AB 37 — Revises provisions relating to justice courts and municipal courts. (BDR 1-397)

A.B.Assembly Bill No.

3737–Committee ASSEMBLYon BILLJudiciary NOCHAPTER.......... .

37–COMMITTEE ON JUDICIARY (ON BEHALF OF THE N EVADA SUPREME C OURT ) PREFILED N OVEMBER 16, 2016 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to justice courts and municipal courts.

(BDR 1-397) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existing law requires district judges in a county whose population is 100,000 or more (currently Clark and Washoe Counties) to choose a chief judge who serves asas0 or the presiding judge and exercises administrative powers over the district court, adoptingincluding, ruleswithout andlimitation, regulationsassigning andcases, performingestablishing other duties prescribed by statute.rt, (NRS 3.025) Section 2 of this bill similarly requires, in townships with more than one justice of the peace,hours that the justices choose a chief justice of the peacecourt, whoadopting willrules serveand asregulations the presiding judge and haveperforming other duties similarprescribed toby thestatute. chief judge of a judicial district.

(NRS 3.025) Section 32 of this bill requiressimilarly therequires, selection of a chief municipal judge in citiestownships with more than one municipal judge, who will serve as the presiding judge and have duties similar to a chief justice of the peace and the chief judge of aaho judExisting law provides the procedure in which a district judge may be disqualified, requiring, in judicial districtsdistrict. having more than one judge, that the chief judge of a district court assign a district judge to rule on a motion to disqualify another district judge if the parties to a case cannot agree on a district judge to hear the motion.

Section 3 of this bill requires the selection of a chief municipal judge in cities with more than one municipal judge, who will serve as the presiding judge and have duties similar to a chief justice of the peace and the chief judge of a judicial district.

Existing law provides the procedure in which a district judge may be chief judge of a district court assign a district judge to rule on a motion tot the disqualify another district judge if the parties to a case cannot agree on a district judge to hear the motion.

(NRS 1.235) Section 1 of - *AB37* – 2 – this bill establishes a similar procedure for a motion to disqualify a justice of the peace and municipal court judge.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

- 79th Session (2017) – 2 – (a) Not less than 20 days before the date set for trial or hearing of the case;

2.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:

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:

Service must be made by delivering the copy to the judge personally or by leaving it at the judge’s chambers with some person of suitable age and discretion employedemp5.yed[The] therein.Except as otherwise provided in subsection 6, the judge against whom an affidavit alleging bias or prejudice is filed shall proceed no further with the matter and shall:

- *AB37* – 3 – 5.

[The] Except as otherwise provided in subsection 6, the judge against whom an affidavit alleging bias or prejudice is filed shall proceed no further with the matter and shall:

or - 79th Session (2017) – 3 – (c) If the judge is a municipal judge, immediately arrange for another municipal judge to preside at the trial or hearing of the matter as provided pursuant to NRS 5.023 or 5.024, as applicable.

A judge may challenge an affidavit alleging bias or prejudice by filing a written answer with the clerk of the court within 5 judicial 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 the judge’s disqualification.

(c) If the judge is a municipal judge, by the presiding judge of the municipal court in municipal courts having more than one municipal judge, or if the presiding judge is sought to be disqualified, by the municipal judge having the greatest number of yearsyea(d) ofIf service;there is no presiding judge, by the Supreme Court .

or[in (d)judicial Ifdistricts therehaving isonly noone presidingjudge.] judge,Sec. by the Supreme Court .

[in judicial districts having only one judge.] - *AB37* – 4 – Sec.

and - 79th Session (2017) – 4 – (d) Perform all other duties of the chief justice of the peace or of the presiding judge of a justice court that are set forth in this chapter and any other provision of NRS.

(a) Assign cases to each judge in the municipal court;

the municipal court;

and (d) Perform all other duties of the chief municipal judge or of chapterthe andpresiding anyjudge otherof provisiona ofmunicipal NRS.tcourt that are set forth in this Sec.chapter and any other provision of NRS.

Sec.

H~~~~~ 17 - *AB37*79th Session (2017)