Assembly Bill No. 50–Committee on Judiciary

Prefiled January 22, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Revises provisions relating to authority of chief judges in judicial districts that include family court. (BDR 1-374)

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 court system; revising the provisions relating to the authority of chief judges in judicial districts that include family court; providing for the establishment of procedures for addressing certain grievances of parties in family 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. Chapter 3 of NRS is hereby amended by adding thereto the

1-2 provisions set forth as sections 2 to 5, 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 and 4 of this act have the

1-5 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. "Family court" and "family division" mean the division of

1-9 the district court that is established as a family court pursuant to NRS

1-10 3.0105.

1-11 Sec. 5. 1. In each judicial district that includes a county whose

1-12 population is 100,000 or more, in addition to the other duties set forth in

1-13 NRS 3.025:

1-14 (a) The chief judge shall ensure that:

1-15 (1) The procedures which govern the consideration and disposition

1-16 of cases and other proceedings within the jurisdiction of the family court

1-17 are applied as uniformly as practicable; and

2-1 (2) Cases and other proceedings within the jurisdiction of the family

2-2 court are considered and decided in a timely manner.

2-3 (b) Except as otherwise provided in subsection 2, the chief judge shall

2-4 establish procedures for addressing grievances that are:

2-5 (1) Submitted to the chief judge by a party in a case or other

2-6 proceeding within the jurisdiction of the family court; and

2-7 (2) Directly related to the administration of the case or other

2-8 proceeding.

2-9 2. For the purposes of paragraph (b) of subsection 1, a party in a case

2-10 or other proceeding within the jurisdiction of the family court may not

2-11 submit to the chief judge a grievance that:

2-12 (a) Addresses, in whole or in part, the merits of the case or other

2-13 proceeding; or

2-14 (b) Challenges, in whole or in part, the merits of any decision or ruling

2-15 in the case or other proceeding that is made by:

2-16 (1) The family court; or

2-17 (2) A master or other person who is acting pursuant to an order of

2-18 the family court or pursuant to any authority that is granted to the master

2-19 or other person by a specific statute, including, without limitation, NRS

2-20 3.405, 3.475 and 3.500.

2-21 Sec. 6. NRS 3.0105 is hereby amended to read as follows:

2-22 3.0105 1. There is hereby established, in each judicial district that

2-23 includes a county whose population is 100,000 or more, a family court as a

2-24 division of the district court.

2-25 2. If the caseload of the family court so requires, the [presiding judge

2-26 of the district, or the district judges by mutual consent in a district in which

2-27 there is no presiding judge,] chief judge may assign one or more district

2-28 judges of the judicial district to act temporarily as judges of the family

2-29 court.

2-30 3. If for any reason a judge of the family court is unable to act, any

2-31 other district judge of the judicial district may be assigned as provided in

2-32 subsection 2 to act temporarily as judge of the family court.

2-33 4. A district judge assigned to the family court pursuant to subsection 2

2-34 or 3 for a period of 90 or more days must attend the instruction required

2-35 pursuant to subsection 1 of NRS 3.028. [Judges] District judges must not

2-36 be assigned to the family court pursuant to subsections 2 and 3 on a rotating

2-37 basis.

2-38 Sec. 7. NRS 3.025 is hereby amended to read as follows:

2-39 3.025 1. [For the second and eighth judicial districts,] In each

2-40 judicial district that includes a county whose population is 100,000 or

2-41 more, the district judges of that judicial district shall [, on the first judicial

2-42 day of each year,] choose from among [the judges of each district a] those

3-1 district judges a chief judge who is to be the presiding judge of the judicial

3-2 district.

3-3 2. The [presiding judge of the district] chief judge shall:

3-4 (a) Assign cases to each judge in the judicial district;

3-5 (b) Prescribe the hours of court; [and]

3-6 (c) Adopt such other rules or regulations as are necessary for the orderly

3-7 conduct of court business [.

3-8 3. On or before the 15th day of the month following, the presiding

3-9 judge of the district] ; and

3-10 (d) Perform all other duties of the chief judge or of a presiding judge

3-11 that are set forth in this chapter and any other provision of NRS.

3-12 3. Not later than 15 days after the last day of each month, the chief

3-13 judge shall submit [a written report] to the clerk of the supreme court [each

3-14 month, showing:] a written report that shows:

3-15 (a) Those cases which are pending and undecided and to which judge

3-16 the cases have been assigned;

3-17 (b) The type and number of cases each judge considered during the

3-18 preceding month;

3-19 (c) The number of cases submitted to each judge during the preceding

3-20 month;

3-21 (d) The number of cases decided by each judge during the preceding

3-22 month; and

3-23 (e) The number of full judicial days in which each judge appeared in

3-24 court or in chambers in performance of his duties during the preceding

3-25 month.

3-26 Sec. 8. This act becomes effective on July 1, 1999.

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