Assembly Joint Resolution No. 12–Committee
on Constitutional Amendments

 

March 24, 2003

____________

 

Referred to Committee on Constitutional Amendments

 

SUMMARY—Proposes to amend Nevada Constitution to provide for staggered elections of District Judges. (BDR C‑212)

 

FISCAL NOTE:  Effect on Local Government: No.

                   Effect on the State: No.

 

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

 

Assembly Joint RESOLUTION—Proposing to amend the Nevada Constitution to provide for staggered elections of District Judges.

 

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

1-2  Nevada, Jointly, That Section 5 of Article 6 of the Nevada

1-3  Constitution be amended to read as follows:

1-4  Sec. 5.  1. Thestate is hereby divided into Nine

1-5  Judicial Districts of which the county of Storey shall

1-6  constitute the First; The county of Ormsby the Second; the

1-7  county of Lyon the Third; The county of Washoe the Fourth;

1-8  The counties of Nye and Churchill the Fifth; The county of

1-9  Humboldt the Sixth; The county of Lander the Seventh; The

1-10  county of Douglas the Eighth; and the county of Esmeralda

1-11  the Ninth. The county of Roop shall be attached to the county

1-12  of Washoe for judicial purposes until otherwise provided by

1-13  law. The Legislature may, however, provide by law for an

1-14  alteration in the boundaries or divisions of the Districts herein

1-15  prescribed, and also for increasing or diminishing the number

1-16  of the Judicial Districts and Judges therein. But no such

1-17  change shall take effect, except in case of a vacancy, or the

1-18  expiration of the term of an incumbent of the Office. At the

1-19  first general election under this Constitution there shall be

1-20  elected in each of the respective Districts (except as in this

2-1  Section hereafter otherwise provided) One District Judge,

2-2  who shall hold Office from and including the first Monday of

2-3  December AD. Eighteen hundred and Sixty four and until the

2-4  first Monday of January in the year Eighteen hundred and

2-5  Sixty seven. After the said first election, there shall be elected

2-6  at the General election which immediately precedes the

2-7  expiration of the term of his predecessor, One District Judge

2-8  in each of the respective Judicial Districts (except in the First

2-9  District as in this Section hereinafter provided.) The District

2-10  Judges shall be elected by the qualified electors of their

2-11  respective districts, and shall hold office for the term of 6

2-12  years (excepting those elected at said first election[)] or an

2-13  election held pursuant to subsection 2) from and including

2-14  the first Monday of January, next succeeding their election

2-15  and qualification; Provided, that the First Judicial District

2-16  shall be entitled to, and shall have Three District Judges, who

2-17  shall possess co-extensive and concurrent jurisdiction, and

2-18  who shall be elected at the same times, in the same manner,

2-19  and shall hold office for the like terms as herein prescribed, in

2-20  relation to the Judges in other Judicial Districts, any one of

2-21  said Judges may preside on the empanneling [empaneling] of

2-22  Grand Juries and the presentment and trial on indictments,

2-23  under such rules and regulations as may be prescribed by law.

2-24      2.  The Legislature shall provide by law for the term of

2-25  a District Judge elected on November 1, 2008, and the

2-26  initial term of a District Judge elected after that date, so that

2-27  one-third of the total number of Judges, as nearly as may

2-28  be, is elected every 2 years.

 

2-29  H