Patty Cafferata, who has been the governor-appointed state public defender since March, submitted a letter of resignation Wednesday following scrutiny surrounding documented reports that she did not ably represent clients in criminal cases.

Cafferata, 83, wrote in the resignation letter to Gov. Joe Lombardo that she appreciated his trust in her abilities in the role, which involves supervising attorneys and personally appearing in court on behalf of people who can’t afford an attorney. She said, however, that members of Nevada’s Board of Indigent Defense Services (BIDS) discussed her legal qualifications “based on misinformation” at a public meeting for more than an hour. 

“I believe the Board’s public statements about my legal skills will make it impossible for me to successfully represent clients in White Pine County,” Cafferata wrote. 

Cafferata did not specify in the letter what she believed was misinformation, but said in an email to The Nevada Independent late Wednesday evening that the reports cited by the board were “incomplete,” and, in some instances, “totally false.”

“It will take me quite a while to respond to each and every allegation,” Cafferata wrote. “I plan to file my complete response as soon as time permits so it can be included in the Board's records.”

Cafferata has a long political history in Nevada. Her mother is the late former Rep. Barbara Vucanovich (R-NV), and Cafferata was the first woman elected to a constitutional office in Nevada when she won the race for state treasurer in 1978. She served as a district attorney in Lincoln, Esmeralda and Lander counties and was an at-large delegate to the 2016 Republican National Convention from Nevada.

During the board meeting referenced in the letter, Chair Laura FitzSimmons acknowledged Cafferata’s decades of experience and said a future discussion about the reports would not be personal. 

“She knows more about the history of Nevada and its courthouses than anybody,” FitzSimmons said. “The only thing this board is going to be talking about with respect to Ms. Cafferata is whether or not she has the experience, training and ability to provide constitutionally adequate defense to indigent defendants in Nevada.”

A September site visit report from White Pine County filed by an outreach and compliance adviser said judges in the county “expressed concern about the representation of Patricia Cafferata,” referring to her failure to make a mental health mitigation argument in a case and asking the state for an explanation during proceedings.

FitzSimmons called the resignation “appropriate.” She told The Nevada Independent that Cafferata was emailed all the reports raising concerns about her work before the meeting on Oct. 17. Instead of attending the meeting and addressing “those substantial concerns,” FitzSimmons said, Cafferata was at a different event. 

Cafferata, who had requested the Oct. 17 meeting be pushed back, did not address the reports discussed at the meeting in her letter but noted the board has no statutory authority to discipline her for any alleged misconduct. Records show the request was denied because the meeting had already been pushed back to allow for statutorily required notice. It followed two previously canceled meetings.

Her resignation is effective Nov. 1 and comes in the wake of reporting from The Nevada Independent highlighting the reports surrounding Cafferata’s ability to represent clients, and FitzSimmons’ contention that the former executive director of Nevada’s Department of Indigent Defense Services, Marcie Ryba, was abruptly fired by Lombardo’s staff after Ryba had a dispute with Cafferata.

It’s unclear who will fill Cafferata’s position.

The position is a four-year appointment made by the governor.

This story was updated 10/24/24 at 2:45 p.m. to include a response from Cafferata and details about a request to postpone the meeting.