1. Senate Bill No. 314–Committee on Judiciary

CHAPTER........

AN ACT relating to municipal courts; authorizing certain cities to establish the terms of

office of municipal judges by ordinance; clarifying that municipal judges may be

appointed in certain cities; and providing other matters properly relating thereto.

 

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 5.020 is hereby amended to read as follows:

5.020 1. Except as otherwise provided in subsection [2,] 3 and NRS

266.405, each municipal judge must be chosen by the electors of the city

within which the municipal court is established on a day to be fixed by the

governing body of that city. [He shall hold his office for 1 year, unless a

longer period is] The term of office of a municipal judge is the period

fixed by [the] :

(a) An ordinance adopted by the city if the city is organized under

general law; or

(b) The charter of the city [, in which case he shall hold his office for

that longer period.] if the city is organized under a special charter.

Before entering upon his duties, a municipal judge shall take the

constitutional oath of office.

  1. 2. A municipal judge must:
  1. (a) Be a citizen of this state;
  1. (b) Except as otherwise provided in the charter of a city organized under
  1. a special charter, have been a bona fide resident of the city for not less than
  1. 1 year next preceding his election;
  1. (c) Be a qualified elector in the city; and
  1. (d) Not have ever been removed or retired from any judicial office by
  1. the commission on judicial discipline.
  1. [2.] 3. The governing body of a city, with the consent of the board of
  1. county commissioners and the justice of the peace, may provide that a
  1. justice of the peace of the township in which the city is located is ex officio
  1. the municipal judge of the city.
  1. [3.] 4. For the purposes of this section, a person shall not be ineligible
  1. to be a candidate for the office of municipal judge if a decision to remove
  1. or retire him from a judicial office is pending appeal before the supreme
  1. court or has been overturned by the supreme court.
  1. Sec. 2. This act becomes effective at 12:01 a.m. on October 1, 1999.
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