Right to counsel; compensation of counsel; recess; duties of district attorney.
1. The person alleged to have been infected with or exposed to a communicable disease, or any relative or friend on his behalf, is entitled to retain counsel to represent him in any proceeding before the district court relating to involuntary court-ordered isolation or quarantine, and if he fails or refuses to obtain counsel, the court shall advise him and his guardian or next of kin, if known, of the right to counsel and shall appoint counsel, who may be the public defender or his deputy.
2. Any counsel appointed pursuant to subsection 1 must be awarded compensation by the court for his services in an amount determined by the court to be fair and reasonable. Except as otherwise provided in this subsection, the compensation must be charged against the estate of the person for whom the counsel was appointed or, if the person is indigent, against the county in which the application for involuntary court-ordered isolation or quarantine was filed. In any proceeding before the district court relating to involuntary court-ordered isolation or quarantine, if the person for whom counsel was appointed is challenging his isolation or quarantine or any condition of his isolation or quarantine and the person succeeds in his challenge, the compensation must be charged against the county in which the application for involuntary court-ordered isolation or quarantine was filed.
3. The court shall, at the request of counsel representing the person alleged to have been infected with or exposed to a communicable disease in proceedings before the court relating to involuntary court-ordered isolation or quarantine, grant a recess in the proceedings for the shortest time possible, but for not more than 5 days, to give the counsel an opportunity to prepare his case.
4. Each district attorney or his deputy shall appear and represent the State in all involuntary court-ordered isolation or quarantine proceedings in his county. The district attorney is responsible for the presentation of evidence, if any, in support of the involuntary court-ordered isolation or quarantine of a person to a medical facility, residence or other safe location in proceedings held pursuant to NRS 441A.600 or 441A.610.
Last modified: February 26, 2006