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 require legislature to provide by law for staggered terms of office for 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 [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).

 

ASSEMBLY JOINT RESOLUTION—Proposing to amend the Constitution of the State of

Nevada to require the legislature to provide by law for staggered terms of office for district

judges.

1-1 Resolved by the Assembly and Senate of the State of Nevada,

1-2 Jointly, That section 5 of article 6 of the Constitution of the State of

1-3 Nevada be amended to read as follows:

1-4 Sec. 5. 1. The state is hereby divided into Nine Judicial Districts of

1-5 which the county of Storey [shall constitute] is the First; The county of

1-6 Ormsby the Second; the county of Lyon the Third; The county of Washoe

1-7 the Fourth; The counties of Nye and Churchill the Fifth; The county of

1-8 Humboldt the Sixth; The county of Lander the Seventh; The county of

1-9 Douglas the Eighth; and the county of Esmeralda the Ninth. The county of

1-10 Roop shall be attached to the county of Washoe for judicial purposes until

1-11 otherwise provided by law. The Legislature may, however, provide by law

1-12 for an alteration in the boundaries or divisions of the Districts herein

1-13 prescribed, and also for increasing or diminishing the number of the

1-14 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 incumbent

1-16 of the Office. At the first general election under this Constitution there shall

1-17 be elected in each of the respective Districts (except as in this Section

1-18 hereafter otherwise provided) One District Judge, who shall hold Office

1-19 from and including the first Monday of December AD. Eighteen hundred

1-20 and Sixty four and until the first Monday of January in the year Eighteen

2-1 hundred and Sixty seven. After the said first election, there shall be elected

2-2 at the General election which immediately precedes the expiration of the

2-3 term of his predecessor, One District Judge in each of the respective

2-4 Judicial Districts (except in the First District as in this Section hereinafter

2-5 provided.) The District Judges shall be elected by the qualified electors of

2-6 their respective districts, and shall , except as otherwise provided in

2-7 subsection 2, hold office for the term of 6 years (excepting those elected at

2-8 said first election) from and including the first Monday of January, next

2-9 succeeding their election and qualification; Provided, that the First Judicial

2-10 District shall be entitled to, and shall have Three District Judges, who shall

2-11 possess co-extensive and concurrent jurisdiction, and who shall be elected

2-12 at the same times, in the same manner, and shall hold office for the like

2-13 terms as herein prescribed, in relation to the Judges in other Judicial

2-14 Districts, any one of said Judges may preside on the empanneling

2-15 [empaneling] of Grand Juries and the presentment and trial on indictments,

2-16 under such rules and regulations as may be prescribed by law.

2-17 2. The Legislature shall provide by law for the arrangement of the

2-18 terms of the District Judges so that an equal number of terms, as nearly

2-19 as may be, expire every 2 years.

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