exempt

                                                       (REPRINTED WITH ADOPTED AMENDMENTS)

 

Senate Bill No. 184–Committee on Judiciary

 

(On Behalf of Administrative Office of the Courts)

 

February 15, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Adjusts prospective salary of supreme court justices and district court judges. (BDR 1‑517)

 

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.

 

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:

 

1-1    Section 1. NRS 2.050 is hereby amended to read as follows:

1-2    2.050  1.  Until the first Monday in January [1997,] 2003, the justices

1-3  of the supreme court whose terms of office expire on the first Monday in

1-4  January [1997] 2003 are entitled to receive an annual base salary of

1-5  [$85,000.] $107,600. From and after the first Monday in January [1997,]

1-6  2003, their successors in office are entitled to receive [a salary of

1-7  $107,600.] an annual base salary of $140,000.

1-8    2.  Until the first Monday in January [1999,] 2005, the justices of the

1-9  supreme court whose terms of office expire on the first Monday in January

1-10  [1999] 2005 are entitled to receive an annual base salary of [$85,000.]

1-11  $107,600. From and after the first Monday in January [1999,] 2005, their

1-12  successors in office are entitled to receive [a salary of $107,600.] an

1-13  annual base salary of $140,000.

1-14    3.  Until the first Monday in January [2001, the justice] 2007, the

1-15  justices of the supreme court whose [term] terms of office [expires] expire

1-16  on the first Monday in January [2001 is] 2007 are entitled to receive an

1-17  annual base salary of [$85,000.] $107,600. From and after the first Monday

1-18  in January [2001, his successor] 2007, their successors in office [is] are

1-19  entitled to receive [a salary of $107,600.

2-1    4.  The justices elected pursuant to subsection 4 of NRS 2.030 and their

2-2  respective successors are entitled to receive a salary of $107,600.] an

2-3  annual base salary of $140,000.

2-4    [5.] 4.  All salaries provided for in this section are payable in

2-5  biweekly installments as other state officers are paid.

2-6    Sec. 2.  NRS 2.060 is hereby amended to read as follows:

2-7    2.060  1.  Any justice of the supreme court who has served as a justice

2-8  or judge of a district court in any one or more of those courts for a period

2-9  or periods aggregating 22 years and has ended such service is, after

2-10  reaching the age of 60 years, entitled to receive annually from the State of

2-11  Nevada, as a pension during the remainder of his life, a sum of money

2-12  equal in amount to three-fourths the sum received as a salary for his

2-13  judicial services during the last year thereof, payable every 2 weeks from

2-14  money provided by direct legislative appropriation.

2-15  2.  Any justice of the supreme court who has served as a justice or

2-16  judge of a district court in any one or more of those courts for a period or

2-17  periods aggregating 5 years and has ended such service is, after reaching

2-18  the age of 60 years, entitled to receive annually from the State of Nevada,

2-19  as a pension during the remainder of his life, a sum of money equal in

2-20  amount to 4.1666 percent of the sum received as a salary for his judicial

2-21  services during the last year thereof, payable every 2 weeks from money

2-22  provided by direct legislative appropriation.

2-23  3.  Any justice of the supreme court who qualifies for a pension under

2-24  the provisions of subsection 2 is entitled to receive, for each year served

2-25  beyond 5 years up to a maximum of 22 years, an additional 4.1666 percent

2-26  of the sum received as a salary for his judicial services during the last year

2-27  thereof, payable as provided in subsection 2.

2-28  4.  Any justice who has retired pursuant to subsection 3 and is

2-29  thereafter recalled to additional active service in the court system is entitled

2-30  to receive credit toward accumulating 22 years’ service for the maximum

2-31  pension based upon the time he actually spends in the additional active

2-32  service.

2-33  5.  Any justice who has the years of service necessary to retire but has

2-34  not attained the required age may retire at any age with a benefit actuarially

2-35  reduced to the required retirement age. A benefit under this subsection

2-36  must be reduced in the same manner as benefits are reduced for persons

2-37  retired under the public employees’ retirement system.

2-38  6.  Any person receiving a pension pursuant to the provisions of this

2-39  section is entitled to receive post-retirement increases equal to those

2-40  provided for persons retired under the public employees’ retirement

2-41  system.

2-42  7.  Any justice who desires to receive the benefits of this section must

2-43  file with the state controller and the state treasurer an affidavit setting forth

2-44  the fact that he is ending his service, the date and place of his birth, and the

2-45  years he has served in any district court or the supreme court.

2-46  8.  Upon such notice and filing of the affidavit, the state controller shall

2-47  draw his warrant, payable to the justice who has thus ended his service,

2-48  upon the state treasurer for the sum due to him, and the state treasurer shall

2-49  pay the sum out of money provided by direct legislative appropriation.

3-1    9.  The faith of the State of Nevada is hereby pledged that this section

3-2  shall not be repealed or amended so as to affect any justice who may have

3-3  ended his service pursuant to it.

3-4    10.  As used in this section, “salary” includes a salary received for

3-5  service on a supreme court commission created by statute.

3-6    Sec. 3.  NRS 2.410 is hereby amended to read as follows:

3-7    2.410  1.  The supreme court law library shall be under the

3-8  supervision and control of the supreme court, which may make and enforce

3-9  such rules and regulations as may be necessary for the government, use and

3-10  services of the library. Such rules or regulations shall assure that the library

3-11  is accessible for public use and to users in all parts of the state.

3-12  2.  There is hereby created a supreme court commission on law

3-13  libraries. The chief justice of the supreme court shall appoint justices of

3-14  the supreme court who are interested in issues related to improving

3-15  access by the public to the law and legal publications to serve on the

3-16  commission.

3-17  3.  The supreme court commission on law libraries shall:

3-18  (a) Advise the supreme court concerning the government, use and

3-19  services of the supreme court law library, including, without limitation,

3-20  any decisions made by the supreme court pursuant to subsection 1 and

3-21  NRS 2.420 and 2.430;

3-22  (b) Coordinate the development of materials to aid persons who

3-23  choose to represent themselves in litigation and other legal matters

3-24  rather than retaining an attorney; and

3-25  (c) Provide assistance and advice to the district court commission on

3-26  law libraries during its existence concerning the government, use and

3-27  services of county law libraries.

3-28  4.  The commission shall meet at least quarterly and shall prepare

3-29  and submit an annual report to the administrative office of the courts.

3-30  5.  On January 6, 2003, the chief justice of the supreme court shall

3-31  appoint two justices of the supreme court to serve terms on the supreme

3-32  court commission on law libraries which begin on January 6, 2003, and

3-33  end on January 2, 2005, and three justices to serve terms which begin on

3-34  January 6, 2003, and end on December 31, 2006. If a justice appointed

3-35  pursuant to this subsection to serve on the supreme court commission on

3-36  law libraries ceases to be a justice of the supreme court, his term as a

3-37  member of the supreme court commission on law libraries expires on the

3-38  date that he ceases to be a justice of the supreme court. Such a vacancy

3-39  on the supreme court commission on law libraries may only be filled by

3-40  the person appointed to fill the vacancy on the supreme court and only

3-41  for the remainder of the term for which he is appointed and actually

3-42  serves.

3-43  6.  Each member of the supreme court commission on law libraries

3-44  who is appointed pursuant to subsection 5 is entitled to receive a salary of

3-45  $32,400 for each year that he serves on the commission, payable in

3-46  biweekly installments.

 

 

4-1    Sec. 4.  Chapter 3 of NRS is hereby amended by adding thereto a new

4-2  section to read as follows:

4-3    1.  There is hereby created a district court commission on law

4-4  libraries. The commission shall:

4-5    (a) Make recommendations to and otherwise advise generally the

4-6  boards of law library trustees established pursuant to chapter 380 of NRS

4-7  concerning policies and procedures related to improving access by the

4-8  public to the law and legal publications;

4-9    (b) Coordinate the development of materials to aid persons who

4-10  choose to represent themselves in litigation and other legal matters

4-11  rather than retaining an attorney; and

4-12  (c) In a county in which the board of county commissioners governs

4-13  and manages a law library, make recommendations to and otherwise

4-14  advise the board of county commissioners concerning any issues that

4-15  arise as the board manages the law library, carries out its duties set forth

4-16  in chapter 380 of NRS or exercises any power granted to a board of law

4-17  library trustees pursuant to chapter 380 of NRS and concerning policies

4-18  and procedures related to improving access by the public to the law and

4-19  legal publications.

4-20  2.  The district court commission on law libraries shall meet at least

4-21  quarterly and shall prepare and submit an annual report to the

4-22  administrative office of the courts.

4-23  3.  On January 6, 2003, the:

4-24  (a) Chief judge of the second judicial district shall appoint two district

4-25  judges from the second judicial district to serve terms on the district court

4-26  commission on law libraries which begin on January 6, 2003, and end on

4-27  January 2, 2005; and

4-28  (b) Chief judge of the eighth judicial district shall appoint six district

4-29  judges from the eighth judicial district to serve terms on the district court

4-30  commission on law libraries which begin on January 6, 2003, and end on

4-31  January 2, 2005.

4-32  If a district judge appointed pursuant to this subsection to serve on the

4-33  district court commission on law libraries ceases to be a district judge, his

4-34  term as a member of the district court commission on law libraries

4-35  expires on the date that he ceases to be a district judge. Such a vacancy

4-36  on the district court commission on law libraries may only be filled by the

4-37  person appointed to fill the vacancy on the district court and only for the

4-38  remainder of the term for which he is appointed and actually serves.

4-39  4.  On or after January 6, 2003, the chief judge of any other judicial

4-40  district may appoint one district judge to serve on the district court

4-41  commission on law libraries.

4-42  5.  Each member of the district court commission on law libraries

4-43  who was appointed pursuant to subsection 3 is entitled to receive a salary

4-44  of $30,000 for each year that he serves on the commission, payable in

4-45  biweekly installments.

4-46    Sec. 5.  NRS 3.030 is hereby amended to read as follows:

4-47    3.030  1.  Until the first Monday in January [1997,] 2003, the annual

4-48  base salary of each district judge is [$79,000.] $100,000. From and after

5-1  the first Monday in January [1997,] 2003, the annual base salary of each

5-2  district judge is [$100,000.] $130,000.

5-3    2.  If a district judge has served in his office for at least 4 years, he is

5-4  entitled to an additional salary of 2 percent of his annual base salary for

5-5  each year of service. The additional salary must not exceed 22 percent of

5-6  his annual base salary.

5-7    3.  The annual base salaries and the additional salary for longevity

5-8  must be paid in biweekly installments out of the district judges’ salary

5-9  account of the supreme court.

5-10    4.  No salary of any district judge may be paid in advance.

5-11  Sec. 6.  NRS 3.090 is hereby amended to read as follows:

5-12  3.090  1.  Any judge of the district court who has served as a justice of

5-13  the supreme court or judge of a district court in any one or more of those

5-14  courts for a period or periods aggregating 22 years and has ended such

5-15  service is, after reaching the age of 60 years, entitled to receive annually

5-16  from the State of Nevada, as a pension during the remainder of his life, a

5-17  sum of money equal in amount to three-fourths the sum received as a

5-18  salary for his judicial services during the last year thereof, payable every 2

5-19  weeks from money provided by direct legislative appropriation.

5-20  2.  Any judge of the district court who has served as a justice of the

5-21  supreme court or judge of a district court in any one or more of those

5-22  courts for a period or periods aggregating 5 years and has ended such

5-23  service is, after reaching the age of 60 years, entitled to receive annually

5-24  from the State of Nevada, as a pension during the remainder of his life, a

5-25  sum of money equal in amount to 4.1666 percent of the sum received as a

5-26  salary for his judicial services during the last year thereof, payable every 2

5-27  weeks from money provided by direct legislative appropriation.

5-28  3.  Any judge of the district court who qualifies for a pension under the

5-29  provisions of subsection 2 is entitled to receive, for each year served

5-30  beyond 5 years up to a maximum of 22 years, an additional 4.1666 percent

5-31  of the sum received as a salary for his judicial services during the last year

5-32  thereof, payable as provided in subsection 2.

5-33  4.  Any judge who has retired pursuant to subsection 3 and is thereafter

5-34  recalled to additional active service in the court system is entitled to

5-35  receive credit toward accumulating 22 years’ service for the maximum

5-36  pension based upon the time he actually spends in the additional active

5-37  service.

5-38  5.  Any district judge who has the years of service necessary to retire

5-39  but has not attained the required age may retire at any age with a benefit

5-40  actuarially reduced to the required retirement age. A retirement benefit

5-41  under this subsection must be reduced in the same manner as benefits are

5-42  reduced for persons retired under the public employees’ retirement system.

5-43  6.  Any person receiving a pension pursuant to the provisions of this

5-44  section is entitled to receive post-retirement increases equal to those

5-45  provided for persons retired in the public employees’ retirement system.

5-46  7.  Any judge of the district court who desires to receive the benefits of

5-47  this section must file with the state controller and the state treasurer an

5-48  affidavit setting forth the fact that he is ending his service, the date and

6-1  place of his birth, and the years he has served in any district court or the

6-2  supreme court.

6-3    8.  Upon such notice and filing of the affidavit, the state controller shall

6-4  draw his warrant, payable to the judge who has thus ended his service,

6-5  upon the state treasurer for the sum due to him, and the state treasurer shall

6-6  pay the sum out of money provided by direct legislative appropriation.

6-7    9.  The faith of the State of Nevada is hereby pledged that this section

6-8  shall not be repealed or amended so as to affect any judge of the district

6-9  court who may have ended his service pursuant to it.

6-10  10.  As used in this section, “salary” includes a salary received for

6-11  service on a district court commission created by statute.

6-12    Sec. 7.  Section 9 of chapter 433, Statutes of Nevada 1997, at page

6-13  1532, as last amended by section 40 of chapter 105, Statutes of Nevada

6-14  1999, at page 459, is hereby amended to read as follows:

6-15  Sec. 9.  1.  Sections 1 [to 6, inclusive,] , 2, 3, 5 and 6 of this act

6-16  [,] expire by limitation on the date on which the qualified electors of

6-17  this state approve a constitutional amendment that establishes an

6-18  intermediate court of appeals within the State of Nevada.

6-19  2.  Notwithstanding the provisions of subsection 1, the additional

6-20  justices whose positions are abolished by the establishment of an

6-21  intermediate court of appeals must be permitted to serve the

6-22  remainder of the terms to which they were elected. At the end of those

6-23  terms, the positions of the additional justices must be abolished, along

6-24  with the positions of any staff hired directly to support the additional

6-25  justices.

6-26  Sec. 8.  1.  There is hereby appropriated from the state general fund

6-27  to the district judges salary account the sum of $156,150 for the payment of

6-28  the salaries of the members of the district court commission on law

6-29  libraries.

6-30  2.  There is hereby appropriated from the state general fund to the

6-31  supreme court the sum of $97,538 for the payment of the salaries of the

6-32  members of the supreme court commission on law libraries.

6-33  3.  Any remaining balance of the appropriations made by subsections 1

6-34  and 2 must not be committed for expenditure after June 30, 2003, and

6-35  reverts to the state general fund as soon as all payments of money

6-36  committed have been made.

6-37  Sec. 9.  1.  This section and sections 1, 5 and 7 of this act become

6-38  effective on October 1, 2001.

6-39  2.  Section 8 of this act becomes effective on July 1, 2002.

6-40  3.  Sections 2 and 3 of this act become effective on January 6, 2003,

6-41  and expire by limitation on December 31, 2006.

6-42  4.  Sections 4 and 6 of this act become effective on January 6, 2003,

6-43  and expire by limitation on January 2, 2005.

 

6-44  H