Assembly Bill No. 23–Committee on Judiciary
Prefiled January 17, 2001
____________
Referred to Committee on Judiciary
SUMMARY—Makes various changes related to
determining number of justices of the peace within county. (BDR 1‑18)
FISCAL NOTE: Effect on Local Government: 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 justices’ courts; increasing the population of a township used to
determine the number of justices of the peace in certain larger counties;
providing that in certain smaller counties the board of county commissioners
may determine whether to increase the number of justices of the peace when the
population of a township provides for such an increase; 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 4.020 is
hereby amended to read as follows:
1-2 4.020 1. There must be one justice’s court in each of
the townships
1-3 of the state, for which
there must be elected by the qualified electors of the
1-4 township at least one
justice of the peace. Except as otherwise provided in
1-5 subsection 3, the number of
justices of the peace in a township must be
1-6 increased according to the
population of the township, as certified by the
1-7 governor in even-numbered
years pursuant to NRS 360.285, in accordance
1-8 with and not to exceed the
following schedule:
1-9 (a) In a county whose population is 400,000 or more, one justice of
the
1-10 peace for each [100,000]
125,000 population
of the township, or fraction
1-11 thereof.
1-12 (b) In a county whose population is 100,000 or more and less than
1-13 400,000, one justice of the
peace for each 50,000 population of the
1-14 township, or fraction
thereof.
1-15 (c) In a county whose population is less than 100,000, one justice
of the
1-16 peace for each 34,000
population of the township, or fraction thereof.
2-1 (d) If a township includes a city created by the consolidation of a
city
2-2 and county into one
municipal government, one justice of the peace for
2-3 each 30,000 population of
the township, or fraction thereof.
2-4 2. Except as otherwise provided
in subsection 3, if the schedule set
2-5 forth in subsection 1
provides for an increase in the number of justices of
2-6 the peace in a township, the
new justice or justices of the peace must be
2-7 elected at the next ensuing
biennial election.
2-8 3. If the schedule set
forth in subsection 1 provides for an increase in
2-9 the number of justices of
the peace in a township :
2-10 (a) In a county whose
population is 100,000 or more and, in the
2-11 opinion of a majority of the
justices of the peace in that township, the case
2-12 load does not warrant an
additional justice of the peace, the justices of the
2-13 peace shall notify the
director of the legislative counsel bureau and the
2-14 board of county
commissioners of their opinion .
2-15 (b) In a county whose
population is less than 100,000, the board of
2-16 county commissioners may determine not to increase the number of
2-17 justices of the peace in a township in accordance with the schedule
set
2-18 forth in subsection 1. If the board of county commissioners makes
such a
2-19 determination, the board shall notify the director of the
legislative
2-20 counsel bureau of its determination.
2-21 4. Notification to the director of the
legislative counsel bureau
2-22 pursuant to subsection 3 must be submitted on or before March 15 of the
2-23 even-numbered year in which
the population of the township provides for
2-24 such an increase. The
director of the legislative counsel bureau shall submit
2-25 the [opinion]
notification to the
next regular session of the legislature for
2-26 its consideration. If the
justices of the peace transmit such a notice to the
2-27 director of the legislative
counsel bureau and the board of county
2-28 commissioners, or if the board of county commissioners
transmits such a
2-29 notice to the director of the legislative counsel bureau, the number of
2-30 justices must not be
increased during that period unless the legislature, by
2-31 resolution, expressly
approves the increase.
2-32 [4.] 5. Justices of the peace shall
receive certificates of election from
2-33 the boards of county
commissioners of their respective counties.
2-34 [5.] 6. The clerk of the board of
county commissioners shall, within
2-35 10 days after the election
or appointment and qualification of any justice of
2-36 the peace, certify under
seal to the secretary of state the election or
2-37 appointment and
qualification of the justice of the peace. The certificate
2-38 must be filed in the office
of the secretary of state as evidence of the
2-39 official character of that
officer.
2-40 Sec. 2. This act becomes effective on July 1, 2001.
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