Based on the constitutional separation of powers, the judiciary has inherent authority to manage and control its employees, including their selection, appointment, promotion, discipline and termination, and if the other branches of government take any legislative or executive actions that directly interfere with the judiciary's personnel decisions, such interference violates the separation of powers doctrine because it unconstitutionally infringes on the judiciary's inherent authority to manage and control its employees. (City of Sparks v. Sparks Mun. Court, 129 Nev. 348, 362-66 (2013)) Under existing law, in each county whose population is 700,000 or more (currently Clark County), the judge of each district court and the justice of the peace of each justice court may appoint a deputy marshal for the court instead of a bailiff, and the deputy marshal serves at the pleasure of the judicial officer making the appointment. (NRS 3.310, 4.353; State ex rel. Vogel v. Grierson, No. 62225, 2014 WL 1226461 (Nev. Mar. 21, 2014) (explaining that deputy marshals “are more like employees than public officers because each ‘deputy marshal serves at the pleasure of the judge he or she serves.' ”)) As a general rule, when a person serves at the pleasure of the appointing authority, the person is considered to be an at-will employee, and the appointing authority has the right to discharge the person for any reason, with or without cause, so long as the reason does not violate public policy. (Nigro v. Nev. State Bd. of Cosmetology, 103 Nev. 496, 497-98 (1987); Wayment v. Holmes, 112 Nev. 232, 235-36 (1996); Dillard Dep't Stores, Inc. v. Beckwith, 115 Nev. 372, 376 (1999)) This bill revises existing law relating to deputy marshals in each county whose population is 700,000 or more (currently Clark County). First, this bill provides that the judge of each district court and the justice of the peace of each justice court shall appoint for the court a deputy marshal instead of a bailiff. However, this bill also provides that before such a judicial officer appoints a deputy marshal, the judicial officer must first consider whether there are any qualified and available county employees to serve in the position. Further, this bill provides that after the judicial officer appoints a deputy marshal, regardless of whether the person is a county employee when appointed, the deputy marshal shall be deemed to be a county employee, except that during his or her judicial service: (1) the deputy marshal serves at the pleasure of the judicial officer making the appointment; and (2) the rules and policies that apply to other county employees do not apply to the deputy marshal, unless otherwise provided by the judicial officer. Finally, this bill provides that if the judicial officer ends the service of the deputy marshal in the court of that judicial officer for any reason that does not violate any applicable federal or state law or public policy governing such service, the deputy marshal has no right to serve in that court. However, the deputy marshal remains a county employee and his or her continued employment is subject to the rules and policies that apply to other county employees, including, without limitation, the rules and policies that govern reassignment, transfer, discharge, demotion or discipline.

Statutes affected:
As Introduced: 3.310, 4.353
BDR: 3.310, 4.353