Senate Joint Resolution No. 14–Committee on Judiciary

April 23, 1997

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Referred to Committee on Judiciary

EXPLANATION – Matter in italics is new; matter in brackets [ ] is material to be omitted.

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

Jointly, That a new section be added to article 6 and sections 1, 4, 7, 8,
11, 15, 20 and 21 of article 6 of the constitution of the State of Nevada be

amended to read respectively as follows:

Sec. 3A. 1. The court of appeals consists of three judges or such

Section 1. The Judicial power of this State [shall be] is vested in a court

system, comprising a Supreme Court, a Court of Appeals, District Courts [,]

and Justices of the Peace. The Legislature may also establish, as part of the

system, Courts for municipal purposes only in incorporated cities and towns.

Sec. 4. 1. The supreme court [shall] and the court of appeals have

appellate jurisdiction in all civil cases arising in district courts, and also on

questions of law alone in all criminal cases in which the offense charged is

within the original jurisdiction of the district courts. The legislature shall fix

appropriate, of appeals decided by the court of appeals. The supreme court

[shall] and the court of appeals also have power to issue writs of mandamus,

certiorari, prohibition, quo warranto [,] and habeas corpus and also all writs

necessary or proper to the complete exercise of [its appellate] their

jurisdiction. Each [of the justices shall have power to] justice of the supreme

court and judge of the court of appeals may issue writs of habeas corpus to

any part of the state, upon petition by, or on behalf of, any person held in

actual custody [,] in this state and may make such writs returnable [, before

himself] before the issuing justice or judge or the [supreme court,] court of

which the justice or judge is a member, or before any district court in the
state or [before] any judge of [said courts.] a district court.

2. In case of the disability or disqualification, for any cause, of [the
chief justice or one of the associate justices] a justice of the supreme court ,
[, or any two of them,] the governor [is authorized and empowered to

designate any] may designate a judge of the court of appeals or a district

judge [or judges] to sit in the place [or places of such] of the disqualified or

disabled justice . [or justices, and said judge or judges so designated shall

receive their] The judge designated by the governor is entitled to receive his

actual expense of travel and otherwise while sitting in the supreme court.

Sec. 7. The times of holding the Supreme Court , the Court of Appeals

and District Courts [shall] must be as fixed by law. The terms of the

Supreme Court [shall] must be held at the seat of Government unless the

Legislature otherwise provides by law, except that the Supreme Court may

hear oral argument at other places in the state. The terms of the Court of

Appeals must be held at the place provided by law. The terms of the District

Courts [shall] must be held at the County seats of their respective counties;

Provided, that in case any county [shall be] is hereafter divided into two or

more districts, the Legislature may by law [,] designate the places of holding

Courts in such Districts.

Sec. 8. 1. The Legislature shall determine the number of Justices of
the Peace to be elected in each city and township of the State [,] and shall
fix by law their qualifications, their terms of office and the limits of their
civil and criminal jurisdiction, according to the amount in controversy, the

nature of the case, the penalty provided [,] or any combination of these.

2. The provisions of this section affecting the number, qualifications,

terms of office and jurisdiction of Justices of the Peace become effective on

the first Monday of January, 1979.

3. The Legislature shall also prescribe by law the manner, and
determine the cases in which appeals may be taken from Justices and other

courts. The Supreme Court, the Court of Appeals, the District Courts [,] and

such other Courts [,] as the Legislature shall designate [, shall be] are
Courts of Record.

Sec. 11. The justices of the supreme court , the judges of the court of

appeals and the district judges [shall be] are ineligible to any office, other

than a judicial office, during the term for which they [shall] have been
elected or appointed; and all elections or appointments of any such judges by

the people, legislature [,] or otherwise [,] during said period [,] to any office

other than judicial [, shall be] are void.

[Sec:] Sec. 15. The Justices of the Supreme Court , the Judges of the

Court of Appeals and the District Judges [shall] are each entitled to receive

for their services a compensation to be fixed by law and paid in the manner

provided by law, which [shall] must not be [increased or] diminished during

the term for which they [shall] have been elected, unless a Vacancy occurs,
in which case the successor of the former incumbent [shall] is entitled to

receive only such salary as may be provided by law at the time of his
election or appointment; and provision [shall] must be made by law for
setting apart from each year’s revenue a sufficient amount of Money, to pay

such compensation.

Sec. 20. 1. When a vacancy occurs before the expiration of any term
of office in the supreme court , the court of appeals or among the district

judges, the governor shall appoint a justice or judge from among three

nominees selected for such individual vacancy by the commission on judicial

selection.

2. The term of office of any justice or judge so appointed expires on the

first Monday of January following the next general election.

3. Each nomination for the supreme court [shall] or the court of appeals

must be made by the permanent commission, composed of:

(a) The chief justice or an associate justice designated by him;

(b) Three members of the State Bar of Nevada, a public corporation

created by statute, appointed by its board of governors; and

(c) Three persons, not members of the legal profession, appointed by the

governor.

4. Each nomination for the district court [shall] must be made by a

temporary commission composed of:

(a) The permanent commission;

(b) A member of the State Bar of Nevada resident in the judicial district
in which the vacancy occurs, appointed by the board of governors of the
State Bar of Nevada; and

(c) A resident of such judicial district, not a member of the legal

profession, appointed by the governor.

5. If at any time the State Bar of Nevada ceases to exist as a public

corporation or ceases to include all attorneys admitted to practice before the

courts of this state, the legislature shall provide by law, or if it fails to do so

the supreme court shall provide by rule, for the appointment of attorneys at

law to the positions designated in this section to be occupied by members of

the State Bar of Nevada.

6. The term of office of each appointive member of the permanent

commission, except the first members, is 4 years. Each appointing authority

shall appoint one of the members first appointed for a term of 2 years. If a

vacancy occurs, the appointing authority shall fill the vacancy for the

unexpired term. The additional members of a temporary commission [shall]

must be appointed when a vacancy occurs, and their terms [shall] expire
when the nominations for such vacancy have been transmitted to the
governor.

7. An appointing authority shall not appoint to the permanent
commission more than:

(a) One resident of any county.

(b) Two members of the same political party.

No member of the permanent commission may be a member of a
commission on judicial discipline.

8. After the expiration of 30 days from the date on which the
commission on judicial selection has delivered to him its list of nominees for

any vacancy, if the governor has not made the appointment required by this

section, he shall make no other appointment to any public office until he has

appointed a justice or judge from the list submitted.

[If a commission on judicial selection is established by another section of
this constitution to nominate persons to fill vacancies on the supreme court,

such commission shall serve as the permanent commission established by

subsection 3 of this section.]

Sec. 21. 1. A justice of the supreme court, a judge of the court of

appeals, a district judge, a justice of the peace or a municipal judge may, in

addition to the provision of article 7 for impeachment, be censured, retired,

removed or otherwise disciplined by the commission on judicial discipline.
A justice or judge may appeal from the action of the commission to the

supreme court, which may reverse such action or take any alternative action

provided in this subsection.

2. The commission is composed of:

(a) Two justices or judges appointed by the supreme court;

(b) Two members of the State Bar of Nevada, a public corporation
created by statute, appointed by its board of governors; and

(c) Three persons, not members of the legal profession, appointed by the

governor.

The commission shall elect a chairman from among its three lay members.

3. If at any time the State Bar of Nevada ceases to exist as a public

corporation or ceases to include all attorneys admitted to practice before the

courts of this state, the legislature shall provide by law, or , if it fails to do
so , the supreme court shall provide by rule, for the appointment of
attorneys at law to the positions designated in this section to be occupied by

members of the State Bar of Nevada.

4. The term of office of each appointive member of the commission,

except the first members, is 4 years. Each appointing authority shall appoint

one of the members first appointed for a term of 2 years. If a vacancy
occurs, the appointing authority shall fill the vacancy for the unexpired term.

An appointing authority shall not appoint more than one resident of any

county. The governor shall not appoint more than two members of the same

political party. No member may be a member of a commission on judicial

selection.

5. The supreme court shall make appropriate rules for:

(a) The confidentiality of all proceedings before the commission, except a

decision to censure, retire or remove a justice or judge.

(b) The grounds of censure and other forms of discipline which may be

imposed by the commission.

(c) The conduct of investigations and hearings.

6. No justice or judge may by virtue of this section be:

(a) Removed except for willful misconduct, willful or persistent failure to

perform the duties of his office or habitual intemperance; or

(b) Retired except for advanced age which interferes with the proper

performance of his judicial duties, or for mental or physical disability which

prevents the proper performance of his judicial duties and which is likely to
be permanent in nature.

7. Any person may bring to the attention of the commission any matter

relating to the fitness of a justice or judge. The commission shall, after

preliminary investigation, dismiss the matter or order a hearing to be held

before it. If a hearing is ordered, a statement of the matter [shall] must be

served upon the justice or judge against whom the proceeding is brought.
The commission in its discretion may suspend a justice or judge from the

exercise of his office pending the determination of the proceedings before
the commission. Any justice or judge whose removal is sought is liable to

indictment and punishment according to law. A justice or judge retired for

disability in accordance with this section is entitled thereafter to receive such

compensation as the legislature may provide.

8. If a proceeding is brought against a justice of the supreme court, no

justice of the supreme court may sit on the commission for that proceeding.
If a proceeding is brought against a judge of the court of appeals, no judge
of the court of appeals may sit on the commission for that proceeding. If a

proceeding is brought against a district judge, no district judge from the
same judicial district may sit on the commission for that proceeding. If a

proceeding is brought against a justice of the peace, no justice of the peace

from the same township may sit on the commission for that proceeding. If a

proceeding is brought against a municipal judge, no municipal judge from
the same city may sit on the commission for that proceeding. If an appeal is

taken from an action of the commission to the supreme court, any justice
who sat on the commission for that proceeding is disqualified from

participating in the consideration or decision of the appeal. When any
member of the commission is disqualified by this subsection, the supreme

court shall appoint a substitute from among the eligible judges.

9. The commission may:

(a) Designate for each hearing an attorney or attorneys at law to act as

counsel to conduct the proceeding;

(b) Summon witnesses to appear and testify under oath and compel the

production of books, papers, documents and records;

(c) Grant immunity from prosecution or punishment when the
commission deems it necessary and proper in order to compel the giving of

testimony under oath and the production of books, papers, documents and

records; and

(d) Exercise such further powers as the legislature may from time to time

confer upon it.

And be it further

Resolved, That section 3 of article 7 of the constitution of the State of

Nevada be amended to read as follows:

[Sec:] Sec. 3. For any reasonable cause to be entered on the journals of

each House [,] which may [,] or may not be sufficient grounds for

impeachment, the [Chief Justice and Associate] Justices of the Supreme
Court , the Judges of the Court of Appeals and the Judges of the District

Courts [shall] must be removed from Office on the vote of two thirds of the

Members elected to each branch of the Legislature, and the Justice or Judge

complained of [, shall] must be served with a copy of the complaint against

him [, and shall] and have an opportunity of being heard in person or by

counsel in his defense ; [,] Provided, that no member of either branch of the

Legislature [shall be] is eligible to fill the vacancy occasioned by such

removal.

And be it further

Resolved, That section 8 of article 15 of the constitution of the State of

Nevada be amended to read as follows:

[Sec:] Sec. 8. The Legislature shall provide for the speedy publication
of all Statute laws of a general nature, and such decisions of the Supreme

Court [,] and the Court of Appeals, as it may deem expedient; and all laws
and judicial decisions [shall] must be free for publication by any person;

Provided, that no judgment of the Supreme Court or the Court of Appeals

shall take effect and be operative until the Opinion of the Court in such case

[shall be] is filed with the Clerk of said Court.

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