Assembly Joint Resolution No. 12–Committee
on Constitutional Amendments
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.
Resolved by the Assembly and Senate of the State of Nevada,
Jointly, That a new section be added to article 6 and sections 1, 4, 7, 8,
11, 15, 20 and 21 of article 6 of the Constitution of the State of Nevada be
amended to read respectively as follows:
Sec. 3A. 1. The court of appeals must consist of three judges or
such greater number as the legislature may provide by law. If the
number of judges is so increased, the supreme court may provide by rule
for the assignment of each appeal to a panel of not less than three
judges for decision.
2. After the initial terms, each judge of the court of appeals must be
elected by the qualified electors of this state at the general election for a
term of 6 years beginning on the first Monday of January next after the
election. The initial judges must be elected by the qualified electors of
this state at the first general election following the enactment of this
section. The initial terms of the judges must be staggered so that at least
one judge serves for an initial term of 2 years, at least one serves for an
initial term of 4 years and at least one serves for an initial term of 6
years. The initial judges shall meet as soon as practicable after their
election to determine by lot the term of office that each judge will fill. If
there is an increase in the number of judges, each additional judge must
be elected by the qualified electors of this state at the first general
election following the increase for a term beginning on the first Monday
of January next after the election. The legislature shall provide for an
initial term of 6 or fewer years for each additional judge so that one
-third of the total number of judges, as nearly as may be, is elected every
2 years. If the number of judges is increased by more than one, the
additional judges shall meet as soon as practicable after their election to
determine by lot the term of office that each judge will fill.
3. The supreme court shall appoint one of the judges of the court of
appeals to be chief judge. The chief judge serves a term of 4 years and
may succeed himself. The chief judge may resign his position as chief
judge without resigning from the court of appeals.
4. The supreme court may provide by rule for the assignment of one
or more judges of the court of appeals to devote a part of their time to
serve as supplemental district judges, where needed.
Section 1. The Judicial power of this State [shall be] is vested in a
court system, comprising a Supreme Court, a Court of Appeals, District
Courts[,] and Justices of the Peace. The Legislature may also establish, as
part of the system, Courts for municipal purposes only in incorporated
cities and towns.
Sec. 4. 1. The supreme court [shall] and the court of appeals have
appellate jurisdiction in all civil cases arising in district courts, and also on
questions of law alone in all criminal cases in which the offense charged is
within the original jurisdiction of the district courts. The legislature shall
fix the jurisdiction of the court of appeals and, where appropriate,
provide for the review by the supreme court of appeals decided by the
court of appeals. The supreme court [shall] and court of appeals also
have power to issue writs of mandamus, certiorari, prohibition, quo
warranto [,] and habeas corpus and also all writs necessary or proper to
the complete exercise of [its appellate] their jurisdiction. Each [of the
justices shall have power to] justice of the supreme court and each judge
of the court of appeals may issue writs of habeas corpus to any part of the
state, upon petition by, or on behalf of, any person held in actual custody
[,] in this state and may make such writs returnable, before [himself] the
issuing justice or judge or the [supreme court,] court of which the justice
or judge is a member, or before any district court in the state or [before]
any judge of [said courts.] a district court.
2. In case of the disability or disqualification, for any cause, of [the
chief justice or one of the associate justices] a justice of the supreme
court, [or any two of them,] the governor [is authorized and empowered to
designate any] may designate a district judge [or judges] or a judge of the
court of appeals to sit in the place [or places of such] of the disqualified or
disabled justice . [or justices, and said judge or judges so designated shall
receive their] The judge designated by the governor is entitled to receive
his actual expense of travel and otherwise while sitting in the supreme
court.
3. In case of the disability or disqualification, for any cause, of a
judge of the court of appeals, the governor may designate a district judge
to sit in the place of the disabled or disqualified judge. The judge that
the governor designates is entitled to receive his actual expense of travel
and otherwise while sitting in the court of appeals.
4. The supreme court may provide by rule for the assignment of one
or more justices of the supreme court to devote a part of their time to
serve as supplemental judges of the court of appeals or district judges,
where needed.
Sec. 7. The times of holding the Supreme Court , the Court of
Appeals and the District Courts [shall] must be as fixed by law. The terms
of the Supreme Court [shall] must be held at the seat of Government
unless the Legislature otherwise provides by law, except that the Supreme
Court may hear oral argument at other places in the state. The terms of the
Court of Appeals must be held at the place provided by law. The terms of
the District Courts [shall] must be held at the County seats of their
respective counties unless the Legislature otherwise provides by law.
Sec. 8. 1. The Legislature shall determine the number of Justices of
the Peace to be elected in each city and township of the State[,] and shall
fix by law their qualifications, their terms of office and the limits of their
civil and criminal jurisdiction, according to the amount in controversy, the
nature of the case, the penalty provided [,] or any combination of these.
2. The provisions of this section affecting the number, qualifications,
terms of office and jurisdiction of Justices of the Peace become effective
on the first Monday of January, 1979.
3. The Legislature shall also prescribe by law the manner, and
determine the cases in which appeals may be taken from Justices and other
courts. The Supreme Court, the Court of Appeals, the District Courts[,]
and such other Courts[,] as the Legislature [shall designate, shall be]
designates are Courts of Record.
Sec. 11. The justices of the supreme court , the judges of the court of
appeals and the district judges [shall be] are ineligible to any office, other
than a judicial office, during the term for which they [shall] have been
elected or appointed[;] , and all elections or appointments of any such
judges by the people, legislature [,] or otherwise [,] during said period [,]
to any office other than judicial [, shall be] are void.
[Sec:] Sec. 15. The Justices of the Supreme Court , the Judges of the
Court of Appeals and District Judges [shall] are each entitled to receive
for their services a compensation to be fixed by law and paid in the
manner provided by law, which [shall] must not be increased or
diminished during the term for which they [shall] have been elected,
unless a Vacancy occurs, in which case the successor of the former
incumbent [shall] is entitled to receive only such salary as may be
provided by law at the time of his election or appointment; and provision
[shall] must be made by law for setting apart from each year’s revenue a
sufficient amount of Money, to pay such compensation.
Sec. 20. 1. When a vacancy occurs before the expiration of any term
of office in the supreme court , the court of appeals or among the district
judges, the governor shall appoint a justice or judge from among three
nominees selected for such individual vacancy by the commission on
judicial selection.
[2. The] Except as otherwise provided in subsection 2, the term of
office of any justice or judge so appointed expires on the first Monday of
January following the [next] first general election[.] that is held at least
12 calendar months after the date on which the appointment was made.
At that general election, a justice or judge must be elected to fill the
remainder of the term.
2. If the date on which the appointment was made is within the 12
calendar months immediately preceding the expiration of the term of the
vacated office, the term of office of the justice or judge appointed
pursuant to subsection 1 is the remainder of the unexpired term of
office.
3. Each nomination for the supreme court [shall] or the court of
appeals must be made by the permanent commission, composed of:
(a) The chief justice or an associate justice designated by him;
(b) Three members of the State Bar of Nevada, a public corporation
created by statute, appointed by its board of governors; and
(c) Three persons, not members of the legal profession, appointed by
the governor.
4. Each nomination for the district court [shall] must be made by a
temporary commission composed of:
(a) The permanent commission;
(b) A member of the State Bar of Nevada resident in the judicial district
in which the vacancy occurs, appointed by the board of governors of the
State Bar of Nevada; and
(c) A resident of such judicial district, not a member of the legal
profession, appointed by the governor.
5. If at any time the State Bar of Nevada ceases to exist as a public
corporation or ceases to include all attorneys admitted to practice before
the courts of this state, the legislature shall provide by law, or , if it fails to
do so , the supreme court shall provide by rule, for the appointment of
attorneys at law to the positions designated in this section to be occupied
by members of the State Bar of Nevada.
6. The term of office of each appointive member of the permanent
commission, except the first members, is 4 years. Each appointing
authority shall appoint one of the members first appointed for a term of 2
years. If a vacancy occurs, the appointing authority shall fill the vacancy
for the unexpired term. The additional members of a temporary
commission [shall] must be appointed when a vacancy occurs, and their
terms [shall] expire when the nominations for such vacancy have been
transmitted to the governor.
7. An appointing authority shall not appoint to the permanent
commission more than:
(a) One resident of any county.
(b) Two members of the same political party.
No member of the permanent commission may be a member of a
commission on judicial discipline.
8. After the expiration of 30 days from the date on which the
commission on judicial selection has delivered to him its list of nominees
for any vacancy, if the governor has not made the appointment required by
this section, he shall make no other appointment to any public office until
he has appointed a justice or judge from the list submitted.
[If a commission on judicial selection is established by another section of
this constitution to nominate persons to fill vacancies on the supreme
court, such commission shall serve as the permanent commission
established by subsection 3 of this section.]
Sec. 21. 1. A justice of the supreme court, a judge of the court of
appeals, a district judge, a justice of the peace or a municipal judge may,
in addition to the provision of article 7 for impeachment, be censured,
retired, removed or otherwise disciplined by the commission on judicial
discipline. Pursuant to rules governing appeals adopted by the supreme
court, a justice or judge may appeal from the action of the commission to
the supreme court, which may reverse such action or take any alternative
action provided in this subsection.
2. The commission is composed of:
(a) Two justices or judges appointed by the supreme court;
(b) Two members of the State Bar of Nevada, a public corporation
created by statute, appointed by its board of governors; and
(c) Three persons, not members of the legal profession, appointed by
the governor.
The commission shall elect a chairman from among its three lay members.
3. If at any time the State Bar of Nevada ceases to exist as a public
corporation or ceases to include all attorneys admitted to practice before
the courts of this state, the legislature shall provide by law, or , if it fails to
do so , the supreme court shall provide by rule, for the appointment of
attorneys at law to the positions designated in this section to be occupied
by members of the State Bar of Nevada.
4. The term of office of each appointive member of the commission,
except the first members, is 4 years. Each appointing authority shall
appoint one of the members first appointed for a term of 2 years. If a
vacancy occurs, the appointing authority shall fill the vacancy for the
unexpired term. An appointing authority shall not appoint more than one
resident of any county. The governor shall not appoint more than two
members of the same political party. No member may be a member of a
commission on judicial selection.
5. The legislature shall establish:
(a) In addition to censure, retirement and removal, the other forms of
disciplinary action that the commission may impose;
(b) The grounds for censure and other disciplinary action that the
commission may impose, including, but not limited to, violations of the
provisions of the code of judicial conduct;
(c) The standards for the investigation of matters relating to the fitness
of a justice or judge; and
(d) The confidentiality or nonconfidentiality, as appropriate, of
proceedings before the commission, except that, in any event, a decision to
censure, retire or remove a justice or judge must be made public.
6. The supreme court shall adopt a code of judicial conduct.
7. The commission shall adopt rules of procedure for the conduct of its
hearings and any other procedural rules it deems necessary to carry out its
duties.
8. No justice or judge may by virtue of this section be:
(a) Removed except for willful misconduct, willful or persistent failure
to perform the duties of his office or habitual intemperance; or
(b) Retired except for advanced age which interferes with the proper
performance of his judicial duties, or for mental or physical disability
which prevents the proper performance of his judicial duties and which is
likely to be permanent in nature.
9. Any matter relating to the fitness of a justice or judge may be
brought to the attention of the commission by any person or on the motion
of the commission. The commission shall, after preliminary investigation,
dismiss the matter or order a hearing to be held before it. If a hearing is
ordered, a statement of the matter [shall] must be served upon the justice
or judge against whom the proceeding is brought. The commission in its
discretion may suspend a justice or judge from the exercise of his office
pending the determination of the proceedings before the commission. Any
justice or judge whose removal is sought is liable to indictment and
punishment according to law. A justice or judge retired for disability in
accordance with this section is entitled thereafter to receive such
compensation as the legislature may provide.
10. If a proceeding is brought against a justice of the supreme court, no
justice of the supreme court may sit on the commission for that
proceeding. If a proceeding is brought against a judge of the court of
appeals, no judge of the court of appeals may sit on the commission for
that proceeding. If a proceeding is brought against a district judge, no
district judge from the same judicial district may sit on the commission for
that
proceeding. If a proceeding is brought against a justice of the peace, no
justice of the peace from the same township may sit on the commission for
that proceeding. If a proceeding is brought against a municipal judge, no
municipal judge from the same city may sit on the commission for that
proceeding. If an appeal is taken from an action of the commission to the
supreme court, any justice who sat on the commission for that proceeding
is disqualified from participating in the consideration or decision of the
appeal. When any member of the commission is disqualified by this
subsection, the supreme court shall appoint a substitute from among the
eligible judges.
11. The commission may:
(a) Designate for each hearing an attorney or attorneys at law to act as
counsel to conduct the proceeding;
(b) Summon witnesses to appear and testify under oath and compel the
production of books, papers, documents and records;
(c) Grant immunity from prosecution or punishment when the
commission deems it necessary and proper in order to compel the giving
of testimony under oath and the production of books, papers, documents
and records; and
(d) Exercise such further powers as the legislature may from time to
time confer upon it.
And be it further
Resolved, That section 3 of article 7 of the Constitution of the State of
Nevada be amended to read as follows:
[Sec:] Sec. 3. For any reasonable cause to be entered on the journals
of each House[,] which may[,] or may not be sufficient grounds for
impeachment, the [Chief Justice and Associate] Justices of the Supreme
Court , the Judges of the Court of Appeals and the Judges of the District
Courts [shall] must be removed from Office on the vote of two thirds of
the Members elected to each branch of the Legislature, and the Justice or
Judge complained of[, shall] must be served with a copy of the complaint
against him[, and shall] and have an opportunity of being heard in person
or by counsel in his defense ; [,] Provided, that no member of either
branch of the Legislature [shall be] is eligible to fill the vacancy
occasioned by such removal.
And be it further
Resolved, That section 8 of article 15 of the Constitution of the State
of Nevada be amended to read as follows:
[Sec:] Sec. 8. The Legislature shall provide for the speedy publication
of all Statute laws of a general nature, and such decisions of the Supreme
Court[,] and the Court of Appeals, as it may deem expedient; and all laws
and judicial decisions [shall] must be free for publication by any person;
Provided, that no judgment of the Supreme Court or the Court of Appeals
shall take effect and be operative until the Opinion of the Court in such
case [shall be] is filed with the Clerk of said Court.
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