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 [)] and

2-13  except as otherwise provided by the Legislature pursuant to

2-14  subsection 2) from and including the first Monday of

2-15  January, next succeeding their election and qualification;

2-16  Provided, that the First Judicial District shall be entitled to,

2-17  and shall have Three District Judges, who shall possess co-

2-18  extensive and concurrent jurisdiction, and who shall be

2-19  elected at the same times, in the same manner, and shall hold

2-20  office for the like terms as herein prescribed, in relation to the

2-21  Judges in other Judicial Districts, any one of said Judges may

2-22  preside on the empanneling [empaneling] of Grand Juries and

2-23  the presentment and trial on indictments, under such rules and

2-24  regulations as may be prescribed by law.

2-25      2.  The Legislature may shorten or lengthen the term of

2-26  a District Judge as necessary to provide, as nearly as

2-27  possible, for one-third of the total number of Judges to be

2-28  elected every 2 years.

 

2-29  H