Nevada

This page provides a breakdown of all major developments and right to counsel law that the NCCRC knows for this state, sorted by subject area. Click on either tab below to see the aspect it describes.

Color Key Explanation
Categorical Right To Counsel There is a right to counsel without qualification for all indigent individuals in this type of case (except that the individual may be required to request counsel).
Discretionary Appointment Of Counsel Courts are permitted but not required to appoint counsel for any indigent individual in this type of case. A request may be required.
Right Or Appointment Is Qualified The established right to counsel or discretionary appointment of counsel is limited in some way, including: the only authority comes from a lower/intermediate court decision or a city government, not a high court or state legislature; a case has cast doubt on prior authority; a statute is ambiguous; or the right or discretionary appointment is not for all individuals or proceedings within that type of case.
No Such Proceeding This state has no law creating a judicial proceeding of this type.
None While this state does not provide for or require appointment of counsel with respect to the given subject area, it does have something (such as a report or bar policy) that supports the right to or appointment of counsel for this subject area.
Other Because the "Other subject areas” category can include developments from different subject areas that do not work the same way as each other, a blanket categorization of this category is not possible.

Abuse/Neglect/Dependency - Accused Parents

Legislation

Key_development Question_mark

Discretionary appointment of counsel

A court may appoint counsel for parents in abuse/neglect proceedings.

Appointment of Counsel: discretionary Qualified: no

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Abuse/Neglect/Dependency - Children

Legislation

Key_development Question_mark

New Nevada law guarantees counsel for children in abuse/neglect proceedings

05/31/2017

A court must appoint counsel for a child in an abuse/neglect proceeding.

Appointment of Counsel: categorical Qualified: no

 

Nccrc_involvement_icon The NCCRC provided some input to the advocacy group that pushed for the legislation.

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Bypass of Parental Input into Abortion - Minor

Legislation

Key_development Question_mark

Right to counsel

The court must appoint counsel for a minor seeking to bypass the parental notification requirement for an abortion.

Appointment of Counsel: categorical Qualified: yes

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Civil Contempt in Family Court

Litigation

Nevada Supreme Court case will decide right to counsel in child support cases

08/03/2017

The Nevada Supreme Court will decide whether pro se parents have a right to counsel before being incarcerated for failing to pay child support.

 

Nccrc_involvement_icon NCCRC co-authored one of the amicus briefs in the case.

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Key_development Question_mark

Discretionary appointment of counsel

The Nevada Supreme Court adopted a case-by-case approach to appointment of counsel in civil contempt proceedings under the federal constitution.

Appointment of Counsel: discretionary Qualified: no

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Civil Commitment - Subject of Petition

Legislation

Key_development Question_mark

Right to counsel

The court must appoint counsel for the respondent in a civil commitment proceeding.

Appointment of Counsel: categorical Qualified: no

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Key_development Question_mark

Right to counsel

The court must appoint counsel for the respondent in a civil commitment proceeding.

Appointment of Counsel: categorical Qualified: no

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Guardianship/Conservatorship of Adults - Ward

Legislation

Key_development Question_mark

Nevada Legislature rewrites guardianship law to strengthen right to counsel

06/05/2017

The Nevada Legislature strengthened the right to counsel for protected persons in guardianship cases in several ways.

Appointment of Counsel: categorical Qualified: no

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Court Rule or Initiative

Nevada Sup. Ct. Commission urges expansion of right to counsel for adult guardianships

09/29/2016

A commission created by the Nevada Supreme Court released a report calling for all potential wards to be provided counsel in guardianships.

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Paternity - Defendant/Respondent

Legislation

Key_development Question_mark

Discretionary appointment of counsel

A court may appoint counsel for an indigent party in paternity or maternity proceedings.

Appointment of Counsel: discretionary Qualified: no

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Paternity - Petitioner or Child

Legislation

Key_development Question_mark

Discretionary appointment of counsel

A court may appoint counsel for an indigent party in paternity or maternity proceedings.

Appointment of Counsel: discretionary Qualified: no

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Quarantine/Inoculation

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for those quarantined due to allegedly having a communicable disease.

Appointment of Counsel: categorical Qualified: no

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Sexually Dangerous Persons - Commitment

Legislation

No such proceeding

There is no procedure in the state for confinement of a sexually dangerous/violent person.

Termination of Parental Rights (Private) - Children

Legislation

Key_development Question_mark

Discretionary appointment of counsel

A court may appoint counsel for a child in a private termination of parental rights proceeding.

Appointment of Counsel: discretionary Qualified: no

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Termination of Parental Rights (State) - Children

Legislation

Key_development Question_mark

New Nevada law guarantees counsel for children in termination proceedings

05/31/2017

A court must appoint counsel for a child in a state-initiated termination proceeding, and may appoint in a private termination.

Appointment of Counsel: categorical Qualified: no

 

Nccrc_involvement_icon The NCCRC provided some input to the advocacy group that pushed for the legislation.

Read more about this

Termination of Parental Rights (State) - Birth Parents

Legislation

Key_development Question_mark

Discretionary appointment of counsel

A court may appoint counsel for an indigent parent in a termination of parental rights proceeding.

Appointment of Counsel: discretionary Qualified: no

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Truancy - Petition Against Child

Legislation

Key_development Question_mark

Right to counsel

Children in Nevada have a right to counsel in truancy cases, which are treated as "child in need of supervision" matters.

Appointment of Counsel: categorical Qualified: no

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