Senate Bill No. 184–Committee on Judiciary
CHAPTER..........
AN ACT relating to the judicial system; adjusting prospectively the salaries of supreme court justices and district court judges; creating a supreme court and a district court commission on law libraries; making appropriations; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 2.050 is hereby amended to read as follows:
2.050 1. Until the first Monday in January [1997,] 2003, the justices
of the supreme court whose terms of office expire on the first Monday in
January [1997] 2003 are entitled to receive an annual base salary of
[$85,000.] $107,600. From and after the first Monday in January [1997,]
2003, their successors in office are entitled to receive [a salary of
$107,600.] an annual base salary of $140,000.
2. Until the first Monday in January [1999,] 2005, the justices of the
supreme court whose terms of office expire on the first Monday in January
[1999] 2005 are entitled to receive an annual base salary of [$85,000.]
$107,600. From and after the first Monday in January [1999,] 2005, their
successors in office are entitled to receive [a salary of $107,600.] an
annual base salary of $140,000.
3. Until the first Monday in January [2001, the justice] 2007, the
justices of the supreme court whose [term] terms of office [expires] expire
on the first Monday in January [2001 is] 2007 are entitled to receive an
annual base salary of [$85,000.] $107,600. From and after the first
Monday in January [2001, his successor] 2007, their successors in office
[is] are entitled to receive [a salary of $107,600.
4. The justices elected pursuant to subsection 4 of NRS 2.030 and their
respective successors are entitled to receive a salary of $107,600.] an
annual base salary of $140,000.
[5.] 4. All salaries provided for in this section are payable in
biweekly installments as other state officers are paid.
Sec. 2. NRS 2.060 is hereby amended to read as follows:
2.060 1. Any justice of the supreme court who has served as a justice
or judge of a district court in any one or more of those courts for a period
or periods aggregating 22 years and has ended such service is, after
reaching the age of 60 years, entitled to receive annually from the State of
Nevada, as a pension during the remainder of his life, a sum of money
equal in amount to three-fourths the sum received as a salary for his
judicial services during the last year thereof, payable every 2 weeks from
money provided by direct legislative appropriation.
2. Any justice of the supreme court who has served as a justice or
judge of a district court in any one or more of those courts for a period or
periods aggregating 5 years and has ended such service is, after reaching
the age of 60 years, entitled to receive annually from the State of Nevada,
as a pension during the remainder of his life, a sum of money equal in
amount to 4.1666 percent of the sum received as a salary for his judicial
services during the last year thereof, payable every 2 weeks from money
provided by direct legislative appropriation.
3. Any justice of the supreme court who qualifies for a pension under
the provisions of subsection 2 is entitled to receive, for each year served
beyond 5 years up to a maximum of 22 years, an additional 4.1666 percent
of the sum received as a salary for his judicial services during the last year
thereof, payable as provided in subsection 2.
4. Any justice who has retired pursuant to subsection 3 and is
thereafter recalled to additional active service in the court system is
entitled to receive credit toward accumulating 22 years’ service for the
maximum pension based upon the time he actually spends in the additional
active service.
5. Any justice who has the years of service necessary to retire but has
not attained the required age may retire at any age with a benefit
actuarially reduced to the required retirement age. A benefit under this
subsection must be reduced in the same manner as benefits are reduced for
persons retired under the public employees’ retirement system.
6. Any person receiving a pension pursuant to the provisions of this
section is entitled to receive post-retirement increases equal to those
provided for persons retired under the public employees’ retirement
system.
7. Any justice who desires to receive the benefits of this section must
file with the state controller and the state treasurer an affidavit setting forth
the fact that he is ending his service, the date and place of his birth, and
the years he has served in any district court or the supreme court.
8. Upon such notice and filing of the affidavit, the state controller shall
draw his warrant, payable to the justice who has thus ended his service,
upon the state treasurer for the sum due to him, and the state treasurer shall
pay the sum out of money provided by direct legislative appropriation.
9. The faith of the State of Nevada is hereby pledged that this section
shall not be repealed or amended so as to affect any justice who may have
ended his service pursuant to it.
10. As used in this section, “salary” includes a salary received for
service on a supreme court commission created by statute.
Sec. 3. NRS 2.410 is hereby amended to read as follows:
2.410 1. The supreme court law library shall be under the
supervision and control of the supreme court, which may make and
enforce such rules and regulations as may be necessary for the
government, use and services of the library. Such rules or regulations shall
assure that the library is accessible for public use and to users in all parts
of the state.
2. There is hereby created a supreme court commission on law
libraries. The chief justice of the supreme court shall appoint justices of
the supreme court who are interested in issues related to improving
access by the public to the law and legal publications to serve on the
commission.
3. The supreme court commission on law libraries shall:
(a) Advise the supreme court concerning the government, use and
services of the supreme court law library, including, without limitation,
any decisions made by the supreme court pursuant to subsection 1 and
NRS 2.420 and 2.430;
(b) Coordinate the development of materials to aid persons who
choose to represent themselves in litigation and other legal matters
rather than retaining an attorney; and
(c) Provide assistance and advice to the district court commission on
law libraries during its existence concerning the government, use and
services of county law libraries.
4. The commission shall meet at least quarterly and shall prepare
and submit an annual report to the administrative office of the courts.
5. On January 6, 2003, the chief justice of the supreme court shall
appoint two justices of the supreme court to serve terms on the supreme
court commission on law libraries which begin on January 6, 2003, and
end on January 2, 2005, and three justices to serve terms which begin on
January 6, 2003, and end on December 31, 2006. If a justice appointed
pursuant to this subsection to serve on the supreme court commission on
law libraries ceases to be a justice of the supreme court, his term as a
member of the supreme court commission on law libraries expires on the
date that he ceases to be a justice of the supreme court. Such a vacancy
on the supreme court commission on law libraries may only be filled by
the person appointed to fill the vacancy on the supreme court and only
for the remainder of the term for which he is appointed and actually
serves.
6. Each member of the supreme court commission on law libraries
who is appointed pursuant to subsection 5 is entitled to receive a salary
of $32,400 for each year that he serves on the commission, payable in
biweekly installments.
Sec. 4. Chapter 3 of NRS is hereby amended by adding thereto a new
section to read as follows:
1. There is hereby created a district court commission on law
libraries. The commission shall:
(a) Make recommendations to and otherwise advise generally the
boards of law library trustees established pursuant to chapter 380 of
NRS concerning policies and procedures related to improving access by
the public to the law and legal publications;
(b) Coordinate the development of materials to aid persons who
choose to represent themselves in litigation and other legal matters
rather than retaining an attorney; and
(c) In a county in which the board of county commissioners governs
and manages a law library, make recommendations to and otherwise
advise the board of county commissioners concerning any issues that
arise as the board manages the law library, carries out its duties set forth
in chapter 380 of NRS or exercises any power granted to a board of law
library trustees pursuant to chapter 380 of NRS and concerning policies
and procedures related to improving access by the public to the law and
legal publications.
2. The district court commission on law libraries shall meet at least
quarterly and shall prepare and submit an annual report to the
administrative office of the courts.
3. On January 6, 2003, the:
(a) Chief judge of the second judicial district shall appoint two district
judges from the second judicial district to serve terms on the district
court
commission on law libraries which begin on January 6, 2003, and end on
January 2, 2005; and
(b) Chief judge of the eighth judicial district shall appoint six district
judges from the eighth judicial district to serve terms on the district court
commission on law libraries which begin on January 6, 2003, and end
on January 2, 2005.
If a district judge appointed pursuant to this subsection to serve on the
district court commission on law libraries ceases to be a district judge,
his term as a member of the district court commission on law libraries
expires on the date that he ceases to be a district judge. Such a vacancy
on the district court commission on law libraries may only be filled by
the person appointed to fill the vacancy on the district court and only for
the remainder of the term for which he is appointed and actually serves.
4. On or after January 6, 2003, the chief judge of any other judicial
district may appoint one district judge to serve on the district court
commission on law libraries.
5. Each member of the district court commission on law libraries
who was appointed pursuant to subsection 3 is entitled to receive a
salary of $30,000 for each year that he serves on the commission,
payable in biweekly installments.
Sec. 5. NRS 3.030 is hereby amended to read as follows:
3.030 1. Until the first Monday in January [1997,] 2003, the annual
base salary of each district judge is [$79,000.] $100,000. From and after
the first Monday in January [1997,] 2003, the annual base salary of each
district judge is [$100,000.] $130,000.
2. If a district judge has served in his office for at least 4 years, he is
entitled to an additional salary of 2 percent of his annual base salary for
each year of service. The additional salary must not exceed 22 percent of
his annual base salary.
3. The annual base salaries and the additional salary for longevity
must be paid in biweekly installments out of the district judges’ salary
account of the supreme court.
4. No salary of any district judge may be paid in advance.
Sec. 6. NRS 3.090 is hereby amended to read as follows:
3.090 1. Any judge of the district court who has served as a justice of
the supreme court or judge of a district court in any one or more of those
courts for a period or periods aggregating 22 years and has ended such
service is, after reaching the age of 60 years, entitled to receive annually
from the State of Nevada, as a pension during the remainder of his life, a
sum of money equal in amount to three-fourths the sum received as a
salary for his judicial services during the last year thereof, payable every 2
weeks from money provided by direct legislative appropriation.
2. Any judge of the district court who has served as a justice of the
supreme court or judge of a district court in any one or more of those
courts for a period or periods aggregating 5 years and has ended such
service is, after reaching the age of 60 years, entitled to receive annually
from the State of Nevada, as a pension during the remainder of his life, a
sum of money equal in amount to 4.1666 percent of the sum received as a
salary for his judicial services during the last year thereof, payable every 2
weeks from money provided by direct legislative appropriation.
3. Any judge of the district court who qualifies for a pension under the
provisions of subsection 2 is entitled to receive, for each year served
beyond 5 years up to a maximum of 22 years, an additional 4.1666 percent
of the sum received as a salary for his judicial services during the last year
thereof, payable as provided in subsection 2.
4. Any judge who has retired pursuant to subsection 3 and is thereafter
recalled to additional active service in the court system is entitled to
receive credit toward accumulating 22 years’ service for the maximum
pension based upon the time he actually spends in the additional active
service.
5. Any district judge who has the years of service necessary to retire
but has not attained the required age may retire at any age with a benefit
actuarially reduced to the required retirement age. A retirement benefit
under this subsection must be reduced in the same manner as benefits are
reduced for persons retired under the public employees’ retirement system.
6. Any person receiving a pension pursuant to the provisions of this
section is entitled to receive post-retirement increases equal to those
provided for persons retired in the public employees’ retirement system.
7. Any judge of the district court who desires to receive the benefits of
this section must file with the state controller and the state treasurer an
affidavit setting forth the fact that he is ending his service, the date and
place of his birth, and the years he has served in any district court or the
supreme court.
8. Upon such notice and filing of the affidavit, the state controller shall
draw his warrant, payable to the judge who has thus ended his service,
upon the state treasurer for the sum due to him, and the state treasurer shall
pay the sum out of money provided by direct legislative appropriation.
9. The faith of the State of Nevada is hereby pledged that this section
shall not be repealed or amended so as to affect any judge of the district
court who may have ended his service pursuant to it.
10. As used in this section, “salary” includes a salary received for
service on a district court commission created by statute.
Sec. 7. Section 9 of chapter 433, Statutes of Nevada 1997, at page
1532, as last amended by section 40 of chapter 105, Statutes of Nevada
1999, at page 459, is hereby amended to read as follows:
Sec. 9. 1. Sections 1 [to 6, inclusive,] , 2, 3, 5 and 6 of this act
[,] expire by limitation on the date on which the qualified electors of
this state approve a constitutional amendment that establishes an
intermediate court of appeals within the State of Nevada.
2. Notwithstanding the provisions of subsection 1, the additional
justices whose positions are abolished by the establishment of an
intermediate court of appeals must be permitted to serve the
remainder of the terms to which they were elected. At the end of
those terms, the positions of the additional justices must be abolished,
along with the positions of any staff hired directly to support the
additional justices.
Sec. 8. 1. There is hereby appropriated from the state general fund
to the district judges salary account the sum of $156,150 for the payment
of the salaries of the members of the district court commission on law
libraries.
2. There is hereby appropriated from the state general fund to the
supreme court the sum of $97,538 for the payment of the salaries of the
members of the supreme court commission on law libraries.
3. Any remaining balance of the appropriations made by subsections 1
and 2 must not be committed for expenditure after June 30, 2003, and
reverts to the state general fund as soon as all payments of money
committed have been made.
Sec. 9. 1. This section and sections 1, 5 and 7 of this act become
effective on October 1, 2001.
2. Section 8 of this act becomes effective on July 1, 2002.
3. Sections 2 and 3 of this act become effective on January 6, 2003,
and expire by limitation on December 31, 2006.
4. Sections 4 and 6 of this act become effective on January 6, 2003,
and expire by limitation on January 2, 2005.
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