County asks court to delay new rules

RENO -- Washoe County commissioners are asking the Nevada Supreme Court to delay a new order dealing with legal representation for indigents because of cost concerns.

The board Tuesday also favored asking Gov. Jim Gibbons to call a special legislative session to deal with the funding crisis created by the new rules, scheduled to take effect April 1.

The measure requires public defenders to explore fully the cases of indigent clients before making any deals with prosecutors.

John Berkich, assistant county manager, said the cost to the judicial system will approach $7 million to $10 million a year for more public defenders and staff, more district attorneys and staff and "tens of thousands" of more days in jail for defendants.

Commissioner Dave Humke won support for a draft letter from the district attorney's staff and another letter to the Supreme Court seeking a delay of the order until July 1, 2009.

The Supreme Court order requires public defenders to report to county commissions when they no longer can take more cases. Then the counties would be required to hire more lawyers.

District Attorney Richard Gammick said he is unsure he can find the 10 lawyers and support staff to expand his office on such short notice.

County Public Defender Jeremy Bosler told the commission that each lawyer in his office handles about 500 cases, spending an average of two to four hours on each case.

"We have done very well," he said of his staff of 32 lawyers. "At some point, there's going to be a problem. I'll give the county as much notice as I can."

The new rule ends the county's practice of early case resolution, in which a public defender and prosecutor come to a plea agreement within 72 hours of an arrest.

Clark County also seeks relief from the court order, Berkich said. The other 15 counties pay the state public defender's office to represent indigents.