Senate Bill No. 314–Committee on Judiciary

March 4, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Revises and clarifies certain provisions governing municipal judges. (BDR 1-1664)

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 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:

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

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

1-3 266.405, each municipal judge must be chosen by the electors of the city

1-4 within which the municipal court is established on a day to be fixed by the

1-5 governing body of that city. [He shall hold his office for 1 year, unless a

1-6 longer period is] The term of office of a municipal judge is the period

1-7 fixed by [the] :

1-8 (a) An ordinance adopted by the city if the city is organized under

1-9 general law; or

1-10 (b) The charter of the city [, in which case he shall hold his office for

1-11 that longer period.] if the city is organized under a special charter.

1-12 Before entering upon his duties, a municipal judge shall take the

1-13 constitutional oath of office.

1-14 2. A municipal judge must:

1-15 (a) Be a citizen of this state;

1-16 (b) Except as otherwise provided in the charter of a city organized under

1-17 a special charter, have been a bona fide resident of the city for not less than

1-18 1 year next preceding his election;

1-19 (c) Be a qualified elector in the city; and

2-1 (d) Not have ever been removed or retired from any judicial office by

2-2 the commission on judicial discipline.

2-3 [2.] 3. The governing body of a city, with the consent of the board of

2-4 county commissioners and the justice of the peace, may provide that a

2-5 justice of the peace of the township in which the city is located is ex officio

2-6 the municipal judge of the city.

2-7 [3.] 4. For the purposes of this section, a person shall not be ineligible

2-8 to be a candidate for the office of municipal judge if a decision to remove

2-9 or retire him from a judicial office is pending appeal before the supreme

2-10 court or has been overturned by the supreme court.

2-11 Sec. 2. This act becomes effective at 12:01 a.m. on October 1, 1999.

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