The following shall be the courts of
justice for this State:
1. The Supreme Court.
2. The district courts.
3. Justice Courts.
4. Such municipal courts as may from time to time be established
by the Legislature in incorporated cities or towns.
[1:19:1865; B § 910; BH § 2425; C § 2508; RL § 4828; NCL § 8370]
The following courts are courts of
record:
1. The Supreme Court;
2. The district courts;
3. The Justice Courts; and
4. The municipal courts:
(a) In any case in which a jury trial is required; or
(b) If so designated pursuant to NRS 5.010 .
[41:19:1865; B § 946; BH § 2460; C § 2541; RL § 4861; NCL §
8403]—(NRS A 1979, 1512; 1987, 1786; 1991, 160)
The common law of
England, so far as it is not repugnant to or in conflict with the
Constitution and laws of the United States, or the Constitution and laws
of this State, shall be the rule of decision in all the courts of this
State.
[1911 CPA § 532; RL § 5474; NCL § 9021]
Every written proceeding in a court of
justice in this State, or before a judicial officer, shall be in the
English language; but such abbreviations as are now commonly used in that
language may be used, and numbers may be expressed by figures or
numerals, in the customary manner.
[65:19:1865; B § 970; BH § 2484; C § 2565; RL § 4885; NCL § 8427]
1. Except as otherwise provided in NRS 3.100 , the District Court in and for Carson City
shall sit at Carson City.
2. Except as provided in subsection 4 or NRS 3.100 , every other court of justice, except Justice
or municipal Court, shall sit at the county seat of the county in which
it is held.
3. Justice Courts shall be held in their respective townships,
precincts or cities, and municipal courts in their respective cities.
4. The parties to an action in a district court may stipulate,
with the approval of the court, that the action may be tried, or any
proceeding related to the action may be had, before that court at any
other place in this State where a district court is regularly held.
[51:19:1865; B § 956; BH § 2470; C § 2551; RL § 4871; NCL §
8413]—(NRS A 1969, 312, 591; 1999, 2575
A judge of any court of justice for this state shall cause
the telephone number of his office that is located within the court to be
published in the telephone directory that is provided to the public in
the jurisdiction in which the court is located.
(Added to NRS by 1997, 226)
If no judge attends on
the day appointed, or to which court may have been adjourned before 12
m., the sheriff or clerk shall adjourn the court until the next day at 10
a.m., and if no judge attends on that day before 12 m., the sheriff or
clerk shall adjourn the court until the following day at the same hour;
and so on, from day to day unless the judge, while in or out of the
State, by letter or telegram, orders it to be adjourned to some day
certain, fixed in the order, in which case it shall be so adjourned.
[52:19:1865; A 1869, 136; 1881, 165; BH § 2471; C § 2553; RL §
4872; NCL § 8414]
A judge
authorized to hold or preside at a court appointed to be held in a city,
precinct or town, may, by an order filed with the county clerk and
published as he may prescribe, direct that the court be held or continued
at any other place in the city or county than that appointed, when war,
pestilence, or other public calamity, or the dangers thereof, or the
destruction of the building appointed for holding the court, may render
it necessary; and may, in the same manner, revoke the order and, in his
discretion, appoint another place in the same city or county for holding
the court.
[53:19:1865; B § 958; BH § 2472; C § 2553; RL § 4873; NCL § 8415]
When the court is
held at a place appointed as provided in NRS 1.070 , every person held to appear at the court
shall appear at the place so appointed.
[54:19:1865; B § 959; BH § 2473; C § 2554; RL § 4874; NCL § 8416]
The sitting of every court of justice
shall be public except as otherwise provided by law; but the judge of any
court may exclude any minor during any criminal trial therein except such
minor be on trial, or when testifying as a witness, or when he shall be a
law student preparing to apply for a license to practice law.
[42:19:1865; A 1927, 138; NCL § 8404]
Every
court of this state and every justice, judge or clerk of any court shall
have power to administer oaths or affirmations.
[Part 1911 CPA § 541; RL § 5483; NCL § 9030]
1. A court in this state may enter into contracts with issuers of
credit cards or debit cards to provide for the acceptance of credit cards
or debit cards by the court for the payment of money owed to the court
for a fee, fine, administrative assessment, restitution or any other
charge owed to the court.
2. If the issuer charges the court a fee for each use of a credit
card or debit card, the court may require the cardholder to pay a fee.
The fee charged by the court must not exceed the amount charged by the
issuer for the use of the card.
3. As used in this section:
(a) “Cardholder” means the person or organization named on the face
of a credit card or debit card to whom or for whose benefit the credit
card or debit card is issued by an issuer.
(b) “Credit card” means any instrument or device, whether known as
a credit card or credit plate, or by any other name, issued with or
without a fee by an issuer for the use of the cardholder in obtaining
money, property, goods, services or anything else of value on credit.
(c) “Debit card” means any instrument or device, whether known as a
debit card or by any other name, issued with or without a fee by an
issuer for the use of the cardholder in depositing, obtaining or
transferring funds.
(d) “Issuer” means a business organization, financial institution
or authorized agent of a business organization or financial institution
that issues a credit card or debit card.
(Added to NRS by 1999, 70
1. Except as otherwise provided in this section, each court of
justice for this State shall recycle or cause to be recycled the paper
and paper products it uses. This subsection does not apply to
confidential documents if there is an additional cost for recycling those
documents.
2. A court of justice may apply for a waiver from the requirements
of subsection 1. For such a waiver, the Supreme Court must apply to the
Interim Finance Committee, a district court or a Justice Court must apply
to the board of county commissioners of the county in which it is located
and a municipal court must apply to the governing body of the city in
which it is located. A waiver must be granted if it is determined that
the cost to recycle or cause to be recycled the paper and paper products
used by the court is unreasonable and would place an undue burden on the
operations of the court.
3. The Court Administrator shall, after consulting with the State
Department of Conservation and Natural Resources, prescribe the procedure
for the disposition of the paper and paper products to be recycled. The
Court Administrator may prescribe a procedure for the recycling of other
waste materials produced on the premises of the court building.
4. Any money received by a court of justice for recycling or
causing to be recycled the paper and paper products it uses must be paid
by the clerk of that court to the State Treasurer for credit to the State
General Fund.
5. As used in this section:
(a) “Paper” includes newspaper, high-grade office paper, fine
paper, bond paper, offset paper, xerographic paper, mimeo paper,
duplicator paper and any other cellulosic material which contains not
more than 10 percent by weight or volume of a noncellulosic material,
including, but not limited to, a laminate, binder, coating and saturant.
(b) “Paper product” means any paper article or commodity,
including, but not limited to, paper napkins, towels, cardboard,
construction material, paper and any other cellulosic material which
contains not more than 10 percent by weight or volume of a noncellulosic
material, including, but not limited to, a laminate, binder, coating and
saturant.
(Added to NRS by 1991, 905; A 1999, 3181
1. The Supreme Court may adopt rules not inconsistent with the
laws of this state to provide for the electronic filing, storage and
reproduction of documents filed with the courts of justice.
2. If the Supreme Court adopts such rules, each court of justice
may provide for the electronic filing, storage and reproduction of
documents filed with the court in accordance with those rules.
(Added to NRS by 1999, 1141
The courts of justice may be held, and
judicial business may be transacted, on any day except as provided in NRS
1.130 .
[49:19:1865; B § 954; BH § 2468; C § 2549; RL § 4869; NCL § 8411]
1. No court except a Justice Court or a municipal court shall be
opened nor shall any judicial business be transacted except by a Justice
Court or municipal Court on Sunday, or on any day declared to be a legal
holiday according to the provisions of NRS 236.015 , except for the following purposes:
(a) To give, upon their request, instructions to a jury then
deliberating on their verdict.
(b) To receive a verdict or discharge a jury.
(c) For the exercise of the power of a magistrate in a criminal
action or in a proceeding of a criminal nature.
(d) To receive communications by telephone and for the issuance of
a temporary order pursuant to subsection 5 of NRS 33.020 .
(e) For the issue of a writ of attachment, which may be issued on
each and all of the days above enumerated upon the plaintiff, or some
person in his behalf, setting forth in the affidavit required by law for
obtaining the writ the additional averment as follows:
That the affiant has good reason to believe, and does believe,
that it will be too late for the purpose of acquiring a lien by the writ
to wait until subsequent day for the issuance of the same.
All proceedings instituted, and all writs issued, and all official acts
done on any of the days above specified, under and by virtue of this
section, shall have all the validity, force and effect of proceedings
commenced on other days, whether a lien be obtained or a levy made under
and by virtue of the writ.
2. Nothing herein contained shall affect private transactions of
any nature whatsoever.
[50:19:1865; A 1866, 53; 1883, 90; 1891, 20; 1903, 88; 1911, 22;
1913, 61; 1919, 415; 1927, 75; NCL § 8412]—(NRS A 1957, 240; 1967, 103;
1969, 258, 561; 1971, 588; 2003, 392
The Supreme Court, the
district courts, the Justice Courts and those municipal courts designated
as courts of record pursuant to NRS 5.010 shall have a seal.
[55:19:1865; B § 960; BH § 2474; C § 2555; RL § 4875; NCL §
8417]—(NRS A 1987, 122; 1991, 160)
The several district courts for which separate seals have not been
provided heretofore, or the respective judges thereof, by an order in
writing filed with the respective clerks of such courts, shall direct
such clerks to procure such seals, which seals shall have the following
inscriptions surrounding the same. “District Court,
........................ District, County of ........................ (or
Carson City),” inserting the number of the district and the name of the
county. Any such order that may have been made by any judge of a district
court shall have the same effect as if it had been made in open court.
[56:19:1865; A 1879, 36; BH § 2475; C § 2556; RL § 4876; NCL §
8418]—(NRS A 1969, 312)
The clerk of each court, or the:
1. Deputy clerk;
2. Justice of the peace if a deputy clerk has not been appointed
for the Justice Court; or
3. Judge of a municipal court designated as a court of record
pursuant to NRS 5.010 if a deputy clerk
has not been appointed for that court,
Ę shall keep the seal of the court.
[58:19:1865; B § 963; BH § 2477; C § 2558; RL § 4878; NCL §
8420]—(NRS A 1987, 122; 1991, 160)
The seal of the court
need not be affixed to any proceedings therein except:
1. To a summons, writ or commission to take testimony.
2. To the proof of a will, or the appointment of an executor,
administrator or guardian.
3. To the authentication of a copy of a record or other proceeding
of the court or an officer thereof.
4. To certificate of acknowledgment and all final process.
[59:19:1865; B § 964; BH § 2478; C § 2559; RL § 4879; NCL § 8421]
The seal may be affixed by
impressing it on the paper or on a substance attached to the paper and
capable of receiving the impression.
[60:19:1865; B § 965; BH § 2479; C § 2560; RL § 4880; NCL § 8422]
1. The court having acquired jurisdiction of an action shall not
lose such jurisdiction by reason of any subsequent amendment or repeal of
the law under which such jurisdiction was acquired unless such amendment
or repealing act shall expressly provide that such jurisdiction is
terminated, and such action shall proceed to final determination the same
as though there had been no such amendment or repeal.
2. Nothing in this section shall be deemed to apply to amendments
or repeals affecting mere matters of procedure.
[1:41:1921; NCL § 8428]
Every court shall have power:
1. To preserve and enforce order in its immediate presence.
2. To enforce order in the proceedings before it, or before a
person or persons empowered to conduct a judicial investigation under its
authority.
3. To compel obedience to its lawful judgments, orders and
process, and to the lawful orders of its judge out of court in an action
or proceeding pending therein.
4. To control, in furtherance of justice, the conduct of its
ministerial officers.
[44:19:1865; B § 949; BH § 2463; C § 2544; RL § 4864; NCL § 8406]
1. A justice of the Supreme Court shall not act as such in an
action or proceeding when he entertains actual bias or prejudice for or
against one of the parties to the action.
2. A justice of the Supreme Court shall not act as such in an
action or proceeding when implied bias exists in any of the following
respects:
(a) When he is a party to or interested in the action or proceeding.
(b) When he is related to either party by consanguinity or affinity
within the third degree.
(c) When he has been attorney or counsel for either of the parties
in the particular action or proceeding before the court.
(d) When he is related to an attorney or counselor for either of
the parties by consanguinity or affinity within the third degree.
3. A justice of the Supreme Court, upon his own motion, may
disqualify himself from acting in any matter upon the ground of actual or
implied bias.
4. Any party to an action or proceeding seeking to disqualify a
justice of the Supreme Court for actual or implied bias shall file a
charge in writing, specifying the facts upon which such disqualification
is sought. Hearing on such charge shall be had before the other justices
of the Supreme Court.
5. Upon the disqualification of a justice of the Supreme Court
pursuant to this section, a district judge shall be designated to sit in
his place as provided in Section 4 of Article 6 of the Constitution of
the State of Nevada.
6. No person shall be punished for contempt for making, filing or
presenting a charge for disqualification pursuant to subsection 4.
(Added to NRS by 1957, 521)
1. A judge shall not act as such in an action or proceeding when
he entertains actual bias or prejudice for or against one of the parties
to the action.
2. A judge shall not act as such in an action or proceeding when
implied bias exists in any of the following respects:
(a) When he is a party to or interested in the action or proceeding.
(b) When he is related to either party by consanguinity or affinity
within the third degree.
(c) When he has been attorney or counsel for either of the parties
in the particular action or proceeding before the court.
(d) When he is related to an attorney or counselor for either of
the parties by consanguinity or affinity within the third degree. This
paragraph does not apply to the presentation of ex parte or uncontested
matters, except in fixing fees for an attorney so related to the judge.
3. A judge, upon his own motion, may disqualify himself from
acting in any matter upon the ground of actual or implied bias.
4. A judge or court shall not punish for contempt any person who
proceeds under the provisions of this chapter for a change of judge in a
case.
5. This section does not apply to the arrangement of the calendar
or the regulation of the order of business.
[45:19:1865; A 1907, 25; 1927, 108; 1931, 247; 1937, 214; 1939,
255; 1931 NCL § 8407] + [45a:19:1865; added 1931, 247; 1931 NCL §
8407.01]—(NRS A 1957, 69; 1965, 551; 1969, 351; 1975, 608; 1977, 765)
1. Any party to an action or proceeding pending in any court other
than the Supreme Court, who seeks to disqualify a judge for actual or
implied bias or prejudice must file an affidavit specifying the facts
upon which the disqualification is sought. The affidavit of a party
represented by an attorney must be accompanied by a certificate of the
attorney of record that the affidavit is filed in good faith and not
interposed for delay. Except as provided in subsections 2 and 3, the
affidavit must be filed:
(a) Not less than 20 days before the date set for trial or hearing
of the case; or
(b) Not less than 3 days before the date set for the hearing of any
pretrial matter.
2. Except as otherwise provided in this subsection and subsection
3, if a case is not assigned to a judge before the time required under
subsection 1 for filing the affidavit, the affidavit must be filed:
(a) Within 10 days after the party or his attorney is notified that
the case has been assigned to a judge;
(b) Before the hearing of any pretrial matter; or
(c) Before the jury is empaneled, evidence taken or any ruling made
in the trial or hearing,
Ę whichever occurs first. If the facts upon which disqualification of the
judge is sought are not known to the party before he is notified of the
assignment of the judge or before any pretrial hearing is held, the
affidavit may be filed not later than the commencement of the trial or
hearing of the case.
3. If a case is reassigned to a new judge and the time for filing
the affidavit under subsection 1 and paragraph (a) of subsection 2 has
expired, the parties have 10 days after notice of the new assignment
within which to file the affidavit, and the trial or hearing of the case
must be rescheduled for a date after the expiration of the 10-day period
unless the parties stipulate to an earlier date.
4. At the time the affidavit is filed, a copy must be served upon
the judge sought to be disqualified. Service must be made by delivering
the copy to the judge personally or by leaving it at his chambers with
some person of suitable age and discretion employed therein.
5. The judge against whom an affidavit alleging bias or prejudice
is filed shall proceed no further with the matter and shall:
(a) Immediately transfer the case to another department of the
court, if there is more than one department of the court in the district,
or request the judge of another district court to preside at the trial or
hearing of the matter; or
(b) File a written answer with the clerk of the court within 2 days
after the affidavit is filed, admitting or denying any or all of the
allegations contained in the affidavit and setting forth any additional
facts which bear on the question of his disqualification. The question of
the judge’s disqualification must thereupon be heard and determined by
another judge agreed upon by the parties or, if they are unable to agree,
by a judge appointed:
(1) By the presiding judge of the judicial district in
judicial districts having more than one judge, or if the presiding judge
of the judicial district is sought to be disqualified, by the judge
having the greatest number of years of service.
(2) By the Supreme Court in judicial districts having only
one judge.
(Added to NRS by 1977, 767; A 1979, 59, 393; 1981, 319, 872)
1. If an application for an order made to a judge of a court in
which the action or proceeding is pending be refused, in whole or in
part, or be granted conditionally, no subsequent application for the same
order shall be made to any other judge except of a higher court.
2. Nothing in this section shall be so construed as to apply to
motions refused for any informality in the papers or proceedings
necessary to obtain an order.
3. A violation of this section may be punished as a contempt; and
an order made contrary thereto may be revoked by the judge who made it,
or vacated by a judge of the court in which the action or proceeding is
pending.
[61:19:1865; B § 966; BH § 2480; C § 2561; RL § 4881; NCL § 8423] +
[62:19:1865; B § 967; BH § 2481; C § 2562; RL § 4882; NCL § 8424]
No action or proceeding
in a court of justice shall be affected by a vacancy in the office of all
or any of the judges, or by the failure of a term thereof.
[64:19:1865; B § 969; BH § 2483; C § 2564; RL § 4884; NCL § 8426]
No judge or justice of the peace shall have a partner
acting as attorney or counsel in any court in this state.
[47:19:1865; B § 952; BH § 2466; C § 2547; RL § 4867; NCL § 8409]
1. If a party to any action or proceeding in any court or before
any administrative body is a member of the Legislature of the State of
Nevada, or is President of the Senate, that fact is sufficient cause for
the adjournment or continuance of the action or proceeding, including,
without limitation, any discovery or other pretrial or posttrial matter
involved in the action or proceeding, for the duration of any legislative
session.
2. If an attorney for a party to any action or proceeding in any
court or before any administrative body, who was actually employed before
the commencement of any legislative session, is a member of the
Legislature of the State of Nevada, or is President of the Senate, that
fact is sufficient cause for the adjournment or continuance of the action
or proceeding, including, without limitation, any discovery or other
pretrial or posttrial matter involved in the action or proceeding, for
the duration of any legislative session.
3. The adjournment or continuance provided for in subsections 1
and 2 must be granted without the imposition of terms.
(Added to NRS by 1960, 365; A 1963, 313; 2001, 481
COURT ADMINISTRATOR
There is hereby created the office of
Court Administrator.
(Added to NRS by 1971, 1996)
The Court Administrator
shall:
1. Be appointed by the Supreme Court and shall serve at the
pleasure of the Court.
2. Receive an annual salary set by the Supreme Court within the
limits of legislative appropriations.
(Added to NRS by 1971, 1996; A 1977, 450)
The Court
Administrator, with the approval of the Supreme Court, may appoint and
fix the compensation of such assistants as are necessary to enable him to
perform the duties required of him by NRS 1.320 to 1.370 ,
inclusive.
(Added to NRS by 1971, 1996; A 1989, 328)
During his term of
office neither the Court Administrator nor any of his assistants may
engage directly or indirectly in the private practice of law.
(Added to NRS by 1971, 1996)
Under the direction of the Supreme Court, the
Court Administrator shall:
1. Examine the administrative procedures employed in the offices
of the judges, clerks, court reporters and employees of all courts of
this State and make recommendations, through the Chief Justice, for the
improvement of those procedures;
2. Examine the condition of the dockets of the courts and
determine the need for assistance by any court;
3. Make recommendations to and carry out the directions of the
Chief Justice relating to the assignment of district judges where
district courts are in need of assistance;
4. Develop a uniform system for collecting and compiling
statistics and other data regarding the operation of the State Court
System and transmit that information to the Supreme Court so that proper
action may be taken in respect thereto;
5. Prepare and submit a budget of state appropriations necessary
for the maintenance and operation of the State Court System and make
recommendations in respect thereto;
6. Develop procedures for accounting, internal auditing,
procurement and disbursement for the State Court System;
7. Collect statistical and other data and make reports relating to
the expenditure of all public money for the maintenance and operation of
the State Court System and the offices connected therewith;
8. Compile statistics from the information required to be
maintained by the clerks of the district courts pursuant to NRS 3.275
and make reports as to the cases filed
in the district courts;
9. Formulate and submit to the Supreme Court recommendations of
policies or proposed legislation for the improvement of the State Court
System;
10. On or before January 1 of each year, submit to the Director of
the Legislative Counsel Bureau a written report compiling the information
submitted to the Court Administrator pursuant to NRS 3.243 , 4.175 and
5.045 during the immediately preceding
fiscal year;
11. On or before January 1 of each odd-numbered year, submit to
the Director of the Legislative Counsel Bureau a written report
concerning:
(a) The distribution of money deposited in the special account
created pursuant to NRS 176.0613 to
assist with funding and establishing specialty court programs;
(b) The current status of any specialty court programs to which
money from the account was allocated since the last report; and
(c) Such other related information as the Court Administrator deems
appropriate;
12. On or before February 15 of each odd-numbered year, submit to
the Governor and to the Director of the Legislative Counsel Bureau for
transmittal to the next regular session of the Legislature a written
report compiling the information submitted by clerks of courts to the
Court Administrator pursuant to NRS 630.307 which includes only aggregate information for statistical
purposes and excludes any identifying information related to a particular
person;
13. On or before February 15 of each odd-numbered year, submit to
the Director of the Legislative Counsel Bureau for transmittal to the
next regular session of the Legislature a written report concerning the
effectiveness of participation in counseling sessions in a program for
the treatment of persons who commit domestic violence ordered by a court
pursuant to NRS 200.485 and the effect
of such counseling sessions on recidivism of the offenders who commit
battery which constitutes domestic violence pursuant to NRS 33.018 ; and
14. Attend to such other matters as may be assigned by the Supreme
Court or prescribed by law.
(Added to NRS by 1971, 1996; A 1977, 450; 1987, 630; 1999, 705
2003, 2106
1. All of the following claims must be submitted to the Executive
Officer of the Public Employees’ Retirement Board who shall process the
claims:
(a) Claims of justices of the Supreme Court pursuant to NRS 2.060
.
(b) Claims pursuant to NRS 2.070
and 2.079 .
(c) Claims of judges of the district courts pursuant to NRS 3.090
.
(d) Claims pursuant to NRS 3.095
and 3.098 .
2. The following claims must be submitted to the Court
Administrator, who shall act as Administrative Officer in processing the
claims:
(a) Claims of justices of the Supreme Court under NRS 2.050 .
(b) Claims of judges of the district courts under NRS 3.030 .
(Added to NRS by 1989, 328; A 2001, 1292)
1. All judges, clerks and employees of the district courts,
Justice Courts and municipal courts shall provide the Court Administrator
with any records, papers or other information that he may require and
shall cooperate with him in every possible manner in order to effectuate
the purposes of NRS 1.320 to 1.370
, inclusive.
2. Subsection 1 does not authorize disclosure by the Court
Administrator of records and papers not otherwise open to public
inspection.
(Added to NRS by 1971, 1997; A 1989, 328)
COMMISSION ON JUDICIAL SELECTION
The Court Administrator
shall serve as secretary, prepare the budget and manage the fiscal
affairs of the Commission on Judicial Selection.
(Added to NRS by 1977, 411)
1. Each member of the Commission on Judicial Selection who is not
a judicial officer is entitled to receive a salary of not more than $80,
as fixed by the Commission, for each day’s attendance at each meeting of
the Commission.
2. While engaged in the business of the Commission, each member
and employee of the Commission is entitled to receive the per diem
allowance and travel expenses provided for state officers and employees
generally.
(Added to NRS by 1977, 410; A 1985, 393; 1989, 1707; 1999, 1203
The Commission on Judicial Selection may
adopt regulations for the operation of the Commission and for maintaining
the confidentiality of its proceedings and records.
(Added to NRS by 1977, 410)
All public officers and employees of the State, its agencies
and political subdivisions and all officers of the court shall cooperate
with the Commission on Judicial Selection in any lawful investigation or
proceeding of the Commission and furnish information and reasonable
assistance to the Commission or its authorized representative.
(Added to NRS by 1977, 410)
COMMISSION ON JUDICIAL DISCIPLINE
General Provisions
As used in NRS 1.425 to 1.4695 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 1.426 to 1.429 , inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 1995, 800; A 1997, 1094)
“Commission” means the Commission
on Judicial Discipline.
(Added to NRS by 1997, 1087)
“Incapacitated” means unable
to perform the duties of his office because of advanced age or mental or
physical disability.
(Added to NRS by 1997, 1087)
“Judge” means:
1. A judge of the district court;
2. A judge of the municipal court;
3. A justice of the peace; and
4. Any other officer of the Judicial Branch of this State, whether
or not he is an attorney, who presides over judicial proceedings,
including, but not limited to, a magistrate, court commissioner, special
master or referee.
(Added to NRS by 1997, 1087)
“Justice” means a justice of the
Supreme Court of the State of Nevada.
(Added to NRS by 1997, 1088)
1. Each member of the Commission who is not a judicial officer is
entitled to receive a salary of not more than $80, as fixed by the
Commission, for each day’s attendance at each meeting of the Commission.
2. While engaged in the business of the Commission, each member
and employee of the Commission is entitled to receive the per diem
allowance and travel expenses provided for state officers and employees
generally.
(Added to NRS by 1977, 637; A 1985, 128, 393; 1989, 1707)
1. The Commission has exclusive jurisdiction over the censure,
removal, involuntary retirement and other discipline of judges which is
coextensive with its jurisdiction over justices of the Supreme Court and
must be exercised in the same manner and under the same rules.
2. The Supreme Court shall appoint two justices of the peace or
two municipal judges to sit on the Commission for formal, public
proceedings against a justice of the peace or a municipal judge,
respectively. Justices of the peace and municipal judges so appointed
must be designated by an order of the Supreme Court to sit for such
proceedings in place of and to serve for the same terms as the regular
members of the Commission appointed by the Supreme Court.
(Added to NRS by 1977, 936; A 1983, 108; 1995, 800; 1997, 1094;
2005, 305
The Commission may:
1. Within the amount of money appropriated by the Legislature for
this purpose, employ and compensate as an employee or contract with as an
independent contractor:
(a) One or more persons to prepare the budget and manage the fiscal
affairs of the Commission and perform other duties relating to the
administration of the affairs of the Commission as the Commission
directs; and
(b) Attorneys, accountants, investigators, reporters, physicians,
technical experts and other necessary persons.
2. Provide for the attendance and compensation of witnesses.
3. Pay from available funds all necessary expenses incurred by the
Commission.
(Added to NRS by 1977, 637; A 1981, 378; 1995, 800)
1. All public officers and employees of the State, its agencies
and political subdivisions and all officers of the court shall cooperate
with the Commission in any lawful investigation or proceeding of the
Commission and furnish information and reasonable assistance to the
Commission or its authorized representative.
2. All sheriffs, marshals, police officers and constables shall,
upon request of the Commission or its authorized representative, serve
process on behalf of and execute all lawful orders of the Commission.
(Added to NRS by 1977, 637; A 1995, 800)
1. The following persons are absolutely immune from suit for all
conduct at any time in the course of their official duties:
(a) Any member who serves on the Commission;
(b) Any person employed by the Commission;
(c) Any independent contractor of the Commission; and
(d) Any person who performs services pursuant to NRS 1.450 or 1.460 for
the Commission.
2. The following persons are absolutely immune from suit unless
convicted of committing perjury before the Commission pursuant to NRS
199.120 to 199.200 , inclusive:
(a) A person who files a complaint with the Commission pursuant to
NRS 1.4655 ; and
(b) A person who gives testimony at a public hearing held by the
Commission pursuant to NRS 1.467 .
(Added to NRS by 1995, 800; A 1997, 1094)
Proceedings Concerning Disciplinary Action or Removal From Office
1. The Commission may remove, censure or impose other forms of
discipline on a justice or judge if the Commission determines that the
justice or judge:
(a) Has committed willful misconduct;
(b) Has willfully or persistently failed to perform the duties of
his office; or
(c) Is habitually intemperate.
2. The Commission may censure or impose other forms of discipline
on a justice or judge if the Commission determines that the justice or
judge has violated one or more of the provisions of the Nevada Code of
Judicial Conduct in a manner that is not knowing or deliberate.
3. The Commission may retire a justice or judge if the Commission
determines that:
(a) The advanced age of the justice or judge interferes with the
proper performance of his judicial duties; or
(b) The justice or judge suffers from a mental or physical
disability that prevents the proper performance of his judicial duties
and is likely to be permanent in nature.
4. As used in this section:
(a) “Habitual intemperance” means the chronic, excessive use of
alcohol or another substance that affects mental processes, awareness or
judgment.
(b) “Willful misconduct” includes:
(1) Conviction of a felony or of a misdemeanor involving
moral turpitude;
(2) A knowing or deliberate violation of one or more of the
provisions of the Nevada Code of Judicial Conduct;
(3) A knowing or deliberate act or omission in the
performance of judicial or administrative duties that:
(I) Involves fraud or bad faith or amounts to a public
offense; and
(II) Tends to corrupt or impair the administration of
justice in a judicial proceeding; and
(4) Knowingly or deliberately swearing falsely in testimony
before the Commission or in documents submitted under oath to the
Commission.
(Added to NRS by 1997, 1088; A 1999, 93
1. The Commission may begin an inquiry regarding the alleged
misconduct or incapacity of a justice or judge upon the receipt of:
(a) A written, sworn complaint from any person which alleges that
the justice or judge has committed misconduct or is incapacitated; or
(b) Information from any source and in any format, from which the
Commission may reasonably infer that the justice or judge may have
committed misconduct or be incapacitated.
2. For the purposes of further inquiry and action by the
Commission, information described in paragraph (b) of subsection 1 shall
be deemed to be a complaint upon motion of the Commission.
(Added to NRS by 1997, 1088)
1. The Commission shall, in accordance with its procedural rules,
examine each complaint that it receives pursuant to NRS 1.4655 to determine whether the complaint contains
allegations which, if true, would establish grounds for discipline
pursuant to NRS 1.4653 .
2. If the Commission determines that a complaint does not contain
such allegations, the Commission shall dismiss the complaint.
3. If the Commission determines that a complaint does contain such
allegations, the Commission shall authorize further investigation to be
conducted in accordance with NRS 1.4663 .
(Added to NRS by 1997, 1089)
1. During any stage of a disciplinary proceeding, including, but
not limited to, an investigation to determine probable cause and a formal
hearing, the Commission may issue a subpoena to compel the attendance or
testimony of a witness or the production of any relevant materials,
including, but not limited to, books, papers, documents, records,
photographs, recordings, reports and tangible objects.
2. If a witness refuses to attend, testify or produce materials as
required by the subpoena, the Commission may, in accordance with its
procedural rules, hold the witness in contempt and impose a reasonable
penalty to enforce the subpoena.
3. If a witness continues to refuse to attend, testify or produce
materials as required by the subpoena, the Commission may report to the
district court by petition, setting forth that:
(a) Due notice has been given of the time and place of attendance
or testimony of the witness or the production of materials;
(b) The witness has been subpoenaed by the Commission pursuant to
this section; and
(c) The witness has failed or refused to attend, testify or produce
materials as required by the subpoena before the Commission, or has
refused to answer questions propounded to him,
Ę and asking for an order of the court compelling the witness to attend,
testify or produce materials before the Commission.
4. Upon receipt of such a petition, the court shall enter an order
directing the witness to appear before the court at a time and place to
be fixed by the court in its order, the time to be not more than 10 days
after the date of the order, and then and there show cause why he has not
attended, testified or produced materials before the Commission. A
certified copy of the order must be served upon the witness.
5. If it appears to the court that the subpoena was regularly
issued by the Commission, the court shall enter an order that the witness
appear before the Commission at a time and place fixed in the order and
testify or produce materials, and that upon failure to obey the order the
witness must be dealt with as for contempt of court.
(Added to NRS by 1997, 1090)
1. If the Commission determines pursuant to NRS 1.4657 that a complaint contains allegations which,
if true, would establish grounds for discipline pursuant to NRS 1.4653
, the Commission shall assign or
appoint an investigator to conduct an investigation to determine whether
the allegations have merit.
2. Such an investigation must be conducted in accordance with
procedural rules adopted by the Commission and may extend to any matter
that is, in the determination of the Commission, reasonably related to an
allegation of misconduct or incapacity contained in the complaint.
3. An investigator assigned or appointed by the Commission to
conduct an investigation pursuant to this section may, for the purpose of
investigation, compel by subpoena on behalf of the Commission the
attendance of witnesses and the production of necessary materials as set
forth in NRS 1.466 .
4. At the conclusion of the investigation, the investigator shall
prepare a written report of the investigation for review by the
Commission.
(Added to NRS by 1997, 1089)
1. If a complaint received by the Commission alleges that a
justice or judge is incapacitated, the Commission shall, after examining
the complaint and conducting an investigation pursuant to NRS 1.4657
and 1.4663 , attempt to resolve the matter informally. In
attempting to resolve the matter informally, the Commission may request
that the justice or judge named in the complaint submit to medical,
psychiatric or psychological testing by a physician licensed to practice
medicine in this state who is selected by the Commission.
2. If the Commission is unable to resolve the matter informally
pursuant to subsection 1, the Commission shall:
(a) Proceed as set forth in NRS 1.4667 , 1.467 and
1.4673 . If the matter proceeds to the
point at which the prosecuting attorney files a statement of formal
charges pursuant to NRS 1.467 and the
justice or judge named in the complaint denies all or part of those
charges, the Commission shall deem such a denial to be consent on the
part of the justice or judge to submit to medical, psychiatric or
psychological testing by a physician licensed to practice medicine in
this state who is selected by the Commission.
(b) Unless the justice or judge has retained counsel at his own
expense, appoint an attorney to represent the justice or judge at public
expense.
3. The findings of a physician appointed by the Commission
pursuant to this section are not privileged communications.
4. The provisions of this section do not prohibit a justice or
judge from having legal counsel and a physician of his choice present at
a medical, psychiatric or psychological examination conducted pursuant to
this section.
5. The Commission shall adopt procedural rules to carry out the
provisions of this section.
(Added to NRS by 1997, 1089)
The
Commission shall review the report of an investigation conducted pursuant
to NRS 1.4663 to determine whether
there is sufficient reason to proceed. If the Commission determines that
there is not sufficient reason to proceed, the Commission shall dismiss
the complaint. If the Commission determines that it could, in all
likelihood, make a determination in the affirmative pursuant to NRS 1.467
, the Commission shall require the
justice or judge named in the complaint to respond to the complaint in
accordance with procedural rules adopted by the Commission. If the
justice or judge fails to respond to the complaint, the Commission shall
deem such failure to be an admission that the facts alleged in the
complaint:
1. Are true; and
2. Establish grounds for discipline pursuant to NRS 1.4653 .
(Added to NRS by 1997, 1090)
1. After the justice or judge named in the complaint responds to
the complaint pursuant to NRS 1.4667
and after considering that response and other relevant information, the
Commission shall make a finding of whether there is a reasonable
probability that the evidence available for introduction at a formal
hearing could clearly and convincingly establish grounds for disciplinary
action against the justice or judge named in the complaint pursuant to
NRS 1.4653 .
2. If the Commission makes a finding that such a reasonable
probability does not exist, the Commission shall dismiss the complaint.
3. If the Commission makes a finding that such a reasonable
probability does exist, the Commission shall, in accordance with its
procedural rules:
(a) Designate a prosecuting attorney, who must sign under oath a
formal statement of charges against the justice or judge and file the
statement with the Commission;
(b) Require that the justice or judge submit to the Commission an
answer to the formal statement of charges; and
(c) Hold a formal, public hearing on the merits of the charges.
4. If the justice or judge fails to answer the formal statement of
charges pursuant to subsection 3, the Commission shall deem such failure
to be an admission that the charges set forth in the formal statement:
(a) Are true; and
(b) Establish grounds for discipline pursuant to NRS 1.4653 .
(Added to NRS by 1997, 1090)
After holding a formal hearing on the merits of the charges filed
pursuant to NRS 1.467 , the Commission
shall, in accordance with its procedural rules, dismiss the charges or
discipline the justice or judge as deemed appropriate by the Commission.
(Added to NRS by 1997, 1090)
1. The Commission shall suspend a justice or judge from the
exercise of office with salary:
(a) While there is pending an indictment or information charging
the justice or judge with a crime punishable as a felony pursuant to the
laws of the State of Nevada or the United States; or
(b) When the justice or judge has been adjudged mentally
incompetent or insane.
2. The Commission may suspend a justice or judge from the exercise
of office without salary if the justice or judge:
(a) Pleads guilty or no contest to a charge of; or
(b) Is found guilty of,
Ę a crime punishable as a felony pursuant to the laws of the State of
Nevada or the United States. If the conviction is later reversed, the
justice or judge must be paid his salary for the period of suspension.
3. The Commission may suspend a justice or judge from the exercise
of office with salary if the Commission determines, pending a final
determination in a judicial disciplinary proceeding, that the justice or
judge poses a substantial threat of serious harm to the public or to the
administration of justice.
4. A justice or judge suspended pursuant to this section may
appeal the suspension to the Supreme Court for reconsideration of the
order.
5. The Commission may suspend a justice or judge pursuant to this
section only in accordance with its procedural rules.
(Added to NRS by 1997, 1091)
In addition to or in
lieu of removal or censure, the Commission may impose other forms of
discipline on a justice or judge whom the Commission determines to have
committed an act or engaged in a behavior in violation of subsection 1 or
2 of NRS 1.4653 , including, but not
limited to, requiring the justice or judge to:
1. Pay a fine.
2. Serve a term of suspension from office.
3. Complete a probationary period pursuant to conditions deemed
appropriate by the Commission.
4. Attend training or educational courses.
5. Follow a remedial course of action.
6. Issue a public apology.
7. Comply with conditions or limitations on his future conduct.
8. Seek medical, psychiatric or psychological care or counseling
and direct the provider of health care or counselor to report to the
Commission regarding the condition or progress of the justice or judge.
9. Agree not to seek judicial office in the future.
10. Perform any combination of the actions set forth in this
section.
(Added to NRS by 1997, 1092)
1. Except as otherwise provided in subsections 2 and 3, if the
Commission reasonably believes that a justice or judge has committed an
act or engaged in a behavior that would be addressed most appropriately
through rehabilitation, treatment, education or minor corrective action,
the Commission may enter into an agreement with the justice or judge to
defer formal disciplinary proceedings and require the justice or judge to
undergo the rehabilitation, treatment, education or minor corrective
action.
2. The Commission may not enter into an agreement with a justice
or judge to defer formal disciplinary proceedings if the Commission has
determined, pursuant to NRS 1.467 , that
there is a reasonable probability that the evidence available for
introduction at a formal hearing could clearly and convincingly establish
grounds for disciplinary action against the justice or judge pursuant to
NRS 1.4653 .
3. The Commission may enter into an agreement with a justice or
judge to defer formal disciplinary proceedings only in response to
misconduct that is minor in nature.
(Added to NRS by 1997, 1092)
1. Except as otherwise provided in this section and NRS 1.4693
, all proceedings of the Commission
must remain confidential until the Commission makes a determination
pursuant to NRS 1.467 and the
prosecuting attorney files a formal statement of charges.
2. The confidentiality required pursuant to subsection 1 also
applies to all information and materials, written or oral, received or
developed by the Commission or its staff in the course of its work and
relating to the alleged misconduct or incapacity of a judge.
3. The Commission shall disclose:
(a) The report of a proceeding before the Commission; and
(b) All testimony given and all materials filed in connection with
such a proceeding,
Ę if a witness is prosecuted for perjury committed during the course of
that proceeding.
4. If the Commission determines at any stage in a disciplinary
proceeding that there is an insufficient factual or legal basis to
proceed, the Commission shall dismiss the complaint and may, at the
request of the justice or judge named in the complaint, publicly issue an
explanatory statement.
5. The Commission may issue press releases and other public
statements to:
(a) Explain the nature of its jurisdiction;
(b) Explain the procedure for filing a complaint;
(c) Explain limitations upon its powers and authority; and
(d) Report on the conduct of its affairs.
Ę Such releases and statements must not, without the consent of the
justice or judge concerned, disclose by name, position, address or other
information the identity of a justice or judge or other person involved
in a proceeding then pending before the Commission or that has been
resolved without an order of censure, removal or retirement, unless
formal charges have been filed after a determination pursuant to NRS
1.467 .
6. The Commission may, without disclosing the name of or any
details that may identify the justice or judge involved, disclose the
existence of a proceeding before it to the State Board of Examiners and
the Interim Finance Committee to obtain additional money for its
operation from the Contingency Fund established pursuant to NRS 353.266
.
7. No record of any medical examination, psychiatric evaluation or
other comparable professional record made for use in an informal
resolution pursuant to subsection 1 of NRS 1.4665 may be made public at any time without the
consent of the justice or judge concerned.
(Added to NRS by 1997, 1092)
Except as otherwise provided in NRS 1.4693 , any person who breaches the confidentiality
of disciplinary proceedings of the Commission is punishable for contempt.
(Added to NRS by 1997, 1093)
Upon the
filing of a formal statement of charges with the Commission by the
prosecuting attorney, the statement and other documents later formally
filed with the Commission must be made accessible to the public, and
hearings must be open. The Commission’s deliberative sessions must remain
private. The filing of the formal statement of charges does not justify
the Commission, its counsel or staff in making public any correspondence,
notes, work papers, interview reports or other evidentiary matter, except
at the formal hearing or with explicit consent of the justice or judge
named in the complaint.
(Added to NRS by 1997, 1093)
In any disciplinary proceeding in which the subject
matter becomes public, through independent sources, or upon a
determination pursuant to NRS 1.467 and
filing of a formal statement of charges, the Commission may issue such
statements as it deems appropriate under the circumstances to:
1. Confirm the pendency of the investigation;
2. Clarify the procedural aspects of the disciplinary proceedings;
3. Explain the right of the justice or judge to a fair hearing
without prejudgment;
4. State that the justice or judge denies the allegations;
5. Explain the reasons for dismissing a complaint; and
6. Explain why the Commission chose to enter into an agreement
with a justice or judge pursuant to subsection 1 of NRS 1.468 .
(Added to NRS by 1997, 1093)
Notwithstanding the provisions of NRS
1.4683 to 1.469 , inclusive:
1. A person who files a complaint with the Commission may:
(a) At any time, reveal to a third party the alleged conduct of a
justice or judge underlying the complaint that he filed with the
Commission or the substance of testimony that he gave before the
Commission.
(b) After the Commission makes a determination pursuant to NRS
1.467 , regardless of whether the
determination results in the filing of formal charges, reveal to a third
party the fact that he filed a complaint with the Commission.
2. A person who gives testimony before the Commission may:
(a) At any time, reveal to a third party the substance of testimony
that he gave before the Commission.
(b) After the Commission makes a determination pursuant to NRS
1.467 , regardless of whether the
determination results in the filing of formal charges, reveal to a third
party the fact that he gave testimony before the Commission.
(Added to NRS by 1997, 1094)
The Commission shall adopt rules to establish
the status of particular communications related to a disciplinary
proceeding as privileged or nonprivileged.
(Added to NRS by 1997, 1094)
NATIONAL JUDICIAL COLLEGE
1. The Fund for the National Judicial College is hereby created as
a special revenue fund. The interest and income earned on the money in
the Fund, in an amount not exceeding $300,000 per year, after deducting
any applicable charges, must be credited to the Fund. Any interest and
income earned in excess of $300,000 per year must be credited to the
State General Fund.
2. The State Treasurer shall, subject to the limitation in
subsection 1, pay to the Dean of the National Judicial College at the end
of each quarter an amount equal to any interest and income credited to
the Fund during that quarter. The Dean may use the money to pay expenses
which relate to operating the College.
3. The State Board of Examiners may, upon making a determination
that any portion of the principal of the money in the Fund is necessary
to meet existing or future obligations of the State, recommend to the
Interim Finance Committee that the amount so needed be transferred from
the Fund to the State General Fund. Upon approval of the Interim Finance
Committee, the money may be so transferred.
4. The Dean shall submit an itemized statement of all of the
income and expenditures of the National Judicial College each year to the
Legislature or the Interim Finance Committee.
(Added to NRS by 1985, 1506; A 1989, 1989; 1997, 119)
NATIONAL COLLEGE OF JUVENILE AND FAMILY LAW
1. The Fund for the National College of Juvenile and Family Law is
hereby created as a special revenue fund. The interest and income earned
on the money in the Fund, in an amount not exceeding $200,000 per year,
after deducting any applicable charges, must be credited to the Fund. Any
interest and income earned in excess of $200,000 per year must be
credited to the State General Fund.
2. The State Treasurer shall, subject to the limitation in
subsection 1, pay to the Dean of the National College of Juvenile and
Family Law at the end of each quarter an amount equal to any interest and
income credited to the Fund during that quarter. The Dean may use the
money to pay expenses relating to the operation of the College.
3. The State Board of Examiners may, upon making a determination
that any portion of the principal of the money in the Fund is necessary
to meet existing or future obligations of the State, recommend to the
Interim Finance Committee that the amount so needed be transferred from
the Fund to the State General Fund. Upon approval of the Interim Finance
Committee, the money may be so transferred.
4. The Dean shall submit an itemized statement of all of the
income and expenditures of the National College of Juvenile and Family
Law each year to the Legislature or the Interim Finance Committee.
(Added to NRS by 1989, 1989; A 1997, 119, 1304)
INTERPRETERS AND TRANSLATORS
General Provisions
Interpreters and
translators shall receive such fees as the court by whom they are
employed shall certify to be just.
[14:49:1883; BH § 2355; C § 2479; RL § 2016; NCL §
2947]—(Substituted in revision for NRS 1.110)
Court Interpreters for Persons Who Speak Language Other Than English
[Effective until the date of the repeal
of the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings.]
1. The Court Administrator shall, in consultation with the
committee established pursuant to NRS 1.530 , adopt regulations which, subject to the
availability of funding, establish a program for the certification of
court interpreters for witnesses, defendants and litigants who speak a
language other than English and do not know the English language.
2. The regulations must set forth:
(a) The specific languages for which court interpreters may obtain
certification, based upon the need for interpreters of those languages.
(b) Any examination and the qualifications which are required for:
(1) Certification; and
(2) Renewal of the certification.
(c) The circumstances under which the Court Administrator will
deny, suspend or refuse to renew a certificate.
(d) The circumstances under which the Court Administrator will take
disciplinary action against a court interpreter.
(e) The circumstances under which a court must require the services
of an interpreter who is certified.
(f) Except as otherwise provided in NRS 50.050 , the rate and source of the compensation to be
paid for services provided by a certified court interpreter.
3. An application for a certificate as a court interpreter must
include the social security number of the applicant.
4. Except as otherwise provided by a specific regulation of the
Court Administrator, it is grounds for disciplinary action for a
certified court interpreter to act as interpreter in any action in which:
(a) His spouse is a party;
(b) A party or witness is otherwise related to him;
(c) He is biased for or against one of the parties; or
(d) He otherwise has an interest in the outcome of the proceeding.
(Added to NRS by 1995, 801; A 1997, 2033)
The Court Administrator may:
1. In consultation with the committee established pursuant to NRS
1.530 , adopt any regulations necessary
to carry out a program for the certification of court interpreters.
2. Impose on a certified court interpreter:
(a) Any fees necessary to reimburse the Court Administrator for the
cost of administering the program; and
(b) A fine for any violation of a regulation of the Court
Administrator adopted pursuant to this section or NRS 1.510 .
(Added to NRS by 1995, 802)
1. The Chief Justice shall appoint, from a list of recommendations
submitted to him by the Court Administrator, a committee to advise the
Court Administrator regarding his adoption of regulations pursuant to NRS
1.510 and 1.520 . The committee must consist of:
(a) A district judge;
(b) A justice of the peace or municipal judge in a county whose
population is less than 100,000;
(c) An administrator of a district court;
(d) An administrator of a Justice Court or municipal court in a
county whose population is less than 100,000;
(e) A representative of the Nevada System of Higher Education;
(f) A representative of a nonprofit organization for persons who
speak a language other than English; and
(g) A person certified to act as an interpreter for a federal court.
2. The Court Administrator is ex officio chairman of the committee.
3. Members of the committee shall serve in that capacity without
any additional compensation.
(Added to NRS by 1995, 802)
1. It is unlawful for a person to act as a certified court
interpreter or advertise or put out any sign or card or other device
which might indicate to the public that he is entitled to practice as a
certified court interpreter without a certificate as an interpreter
issued by the Court Administrator pursuant to NRS 1.510 and 1.520 .
2. No civil action may be instituted, nor recovery therein be had,
for a violation of the provisions of this section or NRS 1.510 or 1.520 or
a violation of a regulation adopted by the Court Administrator pursuant
to NRS 1.510 or 1.520 .
(Added to NRS by 1995, 803)
[Expires by limitation
on the date of the repeal of the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
1. An applicant for the issuance or renewal of a certificate as a
court interpreter shall submit to the Court Administrator the statement
prescribed by the Division of Welfare and Supportive Services of the
Department of Health and Human Services pursuant to NRS 425.520 . The statement must be completed and signed by the applicant.
2. The Court Administrator shall include the statement required
pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the certificate; or
(b) A separate form prescribed by the Court Administrator.
3. A certificate as a court interpreter may not be issued or
renewed by the Court Administrator if the applicant:
(a) Fails to complete or submit the statement required pursuant to
subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Court
Administrator shall advise the applicant to contact the district attorney
or other public agency enforcing the order to determine the actions that
the applicant may take to satisfy the arrearage.
(Added to NRS by 1997, 2032)
[Expires by limitation on the date of the repeal of the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance
with certain processes relating to paternity or child support
proceedings.]
1. If the Court Administrator receives a copy of a court order
issued pursuant to NRS 425.540 window.location='http://www.leg.state.nv.us/NRS/NRS-425.html#NRS4
25Sec540') that provides for the suspension of all professional,
occupational and recreational licenses, certificates and permits issued
to a person who is the holder of a certificate as a court interpreter,
the Court Administrator shall deem the certificate issued to that person
to be suspended at the end of the 30th day after the date on which the
court order was issued unless the Court Administrator receives a letter
issued to the holder of the certificate by the district attorney or other
public agency pursuant to NRS 425.550 stating that the holder of the certificate has complied with
the subpoena or warrant or has satisfied the arrearage pursuant to NRS
425.560 window.location='http://www.leg.state.nv.us/NRS/NRS-425.html#NRS4
25Sec560').
2. The Court Administrator shall reinstate a certificate as a
court interpreter that has been suspended by a district court pursuant to
NRS 425.540 if:
(a) The Court Administrator receives a letter issued by the
district attorney or other public agency pursuant to NRS 425.550 25Sec550) to the person whose certificate was suspended stating that the
person whose certificate was suspended has complied with the subpoena or
warrant or has satisfied the arrearage pursuant to NRS 425.560 and
(b) The person whose certificate was suspended pays any fees
imposed by the Court Administrator pursuant to NRS 1.520 for the reinstatement of a suspended
certificate.
(Added to NRS by 1997, 2032)
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