173.055 - Duties of district attorney or Attorney General; written statement containing reasons why information not filed. - Nevada Statutes

173.055  Duties of district attorney or Attorney General; written statement containing reasons why information not filed.

      1.  The Attorney General when acting pursuant to a specific statute or the district attorney of the proper county shall inquire into all cases of preliminary examinations as provided by law, concerning the commission of any offense, whether the offenders are committed to jail, recognized or held to bail.

      2.  If the district attorney or the Attorney General determines in any such case that an information ought not to be filed, the district attorney or Attorney General shall file with the clerk of the court having jurisdiction of the supposed offense a written statement containing the reasons, in fact and in law, for not filing any information in the case. The statement must be filed within 15 days after the holding of the preliminary examination.

      (Added to NRS by 1967, 1412; A 1975, 655; 1979, 1093; 1989, 164)

      NRS 173.065  Judge may require Attorney General to prosecute if district attorney refuses.  The judge of the court having jurisdiction may in extreme cases, upon affidavit filed with the judge of the commission of a crime, require all available evidence to be delivered to the Attorney General for prosecution, if the district attorney refuses to prosecute any person for such crime.

      (Added to NRS by 1967, 1413)