Assembly Bill No. 20–Committee on Judiciary

Prefiled January 7, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Clarifies certain provisions concerning eligibility for judicial office of persons who have previously been removed or retired from judicial office. (BDR 1-229)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to the state judicial department; clarifying that judges of municipal courts and justices of the peace may not seek reelection if they were previously removed or retired from any judicial office; clarifying that a justice of the supreme court, district court judge, justice of the peace or municipal court judge is not ineligible to be a candidate for judicial office if a decision to remove or retire him from judicial office is pending appeal before the supreme court or has been overturned by the supreme court; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 1.4653 is hereby amended to read as follows:

1-2 1.4653 1. The commission may remove, censure or impose other

1-3 forms of discipline on a justice or judge if the commission determines that

1-4 the justice or judge:

1-5 (a) Has committed willful misconduct;

1-6 (b) Has willfully or persistently failed to perform the duties of his office;

1-7 or

1-8 (c) Is habitually intemperate.

1-9 [A justice or judge removed pursuant to this subsection may not, unless the

1-10 supreme court overturns the removal upon appeal, thereafter seek or hold

1-11 judicial office within this state.]

1-12 2. The commission may censure or impose other forms of discipline on

1-13 a justice or judge if the commission determines that the justice or judge has

2-1 violated one or more of the provisions of the Nevada Code of Judicial

2-2 Conduct in a manner that is not knowing or deliberate.

2-3 3. The commission may retire a justice or judge if the commission

2-4 determines that:

2-5 (a) The advanced age of the justice or judge interferes with the proper

2-6 performance of his judicial duties; or

2-7 (b) The justice or judge suffers from a mental or physical disability that

2-8 prevents the proper performance of his judicial duties and is likely to be

2-9 permanent in nature.

2-10 4. As used in this section:

2-11 (a) "Habitual intemperance" means the chronic, excessive use of alcohol

2-12 or another substance that affects mental processes, awareness or judgment.

2-13 (b) "Willful misconduct" includes:

2-14 (1) Conviction of a felony or of a misdemeanor involving moral

2-15 turpitude;

2-16 (2) A knowing or deliberate violation of one or more of the provisions

2-17 of the Nevada Code of Judicial Conduct;

2-18 (3) A knowing or deliberate act or omission in the performance of

2-19 judicial or administrative duties that:

2-20 (I) Involves fraud or bad faith or amounts to a public offense; and

2-21 (II) Tends to corrupt or impair the administration of justice in a

2-22 judicial proceeding; and

2-23 (4) Knowingly or deliberately swearing falsely in testimony before

2-24 the commission or in documents submitted under oath to the commission.

2-25 Sec. 2. NRS 2.020 is hereby amended to read as follows:

2-26 2.020 1. A person shall not be a candidate for or be eligible to the

2-27 office of justice of the supreme court:

2-28 [1.] (a) Unless he has attained the age of 25 years.

2-29 [2.] (b) Unless he is an attorney licensed and admitted to practice law in

2-30 the courts of this state.

2-31 [3.] (c) Unless he is a qualified elector and has been a bona fide resident

2-32 of this state for 2 years next preceding the election or appointment.

2-33 [4.] (d) If he has ever been removed from any judicial office by the

2-34 legislature or removed or retired from any judicial office by the

2-35 commission on judicial discipline.

2-36 2. For the purposes of this section, a person shall not be ineligible to

2-37 be a candidate for the office of justice of the supreme court if a decision

2-38 to remove or retire him from a judicial office is pending appeal before the

2-39 supreme court or has been overturned by the supreme court.

2-40 Sec. 3. NRS 3.060 is hereby amended to read as follows:

2-41 3.060 1. A person shall not be a candidate for or be eligible to the

2-42 office of district judge:

2-43 [1.] (a) Unless he has attained the age of 25 years.

3-1 [2.] (b) Unless he is an attorney licensed and admitted to practice law in

3-2 the courts of this state.

3-3 [3.] (c) Unless he is a qualified elector and has been a bona fide resident

3-4 of this state for 2 years next preceding the election or appointment.

3-5 [4.] (d) If he has ever been removed from any judicial office by the

3-6 legislature or removed or retired from any judicial office by the

3-7 commission on judicial discipline.

3-8 2. For the purposes of this section, a person shall not be ineligible to

3-9 be a candidate for the office of district judge if a decision to remove or

3-10 retire him from a judicial office is pending appeal before the supreme

3-11 court or has been overturned by the supreme court.

3-12 Sec. 4. NRS 4.010 is hereby amended to read as follows:

3-13 4.010 1. A person [who is] shall not be a [qualified elector is not]

3-14 candidate for or be eligible to the office of justice of the peace [.] unless he

3-15 is a qualified elector and has never been removed or retired from any

3-16 judicial office by the commission on judicial discipline. For the purposes

3-17 of this subsection, a person shall not be ineligible to be a candidate for

3-18 the office of justice of the peace if a decision to remove or retire him from

3-19 a judicial office is pending appeal before the supreme court or has been

3-20 overturned by the supreme court.

3-21 2. A justice of the peace in a township whose population is 250,000 or

3-22 more must be an attorney who is licensed and admitted to practice law in

3-23 the courts of this state. A justice of the peace in a township whose

3-24 population is less than 250,000 must have a high school diploma or its

3-25 equivalent as determined by the state board of education.

3-26 3. Subsection 2 does not apply to any person who held the office of

3-27 justice of the peace on June 30, 1987.

3-28 Sec. 5. NRS 5.020 is hereby amended to read as follows:

3-29 5.020 1. Except as otherwise provided in subsection 2, each

3-30 municipal judge must be chosen by the electors of the city within which the

3-31 municipal court is established on a day to be fixed by the governing body

3-32 of that city. He shall hold his office for 1 year, unless a longer period is

3-33 fixed by the charter of the city, in which case he shall hold his office for

3-34 that longer period. Before entering upon his duties , a municipal judge shall

3-35 take the constitutional oath of office. A municipal judge must:

3-36 (a) Be a citizen of [the] this state;

3-37 (b) Except as otherwise provided in the charter of a city organized under

3-38 a special charter, have been a bona fide resident of the city for not less than

3-39 1 year next preceding his election; [and]

3-40 (c) Be a qualified elector in the city [.] ; and

3-41 (d) Not have ever been removed or retired from any judicial office by

3-42 the commission on judicial discipline.

4-1 2. The governing body of a city, with the consent of the board of

4-2 county commissioners and the justice of the peace, may provide that a

4-3 justice of the peace of the township in which the city is located is ex officio

4-4 the municipal judge of the city.

4-5 3. For the purposes of this section, a person shall not be ineligible to

4-6 be a candidate for the office of municipal judge if a decision to remove or

4-7 retire him from a judicial office is pending appeal before the supreme

4-8 court or has been overturned by the supreme court.

4-9 Sec. 6. NRS 5.023 is hereby amended to read as follows:

4-10 5.023 1. The governing body of the city shall select a number of

4-11 persons it determines appropriate to comprise a panel of substitute

4-12 municipal judges. The persons selected must not have ever been removed

4-13 or retired from any judicial office by the commission on judicial discipline

4-14 and must be:

4-15 (a) Members in good standing of the State Bar of Nevada;

4-16 (b) Adult residents of the city; or

4-17 (c) Justices of the peace of the county.

4-18 2. Whenever a municipal judge is disqualified from acting in a case

4-19 pending in the municipal court or is unable to perform his duties because of

4-20 his temporary sickness or absence, he shall, if necessary, appoint a person

4-21 from the panel of substitute municipal judges to act in his place.

4-22 3. A person so appointed must take and subscribe to the official oath

4-23 before acting as a municipal judge pro tempore. While acting in that

4-24 capacity, he is entitled to receive a per diem salary set by the governing

4-25 body. The annual sum expended for salaries of municipal judges pro

4-26 tempore must not exceed the amount budgeted for that expense by the

4-27 governing body.

4-28 4. If an appointment of a municipal judge pro tempore becomes

4-29 necessary and the municipal judge fails or is unable to make the

4-30 appointment, the mayor shall make the appointment from the panel of

4-31 substitute municipal judges.

4-32 5. For the purposes of this section, a person shall not be ineligible to

4-33 be a candidate for the office of municipal judge pro tempore if a decision

4-34 to remove or retire him from a judicial office is pending appeal before the

4-35 supreme court or has been overturned by the supreme court.

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