Assembly Bill No. 51–Committee on Judiciary

Prefiled January 22, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Makes various changes concerning reporting of certain statistical information to court administrator by district courts, justices’ courts and municipal courts. (BDR 1-377)

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; requiring the district courts, justices’ courts and municipal courts to submit certain statistical information to the court administrator; requiring the court administrator to compile such information and submit an annual report concerning the information to the director of the legislative counsel bureau; 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 1.360 is hereby amended to read as follows:

1-2 1.360 Under the direction of the supreme court, the court administrator

1-3 shall:

1-4 1. Examine the administrative procedures employed in the offices of

1-5 the judges, clerks, court reporters and employees of all courts of this state

1-6 and make recommendations, through the chief justice, for the improvement

1-7 of those procedures;

1-8 2. Examine the condition of the dockets of the courts and determine

1-9 the need for assistance by any court;

1-10 3. Make recommendations to and carry out the directions of the chief

1-11 justice relating to the assignment of district judges where district courts are

1-12 in need of assistance;

1-13 4. Develop a uniform system for collecting and compiling statistics

1-14 and other data regarding the operation of the state court system and

1-15 transmit that information to the supreme court so that proper action may be

1-16 taken in respect thereto;

2-1 5. Prepare and submit a budget of state appropriations necessary for

2-2 the maintenance and operation of the state court system and make

2-3 recommendations in respect thereto;

2-4 6. Develop procedures for accounting, internal auditing, procurement

2-5 and disbursement for the state court system;

2-6 7. Collect statistical and other data and make reports relating to the

2-7 expenditure of all public money for the maintenance and operation of the

2-8 state court system and the offices connected therewith;

2-9 8. Compile statistics from the information required to be maintained

2-10 by the clerks of the district courts pursuant to NRS 3.275 and make reports

2-11 as to the cases filed in the district courts;

2-12 9. Formulate and submit to the supreme court recommendations of

2-13 policies or proposed legislation for the improvement of the state court

2-14 system; [and]

2-15 10. On or before January 1 of each year, submit to the director of the

2-16 legislative counsel bureau a written report compiling the information

2-17 submitted to the court administrator pursuant to sections 6, 9 and 10 of

2-18 this act during the immediately preceding fiscal year; and

2-19 11. Attend to such other matters as may be assigned by the supreme

2-20 court or prescribed by law.

2-21 Sec. 2. Chapter 3 of NRS is hereby amended by adding thereto the

2-22 provisions set forth as sections 3 to 6, inclusive, of this act.

2-23 Sec. 3. As used in this chapter, unless the context otherwise requires,

2-24 the words and terms defined in sections 4 and 5 of this act have the

2-25 meanings ascribed to them in those sections.

2-26 Sec. 4. "Chief judge" means a district judge who is chosen as the

2-27 chief judge of a judicial district pursuant to NRS 3.025.

2-28 Sec. 5. "Family court" means the division of the district court that is

2-29 established as a family court pursuant to NRS 3.0105.

2-30 Sec. 6. In the time and manner prescribed by the supreme court, the

2-31 chief judge of the judicial district or, if the district has no chief judge, a

2-32 district judge designated by mutual consent of the district judges of that

2-33 district, shall submit to the court administrator a report of the statistical

2-34 information required pursuant to this section and such other statistical

2-35 information as prescribed by the supreme court. The report must include,

2-36 without limitation, statistical information concerning:

2-37 1. Those cases which are pending and undecided and the judge to

2-38 whom each case has been assigned;

2-39 2. The type and number of cases each judge considered during the

2-40 preceding month;

2-41 3. The number of cases submitted to each judge during the preceding

2-42 month;

3-1 4. The number of cases decided by each judge during the preceding

3-2 month; and

3-3 5. The number of full judicial days in which each judge appeared in

3-4 court or in chambers in performance of his duties during the preceding

3-5 month.

3-6 Sec. 7. NRS 3.0105 is hereby amended to read as follows:

3-7 3.0105 1. There is hereby established, in each judicial district that

3-8 includes a county whose population is 100,000 or more, a family court as a

3-9 division of the district court.

3-10 2. If the caseload of the family court so requires, the [presiding judge

3-11 of the district, or the district judges by mutual consent in a district in which

3-12 there is no presiding judge,] chief judge may assign one or more district

3-13 judges of the judicial district to act temporarily as judges of the family

3-14 court.

3-15 3. If for any reason a judge of the family court is unable to act, any

3-16 other district judge of the judicial district may be assigned as provided in

3-17 subsection 2 to act temporarily as judge of the family court.

3-18 4. A district judge assigned to the family court pursuant to subsection 2

3-19 or 3 for a period of 90 or more days must attend the instruction required

3-20 pursuant to subsection 1 of NRS 3.028. [Judges] District judges must not

3-21 be assigned to the family court pursuant to subsections 2 and 3 on a rotating

3-22 basis.

3-23 Sec. 8. NRS 3.025 is hereby amended to read as follows:

3-24 3.025 1. [For the second and eighth judicial districts,] In each

3-25 judicial district that includes a county whose population is 100,000 or

3-26 more, the district judges of that judicial district shall [, on the first judicial

3-27 day of each year,] choose from among [the judges of each district a] those

3-28 district judges a chief judge who is to be the presiding judge of the judicial

3-29 district.

3-30 2. The [presiding judge of the district] chief judge shall:

3-31 (a) Assign cases to each judge in the judicial district;

3-32 (b) Prescribe the hours of court; [and]

3-33 (c) Adopt such other rules or regulations as are necessary for the orderly

3-34 conduct of court business [.

3-35 3. On or before the 15th day of the month following, the presiding

3-36 judge of the district shall submit a written report to the clerk of the

3-37 supreme court each month, showing:

3-38 (a) Those cases which are pending and undecided and to which judge

3-39 the cases have been assigned;

3-40 (b) The type and number of cases each judge considered during the

3-41 preceding month;

3-42 (c) The number of cases submitted to each judge during the preceding

3-43 month;

4-1 (d) The number of cases decided by each judge during the preceding

4-2 month; and

4-3 (e) The number of full judicial days in which each judge appeared in

4-4 court or in chambers in performance of his duties during the preceding

4-5 month.] ; and

4-6 (d) Perform all other duties of the chief judge or of a presiding judge

4-7 that are set forth in this chapter and any other provision of NRS.

4-8 Sec. 9. Chapter 4 of NRS is hereby amended by adding thereto a new

4-9 section to read as follows:

4-10 In the time and manner prescribed by the supreme court, the justice of

4-11 the peace of a township or, if there is more than one justice of the peace

4-12 of a township, a justice of the peace designated by mutual consent of the

4-13 other justices of the peace of that township, shall submit to the court

4-14 administrator a written report of the statistical information required

4-15 pursuant to this section and such other statistical information as

4-16 prescribed by the supreme court. The report must include, without

4-17 limitation, statistical information concerning:

4-18 1. Those cases which are pending and undecided and the justice of

4-19 the peace to whom each case has been assigned;

4-20 2. The type and number of cases each justice of the peace considered

4-21 during the preceding month;

4-22 3. The number of cases submitted to each justice of the peace during

4-23 the preceding month;

4-24 4. The number of cases decided by each justice of the peace during

4-25 the preceding month; and

4-26 5. The number of full judicial days in which each justice of the peace

4-27 appeared in court or in chambers in performance of his duties during the

4-28 preceding month.

4-29 Sec. 10. Chapter 5 of NRS is hereby amended by adding thereto a

4-30 new section to read as follows:

4-31 In the time and manner prescribed by the supreme court, the

4-32 municipal judge of a city or, if there is more than one municipal judge

4-33 for a city, a municipal judge designated by mutual consent of the other

4-34 municipal judges of that city, shall submit to the court administrator a

4-35 written report of the statistical information required pursuant to this

4-36 section and such other statistical information as prescribed by the

4-37 supreme court. The report must include, without limitation, statistical

4-38 information concerning:

4-39 1. Those cases which are pending and undecided and the municipal

4-40 judge to whom each case has been assigned;

4-41 2. The type and number of cases each municipal judge considered

4-42 during the preceding month;

5-1 3. The number of cases submitted to each municipal judge during

5-2 the preceding month;

5-3 4. The number of cases decided by each municipal judge during the

5-4 preceding month; and

5-5 5. The number of full judicial days in which each municipal judge

5-6 appeared in court or in chambers in performance of his duties during the

5-7 preceding month.

5-8 Sec. 11. This act becomes effective on July 1, 1999.

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