Existing law provides for the appointment of a deputy clerk for the justice court who, under the supervision of the justice of the peace, performs clerical functions for the justice court. Existing law requires the deputy clerk to: (1) take the constitutional oath of office; and (2) give an official bond. Existing law also provides that the county clerk is not personally liable on his or her bond or otherwise for the acts of a deputy clerk. (NRS 4.350) Section 4 of this bill: (1) changes the title of the position of “deputy clerk” for the justice court to “clerk of the court”; and (2) revises the manner in which such a clerk is appointed. Section 4 also removes the requirement that such a clerk take an oath of office or give an official bond. Finally, section 4 removes provisions limiting the liability of the county clerk for the acts of a clerk of the court. Sections 2, 7 and 9-12 of this bill make conforming changes related to the change in title. With certain exceptions, existing law provides that, in criminal cases, the jurisdiction of a justice of the peace extends to the limit of the county line of the county of the justice of the peace. (NRS 4.370) Section 5 of this bill removes one such exception, which extends the jurisdiction of a justice of the peace in the case of an arrest made by a member of the Nevada Highway Patrol. Existing law authorizes a justice court to transfer a criminal case to another justice court in this State in certain circumstances, if: (1) the case involves criminal conduct that occurred outside the county or township where the court is located, and the defendant has appeared before a magistrate; (2) the transfer is necessary to promote access to justice for the defendant; or (3) the defendant agrees to participate in a program of treatment. (NRS 4.3713) Section 6 of this bill removes the requirement that a defendant must have appeared before a magistrate in order to transfer a case that involves criminal conduct that occurred outside a county or township where the court is located. Section 6 also authorizes a justice court to transfer a case if all of the justices of the peace in the court have either recused themselves or been disqualified from presiding over the case. Finally, section 6 removes a prohibition against transferring certain cases until a plea agreement has been reached or the court has made a final disposition. Existing law authorizes a court, under certain circumstances, to order a convicted person to perform community service in lieu of all or a part of any fine, administrative assessment, fee or imprisonment that may be imposed for the commission of a misdemeanor. Existing law requires a court that ordered a convicted person to perform community service to provide a credit of $10 or the amount of the state minimum wage if health insurance is not offered, whichever is greater, toward the payment of any fine that was imposed against the person for the commission of the offense for which the person was ordered to perform community service. (NRS 176.087) Section 8 of this bill revises this requirement by requiring a court to provide a credit of not less than the state minimum wage toward the payment of a fine. Section 13 of this bill removes certain obsolete provisions of law relating to successors of a justice of the peace. (NRS 4.290, 4.300)

Statutes affected:
As Introduced: 1.130, 1.170, 4.060, 4.350, 4.370, 4.3713, 6.160, 176.087, 178.544, 178.548, 178.606, 239.110
Reprint 1: 1.170, 4.350, 4.370, 4.3713, 6.160, 176.087, 178.544, 178.548, 178.606, 239.110
As Enrolled: 1.170, 4.350, 4.370, 4.3713, 6.160, 176.087, 178.544, 178.548, 178.606, 239.110