Assembly Joint Resolution No. 22–Committee on
Constitutional Amendments
(On Behalf of Nevada Supreme Court)
March 22, 1999
____________
Referred
to Committee on Constitutional Amendments
SUMMARY—Proposes to amend Nevada Constitution to create intermediate
appellate court and revise term of person appointed to fill vacancy in supreme
court or court of appeals. (BDR C‑1368)
FISCAL
NOTE: Effect on Local Government: No.
Effect on the State or on
Industrial Insurance: Yes.
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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).
ASSEMBLY JOINT RESOLUTION—Proposing to amend the Constitution
of the State of Nevada to create 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 consists of three judges or such
1-6 greater number as
the legislature may provide by law. If the number of
1-7 judges is so
increased, the supreme court shall provide by rule for the
1-8 assignment of
each appeal to a panel of three judges for decision.
1-9 2. After the initial terms, each judge of the court of appeals must
be
1-10 elected by the
qualified electors of this state at the general election for a
1-11 term of 6 years
beginning on the first Monday of January next after the
1-12 election. The
initial judges must be elected by the qualified electors of
1-13 this state at the
first general election following the enactment of this
1-14 section. The
initial terms of the judges must be staggered so that at least
1-15 one judge serves
for an initial term of 2 years, at least one for 4 years and
1-16 at least one for
6 years. The initial judges shall meet as soon as
1-17 practicable after
their election to determine by lot the term of office that
1-18 each judge will
fill. If there is an increase in the number of judges, each
1-19 additional judge
must be elected by the qualified electors of this state at
1-20 the first general
election following the increase for a term beginning on
2-1 the first Monday
of January next after the election. The legislature shall
2-2 provide for an
initial term of 6 or fewer years for each additional judge
2-3 so that one-third
of the total number of judges, as nearly as may be, is
2-4 elected every 2
years. If the number of judges is increased by more than
2-5 one, the
additional judges shall meet as soon as practicable after their
2-6 election to
determine by lot the term of office that each judge will fill.
2-7 3. The chief justice of the supreme court shall appoint one of the
2-8 judges of the
court of appeals to be chief judge. The chief judge serves a
2-9 term of 4 years
and may succeed himself. The chief judge may resign his
2-10 position as chief
judge without resigning from the court of appeals.
2-11 4. The supreme court shall provide by rule for the assignment of one
2-12 or more judges of
the court of appeals to devote a part of their time to
2-13 serve as
supplemental district judges, where needed.
2-14 Section 1. The Judicial power of this State [shall be] is vested in a
2-15 court system, comprising a Supreme Court, a Court of
Appeals, District
2-16 Courts [,] and Justices of the
Peace. The Legislature may also establish, as
2-17 part of the system, Courts for municipal purposes
only in incorporated
2-18 cities and towns.
2-19 Sec. 4. 1. The
supreme court [shall] and the court of appeals
have
2-20 appellate jurisdiction in all civil cases arising in
district courts, and also on
2-21 questions of law alone in all criminal cases in
which the offense charged is
2-22 within the original jurisdiction of the district
courts. The legislature shall
2-23 fix the
jurisdiction of the court of appeals and, where appropriate,
2-24 provide for the
review by the supreme court of appeals decided by the
2-25 court of appeals.
The supreme court [shall] and the court of appeals
also
2-26 have power to issue writs of mandamus, certiorari, prohibition, quo
2-27 warranto [,] and habeas
corpus and also all writs necessary or proper to the
2-28 complete exercise of [its appellate] their
jurisdiction. Each [of the
justices
2-29 shall have power
to] justice of the
supreme court and judge of the court of
2-30 appeals may issue writs of habeas
corpus to any part of the state, upon
2-31 petition by, or on behalf of, any person held in actual
custody [,] in this
2-32 state and may make such writs returnable [, before
himself] before
the
2-33 issuing justice
or judge or the [supreme
court,] court of
which the justice
2-34 or judge is a
member, or before any district
court in [the] this state or
2-35 [before] any judge of [said courts.] a
district court.
2-36 2. In case of the disability or
disqualification, for any cause, of [the
2-37 chief justice or
one of the associate justices] a justice of the supreme court,
2-38 [or any two of them,] the governor [is authorized and empowered to
2-39 designate any] may designate a
judge of the court of appeals or a
district
2-40 judge [or judges] to sit in the place [or places
of such] of the
disqualified or
2-41 disabled justice . [or
justices, and said judge or judges so designated shall
2-42 receive their] The judge
designated by the governor is entitled to receive
2-43 his actual expense of travel and otherwise while
sitting in the supreme
2-44 court.
2-45 3. In case of the disability or disqualification
of a judge of the court
2-46 of appeals, for
any cause, the governor may designate a district judge to
2-47 sit in the place
of the disabled or disqualified judge. The judge that the
3-1 governor designates
is entitled to receive his actual expense of travel and
3-2 otherwise while
sitting in the court of appeals.
3-3 Sec. 7. The times of holding
the Supreme Court , the Court of
3-4 Appeals and District Courts [shall] must
be as fixed by law. The terms of
3-5 the Supreme Court [shall] must
be held at the seat of Government unless
3-6 the Legislature otherwise provides by law, except
that the Supreme Court
3-7 may hear oral argument at other places in [the] this state. The terms
of the
3-8 Court of Appeals
must be held at the place provided by law. The terms of
3-9 the District Courts [shall] must
be held at the County seats of their
3-10 respective counties unless the Legislature otherwise
provides by law.
3-11 Sec. 8. 1. The
Legislature shall determine the number of Justices of
3-12 the
Peace to be elected in each city and township of the State [,] of Nevada
3-13 and
shall fix by law their qualifications, their terms of office and the limits
3-14 of
their civil and criminal jurisdiction, according to the amount in
3-15 controversy,
the nature of the case, the penalty provided [,] or any
3-16 combination
of these.
3-17 2. The provisions of this section
affecting the number, qualifications,
3-18 terms of office and jurisdiction of Justices of the
Peace become effective on
3-19 the first Monday of January, 1979.
3-20 3. The Legislature shall also
prescribe by law the manner, and
3-21 determine the cases in which appeals may be taken
from Justices and other
3-22 courts. The Supreme Court, the Court of Appeals, the
District Courts [,]
3-23 and such other Courts [,] as the Legislature
shall designate [, shall
be] are
3-24 Courts of Record.
3-25 Sec. 11. The justices of the supreme court , the judges of the court of
3-26 appeals and the district judges [shall be] are
ineligible to any office, other
3-27 than a judicial office, during the term for which
they [shall] have been
3-28 elected or appointed; and all elections or
appointments of any such judges
3-29 by the people, legislature [,] or otherwise [,] during said period [,] to any
3-30 office other than judicial [, shall
be] are
void.
3-31 [Sec:] Sec. 15. The Justices of the Supreme Court , the
Judges of the
3-32 Court of Appeals and the District Judges [shall] are each entitled
to
3-33 receive for their services a
compensation to be fixed by law and paid in the
3-34 manner provided by law,
which [shall] must not be
increased or diminished
3-35 during the term for which
they [shall] have been elected,
unless a Vacancy
3-36 occurs, in which case the
successor of the former incumbent [shall] is
3-37 entitled to receive only such salary as
may be provided by law at the time
3-38 of his election or
appointment; and provision [shall] must be made by law
3-39 for setting apart from each
year’s revenue a sufficient amount of Money, to
3-40 pay such compensation.
3-41 Sec. 20. 1. When a vacancy occurs before the expiration
of any term
3-42 of office in the supreme court , the
court of appeals or among the district
3-43 judges, the governor shall appoint a justice or
judge from among three
3-44 nominees selected for such individual vacancy by the
commission on
3-45 judicial selection.
3-46 [2. The] Except as
otherwise provided in subsection 2, the term of
3-47 office of any justice or judge so appointed expires
on the first Monday of
3-48 January following the [next] first general
election [.] that is
held at least 12
4-1 calendar months
after the date on which the appointment was made. At
4-2 that general
election, a justice or judge must be elected to fill the
4-3 remainder of the
term.
4-4 2. If
the date on which the appointment was made is within the 12
4-5 calendar months
immediately preceding the expiration of the term of the
4-6 vacated office,
the term of office of the justice or judge appointed
4-7 pursuant to
subsection 1 is the remainder of the unexpired term of office.
4-8 3. Each nomination for the supreme court [shall] or the
court of
4-9 appeals must be made by the permanent commission, composed of:
4-10 (a) The chief
justice or an associate justice designated by him;
4-11 (b) Three
members of the State Bar of Nevada, a public corporation
4-12 created by statute, appointed by its board of
governors; and
4-13 (c) Three
persons, not members of the legal profession, appointed by the
4-14 governor.
4-15 4. Each nomination for the district court [shall] must be made by a
4-16 temporary commission composed of:
4-17 (a) The
permanent commission;
4-18 (b) A member
of the State Bar of Nevada resident in the judicial district
4-19 in which the vacancy occurs, appointed by the board
of governors of the
4-20 State Bar of Nevada; and
4-21 (c) A
resident of such judicial district, not a member of the legal
4-22 profession, appointed by the governor.
4-23 5. If at any time the State Bar of Nevada ceases
to exist as a public
4-24 corporation or ceases to include all attorneys
admitted to practice before
4-25 the courts of this state, the legislature shall
provide by law, or , if it fails to
4-26 do so , the supreme court shall
provide by rule, for the appointment of
4-27 attorneys at law to the positions designated in this
section to be occupied by
4-28 members of the State Bar of Nevada.
4-29 6. The term of office of each appointive member
of the permanent
4-30 commission, except the first members, is 4 years.
Each appointing authority
4-31 shall appoint one of the members first appointed for
a term of 2 years. If a
4-32 vacancy occurs, the appointing authority shall fill
the vacancy for the
4-33 unexpired term. The additional members of a
temporary commission [shall]
4-34 must be appointed when a vacancy occurs, and their terms
[shall] expire
4-35 when the nominations for such vacancy have been
transmitted to the
4-36 governor.
4-37 7. An appointing authority shall not appoint to
the permanent
4-38 commission more than:
4-39 (a) One
resident of any county.
4-40 (b) Two
members of the same political party.
4-41 No member of the permanent commission may be a
member of a
4-42 commission on judicial discipline.
4-43 8. After the expiration of 30 days from the date
on which the
4-44 commission on judicial selection has delivered to
him its list of nominees
4-45 for any vacancy, if the governor has not made the
appointment required by
4-46 this section, he shall make no other appointment to
any public office until
4-47 he has appointed a justice or judge from the list
submitted.
5-1 [If a commission on judicial selection is established by another
section of
5-2 this constitution
to nominate persons to fill vacancies on the supreme court,
5-3 such commission
shall serve as the permanent commission established by
5-4 subsection 3 of
this section.]
5-5 Sec. 21. 1. A justice of the
supreme court, a judge of the court of
5-6 appeals, a district judge, a justice of the peace or a
municipal judge may, in
5-7 addition to the provision of article 7 for
impeachment, be censured, retired,
5-8 removed or otherwise disciplined by the commission
on judicial discipline.
5-9 Pursuant to rules governing appeals adopted by the
supreme court, a justice
5-10 or judge may appeal from the action of the
commission to the supreme
5-11 court, which may reverse such action or take any
alternative action
5-12 provided in this subsection.
5-13 2. The commission is composed of:
5-14 (a) Two
justices or judges appointed by the supreme court;
5-15 (b) Two
members of the State Bar of Nevada, a public corporation
5-16 created by statute, appointed by its board of
governors; and
5-17 (c) Three persons,
not members of the legal profession, appointed by the
5-18 governor.
5-19 The commission shall elect a chairman from among its
three lay members.
5-20 3. If at any time the State Bar of Nevada ceases
to exist as a public
5-21 corporation or ceases to include all attorneys
admitted to practice before
5-22 the courts of this state, the legislature shall
provide by law, or , if it fails to
5-23 do so , the supreme court
shall provide by rule, for the appointment of
5-24 attorneys at law to the positions designated in this
section to be occupied by
5-25 members of the State Bar of Nevada.
5-26 4. The term of office of each appointive member
of the commission,
5-27 except the first members, is 4 years. Each
appointing authority shall appoint
5-28 one of the members first appointed for a term of 2
years. If a vacancy
5-29 occurs, the appointing authority shall fill the
vacancy for the unexpired
5-30 term. An appointing authority shall not appoint more
than one resident of
5-31 any county. The governor shall not appoint more than
two members of the
5-32 same political party. No member may be a member of a
commission on
5-33 judicial selection.
5-34 5. The legislature shall establish:
5-35 (a) In
addition to censure, retirement and removal, the other forms of
5-36 disciplinary action that the commission may impose;
5-37 (b) The
grounds for censure and other disciplinary action that the
5-38 commission may impose, including, but not limited
to, violations of the
5-39 provisions of the code of judicial conduct;
5-40 (c) The standards for the investigation of
matters relating to the fitness
5-41 of a justice or judge; and
5-42 (d) The confidentiality
or nonconfidentiality, as appropriate, of
5-43 proceedings before the commission, except that, in
any event, a decision to
5-44 censure, retire or remove a justice or judge must be
made public.
5-45 6. The supreme court shall adopt a code of
judicial conduct.
5-46 7. The commission shall adopt rules of procedure
for the conduct of its
5-47 hearings and any other procedural rules it deems
necessary to carry out its
5-48 duties.
6-1 8. No justice or judge may by virtue of this section
be:
6-2 (a) Removed
except for willful misconduct, willful or persistent failure
6-3 to perform the duties of his office or habitual
intemperance; or
6-4 (b) Retired
except for advanced age which interferes with the proper
6-5 performance of his judicial duties, or for mental or
physical disability
6-6 which prevents the proper performance of his
judicial duties and which is
6-7 likely to be permanent in nature.
6-8 9. Any matter relating to the fitness of a
justice or judge may be
6-9 brought to the attention of the commission by any
person or on the motion
6-10 of the commission. The commission shall, after
preliminary investigation,
6-11 dismiss the matter or order a hearing to be held
before it. If a hearing is
6-12 ordered, a statement of the matter [shall] must be served upon
the justice or
6-13 judge against whom the proceeding is brought. The
commission in its
6-14 discretion may suspend a justice or judge from the
exercise of his office
6-15 pending the determination of the proceedings before
the commission. Any
6-16 justice or judge whose removal is sought is liable
to indictment and
6-17 punishment according to law. A justice or judge
retired for disability in
6-18 accordance with this section is entitled thereafter
to receive such
6-19 compensation as the legislature may provide.
6-20 10. If a proceeding is brought against a justice
of the supreme court, no
6-21 justice of the supreme court may sit on the
commission for that proceeding.
6-22 If a proceeding
is brought against a judge of the court of appeals, no
6-23 judge of the court
of appeals may sit on the commission for that
6-24 proceeding. If a proceeding is brought against a district judge,
no district
6-25 judge from the same judicial district may sit on the
commission for that
6-26 proceeding. If a proceeding is brought against a
justice of the peace, no
6-27 justice of the peace from the same township may sit
on the commission for
6-28 that proceeding. If a proceeding is brought against
a municipal judge, no
6-29 municipal judge from the same city may sit on the
commission for that
6-30 proceeding. If an appeal is taken from an action of
the commission to the
6-31 supreme court, any justice who sat on the commission
for that proceeding is
6-32 disqualified from participating in the consideration
or decision of the
6-33 appeal. When any member of the commission is
disqualified by this
6-34 subsection, the supreme court shall appoint a
substitute from among the
6-35 eligible judges.
6-36 11. he commission may:
6-37 (a) Designate
for each hearing an attorney or attorneys at law to act as
6-38 counsel to conduct the proceeding;
6-39 (b) Summon
witnesses to appear and testify under oath and compel the
6-40 production of books, papers, documents and records;
6-41 (c) Grant
immunity from prosecution or punishment when the
6-42 commission deems it necessary and proper in order to
compel the giving of
6-43 testimony under oath and the production of books,
papers, documents and
6-44 records; and
6-45 (d) Exercise
such further powers as the legislature may from time to
6-46 time confer upon it.
6-47 And be it further
7-1 Resolved, That section 3 of article 7
of the Constitution of the State of
7-2 Nevada be amended to read as follows:
7-3 [Sec:] Sec. 3. For any reasonable cause to be entered on the
journals
7-4 of each House [,] which may [,] or may not be
sufficient grounds for
7-5 impeachment, the [Chief
Justice and Associate]
Justices of the Supreme
7-6 Court , the Judges
of the Court of Appeals and the Judges of the
District
7-7 Courts [shall] must be removed
from Office on the vote of two thirds of the
7-8 Members elected to each
branch of the Legislature, and the Justice or Judge
7-9 complained of [, shall] must be served with
a copy of the complaint against
7-10 him [, and
shall] and have
an opportunity of being heard in person or by
7-11 counsel in his defense ; [,] Provided, that no
member of either branch of the
7-12 Legislature [shall be] is eligible to fill
the vacancy occasioned by such
7-13 removal.
7-14 And be it further
7-15 Resolved, That
section 8 of article 15 of the Constitution of the State
7-16 of Nevada be amended to read
as follows:
7-17 [Sec:] Sec.
8. The Legislature shall provide for
the speedy publication
7-18 of all Statute laws of a general nature, and such
decisions of the Supreme
7-19 Court [,] and the
Court of Appeals, as it may deem expedient; and all laws
7-20 and judicial decisions [shall] must
be free for publication by any person;
7-21 Provided, that no judgment of the Supreme Court shall take
effect and be
7-22 operative until the Opinion of the Court in such
case [shall be] is filed with
7-23 the Clerk of said Court.
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