Assembly Bill No. 86–Committee on Judiciary

(On Behalf of Clark County)

February 4, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Requires justices of the peace in certain townships to be licensed and admitted to practice law in courts of this state. (BDR 1-576)

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 justices of the peace; requiring that the justices of the peace in certain townships be licensed and admitted to practice law in the courts of this state; 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 4.010 is hereby amended to read as follows:

1-2 4.010 1. A person who is not a qualified elector is not eligible to the

1-3 office of justice of the peace.

1-4 2. [A justice of the peace in a township whose population is 250,000 or

1-5 more must be an attorney who is licensed and admitted to practice law in

1-6 the courts of this state.] A justice of the peace [in a township whose

1-7 population is less than 250,000] must have a high school diploma or its

1-8 equivalent as determined by the state board of education [.] and:

1-9 (a) In a county whose population is 400,000 or more, a justice of the

1-10 peace in a township whose population is 100,000 or more must be an

1-11 attorney who is licensed and admitted to practice law in the courts of this

1-12 state.

1-13 (b) In a county whose population is less than 400,000, a justice of the

1-14 peace in a township whose population is 250,000 or more must be an

1-15 attorney who is licensed and admitted to practice law in the courts of this

1-16 state.

2-1 3. Subsection 2 does not apply to any person who held the office of

2-2 justice of the peace on June 30, [1987.] 1999.

2-3 Sec. 2. Section 4 of Assembly Bill No. 20 of this session is hereby

2-4 amended to read as follows:

2-5 Sec. 4. NRS 4.010 is hereby amended to read as follows:

2-6 4.010 1. A person [who is] shall not be a [qualified elector is

2-7 not] candidate for or be eligible to the office of justice of the peace

2-8 [.] unless he is a qualified elector and has never been removed or

2-9 retired from any judicial office by the commission on judicial

2-10 discipline. For the purposes of this subsection, a person shall not

2-11 be ineligible to be a candidate for the office of justice of the peace

2-12 if a decision to remove or retire him from a judicial office is

2-13 pending appeal before the supreme court or has been overturned

2-14 by the supreme court.

2-15 2. A justice of the peace must have a high school diploma or its

2-16 equivalent as determined by the state board of education and:

2-17 (a) In a county whose population is 400,000 or more, a justice of

2-18 the peace in a township whose population is 100,000 or more must

2-19 be an attorney who is licensed and admitted to practice law in the

2-20 courts of this state.

2-21 (b) In a county whose population is less than 400,000, a justice

2-22 of the peace in a township whose population is 250,000 or more

2-23 must be an attorney who is licensed and admitted to practice law in

2-24 the courts of this state.

2-25 3. Subsection 2 does not apply to any person who held the

2-26 office of justice of the peace on June 30, 1999.

2-27 Sec. 3. This act becomes effective on July 1, 1999.

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