Assembly Bill No. 38–Assemblyman Neighbors

Prefiled January 8, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Makes various changes concerning district courts. (BDR 1-363)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: Yes.

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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 district courts; providing for an additional judge for the fifth judicial district; authorizing the board of county commissioners to establish one or more locations within the county for a district court to hold court in addition to the county seat; making an appropriation; 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 1.050 is hereby amended to read as follows:

1-2 1.050 1. [The] Except as otherwise provided in NRS 3.100, the

1-3 district court in and for Carson City shall sit at Carson City.

1-4 2. Except as provided in subsection 4 [,] or NRS 3.100, every other

1-5 court of justice, except justice’s or municipal court, shall sit at the county

1-6 seat of the county in which it is held.

1-7 3. Justices’ courts shall be held in their respective townships, precincts

1-8 or cities, and municipal courts in their respective cities.

1-9 4. The parties to an action in a district court may stipulate, with the

1-10 approval of the court, that the action may be tried, or any proceeding related

1-11 to the action may be had, before that court at any other place in this state

1-12 where a district court is regularly held.

1-13 Sec. 2. NRS 3.015 is hereby amended to read as follows:

1-14 3.015 For the fifth judicial district there must be [one district judge.]

1-15 two district judges.

1-16 Sec. 3. NRS 3.100 is hereby amended to read as follows:

1-17 3.100 1. Except as otherwise provided in this subsection, the district

1-18 courts shall hold court at the county seat of their respective counties. The

2-1 board of county commissioners may establish one or more additional

2-2 locations within the county for the district court to hold court.

2-3 2. If a room for holding court [be] at the county seat is not provided

2-4 by the county, together with attendants, fuel, lights and stationery, suitable

2-5 and sufficient for the transaction of business, the court may direct the

2-6 sheriff to provide such room, attendants, fuel, lights and stationery, and the

2-7 expenses thereof shall be a county charge.

2-8 [2. Offices shall]

2-9 3. An office at each county seat must be provided and furnished by

2-10 and at the expense of the several counties for the several district judges.

2-11 Whenever the county commissioners of any county [shall] neglect or refuse

2-12 to provide and furnish such an office for the use of the district judge, [it

2-13 shall be lawful for such district judge to] the district judge may make an

2-14 order, which [order shall] must be entered upon the minutes of the court,

2-15 requiring the sheriff to provide and furnish [such] the office. The necessary

2-16 expenses incurred therein [shall become] are a legal and valid claim against

2-17 the county.

2-18 Sec. 4. 1. There is hereby appropriated from the state general fund to

2-19 the district judges’ salary account of the supreme court the sum of $62,651

2-20 for a portion of the salary for the additional district judge required for the

2-21 fifth judicial district pursuant to section 2 of this act.

2-22 2. Any remaining balance of the appropriation made by subsection 1

2-23 must not be committed for expenditure after June 30, 2001, and reverts to

2-24 the state general fund as soon as all payments of money committed have

2-25 been made.

2-26 Sec. 5. The additional district judge required for the fifth judicial

2-27 district pursuant to section 2 of this act must be selected at the general

2-28 election to be held on November 7, 2000, and take office on January 1,

2-29 2001. The term of this judge expires on January 6, 2003.

2-30 Sec. 6. The provisions of subsection 1 of NRS 354.599 do not apply to

2-31 any additional expenses of a local government that are related to the

2-32 provisions of this act.

2-33 Sec. 7. 1. This section and sections 1, 3, 5 and 6 of this act become

2-34 effective on October 1, 1999.

2-35 2. Section 4 of this act becomes effective on July 1, 2000.

2-36 3. Section 2 of this act becomes effective on January 1, 2001.

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