Assembly Bill No. 180–Committee on Government Affairs

 

CHAPTER..........

 

AN ACT relating to judges; amending the charter of the City of Henderson to make various changes concerning municipal judges; 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. Section 4.015 of the charter of the City of Henderson,

being chapter 231, Statutes of Nevada 1991, as amended by chapter 596,

Statutes of Nevada 1995, at page 2213, is hereby amended to read as

follows:

   Sec. 4.015  Municipal court.

   1.  There is a municipal court of the city which consists of at least

one department. Each department must be presided over by a

municipal judge and has such power and jurisdiction as is prescribed

in, and is, in all respects which are not inconsistent with this charter,

governed by , the provisions of chapters 5 and 266 of NRS which

relate to municipal courts.

   2.  The city council may from time to time establish additional

departments of the municipal court and shall appoint an additional

municipal judge for each.

   3.  At the first municipal primary or general election which

follows the appointment of an additional municipal judge to a newly

created department of the municipal court, the successor to that

municipal judge must be elected for a term of [2 or 4] not more than

5 years, as determined by the city council, in order that, as nearly as

practicable, [one‑half] one-third of the number of municipal judges be

elected every 2 years.

   4.  Each municipal judge must be voted upon by the registered

voters of the city at large.

   5.  The respective departments of the municipal court must be

numbered 1 through the appropriate Arabic number, as additional

departments are approved by the city council. A municipal judge must

be elected for each department by number.

   6.  The senior municipal judge is selected by a majority of the

sitting judges for a term of 2 years. If no municipal judge receives a

majority of the votes, the senior municipal judge is the municipal

judge who has continuously served as a municipal judge for the

longest period.

   Sec. 2.  Section 4.020 of the charter of the City of Henderson, being

chapter 266, Statutes of Nevada 1971, as last amended by chapter 23,

Statutes of Nevada 1993, at page 46, is hereby amended to read as follows:

   Sec. 4.020  Municipal court: Residency requirement of municipal

judge; salary.

   1.  Each municipal judge must have been a resident of the territory

which is established by the boundaries of the city for the 12 months

immediately preceding the last day for filing a declaration of

candidacy for the office.

   2.  The salary of each municipal judge must be fixed by the city

council and be uniform for all departments of the municipal court.

The salary may be increased during the terms for which the judges

are elected or appointed.

   3.  Each municipal judge shall devote his full time to the duties

of his office and must be a duly licensed member, in good standing,

of the State Bar of Nevada, except that the requirement to be a duly

licensed member, in good standing, of the State Bar of Nevada does

not apply to any municipal judge who is an incumbent when this

section becomes effective as long as he continues to serve as such in

uninterrupted terms.

   Sec. 3.  Section 5.020 of the charter of the City of Henderson, being

chapter 266, Statutes of Nevada 1971, as amended by chapter 67, Statutes

of Nevada 1987, at page 133, is hereby amended to read as follows:

   Sec. 5.020  General municipal election.

   1.  A general election must be held in the city on the first Tuesday

after the first Monday in June of each odd-numbered year and on the

same day every 2 years thereafter, at which time the registered voters

of the city shall elect city officers to fill the available elective

positions.

   2.  All candidates for the office of mayor, councilman and

municipal judge must be voted upon by the registered voters of the

city at large. The term of office for members of the city council[,

including the mayor, and the judges of the municipal court] and the

mayor is 4 years. Except as otherwise provided in subsection 3 of

section 4.015 of this charter, the term of office for a municipal judge

is 6 years.

   3.  On the Tuesday after the first Monday in June 2001 and

every 6 years thereafter, there must be elected by the qualified voters

of the city, at a general municipal election to be held for that

purpose, a municipal judge for department 1 who will hold office

until his successor has been elected and qualified.

   4.  On the Tuesday after the first Monday in June 2003 and

every 6 years thereafter, there must be elected by the qualified voters

of the city, at a general municipal election to be held for that

purpose, a municipal judge for department 2 who will hold office

until his successor has been elected and qualified.

   5.  On the Tuesday after the first Monday in June 2005 and

every 6 years thereafter, there must be elected by the qualified voters

of the city, at a general municipal election to be held for that

purpose, a municipal judge for department 3 who will hold office

until his successor has been elected and qualified.

   Sec. 4.  This act becomes effective upon passage and approval.

 

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