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).

1-1 Section 1. Chapter 3 of NRS is hereby amended by adding thereto the

1-2 provisions set forth as sections 2 to 8, inclusive, of this act.

1-3 Sec. 2. As used in this chapter, unless the context otherwise requires,

1-4 the words and terms defined in sections 3 to 6, inclusive, of this act have

1-5 the meanings ascribed to them in those sections.

1-6 Sec. 3. "Chief judge" means a district judge who is chosen as the

1-7 chief judge of a judicial district pursuant to NRS 3.025.

1-8 Sec. 4. "Department of general jurisdiction" means any department

1-9 of the district court other than a department of the family court.

1-10 Sec. 5. "Department of the family court" means any department of

1-11 the district court that is designated as a department of the family court

1-12 pursuant to NRS 3.012 or 3.018.

1-13 Sec. 6. "Family court" and "family division" mean the division of

1-14 the district court that is established as a family court pursuant to NRS

1-15 3.0105.

2-1 Sec. 7. 1. In each judicial district that includes a county whose

2-2 population is 100,000 or more, the chief judge may, in accordance with

2-3 the provisions of this section, assign a district judge of a department of

2-4 the family court to sit in a department of general jurisdiction if:

2-5 (a) The district judge of the department of the family court agrees to sit

2-6 in the department of general jurisdiction;

2-7 (b) The district judge of the department of general jurisdiction agrees

2-8 to sit in the department of the family court, and the district judge is not

2-9 otherwise deemed to be unavailable to sit in the department of the family

2-10 court for any of the reasons set forth in subsection 8;

2-11 (c) The chief judge sets a definite and coextensive period of

2-12 assignment for the two district judges in accordance with subsection 6;

2-13 and

2-14 (d) The chief judge enters an order concerning the assignment that:

2-15 (1) Sets forth the period of assignment and any conditions

2-16 concerning the assignment that are established pursuant to subsection 2;

2-17 and

2-18 (2) Is signed by the chief judge and the two district judges who have

2-19 agreed to the assignment.

2-20 2. The chief judge may establish conditions concerning the

2-21 assignment or the period of assignment if the two district judges agree to

2-22 the conditions and the conditions are not inconsistent with the provisions

2-23 of this section. During the period of assignment, the chief judge may add,

2-24 modify or delete conditions concerning the assignment or the period of

2-25 assignment or may modify the period of assignment if:

2-26 (a) The two district judges agree to any such additions, modifications

2-27 or deletions;

2-28 (b) The additions, modifications or deletions are not inconsistent with

2-29 the provisions of this section; and

2-30 (c) The chief judge enters an order that sets forth the additions,

2-31 modifications or deletions, and the order is signed by the chief judge and

2-32 the two district judges who have agreed to the additions, modifications or

2-33 deletions.

2-34 3. If an assignment is made pursuant to this section:

2-35 (a) The district judge of the department of the family court who is

2-36 assigned to the department of general jurisdiction shall be deemed to be a

2-37 temporary judge of the family court pursuant to section 8 of this act until

2-38 the district judge decides all matters which were submitted to him before

2-39 his assignment and which are within the jurisdiction of the family court,

2-40 as set forth in NRS 3.223.

2-41 (b) The district judge of the department of general jurisdiction who is

2-42 assigned to the department of the family court shall:

3-1 (1) Except as otherwise provided in subparagraph (2) and NRS

3-2 3.040, hear and decide only those matters that are within the jurisdiction

3-3 of the family court, as set forth in NRS 3.223, while he is assigned to the

3-4 department of the family court.

3-5 (2) Within 60 days after his assignment, decide all matters which

3-6 were submitted to him before his assignment and which are not within the

3-7 jurisdiction of the family court, as set forth in NRS 3.223. If such a matter

3-8 is not decided by the district judge within 60 days after his assignment, the

3-9 matter must be submitted to and decided by another district judge who is

3-10 not assigned to a department of the family court.

3-11 (3) Within 12 months after his assignment, attend at the National

3-12 College of Juvenile and Family Law in Reno, Nevada, instruction in a

3-13 course designed for the training of new judges of juvenile courts and

3-14 family courts, unless the district judge has previously attended such a

3-15 course.

3-16 4. When the period of assignment ends:

3-17 (a) The district judge of the department of the family court who was

3-18 assigned to the department of general jurisdiction shall:

3-19 (1) Except as otherwise provided in subparagraph (2) and NRS

3-20 3.040, hear and decide only those matters that are within the jurisdiction

3-21 of the family court, as set forth in NRS 3.223, while he is assigned to the

3-22 department of the family court; and

3-23 (2) Within 60 days after the period of assignment ends, decide all

3-24 matters which were submitted to him before the period of assignment

3-25 ended and which are not within the jurisdiction of the family court, as set

3-26 forth in NRS 3.223. If such a matter is not decided by the district judge

3-27 within 60 days after the period of assignment ends, the matter must be

3-28 submitted to and decided by another district judge who is not assigned to

3-29 a department of the family court.

3-30 (b) The district judge of the department of general jurisdiction who

3-31 was assigned to the department of the family court shall be deemed to be

3-32 a temporary judge of the family court pursuant to section 8 of this act

3-33 until the district judge decides all matters which were submitted to him

3-34 before the period of assignment ended and which are within the

3-35 jurisdiction of the family court, as set forth in NRS 3.223, unless the

3-36 district judge is deemed to be unavailable to sit in a department of the

3-37 family court for any of the reasons set forth in subsection 8.

3-38 5. If, during the period of assignment, the district judge of the

3-39 department of the family court who is assigned to the department of

3-40 general jurisdiction vacates his judicial office for any reason, including,

3-41 without limitation, removal, resignation, retirement or death, the district

3-42 judge of the department of general jurisdiction who is assigned to the

3-43 department of the family court shall be deemed to be a temporary judge of

4-1 the family court pursuant to section 8 of this act until the vacant judicial

4-2 office in the department of the family court is filled by election or

4-3 appointment. The district judge who is elected or appointed to the vacant

4-4 judicial office in the department of the family court must be assigned to

4-5 that department of the family court unless, after taking office, the district

4-6 judge agrees to be assigned to a department of general jurisdiction

4-7 pursuant to this section.

4-8 6. Except as otherwise provided in subsection 7, the period of

4-9 assignment that is set by the chief judge pursuant to subsection 1 must not

4-10 extend beyond:

4-11 (a) The end of the current term of office of the district judge of the

4-12 department of the family court; or

4-13 (b) The end of the current term of office of the district judge of the

4-14 department of general jurisdiction, if that term ends before the current

4-15 term of office of the district judge of the department of the family court.

4-16 7. Regardless of the period of assignment that is set by the chief judge

4-17 pursuant to subsection 1, the period of assignment shall be deemed to end

4-18 if, during the period of assignment, the district judge of the department of

4-19 general jurisdiction who is assigned to the department of the family court

4-20 is deemed to be unavailable to sit in the department of the family court for

4-21 any of the reasons set forth in subsection 8.

4-22 8. For the purposes of this section, a district judge of a department of

4-23 general jurisdiction shall be deemed to be unavailable to sit in a

4-24 department of the family court if the district judge is:

4-25 (a) Incapacitated because of illness or infirmity; or

4-26 (b) Unable to act or exercise the duties of judicial office for any other

4-27 reason, including, without limitation, suspension, removal, resignation,

4-28 retirement or death.

4-29 9. On or before the first Monday in February of 2001, the chief judge

4-30 of each judicial district that includes a county whose population is

4-31 100,000 or more shall submit to the director of the legislative counsel

4-32 bureau for distribution to members of the legislature a recommendation

4-33 that has been approved by a majority of the active district judges of the

4-34 judicial district as to whether the provisions of this section should be

4-35 continued by the legislature beyond June 30, 2001. The recommendation

4-36 may also include any suggestions for legislation concerning the

4-37 provisions of this section or the assignment of district judges to

4-38 departments of the family court and to departments of general

4-39 jurisdiction.

4-40 10. As used in this section:

4-41 (a) "District judge of a department of general jurisdiction" means a

4-42 district judge who was elected or appointed to a department of general

4-43 jurisdiction.

5-1 (b) "District judge of a department of the family court" means a

5-2 district judge who was elected or appointed to a department of the family

5-3 court.

5-4 Sec. 8. 1. Except as otherwise provided in section 7 of this act, in

5-5 each judicial district that includes a county whose population is 100,000

5-6 or more, the chief judge may, at any time, assign himself, one or more

5-7 other district judges, or any combination thereof, to be a temporary judge

5-8 or temporary judges of the family court if the judge or judges so assigned

5-9 are not currently assigned to a department of the family court.

5-10 2. If a district judge is assigned to be a temporary judge of the family

5-11 court pursuant to this section for a period of 90 days or more, the district

5-12 judge shall attend at the National College of Juvenile and Family Law in

5-13 Reno, Nevada, instruction in a course designed for the training of new

5-14 judges of juvenile courts and family courts, unless the district judge has

5-15 previously attended such a course.

5-16 3. Except as otherwise provided in subsection 4, a district judge who

5-17 is assigned to be a temporary judge of the family court pursuant to this

5-18 section may hear and decide, while he is assigned to be a temporary judge

5-19 of the family court:

5-20 (a) Matters that are within the jurisdiction of the family court, as set

5-21 forth in NRS 3.223; and

5-22 (b) Any other matters that are within the jurisdiction of the district

5-23 court.

5-24 4. A district judge who is assigned to be a temporary judge of the

5-25 family court pursuant to this section shall not act or participate in any

5-26 matter which has been assigned by law or court rule to a district judge of

5-27 a department of the family court and which is unrelated to the

5-28 consideration or disposition of a case or other proceeding within the

5-29 jurisdiction of the family court, as set forth in NRS 3.223. Such matters

5-30 include, without limitation:

5-31 (a) The appointment or removal of members of the committee for

5-32 juvenile services pursuant to NRS 62.103, and all other matters related

5-33 thereto;

5-34 (b) The approval of salaries pursuant to NRS 62.112 or 62.115, and all

5-35 other matters related thereto;

5-36 (c) The appointment, removal or discharge of a director of juvenile

5-37 services, the approval of his staff and the fixing of his salary pursuant to

5-38 NRS 62.1225 or 62.123, and all other matters related thereto;

5-39 (d) The establishment of a youth services commission and the

5-40 appointment of its members pursuant to NRS 62.124, and all other

5-41 matters related thereto;

5-42 (e) The establishment of a temporary detention home for children

5-43 pursuant to NRS 62.180, and all other matters related thereto;

6-1 (f) The administration of programs that provide for restitution to

6-2 victims of crimes pursuant to NRS 62.890, and all other matters related

6-3 thereto;

6-4 (g) Participation on an advisory council for juvenile forestry camps

6-5 pursuant to NRS 244.298, and all other matters related thereto; or

6-6 (h) The appointment of members to an advisory board to review school

6-7 attendance pursuant to NRS 392.126, and all other matters related

6-8 thereto.

6-9 Sec. 9. NRS 3.0105 is hereby amended to read as follows:

6-10 3.0105 [1.] There is hereby established, in each judicial district that

6-23 family court pursuant to subsections 2 and 3 on a rotating basis.]

6-24 Sec. 10. NRS 3.012 is hereby amended to read as follows:

6-25 3.012 1. For the second judicial district there must be 11 district

6-39 department of the district court.

6-40 Sec. 11. NRS 3.018 is hereby amended to read as follows:

6-41 3.018 1. For the eighth judicial district there must be 27 district

6-42 judges, 19 of whom must be district judges of departments of general

7-1 jurisdiction and 8 of whom must be district judges of departments of the

7-2 family court.

7-3 2. The departments of the eighth judicial district must be designated

7-4 as follows:

7-5 (a) Departments 1 to 19, inclusive, must be departments of general

7-6 jurisdiction; and

7-7 (b) Departments 20 to 27, inclusive, must be departments of the family

7-8 court.

7-9 3. The provisions of this section must not be construed so as to

7-10 prohibit the chief judge or the district judges of the eighth judicial district

7-11 from further classifying a department of general jurisdiction according to

7-12 any other permissible criteria, including, without limitation, classifying a

7-13 department of general jurisdiction as a criminal department or civil

7-14 department of the district court.

7-15 Sec. 12. NRS 3.025 is hereby amended to read as follows:

7-16 3.025 1. [For the second and eighth judicial districts,] In each

7-41 month; and

8-1 (e) The number of full judicial days in which each judge appeared in

8-2 court or in chambers in performance of his duties during the preceding

8-3 month.

8-4 Sec. 13. NRS 3.027 is hereby amended to read as follows:

8-5 3.027 1. The court administrator shall, at the direction of the chief

8-23 the state are paid.

8-24 Sec. 14. NRS 3.028 is hereby amended to read as follows:

8-25 3.028 1. Unless he has previously attended such a course, each

8-39 continuing judicial education.

8-40 Sec. 15. NRS 3.220 is hereby amended to read as follows:

8-41 3.220 [The district judges shall possess]

8-42 1. Except as otherwise provided in this chapter, each district judge:

9-1 (a) Possesses equal coextensive and concurrent jurisdiction and power [.

9-2 They each shall have] ;

9-3 (b) Has the power to hold court in any county of this state [. They each

9-4 shall] ; and

9-5 (c) Shall exercise and perform the powers, duties and functions of the

9-6 court and of judges thereof and of judges at chambers.

9-7 2. The decision in an action or proceeding may be written or signed at

9-8 any place in the state by the district judge who acted on the trial and may be

9-9 forwarded to and filed by the clerk, who shall thereupon enter judgment as

9-10 directed in the decision, or judgment may be rendered in open court, and, if

9-11 so rendered, [shall] must be entered by the clerk accordingly.

9-12 3. If the public business requires, each district judge may try causes

9-13 and transact judicial business in the same county at the same time. Each

9-14 district judge [shall have] has the power to transact business which may be

9-15 done in chambers at any point within the state, and court shall be held in

9-16 each county at least once in every 6 months and as often and as long as the

9-17 business of the county requires.

9-18 4. All of this section is subject to the provision that each district judge

9-19 may direct and control the business in his own district and shall see that it is

9-20 properly performed.

9-21 Sec. 16. NRS 293.197 is hereby amended to read as follows:

9-22 293.197 1. In any judicial district that has more than one district

9-40 pursuant to NRS 3.012 or 3.018.

9-41 Sec. 17. Section 2 of chapter 5, Statutes of Nevada 1997, at page 3, is

9-42 hereby amended to read as follows:

9-43 Sec. 2. NRS 3.012 is hereby amended to read as follows:

10-1 3.012 1. For the second judicial district there must be 11

10-2 district judges, [9] 8 of whom must be district judges of departments

10-3 of general jurisdiction and [2] 3 of whom must be district judges of

10-4 departments of the family court.

10-5 2. The departments of the second judicial district must be

10-6 designated as follows:

10-7 (a) Departments 1 [to 4, inclusive,] , 3, 4 and 6 to 10, inclusive,

10-8 must be departments of general jurisdiction; and

10-9 (b) Departments 2, 5 and 11 must be departments of the family

10-10 court.

10-11 3. The provisions of this section must not be construed so as to

10-12 prohibit the chief judge or the district judges of the second judicial

10-13 district from further classifying a department of general jurisdiction

10-14 according to any other permissible criteria, including, without

10-15 limitation, classifying a department of general jurisdiction as a

10-16 criminal department or civil department of the district court.

10-17 Sec. 18. Section 4 of chapter 5, Statutes of Nevada 1997, at page 3, is

10-18 hereby amended to read as follows:

10-19 Sec. 4. The additional family court judge required pursuant to

10-20 section 2 of this act must be selected at the general election to be

10-21 held on November 5, 2002. The term of this judge expires on

10-22 January 5, 2009. On and after January 6, 2003, department 2 of the

10-23 second judicial district is hereby designated as a department of the

10-24 family court.

10-25 Sec. 19. 1. Section 7 of this act expires by limitation on June 30,

10-26 2001.

10-27 2. On July 1, 2001:

10-28 (a) Any district judge of a department of the family court who, on or

10-29 before June 30, 2001, was assigned to the department of general

10-30 jurisdiction pursuant to section 7 of this act:

10-31 (1) Except as otherwise provided in subparagraph (2) and NRS 3.040,

10-32 must be assigned to the department of the family court to which he was

10-33 elected or appointed and shall hear and decide only those matters that are

10-34 within the jurisdiction of the family court, as set forth in NRS 3.223; and

10-35 (2) Shall, within 60 days after June 30, 2001, decide all matters which

10-36 were submitted to him on or before June 30, 2001, and which are not within

10-37 the jurisdiction of the family court, as set forth in NRS 3.223. If such a

10-38 matter is not decided by the district judge within 60 days after June 30,

10-39 2001, the matter must be submitted to and decided by another district judge

10-40 who is not assigned to a department of the family court.

10-41 (b) Any district judge of a department of general jurisdiction who, on or

10-42 before June 30, 2001, was assigned to a department of the family court

10-43 pursuant to section 7 of this act must be assigned to the department of

11-1 general jurisdiction to which he was elected or appointed and shall be

11-2 deemed to be a temporary judge of the family court pursuant to section 8 of

11-3 this act until the district judge decides all matters which were submitted to

11-4 him on or before June 30, 2001, and which are within the jurisdiction of the

11-5 family court, as set forth in NRS 3.223.

11-6 Sec. 20. This act becomes effective on July 1, 1999.