Assembly Joint Resolution No. 12–Committee
on Constitutional Amendments

 

(On Behalf of Administrative Office of the Courts)

 

March 26, 2001

____________

 

Referred to Committee on Constitutional Amendments

 

SUMMARY—Proposes to amend Nevada Constitution to establish intermediate appellate court and revise term of person appointed to fill vacancy in office for supreme court justice, court of appeals judge or district judge. (BDR C‑523)

 

FISCAL NOTE:            Effect on Local Government: No.

                     Effect on the State: Yes.

 

~

 

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

 

ASSEMBLY Joint RESOLUTION—Proposing to amend the Constitution of the State of Nevada to establish an intermediate appellate court and revise the term of a person appointed to fill a vacancy in an office for supreme court justice, court of appeals judge or district judge.

 

1-1    Resolved by the Assembly and Senate of the State of Nevada,

1-2  Jointly, That a new section be added to article 6 and sections 1, 4, 7, 8,

1-3  11, 15, 20 and 21 of article 6 of the Constitution of the State of Nevada be

1-4  amended to read respectively as follows:

1-5    Sec. 3A.  1.  The court of appeals must consist of three judges or

1-6  such greater number as the legislature may provide by law. If the number

1-7  of judges is so increased, the supreme court may provide by rule for the

1-8  assignment of each appeal to a panel of not less than three judges for

1-9  decision.

1-10    2.  After the initial terms, each judge of the court of appeals must be

1-11  elected by the qualified electors of this state at the general election for a

1-12  term of 6 years beginning on the first Monday of January next after the

1-13  election. The initial judges must be elected by the qualified electors of

1-14  this state at the first general election following the enactment of this

1-15  section. The initial terms of the judges must be staggered so that at least

1-16  one judge serves for an initial term of 2 years, at least one serves for an

1-17  initial term of 4 years and at least one serves for an initial term of 6

1-18  years. The initial judges shall meet as soon as practicable after their

1-19  election to determine by lot the term of office that each judge will fill. If

1-20  there is an increase in the number of judges, each additional judge must

2-1  be elected by the qualified electors of this state at the first general

2-2  election following the increase for a term beginning on the first Monday

2-3  of January next after the election. The legislature shall provide for an

2-4  initial term of 6 or fewer years for each additional judge so that one-third

2-5  of the total number of judges, as nearly as may be, is elected every 2

2-6  years. If the number of judges is increased by more than one, the

2-7  additional judges shall meet as soon as practicable after their election to

2-8  determine by lot the term of office that each judge will fill.

2-9    3.  The supreme court shall appoint one of the judges of the court of

2-10  appeals to be chief judge. The chief judge serves a term of 4 years and

2-11  may succeed himself. The chief judge may resign his position as chief

2-12  judge without resigning from the court of appeals.

2-13    4.  The supreme court may provide by rule for the assignment of one

2-14  or more judges of the court of appeals to devote a part of their time to

2-15  serve as supplemental district judges, where needed.

2-16    Section 1.  The Judicial power of this State [shall be] is vested in a

2-17  court system, comprising a Supreme Court, a Court of Appeals, District

2-18  Courts[,] and Justices of the Peace. The Legislature may also establish, as

2-19  part of the system, Courts for municipal purposes only in incorporated

2-20  cities and towns.

2-21    Sec. 4. 1. The supreme court [shall] and the court of appeals have

2-22  appellate jurisdiction in all civil cases arising in district courts, and also on

2-23  questions of law alone in all criminal cases in which the offense charged is

2-24  within the original jurisdiction of the district courts. The legislature shall

2-25  fix the jurisdiction of the court of appeals and, where appropriate,

2-26  provide for the review by the supreme court of appeals decided by the

2-27  court of appeals. The supreme court [shall] and court of appeals also have

2-28  power to issue writs of mandamus, certiorari, prohibition, quo warranto [,]

2-29  and habeas corpus and also all writs necessary or proper to the complete

2-30  exercise of [its appellate] their jurisdiction. Each [of the justices shall have

2-31  power to] justice of the supreme court and each judge of the court of

2-32  appeals may issue writs of habeas corpus to any part of the state, upon

2-33  petition by, or on behalf of, any person held in actual custody [,] in this

2-34  state and may make such writs returnable, before [himself] the issuing

2-35  justice or judge or the [supreme court,] court of which the justice or judge

2-36  is a member, or before any district court in the state or [before] any judge

2-37  of [said courts.] a district court.

2-38    2.  In case of the disability or disqualification, for any cause, of [the

2-39  chief justice or one of the associate justices] a justice of the supreme court,

2-40  [or any two of them,] the governor [is authorized and empowered to

2-41  designate any] may designate a district judge [or judges] or a judge of the

2-42  court of appeals to sit in the place [or places of such] of the disqualified or

2-43  disabled justice . [or justices, and said judge or judges so designated shall

2-44  receive their] The judge designated by the governor is entitled to receive

2-45  his actual expense of travel and otherwise while sitting in the supreme

2-46  court.

2-47    3.  In case of the disability or disqualification, for any cause, of a

2-48  judge of the court of appeals, the governor may designate a district judge

3-1  to sit in the place of the disabled or disqualified judge. The judge that the

3-2  governor designates is entitled to receive his actual expense of travel and

3-3  otherwise while sitting in the court of appeals.

3-4    4.  The supreme court may provide by rule for the assignment of one

3-5  or more justices of the supreme court to devote a part of their time to

3-6  serve as supplemental judges of the court of appeals or district judges,

3-7  where needed.

3-8    Sec. 7.  The times of holding the Supreme Court , the Court of

3-9  Appeals and the District Courts [shall] must be as fixed by law. The terms

3-10  of the Supreme Court [shall] must be held at the seat of Government unless

3-11  the Legislature otherwise provides by law, except that the Supreme Court

3-12  may hear oral argument at other places in the state. The terms of the Court

3-13  of Appeals must be held at the place provided by law. The terms of the

3-14  District Courts [shall] must be held at the County seats of their respective

3-15  counties unless the Legislature otherwise provides by law.

3-16    Sec. 8. 1. The Legislature shall determine the number of Justices of

3-17  the Peace to be elected in each city and township of the State[,] and shall

3-18  fix by law their qualifications, their terms of office and the limits of their

3-19  civil and criminal jurisdiction, according to the amount in controversy, the

3-20  nature of the case, the penalty provided [,] or any combination of these.

3-21    2.  The provisions of this section affecting the number, qualifications,

3-22  terms of office and jurisdiction of Justices of the Peace become effective

3-23  on the first Monday of January, 1979.

3-24    3.  The Legislature shall also prescribe by law the manner, and

3-25  determine the cases in which appeals may be taken from Justices and other

3-26  courts. The Supreme Court, the Court of Appeals, the District Courts[,]

3-27  and such other Courts[,] as the Legislature [shall designate, shall be]

3-28  designates are Courts of Record.

3-29    Sec. 11. The justices of the supreme court , the judges of the court of

3-30  appeals and the district judges [shall be] are ineligible to any office, other

3-31  than a judicial office, during the term for which they [shall] have been

3-32  elected or appointed[;] , and all elections or appointments of any such

3-33  judges by the people, legislature [,] or otherwise [,] during said period [,] to

3-34  any office other than judicial [, shall be] are void.

3-35    [Sec:] Sec. 15. The Justices of the Supreme Court , the Judges of the

3-36  Court of Appeals and District Judges [shall] are each entitled to receive for

3-37  their services a compensation to be fixed by law and paid in the manner

3-38  provided by law, which [shall] must not be increased or diminished during

3-39  the term for which they [shall] have been elected, unless a Vacancy occurs,

3-40  in which case the successor of the former incumbent [shall] is entitled to

3-41  receive only such salary as may be provided by law at the time of his

3-42  election or appointment; and provision [shall] must be made by law for

3-43  setting apart from each year’s revenue a sufficient amount of Money, to

3-44  pay such compensation.

3-45    Sec. 20.  1.  When a vacancy occurs before the expiration of any term

3-46  of office in the supreme court , the court of appeals or among the district

3-47  judges, the governor shall appoint a justice or judge from among three

3-48  nominees selected for such individual vacancy by the commission on

3-49  judicial selection.

4-1    [2.  The] Except as otherwise provided in subsection 2, the term of

4-2  office of any justice or judge so appointed expires on the first Monday of

4-3  January following the [next] first general election[.] that is held at least 12

4-4  calendar months after the date on which the appointment was made. At

4-5  that general election, a justice or judge must be elected to fill the

4-6  remainder of the term.

4-7    2.  If the date on which the appointment was made is within the 12

4-8  calendar months immediately preceding the expiration of the term of the

4-9  vacated office, the term of office of the justice or judge appointed

4-10  pursuant to subsection 1 is the remainder of the unexpired term of office.

4-11    3.  Each nomination for the supreme court [shall] or the court of

4-12  appeals must be made by the permanent commission, composed of:

4-13    (a) The chief justice or an associate justice designated by him;

4-14    (b) Three members of the State Bar of Nevada, a public corporation

4-15  created by statute, appointed by its board of governors; and

4-16    (c) Three persons, not members of the legal profession, appointed by

4-17  the governor.

4-18    4.  Each nomination for the district court [shall] must be made by a

4-19  temporary commission composed of:

4-20    (a) The permanent commission;

4-21    (b) A member of the State Bar of Nevada resident in the judicial district

4-22  in which the vacancy occurs, appointed by the board of governors of the

4-23  State Bar of Nevada; and

4-24    (c) A resident of such judicial district, not a member of the legal

4-25  profession, appointed by the governor.

4-26    5.  If at any time the State Bar of Nevada ceases to exist as a public

4-27  corporation or ceases to include all attorneys admitted to practice before

4-28  the courts of this state, the legislature shall provide by law, or , if it fails to

4-29  do so , the supreme court shall provide by rule, for the appointment of

4-30  attorneys at law to the positions designated in this section to be occupied

4-31  by members of the State Bar of Nevada.

4-32    6.  The term of office of each appointive member of the permanent

4-33  commission, except the first members, is 4 years. Each appointing

4-34  authority shall appoint one of the members first appointed for a term of 2

4-35  years. If a vacancy occurs, the appointing authority shall fill the vacancy

4-36  for the unexpired term. The additional members of a temporary

4-37  commission [shall] must be appointed when a vacancy occurs, and their

4-38  terms [shall] expire when the nominations for such vacancy have been

4-39  transmitted to the governor.

4-40    7.  An appointing authority shall not appoint to the permanent

4-41  commission more than:

4-42    (a) One resident of any county.

4-43    (b) Two members of the same political party.

4-44  No member of the permanent commission may be a member of a

4-45  commission on judicial discipline.

4-46    8.  After the expiration of 30 days from the date on which the

4-47  commission on judicial selection has delivered to him its list of nominees

4-48  for any vacancy, if the governor has not made the appointment required by

5-1  this section, he shall make no other appointment to any public office until

5-2  he has appointed a justice or judge from the list submitted.

5-3  [If a commission on judicial selection is established by another section of

5-4  this constitution to nominate persons to fill vacancies on the supreme court,

5-5  such commission shall serve as the permanent commission established by

5-6  subsection 3 of this section.]

5-7    Sec. 21.  1.  A justice of the supreme court, a judge of the court of

5-8  appeals, a district judge, a justice of the peace or a municipal judge may, in

5-9  addition to the provision of article 7 for impeachment, be censured, retired,

5-10  removed or otherwise disciplined by the commission on judicial discipline.

5-11  Pursuant to rules governing appeals adopted by the supreme court, a justice

5-12  or judge may appeal from the action of the commission to the supreme

5-13  court, which may reverse such action or take any alternative action

5-14  provided in this subsection.

5-15    2.  The commission is composed of:

5-16    (a) Two justices or judges appointed by the supreme court;

5-17    (b) Two members of the State Bar of Nevada, a public corporation

5-18  created by statute, appointed by its board of governors; and

5-19    (c) Three persons, not members of the legal profession, appointed by

5-20  the governor.

5-21  The commission shall elect a chairman from among its three lay members.

5-22    3.  If at any time the State Bar of Nevada ceases to exist as a public

5-23  corporation or ceases to include all attorneys admitted to practice before

5-24  the courts of this state, the legislature shall provide by law, or , if it fails to

5-25  do so , the supreme court shall provide by rule, for the appointment of

5-26  attorneys at law to the positions designated in this section to be occupied

5-27  by members of the State Bar of Nevada.

5-28    4.  The term of office of each appointive member of the commission,

5-29  except the first members, is 4 years. Each appointing authority shall

5-30  appoint one of the members first appointed for a term of 2 years. If a

5-31  vacancy occurs, the appointing authority shall fill the vacancy for the

5-32  unexpired term. An appointing authority shall not appoint more than one

5-33  resident of any county. The governor shall not appoint more than two

5-34  members of the same political party. No member may be a member of a

5-35  commission on judicial selection.

5-36    5.  The legislature shall establish:

5-37    (a) In addition to censure, retirement and removal, the other forms of

5-38  disciplinary action that the commission may impose;

5-39    (b) The grounds for censure and other disciplinary action that the

5-40  commission may impose, including, but not limited to, violations of the

5-41  provisions of the code of judicial conduct;

5-42    (c) The standards for the investigation of matters relating to the fitness

5-43  of a justice or judge; and

5-44    (d) The confidentiality or nonconfidentiality, as appropriate, of

5-45  proceedings before the commission, except that, in any event, a decision to

5-46  censure, retire or remove a justice or judge must be made public.

5-47    6.  The supreme court shall adopt a code of judicial conduct.

6-1    7.  The commission shall adopt rules of procedure for the conduct of its

6-2  hearings and any other procedural rules it deems necessary to carry out its

6-3  duties.

6-4    8.  No justice or judge may by virtue of this section be:

6-5    (a) Removed except for willful misconduct, willful or persistent failure

6-6  to perform the duties of his office or habitual intemperance; or

6-7    (b) Retired except for advanced age which interferes with the proper

6-8  performance of his judicial duties, or for mental or physical disability

6-9  which prevents the proper performance of his judicial duties and which is

6-10  likely to be permanent in nature.

6-11    9.  Any matter relating to the fitness of a justice or judge may be

6-12  brought to the attention of the commission by any person or on the motion

6-13  of the commission. The commission shall, after preliminary investigation,

6-14  dismiss the matter or order a hearing to be held before it. If a hearing is

6-15  ordered, a statement of the matter [shall] must be served upon the justice or

6-16  judge against whom the proceeding is brought. The commission in its

6-17  discretion may suspend a justice or judge from the exercise of his office

6-18  pending the determination of the proceedings before the commission. Any

6-19  justice or judge whose removal is sought is liable to indictment and

6-20  punishment according to law. A justice or judge retired for disability in

6-21  accordance with this section is entitled thereafter to receive such

6-22  compensation as the legislature may provide.

6-23    10.  If a proceeding is brought against a justice of the supreme court, no

6-24  justice of the supreme court may sit on the commission for that proceeding.

6-25  If a proceeding is brought against a judge of the court of appeals, no

6-26  judge of the court of appeals may sit on the commission for that

6-27  proceeding. If a proceeding is brought against a district judge, no district

6-28  judge from the same judicial district may sit on the commission for that

6-29  proceeding. If a proceeding is brought against a justice of the peace, no

6-30  justice of the peace from the same township may sit on the commission for

6-31  that proceeding. If a proceeding is brought against a municipal judge, no

6-32  municipal judge from the same city may sit on the commission for that

6-33  proceeding. If an appeal is taken from an action of the commission to the

6-34  supreme court, any justice who sat on the commission for that proceeding

6-35  is disqualified from participating in the consideration or decision of the

6-36  appeal. When any member of the commission is disqualified by this

6-37  subsection, the supreme court shall appoint a substitute from among the

6-38  eligible judges.

6-39    11.  The commission may:

6-40    (a) Designate for each hearing an attorney or attorneys at law to act as

6-41  counsel to conduct the proceeding;

6-42    (b) Summon witnesses to appear and testify under oath and compel the

6-43  production of books, papers, documents and records;

6-44    (c) Grant immunity from prosecution or punishment when the

6-45  commission deems it necessary and proper in order to compel the giving of

6-46  testimony under oath and the production of books, papers, documents and

6-47  records; and

6-48    (d) Exercise such further powers as the legislature may from time to

6-49  time confer upon it.

7-1  And be it further

7-2    Resolved, That section 3 of article 7 of the Constitution of the State of

7-3  Nevada be amended to read as follows:

7-4    [Sec:] Sec. 3. For any reasonable cause to be entered on the journals

7-5  of each House[,] which may[,] or may not be sufficient grounds for

7-6  impeachment, the [Chief Justice and Associate] Justices of the Supreme

7-7  Court , the Judges of the Court of Appeals and the Judges of the District

7-8  Courts [shall] must be removed from Office on the vote of two thirds of the

7-9  Members elected to each branch of the Legislature, and the Justice or

7-10  Judge complained of[, shall] must be served with a copy of the complaint

7-11  against him[, and shall] and have an opportunity of being heard in person

7-12  or by counsel in his defense ; [,] Provided, that no member of either branch

7-13  of the Legislature [shall be] is eligible to fill the vacancy occasioned by

7-14  such removal.

7-15  And be it further

7-16    Resolved, That section 8 of article 15 of the Constitution of the State

7-17  of Nevada be amended to read as follows:

7-18    [Sec:] Sec. 8. The Legislature shall provide for the speedy publication

7-19  of all Statute laws of a general nature, and such decisions of the Supreme

7-20  Court[,] and the Court of Appeals, as it may deem expedient; and all laws

7-21  and judicial decisions [shall] must be free for publication by any person;

7-22  Provided, that no judgment of the Supreme Court or the Court of Appeals

7-23  shall take effect and be operative until the Opinion of the Court in such

7-24  case [shall be] is filed with the Clerk of said Court.

 

7-25  H