1
STATEOFNEVADA
A
DVISORY
C
OUNCILFOR
P
ROSECUTING
A
TTORNEYS
100NorthCarsonStreet
CarsonCity,Nevada89701
Theresa Haar, Special Assistant Attorney General
702-486-3792
NOTICE OF PUBLIC MEETING AND AGENDA
Organization: Advisory Council for Prosecuting Attorneys
Date and Time of Meeting: March 25, 2021 ● 2:30 p.m.
Place of Meeting: Telephonic Conference Call
Number: 605-313-5111
Access code: 468822
Please Note: The Advisory Council for Prosecuting Attorneys may: 1) take agenda items out of
order; 2) combine two or more items for consideration; or 3) remove an item from the agenda or
delay discussion related to an item at any time. Reasonable efforts will be made to assist and
accommodate physically handicapped persons who wish to attend this meeting. Please contact
Theresa Haar, Special Assistant Attorney General, at (702) 486-3792 or [email protected] in
advance, so that arrangements can be made.
1. Call to Order and Roll Call.
2. Public Comment.
For discussion only. Public comment shall be limited to five (5) minutes per person.
Action may not be taken on any matter brought up under this agenda item, until
scheduled on the agenda of a future meeting for possible action.
3. Approval of minutes of December 15, 2020 meeting. (For possible action).
Attachment 1 – Minutes from December 15, 2020 Meeting.
4. Discussion of 2021 Legislative session. (For discussion).
For discussion only. Members of the Board to discuss current status of various bills.
5. Public Comment.
For discussion Only. Action may not be taken on any matter brought up Public comment
shall be limited to five (5) minutes per person. Action may not be taken on any matter
brought up under this agenda item, until scheduled on the agenda of a future meeting for
possible action
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6. Adjournment.
In accordance with NRS 241.020, this agenda was posted on or before March 21, 2021 online at
www.nvpac.nv.gov and at the following locations:
Office of the Attorney General, 100 N. Carson Street, Carson City, NV 89701
Office of the Attorney General, 5450 Kietzke Lane, Suite 202, Reno, NV 89511
Office of the Attorney General, Grant Sawyer Building, 555 E. Washington Ave., Las
Vegas, NV 89101
Legislative Building, 401 N. Carson Street, Carson City, NV 89701
Nevada State Capitol Building, 101 N. Carson Street, Carson City, NV 89701
Nevada State Library, 100 N. Stewart Street, Carson City, NV 89701
Meeting materials may be requested from Theresa Haar, Special Assistant Attorney General, at
(702) 486-3792 or [email protected] in, and obtained from the Office of the Attorney General at
any of the first three (3) locations listed above.
ATTACHMENT 1
TO
Advisory Council for Prosecuting Attorneys
March 25, 2021
Draft Minutes to December 15, 2020
Meeting
1
STATEOFNEVADA
A
DVISORY
C
OUNCILFOR
P
ROSECUTING
A
TTORNEYS
100NorthCarsonStreet
CarsonCity,Nevada89701
Theresa M. Haar, Special Assistant Attorney General
702-486-3420
DRAFT MEETING MINUTES
Organization: Advisory Council for Prosecuting Attorneys
Date and Time of Meeting: December 15, 2020 ● 10:30 a.m.
Place of Meeting: Telephonic Conference Call
Number: 605-313-5111
Access code: 468822
1. Call to Order and Roll Call.
2. Public Comment.
Churchill county has no COVID irregularities.
3. Approval of minutes of September 28, 2020 meeting.
(Attachment One (1) – Minutes September 28, 2020 Meeting).
Art Mallory moved to approve the minutes of the September 28, 2020 meeting and Steve
Wolfson seconded the motion with the correction to the minutes as to Mr. Christopher Lalli
misspelling of his last name, with no opposition, the minutes were approved.
4. Discussion of prosecution-related issues as a result of Court closures due to Covid.
Members Present:
Aaron D. Ford, Attorney General, Chair
Theresa Haar, Special Assistant Attorney General,
Executive Directo
r
Christopher Hicks, Washoe County District Attorney
Art Mallory, Churchill District Attorney
AJ Delap, LVMPD
Steve Wolfson, Clark County District Attorney
Guests Present:
Anela Kaheaku, Attorney General’s Office
Christopher Lalli, Clark County District Attorney
Jennife
r
Noble, Washoe County District Attorney
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Ms. Haar leads the discussion stating that there are two issues that the AGO has been
seeing. First, AGO Prosecutors have been noticing that cases have not been going to trial
and the fact that there may be a back log of cases in court once it opens up again. One thing
that has been talked about is the prioritization of those cases once things open. The second
issue has been coming from victims’ advocate group. The general concern is the cases that
have been resolved the victims have ongoing concerns regarding threats to themselves or
other issues related to trial. Discussion is opened up to the members for thoughts on those
issues or if there any other issues that they may have.
Mr. Mallory states that in the rural areas they are conducting hearings and appearances via
Zoom, which is working well. They prioritize according to seriousness and people who are
incarcerated who need to be brought to court as soon as possible.
Mr. Lalli states that in Clark County there are two courtrooms that are designed to address
the pandemic. Justice Court is proceeding forward. Best Practices Committee has talked
about a possibility bringing in senior judges and utilizing the regional justice center almost
exclusively for criminal matters. They intend to sit down with Judge Bell and the leadership
team to go over some ideas and hopefully have a plan in place this spring.
Mr. Hicks states that they are encountering many of the same concerns and like the rurals,
they are having hearings via Zoom. The issue that they found is jury trials. They were able
to conduct jury trials in October, but it was very difficult to do with the restrictions
regarding Covid. They did find that jurors were actually there and very ready to serve. It
was not as difficult to bring them in as they expected. They have a similar committee as
Clark County in second judicial district and they are trying to work through a priority
system. He is eager to see what the Best Practices Committee will come up with. He states
that their jail population is down 30% and part of that is due to pre-trial releases due to
Covid outbreaks, but also it is due to crime rate being down. They are also doubling their
efforts as to the victims to make sure that they are okay and be understanding to their efforts
during this difficult time.
Mr. Mallory asks about the incarcerated population and if there will be a vaccine available
to them.
AG Ford states that at the state prison level there is a lot of conversation around what to
do. He has seen that in some of the facilities inmates and sometimes workers/correctional
officers are refusing to take the vaccine. They are trying to figure out legally what the
alternatives are. This issue is on the Governors radar. It is AG Ford’s understanding that
the institutions are one of the top tiers to receiving the vaccines.
Mr. Mallory states that they have done research on the possible requirements for first
responders/law enforcement personnel to be required to be vaccinated. He would be
interested in finding out if there are any other research or thoughts regarding this.
AG Ford states that he is interested in comparing notes regarding this issue.
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Ms. Haar asks Mr. Delap for his input on Metro mandate on the vaccine, is he able to add
anything. Mr. Delap states that he doesn’t have any details on this but will circle back
when something becomes available.
5. Discussion of 2021 Legislative session.
AG Ford states that he would begin by highlighting three BDRs for discussion. They had
20 bills available but only used 15 and of those 15 there are three that are related to the
criminal justice side. One relates to pattern or practice investigations. They are setting up
meetings with law enforcement regarding this. The second bill relates to no knock warrants.
It is not an elimination of no knock warrant but a restriction. The third is a provision in
officer involved use of force that resulted in intentional bodily harm or officer involved
shootings that resulted in death. He would like to learn from the committee ways in which
the AGO can be more engaged in the statutory process of this.
Mr. Mallory states that they have requested that all of the law enforcement agencies allow
his offices to do an internal review. This puts a buffer between the officers doing the review
of peers. It might be good to include an element of the AGO in the process. He thinks it
might help the public concern.
AG Ford concurs with this thought and it may help improve the practices across the board.
He would like to engage in conversations with everyone how the AGO can be more
involved and engaged in the investigative process on the side of law enforcement but also
prosecutorial side with the committee.
Mr. Mallory states that in an effort to avoid any appearance of impropriety, the process
would be to have an independent authority to review what happened. He believes that this
would help the public understand the process a lot better.
Mr. Wolfson asks for clarification that AG Ford intends to remove the part that involves
the language regarding AG review of these types of cases from the bill.
AG Ford states that it would be at a minimum an amendment. At the moment the AGO
does not have the capacity to take on a lot of this. He would like to the opportunity to speak
with everyone and get up to speed with all of this. He asks if there is an exchange of
information regarding notification of an officer involved shooting that they notify the
AGO.
Mr. Wolfson states that law enforcement should be on board with this. Notification should
come from law enforcement also. LVMPD briefings are conducted within 48 to 72 hours.
Clark County DA’s office is invited to these briefings and maybe the AGO could be invited.
There are subsequent processes in place that the AGO could be a part of also.
AG Ford states that is what he was referring to. The 72-hour briefing is an opportunity for
AGO to be educated on what law enforcement does on the ground. He wants to be involved
to educate the public on what has transpired.
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Ms. Haar states that there is small clean up. One is the pen register. It is proposed to bring
it into the modern world of allowing for electronic signatures and any task forces that
involves state, local, and federal officers. All officers on the task force has equal ability
and authority to apply for search warrants do pen registers and that sort of thing. Another
item is domestic violence statute, battery on a pregnant victim, adding a penalty to that
item.
Another item is City of Henderson proposed a cleanup of the Andersen jury trial issues for
municipalities, that for domestic violence cases municipalities do have the authority to do
jury trials but in the alternative if there is a domestic violence charge and related felony
charge, they can be consolidated to a single district court jury trial.
6. Public Comment.
Action may not be taken on any matter brought up Public comment shall be limited to five
(5) minutes per person. Action may not be taken on any matter brought up under this
agenda item, until scheduled on the agenda of a future meeting for possible action.
AG Ford asks if there are any other comments. None.
7. Adjournment.
Motion to adjourned by Mr. Mallory and second by Mr. Hicks.
Minutes respectfully submitted by Anela Kaheaku, Legal Secretary II
