Assembly Joint Resolution No. 13–Committee on
Constitutional Amendments
(On Behalf of Administrative Office of the Courts)
March 5, 1999
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Referred to Committee on Constitutional Amendments
SUMMARY—Proposes to amend Nevada Constitution to revise term of office of justice of the supreme court or judge of district court who is appointed to fill vacancy. (BDR C-916)
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
ASSEMBLY JOINT RESOLUTION—Proposing to amend the Constitution of the State of
Nevada to revise the term of office of a justice of the supreme court or judge of a district
court who is appointed to fill a vacancy.
1-1
Resolved by the Assembly and Senate of the State of Nevada,1-2
Jointly, That section 20 of article 6 of the Constitution of the State of1-3
Nevada be amended to read as follows: Sec. 20. 1. When a vacancy occurs before the expiration of any term1-5
of office in the supreme court or among the district judges, the governor1-6
shall appoint a justice or judge from among three nominees selected for1-7
such individual vacancy by the commission on judicial selection.1-8
1-9
office of any justice or judge so appointed expires on the first Monday of1-10
January following the1-11
calendar months after the date on which the appointment was made. At1-12
that general election, a justice or judge must be elected to fill the1-13
remainder of the term.1-14
2. If the date on which the appointment was made is within the 121-15
calendar months immediately preceding the expiration of the term of the1-16
vacated office, the term of office of the justice or judge appointed1-17
pursuant to subsection 1 is the remainder of the unexpired term of office.2-1
3. Each nomination for the supreme court shall be made by the2-2
permanent commission, composed of:2-3
(a) The chief justice or an associate justice designated by him;2-4
(b) Three members of the State Bar of Nevada, a public corporation2-5
created by statute, appointed by its board of governors; and2-6
(c) Three persons, not members of the legal profession, appointed by the2-7
governor.2-8
4. Each nomination for the district court shall be made by a temporary2-9
commission composed of:2-10
(a) The permanent commission;2-11
(b) A member of the State Bar of Nevada resident in the judicial district2-12
in which the vacancy occurs, appointed by the board of governors of the2-13
State Bar of Nevada; and2-14
(c) A resident of such judicial district, not a member of the legal2-15
profession, appointed by the governor.2-16
5. If at any time the State Bar of Nevada ceases to exist as a public2-17
corporation or ceases to include all attorneys admitted to practice before2-18
the courts of this state, the legislature shall provide by law, or if it fails to2-19
do so the court shall provide by rule, for the appointment of attorneys at2-20
law to the positions designated in this section to be occupied by members2-21
of the State Bar of Nevada.2-22
6. The term of office of each appointive member of the permanent2-23
commission, except the first members, is 4 years. Each appointing authority2-24
shall appoint one of the members first appointed for a term of 2 years. If a2-25
vacancy occurs, the appointing authority shall fill the vacancy for the2-26
unexpired term. The additional members of a temporary commission shall2-27
be appointed when a vacancy occurs, and their terms shall expire when the2-28
nominations for such vacancy have been transmitted to the governor.2-29
7. An appointing authority shall not appoint to the permanent2-30
commission more than:2-31
(a) One resident of any county.2-32
(b) Two members of the same political party.2-33
No member of the permanent commission may be a member of a2-34
commission on judicial discipline.2-35
8. After the expiration of 30 days from the date on which the2-36
commission on judicial selection has delivered to him its list of nominees2-37
for any vacancy, if the governor has not made the appointment required by2-38
this section, he shall make no other appointment to any public office until2-39
he has appointed a justice or judge from the list submitted.3-1
If a commission on judicial selection is established by another section of3-2
this constitution to nominate persons to fill vacancies on the supreme court,3-3
such commission shall serve as the permanent commission established by3-4
subsection 3 of this section.~