Senate Joint Resolution No. 5–Committee on Judiciary

 

FILE NUMBER..........

 

SENATE Joint RESOLUTION—Proposing to amend the Nevada Constitution to allow the Legislature to establish an intermediate appellate court.

 

    Resolved by the Senate and Assembly of the State of Nevada, Jointly, That a new section, designated Section 3A, be

added to Article 6 of the Nevada Constitution to read as follows:

    Sec. 3A.  1.  The Legislature may provide by law for

the creation of a Court of Appeals.

    2.  If the Legislature creates a Court of Appeals

pursuant to subsection 1, then:

    (a) The Court of Appeals must consist of three judges or

such greater number as the Legislature may provide by law.

If the number of judges is so increased, the Supreme Court

shall provide by rule for the assignment of each appeal to a

panel of three judges for decision.

    (b) After the initial terms, each judge of the Court of

Appeals must be elected by the qualified electors of this state

at the general election for a term of 6 years beginning on

the first Monday of January next after the election. The

initial judges must be elected by the qualified electors of this

state at the first general election following the creation of

the Court of Appeals. The initial terms of the judges must be

staggered so that one judge serves for an initial term of 2

years, one for 4 years and one for 6 years. The initial judges

shall meet as soon as practicable after their election to

determine by lot the term of office that each judge will fill.

If there is an increase in the number of judges, each

additional judge must be elected by the qualified electors of

this state at the first general election following the increase

for a term beginning on the first Monday of January next

after the election. The Legislature shall provide for an

initial term of 6 or fewer years for each additional judge so

that one-third of the total number of judges, as nearly as

may be, is elected every 2 years. If the number of judges is

increased by more than one, the additional judges shall

meet as soon as practicable after their election to determine

by lot the term of office that each judge will fill.

    (c) The Supreme Court shall appoint one of the judges

of the Court of Appeals to be Chief Judge. The Chief Judge

serves a term of 4 years and may succeed himself. The Chief

Judge may resign his position as Chief Judge without

resigning from the Court of Appeals.

And be it further

    Resolved, That Section 1 of Article 6 of the Nevada

Constitution be amended to read as follows:

    Section 1. The Judicial power of this State [shall be] is

vested in a court system, comprising a Supreme Court, a

Court of Appeals, if established by the Legislature, District

Courts[,] and Justices of the Peace. The Legislature may also

establish, as part of the system, Courts for municipal purposes

only in incorporated cities and towns.

And be it further

    Resolved, That Section 4 of Article 6 of the Nevada

Constitution be amended to read as follows:

    Sec. 4. 1. The supreme court [shall] and the court of

appeals, if established by the legislature, have appellate

jurisdiction in all civil cases arising in district courts, and also

on questions of law alone in all criminal cases in which

the offense charged is within the original jurisdiction of the

district courts. The legislature shall fix the jurisdiction of the

court of appeals. The supreme court [shall] and the court of

appeals also have power to issue writs of mandamus,

certiorari, prohibition, quo warranto [,] and habeas corpus

and also all writs necessary or proper to the complete exercise

of [its appellate] their jurisdiction. Each [of the justices shall

have power to] justice of the supreme court and judge of the

court of appeals may issue writs of habeas corpus to any part

of the state, upon petition by, or on behalf of, any person held

in actual custody [,] in this state and may make such writs

returnable [, before himself] before the issuing justice

or judge or the [supreme court,] court of which the justice or

judge is a member, or before any district court in the state or

[before] any judge of [said courts.] a district court.

    2.  In case of the disability or disqualification, for any

cause, of [the chief justice or one of the associate justices] a

justice of the supreme court, [or any two of them,] the

governor [is authorized and empowered to designate any]

may designate a judge of the court of appeals or a district

judge [or judges] to sit in the place [or places of such] of the

disqualified or disabled justice . [or justices, and said judge or

judges so designated shall receive their] The judge

designated by the governor is entitled to receive his actual

expense of travel and otherwise while sitting in the supreme

court.

    3.  In case of the disability or disqualification, for any

cause, of a judge of the court of appeals, the governor may

designate a district judge to sit in the place of the disabled or

disqualified judge. The judge that the governor designates is

entitled to receive his actual expense of travel and otherwise

while sitting in the court of appeals.

And be it further

    Resolved, That Section 7 of Article 6 of the Nevada

Constitution be amended to read as follows:

    Sec. 7.  The times of holding the Supreme Court , the

Court of Appeals and the District Courts [shall] must be as

fixed by law. The terms of the Supreme Court [shall] must be

held at the seat of Government unless the Legislature

otherwise provides by law, except that the Supreme Court

may hear oral argument at other places in the state. The terms

of the Court of Appeals must be held at the place provided

by law. The terms of the District Courts [shall] must be held

at the County seats of their respective counties unless the

Legislature otherwise provides by law.

And be it further

    Resolved, That Section 8 of Article 6 of the Nevada

Constitution be amended to read as follows:

    Sec. 8. 1. The Legislature shall determine the number

of Justices of the Peace to be elected in each city and

township of the State [,] and shall fix by law their

qualifications, their terms of office and the limits of their civil

and criminal jurisdiction, according to the amount in

controversy, the nature of the case, the penalty provided [,] or

any combination of these.

    [The provisions of this section affecting the number,

qualifications, terms of office and jurisdiction of Justices of

the Peace become effective on the first Monday of January,

1979.]

    2.  The Legislature shall also prescribe by law the

manner, and determine the cases , in which appeals may be

taken from Justices and other courts. The Supreme Court, the

Court of Appeals, the District Courts[,] and such other

Courts[,] as the Legislature shall designate[, shall be] are

Courts of Record.

And be it further

    Resolved, That Section 11 of Article 6 of the Nevada

Constitution be amended to read as follows:

    Sec. 11. The justices of the supreme court , the judges

of the court of appeals and the district judges [shall be] are

ineligible to any office, other than a judicial office, during the

term for which they [shall] have been elected or appointed . [;

and all] All elections or appointments of any such judges by

the people, legislature [,] or otherwise [,] during said period

[,] to any office other than judicial [, shall be] are void.

And be it further

    Resolved, That Section 15 of Article 6 of the Nevada

Constitution be amended to read as follows:

    [Sec:] Sec. 15. The Justices of the Supreme Court , the

Judges of the Court of Appeals and the District Judges

[shall] are each entitled to receive for their services a

compensation to be fixed by law and paid in the manner

provided by law, which [shall] must not be increased or

diminished during the term for which they [shall] have been

elected, unless a Vacancy occurs, in which case the successor

of the former incumbent [shall] is entitled to receive only

such salary as may be provided by law at the time of his

election or appointment . [; and provision shall] A provision

must be made by law for setting apart from each year’s

revenue a sufficient amount of Money, to pay such

compensation.

And be it further

    Resolved, That Section 20 of Article 6 of the Nevada

Constitution be amended to read as follows:

    Sec. 20.  1.  When a vacancy occurs before the

expiration of any term of office in the supreme court , the

court of appeals, if established by the legislature, or among

the district judges, the governor shall appoint a justice or

judge from among three nominees selected for such

individual vacancy by the commission on judicial selection.

    2.  The term of office of any justice or judge so appointed

expires on the first Monday of January following the next

general election.

    3.  Each nomination for the supreme court [shall] or the

court of appeals must be made by the permanent

commission, composed of:

    (a) The chief justice or an associate justice designated by

him;

    (b) Three members of the State Bar of Nevada, a public

corporation created by statute, appointed by its board of

governors; and

    (c) Three persons, not members of the legal profession,

appointed by the governor.

    4.  Each nomination for the district court [shall] must be

made by a temporary commission composed of:

    (a) The permanent commission;

    (b) A member of the State Bar of Nevada resident in the

judicial district in which the vacancy occurs, appointed by the

board of governors of the State Bar of Nevada; and

    (c) A resident of such judicial district, not a member of

the legal profession, appointed by the governor.

    5.  If at any time the State Bar of Nevada ceases to exist

as a public corporation or ceases to include all attorneys

admitted to practice before the courts of this state, the

legislature shall provide by law, or if it fails to do so the

supreme court shall provide by rule, for the appointment of

attorneys at law to the positions designated in this section to

be occupied by members of the State Bar of Nevada.

    6.  The term of office of each appointive member of the

permanent commission, except the first members, is 4 years.

Each appointing authority shall appoint one of the members

first appointed for a term of 2 years. If a vacancy occurs, the

appointing authority shall fill the vacancy for the unexpired

term. The additional members of a temporary commission

[shall] must be appointed when a vacancy occurs, and their

terms [shall] expire when the nominations for such vacancy

have been transmitted to the governor.

    7.  An appointing authority shall not appoint to the

permanent commission more than:

    (a) One resident of any county.

    (b) Two members of the same political party.

No member of the permanent commission may be a member

of a commission on judicial discipline.

    8.  After the expiration of 30 days from the date on which

the commission on judicial selection has delivered to him its

list of nominees for any vacancy, if the governor has not

made the appointment required by this section, he shall make

no other appointment to any public office until he has

appointed a justice or judge from the list submitted.

[If a commission on judicial selection is established by

another section of this constitution to nominate persons to fill

vacancies on the supreme court, such commission shall serve

as the permanent commission established by subsection 3 of

this section.]

And be it further

    Resolved, That Section 21 of Article 6 of the Nevada

Constitution be amended to read as follows:

    Sec. 21.  1.  A justice of the supreme court, a judge of

the court of appeals, if established by the legislature, a

district judge, a justice of the peace or a municipal judge may,

in addition to the provision of article 7 for impeachment, be

censured, retired, removed or otherwise disciplined by the

commission on judicial discipline. Pursuant to rules

governing appeals adopted by the supreme court, a justice or

judge may appeal from the action of the commission to the

supreme court, which may reverse such action or take any

alternative action provided in this subsection.

    2.  The commission is composed of:

    (a) Two justices or judges appointed by the supreme

court;

    (b) Two members of the State Bar of Nevada, a public

corporation created by statute, appointed by its board of

governors; and

    (c) Three persons, not members of the legal profession,

appointed by the governor.

The commission shall elect a chairman from among its three

lay members.

    3.  If at any time the State Bar of Nevada ceases to exist

as a public corporation or ceases to include all attorneys

admitted to practice before the courts of this state, the

legislature shall provide by law, or if it fails to do so the

supreme court shall provide by rule, for the appointment of

attorneys at law to the positions designated in this section to

be occupied by members of the State Bar of Nevada.

    4.  The term of office of each appointive member of the

commission, except the first members, is 4 years. Each

appointing authority shall appoint one of the members first

appointed for a term of 2 years. If a vacancy occurs, the

appointing authority shall fill the vacancy for the unexpired

term. An appointing authority shall not appoint more than one

resident of any county. The governor shall not appoint more

than two members of the same political party. No member

may be a member of a commission on judicial selection.

    5.  The legislature shall establish:

    (a) In addition to censure, retirement and removal, the

other forms of disciplinary action that the commission may

impose;

    (b) The grounds for censure and other disciplinary action

that the commission may impose, including, but not limited

to, violations of the provisions of the code of judicial

conduct;

    (c) The standards for the investigation of matters relating

to the fitness of a justice or judge; and

    (d) The confidentiality or nonconfidentiality, as

appropriate, of proceedings before the commission, except

that, in any event, a decision to censure, retire or remove a

justice or judge must be made public.

    6.  The supreme court shall adopt a code of judicial

conduct.

    7.  The commission shall adopt rules of procedure for the

conduct of its hearings and any other procedural rules it

deems necessary to carry out its duties.

    8.  No justice or judge may by virtue of this section be:

    (a) Removed except for willful misconduct, willful or

persistent failure to perform the duties of his office or

habitual intemperance; or

    (b) Retired except for advanced age which interferes with

the proper performance of his judicial duties, or for mental or

physical disability which prevents the proper performance of

his judicial duties and which is likely to be permanent in

nature.

    9.  Any matter relating to the fitness of a justice or judge

may be brought to the attention of the commission by any

person or on the motion of the commission. The commission

shall, after preliminary investigation, dismiss the matter or

order a hearing to be held before it. If a hearing is ordered, a

statement of the matter [shall] must be served upon the justice

or judge against whom the proceeding is brought. The

commission in its discretion may suspend a justice or judge

from the exercise of his office pending the determination of

the proceedings before the commission. Any justice or judge

whose removal is sought is liable to indictment and

punishment according to law. A justice or judge retired for

disability in accordance with this section is entitled thereafter

to receive such compensation as the legislature may provide.

    10.  If a proceeding is brought against a justice of the

supreme court, no justice of the supreme court may sit on the

commission for that proceeding. If a proceeding is brought

against a judge of the court of appeals, no judge of the court

of appeals may sit on the commission for that proceeding. If

a proceeding is brought against a district judge, no district

judge from the same judicial district may sit on the

commission for that proceeding. If a proceeding is brought

against a justice of the peace, no justice of the peace from the

same township may sit on the commission for that

proceeding. If a proceeding is brought against a municipal

judge, no municipal judge from the same city may sit on the

commission for that proceeding. If an appeal is taken from an

action of the commission to the supreme court, any justice

who sat on the commission for that proceeding is disqualified

from participating in the consideration or decision of the

appeal. When any member of the commission is disqualified

by this subsection, the supreme court shall appoint a

substitute from among the eligible judges.

    11.  The commission may:

    (a) Designate for each hearing an attorney or attorneys at

law to act as counsel to conduct the proceeding;

    (b) Summon witnesses to appear and testify under oath

and compel the production of books, papers, documents and

records;

    (c) Grant immunity from prosecution or punishment when

the commission deems it necessary and proper in order to

compel the giving of testimony under oath and the production

of books, papers, documents and records; and

    (d) Exercise such further powers as the legislature may

from time to time confer upon it.

And be it further

    Resolved, That Section 3 of Article 7 of the Nevada

Constitution be amended to read as follows:

    [Sec:] Sec. 3. For any reasonable cause to be entered on

the journals of each House[,] which may[,] or may not be

sufficient grounds for impeachment, the [Chief Justice and

Associate] Justices of the Supreme Court , the Judges of the

Court of Appeals, if established by the Legislature, and the

Judges of the District Courts [shall] must be removed from

Office on the vote of two thirds of the Members elected to

each branch of the Legislature . [, and the] The Justice or

Judge complained of[, shall] must be served with a copy of

the complaint against him[, and shall] and have an

opportunity of being heard in person or by counsel in his

defense . [, Provided, that no member] No Member of either

branch of the Legislature [shall be] is eligible to fill the

vacancy occasioned by such removal.

And be it further

    Resolved, That Section 8 of Article 15 of the Nevada

Constitution be amended to read as follows:

    [Sec:] Sec. 8. The Legislature shall provide for the

speedy publication of all Statute laws of a general nature [,]

and such decisions of the Supreme Court[,] and the Court of

Appeals, if established by the Legislature, as it may deem

expedient . [; and all] All laws and judicial decisions [shall]

must be free for publication by any person . [; Provided, that

no] No judgment of the Supreme Court or the Court of

Appeals shall take effect and be operative until the Opinion of

the Court in such case [shall be] is filed with the Clerk of said

Court.

 

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