Assembly Joint Resolution No. 18–Committee on
Constitutional Amendments
March 15, 1999
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Referred to Committee on Constitutional Amendments
SUMMARY—Proposes to amend Nevada Constitution to make various changes concerning terms of supreme court justices and district judges. (BDR C-1623)
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 authorize the legislature to provide by law for staggered terms for district judges
and to provide that a person who is appointed to fill a vacancy in an office for
district judge or supreme court justice serves for the remainder of the unexpired
term of his predecessor.
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Resolved by the Assembly and Senate of the State of Nevada,1-2
Jointly, That sections 5 and 20 of article 6 of the Constitution of the State1-3
of Nevada be amended to read respectively as follows:1-4
Sec. 5. 1. The state is hereby divided into Nine Judicial Districts of1-5
which the county of Storey1-6
Ormsby the Second; the county of Lyon the Third; The county of Washoe1-7
the Fourth; The counties of Nye and Churchill the Fifth; The county of1-8
Humboldt the Sixth; The county of Lander the Seventh; The county of1-9
Douglas the Eighth; and the county of Esmeralda the Ninth. The county of1-10
Roop shall be attached to the county of Washoe for judicial purposes until1-11
otherwise provided by law. The Legislature may, however, provide by law1-12
for an alteration in the boundaries or divisions of the Districts herein1-13
prescribed, and also for increasing or diminishing the number of the1-14
Judicial Districts and Judges therein. But no such change shall take effect,1-15
except in case of a vacancy, or the expiration of the term of an incumbent1-16
of the Office. At the first general election under this Constitution there shall1-17
be elected in each of the respective Districts (except as in this Section1-18
hereafter otherwise provided) One District Judge, who shall hold Office1-19
from and including the first Monday of December AD. Eighteen hundred2-1
and Sixty four and until the first Monday of January in the year Eighteen2-2
hundred and Sixty seven. After the said first election, there shall be elected2-3
at the General election which immediately precedes the expiration of the2-4
term of his predecessor, One District Judge in each of the respective2-5
Judicial Districts (except in the First District as in this Section hereinafter2-6
provided.) The District Judges shall be elected by the qualified electors of2-7
their respective districts, and shall , except as otherwise provided in2-8
subsection 2, hold office for the term of 6 years (excepting those elected at2-9
said first election) from and including the first Monday of January, next2-10
succeeding their election and qualification; Provided, that the First Judicial2-11
District shall be entitled to, and shall have Three District Judges, who shall2-12
possess co-extensive and concurrent jurisdiction, and who shall be elected2-13
at the same times, in the same manner, and shall hold office for the like2-14
terms as herein prescribed, in relation to the Judges in other Judicial2-15
Districts, any one of said Judges may preside on the empanneling2-16
[empaneling] of Grand Juries and the presentment and trial on indictments,2-17
under such rules and regulations as may be prescribed by law.2-18
2. The Legislature may provide by law for the arrangement of the2-19
terms of the District Judges so that an equal number of terms, as nearly2-20
as may be, expire every 2 years. Sec. 20. 1. When a vacancy occurs before the expiration of any term2-22
of office in the supreme court or among the district judges, the governor2-23
shall appoint a justice or judge from among three nominees selected for2-24
such individual vacancy by the commission on judicial selection2-25
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2-27
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2. Each nomination for the supreme court shall be made by the2-29
permanent commission, composed of:2-30
(a) The chief justice or an associate justice designated by him;2-31
(b) Three members of the State Bar of Nevada, a public corporation2-32
created by statute, appointed by its board of governors; and2-33
(c) Three persons, not members of the legal profession, appointed by the2-34
governor.2-35
2-36
temporary commission composed of:2-37
(a) The permanent commission;2-38
(b) A member of the State Bar of Nevada resident in the judicial district2-39
in which the vacancy occurs, appointed by the board of governors of the2-40
State Bar of Nevada; and2-41
(c) A resident of such judicial district, not a member of the legal2-42
profession, appointed by the governor.3-1
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corporation or ceases to include all attorneys admitted to practice before3-3
the courts of this state, the legislature shall provide by law, or if it fails to3-4
do so the court shall provide by rule, for the appointment of attorneys at3-5
law to the positions designated in this section to be occupied by members3-6
of the State Bar of Nevada.3-7
3-8
commission, except the first members, is 4 years. Each appointing authority3-9
shall appoint one of the members first appointed for a term of 2 years. If a3-10
vacancy occurs, the appointing authority shall fill the vacancy for the3-11
unexpired term. The additional members of a temporary commission shall3-12
be appointed when a vacancy occurs, and their terms shall expire when the3-13
nominations for such vacancy have been transmitted to the governor.3-14
3-15
commission more than:3-16
(a) One resident of any county.3-17
(b) Two members of the same political party.3-18
No member of the permanent commission may be a member of a3-19
commission on judicial discipline.3-20
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commission on judicial selection has delivered to him its list of nominees3-22
for any vacancy, if the governor has not made the appointment required by3-23
this section, he shall make no other appointment to any public office until3-24
he has appointed a justice or judge from the list submitted.3-25
If a commission on judicial selection is established by another section of3-26
this constitution to nominate persons to fill vacancies on the supreme court,3-27
such commission shall serve as the permanent commission established by3-28
subsection~