(REPRINTED WITH ADOPTED AMENDMENTS)

 

Assembly Bill No. 180–Committee on Government Affairs

 

(On Behalf of City of Henderson)

 

February 19, 2001

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Amends charter of City of Henderson to make various changes concerning municipal judges. (BDR S‑489)

 

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.

 

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:

 

1-1    Section 1. Section 4.015 of the charter of the City of Henderson,

1-2  being chapter 231, Statutes of Nevada 1991, as amended by chapter 596,

1-3  Statutes of Nevada 1995, at page 2213, is hereby amended to read as

1-4  follows:

1-5  Sec. 4.015  Municipal court.

1-6  1.  There is a municipal court of the city which consists of at least

1-7  one department. Each department must be presided over by a

1-8  municipal judge and has such power and jurisdiction as is prescribed

1-9  in, and is, in all respects which are not inconsistent with this charter,

1-10  governed by , the provisions of chapters 5 and 266 of NRS which

1-11  relate to municipal courts.

1-12  2.  The city council may from time to time establish additional

1-13  departments of the municipal court and shall appoint an additional

1-14  municipal judge for each.

1-15  3.  At the first municipal primary or general election which

1-16  follows the appointment of an additional municipal judge to a newly

1-17  created department of the municipal court, the successor to that

1-18  municipal judge must be elected for a term of [2 or 4] not more than

1-19  5 years, as determined by the city council, in order that, as nearly as

2-1  practicable, [one‑half] one-third of the number of municipal judges be

2-2  elected every 2 years.

2-3  4.  Each municipal judge must be voted upon by the registered

2-4  voters of the city at large.

2-5  5.  The respective departments of the municipal court must be

2-6  numbered 1 through the appropriate Arabic number, as additional

2-7  departments are approved by the city council. A municipal judge must

2-8  be elected for each department by number.

2-9  6.  The senior municipal judge is selected by a majority of the

2-10  sitting judges for a term of 2 years. If no municipal judge receives a

2-11  majority of the votes, the senior municipal judge is the municipal

2-12  judge who has continuously served as a municipal judge for the

2-13  longest period.

2-14    Sec. 2.  Section 4.020 of the charter of the City of Henderson, being

2-15  chapter 266, Statutes of Nevada 1971, as last amended by chapter 23,

2-16  Statutes of Nevada 1993, at page 46, is hereby amended to read as follows:

2-17  Sec. 4.020  Municipal court: Residency requirement of municipal

2-18  judge; salary.

2-19  1.  Each municipal judge must have been a resident of the territory

2-20  which is established by the boundaries of the city for the 12 months

2-21  immediately preceding the last day for filing a declaration of

2-22  candidacy for the office.

2-23  2.  The salary of each municipal judge must be fixed by the city

2-24  council and be uniform for all departments of the municipal court.

2-25  The salary may be increased during the terms for which the judges

2-26  are elected or appointed.

2-27  3.  Each municipal judge shall devote his full time to the duties

2-28  of his office and must be a duly licensed member, in good standing,

2-29  of the State Bar of Nevada, except that this qualification does not

2-30  apply to any municipal judge who is an incumbent when this section

2-31  becomes effective as long as he continues to serve as such in

2-32  uninterrupted terms.

2-33    Sec. 3.  Section 5.020 of the charter of the City of Henderson, being

2-34  chapter 266, Statutes of Nevada 1971, as amended by chapter 67, Statutes

2-35  of Nevada 1987, at page 133, is hereby amended to read as follows:

2-36  Sec. 5.020  General municipal election.

2-37  1.  A general election must be held in the city on the first Tuesday

2-38  after the first Monday in June of each odd-numbered year and on the

2-39  same day every 2 years thereafter, at which time the registered voters

2-40  of the city shall elect city officers to fill the available elective

2-41  positions.

2-42  2.  All candidates for the office of mayor, councilman and

2-43  municipal judge must be voted upon by the registered voters of the

2-44  city at large. The term of office for members of the city council[,

2-45  including the mayor, and the judges of the municipal court] and the

2-46  mayor is 4 years. Except as otherwise provided in subsection 3 of

2-47  section 4.015 of this charter, the term of office for a municipal judge

2-48  is 6 years.

3-1  3.  On the Tuesday after the first Monday in June 2001 and

3-2  every 6 years thereafter, there must be elected by the qualified voters

3-3  of the city, at a general municipal election to be held for that

3-4  purpose, a municipal judge for department 1 who will hold office

3-5  until his successor has been elected and qualified.

3-6  4.  On the Tuesday after the first Monday in June 2003 and

3-7  every 6 years thereafter, there must be elected by the qualified voters

3-8  of the city, at a general municipal election to be held for that

3-9  purpose, a municipal judge for department 2 who will hold office

3-10  until his successor has been elected and qualified.

3-11  5.  On the Tuesday after the first Monday in June 2005 and

3-12  every 6 years thereafter, there must be elected by the qualified voters

3-13  of the city, at a general municipal election to be held for that

3-14  purpose, a municipal judge for department 3 who will hold office

3-15  until his successor has been elected and qualified.

3-16    Sec. 4.  This act becomes effective upon passage and approval.

 

3-17  H