Koenig Submits BDR to let Commissions Choose Lawyer

A week after Churchill County Commissioners tabled the issue, Assemblyman-elect Greg Koenig submitted a Bill Draft Request that would allow county commissioners to hire their attorneys instead of using the civil deputies appointed to them by local district attorneys. 

“The BDR is not predicated on Churchill County’s support,” said Koenig. He said there was a similar bill that came before the legislature during the last session that did pass out of the Assembly, although it did not get heard in the Senate. 

“I don’t really understand,” said Koenig, “If you’re a county that’s happy with your DA then just keep your DA, but if you’re a county that isn’t happy and you have a conflict, then why not hire your own, I don’t see why the DAs don’t want to give that up. It doesn’t make sense. They should be able to have someone they’re comfortable with representing them.”

The Nevada District Attorneys Association opposed the bill when it came before both the 2019 and the 2021 legislature.  

Currently, state law provides for a check and balance system, separating the legal and legislative powers delegated to local governments by seating the responsibility for advising the elected commission in the elected office of the DA. Civil deputies represent the county as a whole and advise the commission on legal issues on behalf of the community. 
Some commissioners are asking to be given the power to hire their attorneys. 

After strong opposition from DA Arthur Mallory at their last meeting on December 1, commissioners tabled the agenda item that would have approved the creation of a BDR to allow the commissioners to select their civil council, until the December 21 meeting. 

During the discussion on the item on December 1, Mallory said he thought it would be a great idea if commissioners wanted to participate in the hiring process of the civil deputy. “We can absolutely add a commissioner into that process and in looking back probably should have a long time ago,” he said. 

This week the agreement was penned. “Joe and I authored that proposal,” said Mallory referring to the current civil deputy Joe Sanford. “We will include them in the process of evaluating the civil deputy each year, and in the hiring of new civil deputies.”

Commissioners will not address the issue at the regular commission meeting scheduled, as there has been a Memorandum of Understanding drawn up between themselves and the office of the DA.