Article 6, Nevada Constitution

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Article 6 of the Nevada Constitution is entitled Judicial Department and consists of 39 sections.

Section 1

Text of Section 1:

Judicial Power Vested in Court System

[Effective through November 24, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

The judicial power of this State shall be vested in a court system, comprising a Supreme Court, 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.[1]

Amendments

  • Amended in 1976. Proposed and passed by the 1973 Legislature; agreed to and passed by the 1975 Legislature; and approved and ratified by the people at the 1976 General Election. See: Statutes of Nevada 1973, p. 1960; Statutes of Nevada 1975, p. 1934.

Section 1

Text of Section 1:

Judicial Power Vested in Court System

[Effective November 25, 2014, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.] 

The judicial power of this State is vested in a court system, comprising a Supreme Court, a court of appeals, 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.[1]

Amendments

  • Amended in 1976. Proposed and passed by the 1973 Legislature; agreed to and passed by the 1975 Legislature; and approved and ratified by the people at the 1976 General Election. See: Statutes of Nevada 1973, p. 1960; Statutes of Nevada 1975, p. 1934.]—(Proposed amendment passed by the 2011 Legislature; agreed to and passed by the 2013 Legislature; effective November 25, 2014, if approved and ratified by the voters at the 2014 General Election. See Statutes of Nevada 2011, p. 3836; Statutes of Nevada 2013, p. 3968.

Section 2

Text of Section 2:

Supreme Court: Composition; Staggered Terms of Justices; Holding of Court by Panels of Justices and Full Court

1. The Supreme Court consists of the Chief Justice and two or more associate justices, as may be provided by law. In increasing or diminishing the number of associate justices, the Legislature shall provide for the arrangement of their terms so that an equal number of terms, as nearly as may be, expire every 2 years.

2. The Legislature may provide by law:

(a) If the Court consists of more than five justices, for the hearing and decision of cases by panels of no fewer than three justices, the resolution by the full Court of any conflicts between decisions so rendered, and the kinds of cases which must be heard by the full Court.

(b) For the places of holding court by panels of justices if established, and by the full Court.[1]

Amendments

  • Amended in 1976. Proposed and passed by the 1973 Legislature; agreed to and passed by the 1975 Legislature; and approved and ratified by the people at the 1976 General Election. See: Statutes of Nevada 1973, p. 1952; Statutes of Nevada 1975, p. 1980.

Section 3

Text of Section 3:

Justices of Supreme Court: Election; terms; Chief Justice

The justices of the Supreme Court, shall be elected by the qualified electors of the State at the general election, and shall hold office for the term of six years from and including the first Monday of January next succeeding their election; provided, that there shall be elected, at the first election under this Constitution, three justices of the Supreme Court who shall hold office from and including the first Monday of December A.D., eighteen hundred and sixty four, and continue in office thereafter, two, four and six years respectively, from and including the first Monday of January next suceeding [succeeding] their election. They shall meet as soon as practicable after their election and qualification, and at their first meeting shall determine by lot, the term of office each shall fill, and the justice drawing the shortest term shall be Chief Justice, and after the expiration of his term, the one having the next shortest term shall be Chief Justice, after which the senior justice in commission shall be Chief Justice; and in case the commission of any two or more of said justices shall bear the same date, they shall determine by lot, who shall be Chief Justice.[1]

Section 3A

Text of Section 3A:

Court of appeals: Composition; panel of judges; appointment, election and terms of judges; chief judge; service of judges as supplemental district judges

[Effective November 25, 2014, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

1.  The court of appeals consists 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 must provide by rule for the assignment of each appeal to a panel of three judges for decision.

2.  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 three judges of the court of appeals must be appointed by the Governor from among three nominees selected for each individual seat by the permanent Commission on Judicial Selection described in subsection 3 of section 20 of this Article. After the expiration of 30 days from the date on which the permanent Commission on Judicial Selection has delivered to the Governor its list of nominees for the initial judges, if the Governor has not made the appointments required by this Section, the Governor shall make no other appointment to any public office until the Governor has appointed a judge from the list submitted. The term of the initial judges is 2 years beginning on the first Monday of January next after the effective date of this Section, and an initial judge may succeed himself. 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 of 6 years beginning on the first Monday of January next after the election.

3.  The Chief Justice of 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, except that the term of the initial chief judge is 2 years. The chief judge may succeed himself. The chief judge may resign the position of chief judge without resigning from the court of appeals.

4.  The Supreme Court shall provide by rule for the assignment of one or more judges of the court of appeals to devote a part of their time to serve as supplemental district judges, where needed.[1]

Amendments

  • Proposed addition passed by the 2011 Legislature; agreed to and passed by the 2013 Legislature; effective November 25, 2014, if approved and ratified by the voters at the 2014 General Election. See Statutes of Nevada 2011, p. 3835; Statutes of Nevada 2013, p. 3968.

Section 4

Text of Section 4:

Jurisdiction of Supreme Court; appointment of district judge to sit for disabled or disqualified justice

[Effective through November 24, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

The Supreme Court shall 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 court shall 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 jurisdiction. Each of the justices shall have power to issue writs of habeas corpus to any part of the State, upon petition by, or on behalf of, any person held in actual custody, and may make such writs returnable, before himself or the Supreme Court, or before any district court in the State or before any judge of said courts.

In case of the disability or disqualification, for any cause, of the Chief Justice or one of the associate justices of the Supreme Court, or any two of them, the Governor is authorized and empowered to designate any district judge or judges to sit in the place or places of such disqualified or disabled justice or justices, and said judge or judges so designated shall receive their actual expense of travel and otherwise while sitting in the Supreme Court.[1]

Amendments

  • Amended in 1920, 1976 and 1978. The first amendment was proposed and passed by the 1917 Legislature; agreed to and passed by the 1919 Legislature; and approved and ratified by the people at the 1920 General Election. See: Statutes of Nevada 1917, p. 491; Statutes of Nevada 1919, p. 485. The second amendment was proposed and passed by the 1973 Legislature; agreed to and passed by the 1975 Legislature; and approved and ratified by the people at the 1976 General Election. See: Statutes of Nevada 1973, p. 1953; Statutes of Nevada 1975, p. 1981. The third amendment was proposed and passed by the 1975 Legislature; agreed to and passed by the 1977 Legislature; and approved and ratified by the people at the 1978 General Election. See: Statutes of Nevada 1975, p. 1951; Statutes of Nevada 1977, p. 1690.

Section 4

Text of Section 4:

Jurisdiction of Supreme Court and court of appeals; appointment of judge to sit for disabled or disqualified justice or judge

[Effective November 25, 2014, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

1.  The Supreme Court and the court of appeals 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 Supreme Court shall fix by rule the jurisdiction of the court of appeals and shall provide for the review, where appropriate, of appeals decided by the court of appeals. The Supreme Court and the court of appeals 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 their jurisdiction. Each 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 the issuing justice or judge or the court of which the justice or judge is a member, or before any district court in the State or any judge of a district court.

2.  In case of the disability or disqualification, for any cause, of a justice of the Supreme Court, the Governor may designate a judge of the court of appeals or a district judge to sit in the place of the disqualified or disabled justice. 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 the 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 whom the Governor designates is entitled to receive his actual expense of travel and otherwise while sitting in the court of appeals.[1]

Amendments

  • Amended in 1920, 1976 and 1978. The first amendment was proposed and passed by the 1917 Legislature; agreed to and passed by the 1919 Legislature; and approved and ratified by the people at the 1920 General Election. See: Statutes of Nevada 1917, p. 491; Statutes of Nevada 1919, p. 485. The second amendment was proposed and passed by the 1973 Legislature; agreed to and passed by the 1975 Legislature; and approved and ratified by the people at the 1976 General Election. See: Statutes of Nevada 1973, p. 1953; Statutes of Nevada 1975, p. 1981. The third amendment was proposed and passed by the 1975 Legislature; agreed to and passed by the 1977 Legislature; and approved and ratified by the people at the 1978 General Election. See: Statutes of Nevada 1975, p. 1951; Statutes of Nevada 1977, p. 1690.]—(Proposed amendment passed by the 2011 Legislature; agreed to and passed by the 2013 Legislature; effective November 25, 2014, if approved and ratified by the voters at the 2014 General Election. See Statutes of Nevada 2011, p. 3836; Statutes of Nevada 2013, p. 3969.

Section 5

Text of Section 5:

Judicial Districts; Election and Terms of District Judges

The State is hereby divided into nine judicial districts of which the County of Storey shall constitute the First; The County of Ormsby the Second; the County of Lyon the Third; The County of Washoe the Fourth; The Counties of Nye and Churchill the Fifth; The County of Humboldt the Sixth; The County of Lander the Seventh; The County of Douglas the Eighth; and the County of Esmeralda the Ninth. The County of Roop shall be attached to the County of Washoe for judicial purposes until otherwise provided by law. The Legislature may, however, provide by law for an alteration in the boundaries or divisions of the districts herein prescribed, and also for increasing or diminishing the number of the judicial districts and judges therein. But no such change shall take effect, except in case of a vacancy, or the expiration of the term of an incumbent of the office. At the first general election under this Constitution there shall be elected in each of the respective districts (except as in this Section hereafter otherwise provided) one district judge, who shall hold office from and including the first Monday of December A.D., eighteen hundred and sixty four and until the first Monday of January in the year eighteen hundred and sixty seven. After the said first election, there shall be elected at the general election which immediately precedes the expiration of the term of his predecessor, one district judge in each of the respective judicial districts (except in the First District as in this Section hereinafter provided.) The district judges shall be elected by the qualified electors of their respective districts, and shall hold office for the term of 6 years (excepting those elected at said first election) from and including the first Monday of January, next succeeding their election and qualification; provided, that the First Judicial District shall be entitled to, and shall have three district judges, who shall possess co-extensive and concurrent jurisdiction, and who shall be elected at the same times, in the same manner, and shall hold office for the like terms as herein prescribed, in relation to the judges in other judicial districts, any one of said judges may preside on the empanneling [empaneling] of grand juries and the presentment and trial on indictments, under such rules and regulations as may be prescribed by law.[1]

Amendments

  • Amended in 1976. Proposed and passed by the 1973 legislature; agreed to and passed by the 1975 legislature; and approved and ratified by the people at the 1976 general election. See: Statutes of Nevada 1973, p. 1955; Statutes of Nevada 1975, p. 1932.

Section 6

Text of Section 6:

District Courts: Jurisdiction; referees; family court

1.  The District Courts in the several Judicial Districts of this State have original jurisdiction in all cases excluded by law from the original jurisdiction of justices’ courts. They also have final appellate jurisdiction in cases arising in Justices Courts and such other inferior tribunals as may be established by law. The District Courts and the Judges thereof have power to issue writs of Mandamus, Prohibition, Injunction, Quo-Warranto, Certiorari, and all other writs proper and necessary to the complete exercise of their jurisdiction. The District Courts and the Judges thereof shall also have power to issue writs of Habeas Corpus on petition by, or on behalf of any person who is held in actual custody in their respective districts, or who has suffered a criminal conviction in their respective districts and has not completed the sentence imposed pursuant to the judgment of conviction.

2.  The legislature may provide by law for:

(a) Referees in district courts.

(b) The establishment of a family court as a division of any district court and may prescribe its jurisdiction.[1]

Amendments

  • Amended in 1978, 1986, 1990 and 1992. The first amendment was proposed and passed by the 1975 legislature; agreed to and passed by the 1977 legislature; and approved and ratified by the people at the 1978 general election. See: Statutes of Nevada 1975, p. 1951; Statutes of Nevada 1977, p. 1690. The second amendment was proposed and passed by the 1983 legislature; agreed to and passed by the 1985 legislature; and approved and ratified by the people at the 1986 general election. See: Statutes of Nevada 1983, p. 2188; Statutes of Nevada 1985, p. 2332. The third amendment was proposed and passed by the 1987 legislature; agreed to and passed by the 1989 legislature; and approved and ratified by the people at the 1990 general election. See: Statutes of Nevada 1987, p. 2444; Statutes of Nevada 1989, p. 2222. The fourth amendment was proposed and passed by the 1989 legislature; agreed to and passed by the 1991 legislature; and approved and ratified by the people at the 1992 general election. See Statutes of Nevada 1989, p. 2269; Statutes of Nevada 1991, p. 2494.

Section 7

Text of Section 7:

Terms of Courts

[Effective through November 24, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.] 

The times of holding the Supreme Court and district courts shall be as fixed by law. The terms of the Supreme Court shall 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 district courts shall be held at the county seats of their respective counties unless the Legislature otherwise provides by law.[1]

Amendments

  • Amended twice in 1976 and in 1998. The first and second amendments were proposed and passed by the 1973 Legislature; agreed to and passed by the 1975 Legislature; and approved and ratified by the people at the 1976 General Election. See: Statutes of Nevada 1973, pp. 1940 and 1953; Statutes of Nevada 1975, pp. 1870 and 1981. The first and second amendments were combined pursuant to Nev. Art. 16, § 1. The third amendment was proposed and passed by the 1995 Legislature; agreed to and passed by the 1997 Legislature; and approved and ratified by the people at the 1998 General Election. See: Statutes of Nevada 1995, p. 2964; Statutes of Nevada 1997, p. 3598.

Section 7

Text of Section 7:

Terms of Courts

[Effective November 25, 2014, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

The times of holding the Supreme Court, the court of appeals and the district courts must be as fixed by law. The terms of the Supreme Court 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 must be held at the county seats of their respective counties unless the Legislature otherwise provides by law.[1]

Amendments

  • Amended twice in 1976 and in 1998. The first and second amendments were proposed and passed by the 1973 Legislature; agreed to and passed by the 1975 Legislature; and approved and ratified by the people at the 1976 General Election. See: Statutes of Nevada 1973, pp. 1940 and 1953; Statutes of Nevada 1975, pp. 1870 and 1981. The first and second amendments were combined pursuant to Nev. Art. 16, § 1. The third amendment was proposed and passed by the 1995 Legislature; agreed to and passed by the 1997 Legislature; and approved and ratified by the people at the 1998 General Election. See: Statutes of Nevada 1995, p. 2964; Statutes of Nevada 1997, p. 3598.]—(Proposed amendment passed by the 2011 Legislature; agreed to and passed by the 2013 Legislature; effective November 25, 2014, if approved and ratified by the voters at the 2014 General Election. See Statutes of Nevada 2011, p. 3837; Statutes of Nevada 2013, p. 3969.

Section 8

Text of Section 8:

Number, qualifications, terms of office and jurisdiction of justices of the peace; appeals; courts of record

[Effective through November 24, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

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.

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 district courts, and such other courts, as the Legislature shall designate, shall be courts of record.[1]

Amendments

  • Amended in 1978. Proposed and passed by the 1975 Legislature; agreed to and passed by the 1977 Legislature; and approved and ratified by the people at the 1978 General Election. See: Statutes of Nevada 1975, p. 1952; Statutes of Nevada 1977, p. 1691.

Section 8

Text of Section 8:

Number, qualifications, terms of office and jurisdiction of justices of the peace; appeals; courts of record

[Effective November 25, 2014, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

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.

2.  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.

3.  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 designates are courts of record.[1]

Amendments

  • Amended in 1978. Proposed and passed by the 1975 Legislature; agreed to and passed by the 1977 Legislature; and approved and ratified by the people at the 1978 General Election. See: Statutes of Nevada 1975, p. 1952; Statutes of Nevada 1977, p. 1691.]—(Proposed amendment passed by the 2011 Legislature; agreed to and passed by the 2013 Legislature; effective November 25, 2014, if approved and ratified by the voters at the 2014 General Election. See Statutes of Nevada 2011, p. 3837; Statutes of Nevada 2013, p. 3970.

Section 9

Text of Section 9:

Municipal Courts

Provision shall be made by law prescribing the powers[,] duties and responsibilities of any Municipal Court that may be established in pursuance of Section One, of this Article; and also fixing by law the jurisdiction of said Court so as not to conflict with that of the several courts of Record.[1]

Section 10

Text of Section 10:

Fees or Perquisites of Judicial Officers

No Judicial Officer, except Justices of the Peace and City Recorders shall receive to his own use any fees or perquisites of Office[.][1]

Section 11

Text of Section 11:

Justices and judges ineligible for other offices

[Effective through November 24, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

The justices of the Supreme Court and the district judges shall be ineligible to any office, other than a judicial office, during the term for which they shall have been elected or appointed; and 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 void.[1]

Amendments

  • Amended in 1950. Proposed and passed by the 1947 Legislature; agreed to and passed by the 1949 Legislature; and approved and ratified by the people at the 1950 General Election. See: Statutes of Nevada 1947, p. 878; Statutes of Nevada 1949, p. 684.

Section 11

Text of Section 11:

Justices and Judges Ineligible for Other Offices

[Effective November 25, 2014, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.] 

The justices of the Supreme Court, the judges of the court of appeals and the district judges are ineligible to any office, other than a judicial office, during the term for which they have been elected or appointed. All elections or appointments of any such judges by the people, Legislature or otherwise during said period to any office other than judicial are void.[1]

Amendments

  • Amended in 1950. Proposed and passed by the 1947 Legislature; agreed to and passed by the 1949 Legislature; and approved and ratified by the people at the 1950 General Election. See: Statutes of Nevada 1947, p. 878; Statutes of Nevada 1949, p. 684.]—(Proposed amendment passed by the 2011 Legislature; agreed to and passed by the 2013 Legislature; effective November 25, 2014, if approved and ratified by the voters at the 2014 General Election. See Statutes of Nevada 2011, p. 3837; Statutes of Nevada 2013, p. 3970.

Section 12

Text of Section 12:

Judge Not to Charge Jury Respecting Matters of Fact; Statement of Testimony and Declaration of Law

Judges shall not charge juries in respect to matters of fact, but may state the testimony and declare the law.[1]

Section 13

Text of Section 13:

Style of Process

The style of all process shall be “The State of Nevada” and all prosecutions shall be conducted in the name and by the authority of the same.[1]

Section 14

Text of Section 14:

One Form of Civil Action

There shall be but one form of civil action, and law and equity may be administered in the same action.[1]

Section 15

Text of Section 15:

Compensation of Justices and Judges

[Effective through November 24, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

The justices of the Supreme Court and district judges shall each receive for their services a compensation to be fixed by law and paid in the manner provided by law, which shall 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 receive only such salary as may be provided by law at the time of his election or appointment; and provision shall be made by law for setting apart from each year’s revenue a sufficient amount of money, to pay such compensation.[1]

Amendments

  • Amended in 1968. Proposed and passed by the 1965 Legislature; agreed to and passed by the 1967 Legislature; and approved and ratified by the people at the 1968 General Election. See: Statutes of Nevada 1965, p. 1487; Statutes of Nevada 1967, p. 1787.

Section 15

Text of Section 15:

Compensation of Justices and Judges

[Effective November 25, 2014, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

The justices of the Supreme Court, the judges of the court of appeals and the district judges are each entitled to receive for their services a compensation to be fixed by law and paid in the manner provided by law, which must not be increased or diminished during the term for which they have been elected, unless a vacancy occurs, in which case the successor of the former incumbent is entitled to receive only such salary as may be provided by law at the time of his election or appointment. A provision must be made by law for setting apart from each year’s revenue a sufficient amount of money to pay such compensation.[1]

Amendments

  • Amended in 1968. Proposed and passed by the 1965 Legislature; agreed to and passed by the 1967 Legislature; and approved and ratified by the people at the 1968 General Election. See: Statutes of Nevada 1965, p. 1487; Statutes of Nevada 1967, p. 1787.]—(Proposed amendment passed by the 2011 Legislature; agreed to and passed by the 2013 Legislature; effective November 25, 2014, if approved and ratified by the voters at the 2014 General Election. See Statutes of Nevada 2011, p. 3838; Statutes of Nevada 2013, p. 3970.

Section 16

Text of Section 16:

Special Fee in Civil Action for Compensation of Judges

The Legislature at its first Session, and from time to time thereafter shall provide by law, that upon the institution of each civil action, and other proceedings, and also upon the perfecting of an appeal in any civil action or proceeding, in the several Courts of Record in this State, a special Court fee, or tax shall be advanced to the Clerks of said Courts, respectively by the party or parties bringing such action or proceeding, or taking such appeal and the money so paid in shall be accounted for by such Clerks, and applied towards the payment of the compensation of the Judges of said Courts, as shall be directed by law.[1]

Section 17

Text of Section 17:

Absence of Judicial Officer from State; Vacation of Office

The Legislature shall have no power to grant leave of absence to a Judicial Officer, and any such Officer who shall absent himself from the State for more than Ninety consecutive days, shall be deemed to have vacated his Office[.][1]

Section 18

Text of Section 18:

Territorial Judicial Officers Not Superseded Until Election and Qualification of Successors

No Judicial Officer shall be superceeded [superseded] nor shall the Organization of the several Courts of the Territory of Nevada be changed until the election and qualification of the several Officers provided for in this article[.][1]

Section 19

Text of Section 19:

Administration of Court System by Chief Justice

1. The chief justice is the administrative head of the court system. Subject to such rules as the supreme court may adopt, the chief justice may:

(a) Apportion the work of the supreme court among justices.

(b) Assign district judges to assist in other judicial districts or to specialized functions which may be established by law.

(c) Recall to active service any retired justice or judge of the court system who consents to such recall and who has not been removed or retired for cause or defeated for retention in office, and may assign him to appropriate temporary duty within the court system.

2. In the absence or temporary disability of the chief justice, the associate justice senior in commission shall act as chief justice.

3. This section becomes effective July 1, 1977.[1]

Amendments

  • Added in 1976. Proposed and passed by the 1973 legislature; agreed to and passed by the 1975 legislature; and approved and ratified by the people at the 1976 general election. See: Statutes of Nevada 1973, p. 1960; Statutes of Nevada 1975, p. 1934.

Section 20

Text of Section 20:

Filling of Vacancies Occurring Before Expiration of Term of Office in Supreme Court or Among District Judges; Commission on Judicial Selection

[Effective through November 24, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

1.  When a vacancy occurs before the expiration of any term of office in the Supreme Court 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 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 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 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 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.[1]

Amendments

  • Added in 1976. Proposed and passed by the 1973 Legislature; agreed to and passed by the 1975 Legislature; and approved and ratified by the people at the 1976 General Election. See: Statutes of Nevada 1973, p. 1954; Statutes of Nevada 1975, p. 1872.

Section 20

Text of Section 20:

Filling of Vacancies Occurring Before Expiration of Term of Office in Supreme Court or Among District Judges; Commission on Judicial Selection

[Effective November 25, 2014, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

1.  When a vacancy occurs before the expiration of any term of office in the Supreme Court or the court of appeals 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 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 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 must be appointed when a vacancy occurs, and their terms 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 the 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.[1]

Amendments

  • Added in 1976. Proposed and passed by the 1973 Legislature; agreed to and passed by the 1975 Legislature; and approved and ratified by the people at the 1976 General Election. See: Statutes of Nevada 1973, p. 1954; Statutes of Nevada 1975, p. 1872.]—(Proposed amendment passed by the 2011 Legislature; agreed to and passed by the 2013 Legislature; effective November 25, 2014, if approved and ratified by the voters at the 2014 General Election. See Statutes of Nevada 2011, p. 3838; Statutes of Nevada 2013, p. 3970.

Section 21

Text of Section 21:

Commission on Judicial Discipline; Code of Judicial Conduct

[Effective through November 24, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

1.  A justice of the Supreme Court, 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 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 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 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.[1]

Amendments

  • Added in 1976 and amended in 1994 and 1998. The addition was proposed and passed by the 1973 Legislature; agreed to and passed by the 1975 Legislature; and approved and ratified by the people at the 1976 General Election. See: Statutes of Nevada 1973, p. 1956; Statutes of Nevada 1975, p. 1932. The first amendment was proposed and passed by the 1991 Legislature; agreed to and passed by the 1993 Legislature; and approved and ratified by the people at the 1994 General Election. See: Statutes of Nevada 1991, p. 2590; Statutes of Nevada 1993, p. 2969. The second amendment was proposed and passed by the 1995 Legislature; agreed to and passed by the 1997 Legislature; and approved and ratified by the people at the 1998 General Election. See: Statutes of Nevada 1995, p. 3020; Statutes of Nevada 1997, p. 3596.

Section 21

Text of Section 21:

Commission on Judicial Discipline; Code of Judicial Conduct

[Effective November 25, 2014, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

1.  A justice of the Supreme Court, a judge of the court of appeals, 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 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.[1]

Amendments

  • Added in 1976 and amended in 1994 and 1998. The addition was proposed and passed by the 1973 Legislature; agreed to and passed by the 1975 Legislature; and approved and ratified by the people at the 1976 General Election. See: Statutes of Nevada 1973, p. 1956; Statutes of Nevada 1975, p. 1932. The first amendment was proposed and passed by the 1991 Legislature; agreed to and passed by the 1993 Legislature; and approved and ratified by the people at the 1994 General Election. See: Statutes of Nevada 1991, p. 2590; Statutes of Nevada 1993, p. 2969. The second amendment was proposed and passed by the 1995 Legislature; agreed to and passed by the 1997 Legislature; and approved and ratified by the people at the 1998 General Election. See: Statutes of Nevada 1995, p. 3020; Statutes of Nevada 1997, p. 3596.]—(Proposed amendment passed by the 2011 Legislature; agreed to and passed by the 2013 Legislature; effective November 25, 2014, if approved and ratified by the voters at the 2014 General Election. See Statutes of Nevada 2011, p. 3839; Statutes of Nevada 2013, p. 3971

See also

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