USA Statutes : nevada
Title : Title 01 - STATE JUDICIAL DEPARTMENT
Chapter : CHAPTER 5 - MUNICIPAL COURTS
There must be in each city a municipal court presided over by a
municipal judge. The municipal court:
1. Must be held at such place in the city within which it is
established as the governing body of that city may by ordinance direct.
2. May by ordinance be designated as a court of record.
[35:19:1865; B § 940; BH § 2454; C § 2535; RL § 4855; NCL §
8397]—(NRS A 1983, 899; 1985, 671; 1991, 161)
1. Except as provided in subsection 3 and NRS 266.405 , each municipal judge must be chosen by the
electors of the city within which the municipal court is established on a
day to be fixed by the governing body of that city. The term of office of
a municipal judge is the period fixed by:
(a) An ordinance adopted by the city if the city is organized under
general law; or
(b) The charter of the city if the city is organized under a
special charter.
Ê Before entering upon his duties, a municipal judge shall take the
constitutional oath of office.
2. A municipal judge must:
(a) Be a citizen of the State;
(b) Except as otherwise provided in the charter of a city organized
under a special charter, have been a bona fide resident of the city for
not less than 1 year next preceding his election;
(c) Be a qualified elector in the city; and
(d) Not have ever been removed or retired from any judicial office
by the Commission on Judicial Discipline.
3. The governing body of a city, with the consent of the board of
county commissioners and the justice of the peace, may provide that a
justice of the peace of the township in which the city is located is ex
officio the municipal judge of the city.
4. For the purposes of this section, a person shall not be
ineligible to be a candidate for the office of municipal judge if a
decision to remove or retire him from a judicial office is pending appeal
before the Supreme Court or has been overturned by the Supreme Court.
[36:19:1865; B § 941; BH § 2454; C § 2536; RL § 4856; NCL §
8398]—(NRS A 1983, 899; 1985, 671; 1999, 95 , 1183 )
1. The governing body of the city shall select a number of persons
it determines appropriate to comprise a panel of substitute municipal
judges. The persons selected must not have ever been removed or retired
from any judicial office by the Commission on Judicial Discipline and
must be:
(a) Members in good standing of the State Bar of Nevada;
(b) Adult residents of the city; or
(c) Justices of the peace of the county.
2. Whenever a municipal judge is disqualified from acting in a
case pending in the municipal court or is unable to perform his duties
because of his temporary sickness or absence, he shall, if necessary,
appoint a person from the panel of substitute municipal judges to act in
his place.
3. A person so appointed must take and subscribe to the official
oath before acting as a municipal judge pro tempore. While acting in that
capacity, he is entitled to receive a per diem salary set by the
governing body. The annual sum expended for salaries of municipal judges
pro tempore must not exceed the amount budgeted for that expense by the
governing body.
4. If an appointment of a municipal judge pro tempore becomes
necessary and the municipal judge fails or is unable to make the
appointment, the mayor shall make the appointment from the panel of
substitute municipal judges.
5. For the purposes of this section, a person shall not be
ineligible to be a candidate for the office of municipal judge pro
tempore if a decision to remove or retire him from a judicial office is
pending appeal before the Supreme Court or has been overturned by the
Supreme Court.
(Added to NRS by 1981, 1639; A 1983, 899; 1999, 95 )
1. Notwithstanding any other provision of law or city charter, a
senior municipal judge who serves in that capacity or a senior justice of
the peace who serves in that capacity and who formerly served as a
municipal judge may serve temporarily in any municipal court in this
State, regardless of whether he is a resident of the city in which the
municipal court to which he is assigned is located.
2. As used in this section:
(a) “Senior justice of the peace” means a former justice of the
peace who has received a commission from the Supreme Court to serve as a
senior justice of the peace pursuant to the rules prescribed by the
Supreme Court.
(b) “Senior municipal judge” means a former judge of a municipal
court who has received a commission from the Supreme Court to serve as a
senior municipal judge pursuant to the rules prescribed by the Supreme
Court.
(Added to NRS by 2005, 105 )
1. The Court Administrator shall, at the direction of the Chief
Justice of the Supreme Court, arrange for the giving of instruction, at
the National Judicial College in Reno, Nevada, or elsewhere:
(a) In court procedure, recordkeeping and the elements of
substantive law appropriate to a municipal court, to each municipal judge
who is first elected or appointed to office after July 1, 1971, and to
other such judges who so desire and who can be accommodated, between each
election designated for the election of such judges and the date of
entering office.
(b) In statutory amendments and other developments in the law
appropriate to a municipal court, to all such judges at convenient
intervals.
2. Each city shall pay to the Supreme Court the city’s pro rata
share of the costs of such instruction as budgeted for pursuant to the
Local Government Budget and Finance Act.
3. The Supreme Court shall deposit with the State Treasurer, for
credit to the appropriate account of the Supreme Court, all money
received pursuant to subsection 2.
(Added to NRS by 1971, 838; A 1975, 1025; 1977, 362; 1981, 253;
1983, 109, 900; 2001, 1819 )
1. Each municipal judge who is first elected or appointed to
office after July 1, 1971, shall attend the instruction provided pursuant
to NRS 5.025 , on the first occasion
when such instruction is offered after his election or appointment,
unless excused by written order of a judge of the district court in and
for the county where the city is situated, which must be filed with the
Court Administrator. Such an order is final for all purposes.
2. If a municipal judge fails to attend such instruction without
securing a written order pursuant to subsection 1, he forfeits his office.
(Added to NRS by 1971, 838; A 1977, 363; 1983, 900)
Each municipal judge
is entitled to receive compensation as fixed by the charter of the city
or, if not fixed by a charter, by the governing body of the city, to be
paid by the city. That compensation must not be diminished during the
period for which the judge is elected. The compensation may be increased
during that period if so provided in the charter of the city.
[37:19:1865; B § 942; BH § 2456; C § 2537; RL § 4857; NCL §
8399]—(NRS A 1983, 900; 1989, 283)
Municipal judges, within their respective cities, may
take and certify:
1. The acknowledgment of conveyances and the satisfaction of a
judgment of any court.
2. An affidavit to be used in any court of justice in this state.
[Part 63:19:1865; B § 968; BH § 2482; C § 2563; RL § 4883; NCL §
8425]—(NRS A 1983, 900)
In the time and manner prescribed by
the Supreme Court, the municipal judge of a city or, if there is more
than one municipal judge for a city, a municipal judge designated by
mutual consent of the other municipal judges of that city, shall submit
to the Court Administrator a written report of the statistical
information required pursuant to this section and such other statistical
information as prescribed by the Supreme Court. The report must include,
without limitation, statistical information concerning:
1. Those cases which are pending and undecided and the municipal
judge to whom each case has been assigned;
2. The type and number of cases each municipal judge considered
during the preceding month;
3. The number of cases submitted to each municipal judge during
the preceding month;
4. The number of cases decided by each municipal judge during the
preceding month; and
5. The number of full judicial days in which each municipal judge
appeared in court or in chambers in performance of his duties during the
preceding month.
(Added to NRS by 1999, 707 )
1. Municipal courts have jurisdiction of civil actions or
proceedings:
(a) For the violation of any ordinance of their respective cities.
(b) To prevent or abate a nuisance within the limits of their
respective cities.
2. The municipal courts have jurisdiction of all misdemeanors
committed in violation of the ordinances of their respective cities. Upon
approval of the district court, a municipal court may transfer original
jurisdiction of a misdemeanor to the district court for the purpose of
assigning an offender to a program established pursuant to NRS 176A.250
.
3. The municipal courts have jurisdiction of:
(a) Any action for the collection of taxes or assessments levied
for city purposes, when the principal sum thereof does not exceed $2,500.
(b) Actions to foreclose liens in the name of the city for the
nonpayment of those taxes or assessments when the principal sum claimed
does not exceed $2,500.
(c) Actions for the breach of any bond given by any officer or
person to or for the use or benefit of the city, and of any action for
damages to which the city is a party, and upon all forfeited
recognizances given to or for the use or benefit of the city, and upon
all bonds given on appeals from the municipal court in any of the cases
named in this section, when the principal sum claimed does not exceed
$2,500.
(d) Actions for the recovery of personal property belonging to the
city, when the value thereof does not exceed $2,500.
(e) Actions by the city for the collection of any damages, debts or
other obligations when the amount claimed, exclusive of costs or
attorney’s fees, or both if allowed, does not exceed $2,500.
4. Nothing contained in subsection 3 gives the municipal court
jurisdiction to determine any such cause when it appears from the
pleadings that the validity of any tax, assessment or levy, or title to
real property, is necessarily an issue in the cause, in which case the
court shall certify the cause to the district court in like manner and
with the same effect as provided by law for certification of causes by
Justice Courts.
[33:19:1865; B § 938; BH § 2452; C § 2533; RL § 4853; NCL § 8395] +
[34:19:1865; B § 939; BH § 2453; C § 2534; RL § 4854; NCL § 8396]—(NRS A
1959, 853; 1981, 652, 1928; 1985, 129, 671; 1991, 454; 2001 Special
Session, 258 )
If the county in which a municipal court is situated does not have a
department of alternative sentencing, the municipal court may contract
with a qualified person to administer a program of supervision for
persons whose sentences have been suspended pursuant to NRS 5.055 or who are sentenced to a term of residential
confinement pursuant to NRS 5.076 . If
the county in which the municipal court is situated has a department of
alternative sentencing, the chief of that department shall administer the
program of supervision.
(Added to NRS by 1987, 2232; A 1995, 873)—(Substituted in revision
for NRS 5.079)
1. Except as otherwise provided in subsection 2, NRS 211A.127
or another specific statute, or
unless the suspension of a sentence is expressly forbidden, a municipal
judge may suspend, for not more than 2 years, the sentence of a person
convicted of a misdemeanor. If the circumstances warrant, the municipal
judge may order as a condition of suspension that the offender:
(a) Make restitution to the owner of any property that is lost,
damaged or destroyed as a result of the commission of the offense;
(b) Engage in a program of community service, for not more than 200
hours;
(c) Actively participate in a program of professional counseling at
the expense of the offender;
(d) Abstain from the use of alcohol and controlled substances;
(e) Refrain from engaging in any criminal activity;
(f) Engage or refrain from engaging in any other conduct deemed
appropriate by the municipal judge;
(g) Submit to a search and seizure by the chief of a department of
alternative sentencing, an assistant alternative sentencing officer or
any other law enforcement officer at any time of the day or night without
a search warrant; and
(h) Submit to periodic tests to determine whether the offender is
using any controlled substance or alcohol.
2. If a person is convicted of a misdemeanor that constitutes
domestic violence pursuant to NRS 33.018 , the municipal judge may, after the person has
served any mandatory minimum period of confinement, suspend the remainder
of the sentence of the person for not more than 3 years upon the
condition that the person actively participate in:
(a) A program of treatment for the abuse of alcohol or drugs which
is certified by the Health Division of the Department of Health and Human
Services;
(b) A program for the treatment of persons who commit domestic
violence that has been certified pursuant to NRS 228.470 ; or
(c) The programs set forth in paragraphs (a) and (b),
Ê and that he comply with any other condition of suspension ordered by
the municipal judge.
3. The municipal judge may order reports from a person whose
sentence is suspended at such times as he deems appropriate concerning
the compliance of the offender with the conditions of suspension. If the
offender complies with the conditions of suspension to the satisfaction
of the municipal judge, the sentence may be reduced to not less than the
minimum period of confinement established for the offense.
4. The municipal judge may issue a warrant for the arrest of an
offender who violates or fails to fulfill a condition of suspension.
(Added to NRS by 1987, 1135; A 1989, 199; 1997, 34, 1477, 1806;
1999, 486 , 1382 , 1877 ; 2001, 87 , 429 ; 2001 Special Session, 122 ; 2005, 66 )
1. Municipal judges and municipal courts may issue all legal
process, writs and warrants necessary and proper to the complete exercise
of their powers.
2. All warrants issued by the municipal court must run to any
sheriff or constable of the county, the marshal or any policeman of the
city, or a marshal or park ranger who is part of a unit of specialized
law enforcement established pursuant to NRS 280.125 .
3. Any constable or sheriff may serve any process or make any
arrest authorized to be made by any officer of a city.
[39:19:1865; B § 944; BH § 2458; C § 2539; RL § 4859; NCL §
8401]—(NRS A 1983, 901; 1985, 672; 1995, 159)
1. Each municipal judge may use a facsimile signature produced
through a mechanical device in place of his handwritten signature
whenever the necessity arises and upon approval of the Supreme Court,
subject to the following conditions:
(a) That the mechanical device must be of such a nature that the
facsimile signature may be removed from the mechanical device and kept in
a separate secure place.
(b) That the use of the facsimile signature may be made only under
the direction and supervision of the municipal judge whose signature it
represents.
(c) That the entire mechanical device must at all times be kept in
a vault, securely locked, when not in use, to prevent any misuse of the
device.
2. No facsimile signature produced through a mechanical device
authorized by the provisions of this section may be combined with the
signature of another officer.
(Added to NRS by 1989, 999)
There shall be no terms
in municipal courts. These courts shall always be open.
[40:19:1865; B § 945; BH § 2459; C § 2540; RL § 4860; NCL § 8402]
1. The practice and proceedings in the municipal court must
conform, as nearly as practicable, to the practice and proceedings of
Justice Courts in similar cases. An appeal perfected transfers the action
to the district court for trial anew, unless the municipal court is
designated as a court of record as provided in NRS 5.010 . The municipal court must be treated and
considered as a Justice Court whenever the proceedings thereof are called
into question.
2. Each municipal judge shall charge and collect such fees
prescribed in NRS 4.060 that are within
the jurisdictional limits of the municipal court.
(Added to NRS by 1989, 903; A 1991, 455; 1997, 115)
The Court Administrator
shall prescribe the form of the docket and of any other appropriate
records to be kept by the municipal court, which form may vary from court
to court according to the number and kind of cases customarily heard and
whether the court is designated as a court of record pursuant to NRS
5.010 .
(Added to NRS by 1971, 1997; A 1991, 161)
RESIDENTIAL CONFINEMENT
As used in NRS
5.0755 to 5.078 , inclusive, “residential confinement” means
the confinement of a person convicted of a misdemeanor to his place of
residence under the terms and conditions established by the sentencing
court.
(Added to NRS by 1987, 2231)
1. Except as otherwise provided in subsection 7, in lieu of
imposing any punishment other than a minimum sentence required by
statute, a municipal judge may sentence a person convicted of a
misdemeanor to a term of residential confinement. In making this
determination, the municipal judge shall consider the criminal record of
the convicted person and the seriousness of the crime committed.
2. In sentencing a convicted person to a term of residential
confinement, the municipal judge shall:
(a) Require the convicted person to be confined to his residence
during the time he is away from his employment, public service or other
activity authorized by the municipal judge; and
(b) Require intensive supervision of the convicted person,
including, without limitation, electronic surveillance and unannounced
visits to his residence or other locations where he is expected to be in
order to determine whether he is complying with the terms of his sentence.
3. In sentencing a convicted person to a term of residential
confinement, the municipal judge may, when the circumstances warrant,
require the convicted person to submit to:
(a) A search and seizure by the chief of a department of
alternative sentencing, an assistant alternative sentencing officer or
any other law enforcement officer at any time of the day or night without
a search warrant; and
(b) Periodic tests to determine whether the offender is using a
controlled substance or consuming alcohol.
4. Except as otherwise provided in subsection 5, an electronic
device may be used to supervise a convicted person sentenced to a term of
residential confinement. The device must be minimally intrusive and
limited in capability to recording or transmitting information concerning
the presence of the person at his residence, including, but not limited
to, the transmission of still visual images which do not concern the
activities of the person while inside his residence. A device which is
capable of recording or transmitting:
(a) Oral or wire communications or any auditory sound; or
(b) Information concerning the activities of the person while
inside his residence,
Ê must not be used.
5. An electronic device must be used in the manner set forth in
subsection 4 to supervise a person who is sentenced pursuant to paragraph
(b) of subsection 1 of NRS 484.3792 for a second violation within 7 years of driving under the
influence of intoxicating liquor or a controlled substance.
6. A term of residential confinement, together with the term of
any minimum sentence required by statute, may not exceed the maximum
sentence which otherwise could have been imposed for the offense.
7. The municipal judge shall not sentence a person convicted of
committing a battery which constitutes domestic violence pursuant to NRS
33.018 to a term of residential
confinement in lieu of imprisonment unless the municipal judge makes a
finding that the person is not likely to pose a threat to the victim of
the battery.
8. The municipal judge may issue a warrant for the arrest of a
convicted person who violates or fails to fulfill a condition of
residential confinement.
(Added to NRS by 1987, 2231; A 1991, 57, 1726; 1993, 1500; 1997,
1478, 1807, 3361; 1999, 669 , 675 , 2143 )
1. In sentencing a person to a term of residential confinement, a
municipal judge may establish the terms and conditions of that
confinement.
2. The municipal judge may, at any time, modify the terms and
conditions of the residential confinement.
3. The municipal judge shall cause a copy of his order to be
delivered to the convicted person and the local law enforcement agency.
(Added to NRS by 1987, 2231)
If it is determined
that the convicted person violated any term or condition of his
residential confinement, the sentence may be rescinded, modified or
continued. If it is rescinded, another punishment authorized by law must
be imposed.
(Added to NRS by 1987, 2232)
APPEALS TO DISTRICT COURT FROM MUNICIPAL COURTS IN CITIES INCORPORATED
UNDER GENERAL OR SPECIAL LAWS
1. After filing a notice of intention to appeal, which shall
include a statement of the character of the judgment, with the municipal
court and serving such notice upon the city attorney, a defendant who has
been convicted of a criminal violation in a municipal court may, if he
desires to be released from custody during the pendency of the appeal or
desires a stay of proceedings under the judgment until disposition of the
appeal, enter bail for the prosecution of the appeal, the payment of any
judgment, fine and costs that may be awarded against him on the appeal
for failure to prosecute the appeal and for the rendering of himself in
execution of the judgment from which he is appealing or of any judgment
rendered against him in the action appealed from in the district court to
which the action is appealed.
2. Any bail which has been entered in the municipal court for the
prosecution of the action in such court may be released or retained by
the court in partial satisfaction of the bail required pursuant to
subsection 1.
(Added to NRS by 1967, 1088)
1. When an appeal of a civil or criminal case from a municipal
court to a district court has been perfected and the district court has
rendered a judgment on appeal, the district court shall, within 10 days
from the date of such judgment, give written notice to the municipal
court of the district court’s disposition of the appealed action.
2. When a conviction for a violation of a municipal ordinance is
sustained and the fine imposed is sustained in whole or part, or a
greater fine is imposed, the district court shall direct that the
defendant pay the amount of the fine sustained or imposed by the district
court to the city treasurer of the city in which the municipal court from
which the appeal was taken is located.
(Added to NRS by 1967, 1089; A 1989, 903)
