Assembly Bill No. 110–Committee on Judiciary

(On Behalf of Clark County)

February 12, 2001

____________

Referred to Committee on Judiciary

SUMMARY—Revises provisions governing summoning of jurors by justice’s court in certain counties. (BDR 6‑179)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State: 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 juries; revising the provisions governing the summoning of jurors by a justice’s court in certain counties; 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 66.020 is hereby amended to read as follows:

1-2 66.020 1. The court may, at any time before the trial, on motion,

1-3 change the place of trial in the following cases:

1-4 (a) When it appears to the satisfaction of the justice before whom the

1-5 action is pending, by affidavit of either party, that the justice is a material

1-6 witness for either party.

1-7 (b) When either party makes and files an affidavit that he believes that

1-8 he cannot have a fair and impartial trial before the justice by reason of the

1-9 interest, prejudice or bias of the justice.

1-10 (c) When a jury has been demanded, and either party makes and files an

1-11 affidavit that he cannot have a fair and impartial trial on account of the bias

1-12 or prejudice against him of the citizens of [the township against him.] :

1-13 (1) The city, precinct or township, if the jurors are to be summoned

1-14 pursuant to subsection 1 of NRS 67.010; or

1-15 (2) The county, if the jurors are to be summoned pursuant to

1-16 subsection 2 of NRS 67.010.

1-17 (d) When from any cause the justice is disqualified from acting.

1-18 (e) When the justice is sick or unable to act.

2-1 2. In lieu of changing the place of trial, the justice before whom the

2-2 action is pending may for any of the cases mentioned in subsection 1 call

2-3 another justice of the county to conduct the trial.

2-4 Sec. 2. NRS 67.010 is hereby amended to read as follows:

2-5 67.010 1. The jury [shall] must be summoned upon an order of the

2-6 justice from , except as otherwise provided in subsection 2, the citizens of

2-7 the city, precinct or township, and not from the bystanders.

2-8 2. In a county in which a person has been designated as jury

2-9 commissioner pursuant to subsection 1 of NRS 6.045, the justice may

2-10 request that the jury commissioner select and assign to the court, from

2-11 the citizens of the county, and not from the bystanders, the number of

2-12 qualified jurors which the justice determines is necessary for the

2-13 formation of a jury.

2-14 Sec. 3. NRS 67.020 is hereby amended to read as follows:

2-15 67.020 1. At the time appointed for the trial , the justice shall

2-16 proceed to call from the jurors summoned the names of the persons to

2-17 constitute the jury for the trial of the issue. If a sufficient number of

2-18 competent and indifferent jurors do not attend, the justice shall direct

2-19 [others to] that additional jurors sufficient to complete the jury be

2-20 summoned . [from the vicinity, and not from the bystanders, sufficient to

2-21 complete the jury.]

2-22 2. The jury, by consent of the parties, may consist of any number not

2-23 more than eight nor less than four.

2-24 Sec. 4. NRS 6.045 is hereby amended to read as follows:

2-25 6.045 1. The district court may by rule of court designate the clerk of

2-26 the court, one of his deputies or another person as a jury commissioner, and

2-27 may assign to the jury commissioner such administrative duties in

2-28 connection with trial juries and jurors as the court finds desirable for

2-29 efficient administration.

2-30 2. [If a jury commissioner is so selected, he shall from time to time

2-31 estimate] A person who is designated as jury commissioner pursuant to

2-32 subsection 1 shall:

2-33 (a) Estimate the number of trial jurors which will be required for

2-34 attendance on the district court and [shall] select that number from the

2-35 qualified electors of the county not exempt by law from jury duty, whether

2-36 registered as voters or not.

2-37 (b) Upon the request of a justice of the peace pursuant to subsection 2

2-38 of NRS 67.010, select and assign to the justice’s court the requested

2-39 number of jurors from the qualified electors of the county not exempt by

2-40 law from jury duty, whether or not registered as voters.

2-41 3. The jurors selected by the jury commissioner pursuant to this

2-42 section may be selected by computer [whenever] if procedures to assure

2-43 random selection from computerized lists are established by the jury

2-44 commissioner. [He] The jury commissioner shall keep a record of the

2-45 name, occupation and address of each person selected.

2-46 Sec. 5. This act becomes effective on July 1, 2001.

2-47 H