Existing law requires various courts in this State to follow certain policies and procedures. (Chapters 1-5 of NRS) Section 1 of this bill replaces a requirement that the telephone number for the office of each judge be published in a telephone directory with a requirement that the contact information for the office of each judge be made available to the public. (NRS 1.055)
Existing law authorizes a judge to issue an order directing that court be held at a location other than the location at which the judge regularly holds court under certain specific emergency circumstances. (NRS 1.070) Section 2 of this bill authorizes a judge to issue an order directing, instead, that court be held: (1) at any other place or location other than the place or location at which the judge regularly holds court under more generalized emergency circumstances; and (2) by means of remote communication when necessary to promote the interest of justice. Section 3 of this bill makes a conforming change relating to the appearance of parties by means of remote communication if a judge issues an order directing that court be held remotely.
Section 4 of this bill removes an obsolete prohibition against excluding a minor who is a law student from a criminal trial.
Existing law authorizes: (1) the Nevada Supreme Court to adopt rules relating to the electronic filing, storage and reproduction of documents filed with the court of justice in this State; and (2) each court of justice to provide for such filing, storage and documentation in accordance with the rules adopted by the Supreme Court. (NRS 1.117) Section 5 of this bill instead requires the Supreme Court to adopt such rules and removes the explicit statutory authorization for other courts of justice in this State to provide for such filing, storage and documentation in accordance with such rules.
Existing law authorizes certain courts to conduct business on nonjudicial days for the purpose of receiving telephone calls relating to the issuance of certain orders for protection. (NRS 1.130) Section 6 of this bill expands the purposes for which such courts are authorized to transact business on nonjudicial days by authorizing the courts to conduct business on nonjudicial days for the purposes of receiving any electronic communication relating to the issuance of a temporary or emergency order for protection. Section 31 of this bill makes conforming changes related to the granting of such an order.
Existing law requires each court of justice to have a seal and prescribes requirements relating to the custody and use of such seals. (NRS 1.140-1.190) Section 37 of this bill repeals various provisions which prescribe requirements relating to seals. Section 7 of this bill instead requires: (1) each court of justice in this State to have a seal; and (2) the Nevada Supreme Court to adopt rules relating to the format, use and storage of such seals.
Existing law prescribes a procedure for disqualifying certain judges for actual or implied bias or prejudice and requires any party to an action or proceeding pending in certain courts who seeks to disqualify a judge for actual or implied bias or prejudice to: (1) file an affidavit specifying the facts upon which the disqualification is sought; and (2) if the party is represented by an attorney, have the attorney of record file a certificate which states that the affidavit is filed in good faith and not interposed for delay. (NRS 1.235) Section 8 of this bill: (1) removes the requirement that an attorney must file such a certificate and instead requires any party, regardless of whether the party is represented by an attorney, to file an affidavit that includes certain statements supporting the assertion that the affidavit is filed in good faith.
Existing law prohibits a judge or justice of the peace from having a partner acting as an attorney or counsel in any court in this State. (NRS 1.270) Section 8.5 of this bill additionally prohibits a judge or justice of the peace from having an associate acting as an attorney under the same circumstances. Section 8.5 creates an exception to these prohibitions for part-time judges under certain circumstances.
Existing law requires the Nevada Supreme Court to appoint a Court Administrator and prescribes the duties of the Court Administrator. (NRS 1.330, 1.360) Section 9 of this bill removes from the duties of the Court Administrator the duty to: (1) examine the condition of the dockets of the courts; and (2) make certain recommendations relating to the assignment of district judges.
Existing law provides for the adoption of regulations by the Commission on Judicial Selection, the Court Administrator, the Nevada Supreme Court and certain chief judges or justices relating to the Judicial Department of State Government. (NRS 1.400, 1.510, 1.520, 2.410, 3.025, 4.155, 4.157, 5.021) In general, existing law requires regulations adopted by agencies of the Executive Department of the State Government to be adopted through a rulemaking process. (Chapter 233B of NRS) Sections 10, 12-15, 25, 26, 28-30 and 32-34 of this bill replace the term “regulation” with the term “rule” and make conforming changes related to this change.
Section 11 of this bill revises provisions governing the compensation of court interpreters and translators.
Existing law requires the Chief Justice of the Nevada Supreme Court to appoint a committee to provide certain advice relating to the certification or registration of court interpreters. Existing law also prescribes the membership and duties of the committee. (NRS 1.530) Section 14 of this bill removes requirements relating to the appointment of certain members of the committee. Section 14 also: (1) authorizes the chair of the committee to designate a vice chair of the committee; and (2) revises the contents of the annual report the committee is required to submit to the Legislature.
Section 16 of this bill replaces certain requirements prescribed by existing law relating to the process by which a person may petition the Court Administrator to determine whether his or her criminal history will disqualify him or her from obtaining a certificate or registration as a court interpreter with a requirement that the Court Administrator adopt rules for this process.
Existing law codifies in statute certain provisions relating to the process set forth in the Nevada Constitution regarding the filling of vacancies in the office of justice of the Nevada Supreme Court. (Nev. Const. Art. 6, § 20; NRS 2.040) Section 17 of this bill additionally codifies in statute the date on which the term of office for a justice appointed to fill a vacancy on the Court expires. Section 18 of this bill removes a requirement that certain rules adopted by the Court be published and take effect within a prescribed period. (NRS 2.120)
Sections 19 and 27 of this bill revise and modernize statutory language relating to: (1) the circumstances under which certain courts may direct the sheriff of a county to provide a place to conduct court; and (2) the resources a county is required to provide upon receiving such a directive.
Section 20 of this bill removes provisions relating to the use of a facsimile signature by a justice of the Nevada Supreme Court and replaces those provisions with a requirement that the Court provide by rule for the use of a digital or electronic signature by each justice of the Court.
Existing law authorizes or requires the Nevada Supreme Court to employ certain officers and employees. (NRS 2.200-2.310) Section 24 of this bill revises provisions relating to the employment by the Court of certain employees by: (1) removing language authorizing a majority of justices of the Court to employ certain persons; and (2) authorizing the Court to employ personnel necessary for the operation, maintenance and improvement of the Court and the State Court System. Section 21 of this bill removes outdated language relating to the expiration of the term of a person elected to the office of Clerk of the Nevada Supreme Court. Sections 22 and 23 of this bill remove language authorizing a majority of justices to appoint and employ persons for the safety and security of the justices and employees of the Nevada Supreme Court.
Existing law authorizes a court to issue certain orders for protection against high-risk behavior. (NRS 33.500-33.670) Existing law additionally provides, under certain circumstances, that an order for protection against domestic violence which is issued by the court of another state, territory or Indian tribe within the United States is valid and must be accorded full faith and credit and enforced by the courts and law enforcement officers of this State as if it were issued by a court in this State. (NRS 33.085) Section 30.5 of this bill similarly requires an order for protection against high-risk behavior which is issued by the court of another state, territory or Indian tribe within the United States to be accorded full faith and credit and enforced by the courts and law enforcement officers of this State.
Existing law requires five justices of the Nevada Supreme Court and each judge of the Court of Appeals, other than the initial three judges, to be elected. (NRS 281.010) Section 35 of this bill removes the references to: (1) the specific number of justices on the Nevada Supreme Court; and (2) the initial judges appointed to the Court of Appeals.
Section 37 repeals various provisions of law relating to the Judicial Department, including provisions relating to the seals of certain courts, the qualifications of certain employees and the submission of certain reports.
Statutes affected: As Introduced: 1.055, 1.070, 1.080, 1.090, 1.117, 1.130, 1.140, 1.235, 1.360, 1.400, 1.500, 1.510, 1.520, 1.530, 1.540, 1.545, 2.040, 2.120, 2.150, 2.195, 2.200, 2.290, 2.295, 2.300, 2.410, 3.025, 3.100, 4.155, 4.157, 5.021, 33.020, 50.054, 50.0545, 62D.405, 281.010
Reprint 1: 1.055, 1.070, 1.080, 1.090, 1.117, 1.130, 1.140, 1.235, 1.270, 1.360, 1.400, 1.500, 1.510, 1.520, 1.530, 1.540, 1.545, 2.040, 2.120, 2.150, 2.195, 2.200, 2.290, 2.295, 2.300, 2.410, 3.025, 3.100, 4.155, 4.157, 5.021, 33.020, 33.500, 50.054, 50.0545, 62D.405, 281.010
Reprint 2: 1.055, 1.070, 1.080, 1.090, 1.117, 1.130, 1.140, 1.235, 1.270, 1.360, 1.400, 1.500, 1.510, 1.520, 1.530, 1.540, 1.545, 2.040, 2.120, 2.150, 2.195, 2.200, 2.290, 2.295, 2.300, 2.410, 3.025, 3.100, 4.155, 4.157, 5.021, 33.020, 33.500, 50.054, 50.0545, 62D.405, 281.010
As Enrolled: 1.055, 1.070, 1.080, 1.090, 1.117, 1.130, 1.140, 1.235, 1.270, 1.360, 1.400, 1.500, 1.510, 1.520, 1.530, 1.540, 1.545, 2.040, 2.120, 2.150, 2.195, 2.200, 2.290, 2.295, 2.300, 2.410, 3.025, 3.100, 4.155, 4.157, 5.021, 33.020, 33.500, 50.054, 50.0545, 62D.405, 281.010