1. 1. If an ethics complaint is filed with or initiated by the Commission concerning a present or former state officer or employee, unless the state officer or employee retains his or her legal counsel or the Attorney General tenders the defense of the state officer or employee to an insurer who, pursuant to a contract of insurance, is authorized to defend the state officer or employee, the Attorney General shall defend the state officer or employee or employ special counsel to defend the state officer or employee in any proceeding relating to the ethics complaint if:

   1. (a) The state officer or employee submits a written request for defense in the manner provided in NRS 41.0339; and

   2. (b) Based on the facts and allegations known to the Attorney General, the Attorney General determines that the act or omission on which the alleged violation is based:

      1. (1) Appears to be within the course and scope of public duty or employment of the state officer or employee; and
      2. (2) Appears to have been performed or omitted in good faith.
2. 2. The Attorney General shall create a written record setting forth the basis for the Attorney General’s determination of whether to defend the state officer or employee pursuant to paragraph (b) of subsection 1. The written record is not admissible in evidence at trial or in any other judicial or administrative proceeding in which the state officer or employee is a party, except in connection with an application to withdraw as the attorney of record.

(Added to NRS by 2005, 2556; A 2017, 2500)