SB 418 — Revises provisions relating to candidates for judicial office. (BDR 24-803)

(ReprintedSenate withBill amendmentsNo. adopted on April 19, 2023) FIRST REPRINT S.B.

418418–Committee SENATEon BILLJudiciary NOCHAPTER.......... .

418–COMMITTEE ON JUDICIARY M ARCH 27, 2023 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to candidates to the office of district judge.

(BDR 1-803) FISCAL NOTE:

Effect on Local Government:

May have Fiscal Impact.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

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

requiring a candidate tofor thejudicial office ofwho districtis judgenot the incumbent to submitcomplete anand applicationfile attestinga questionnaire containing certain information relating to his or her qualifications for office;

authorizing a candidate for judicial office who is the incumbent to complete and file such a questionnaire;

requiring the filing officer to post such a questionnaire on the internet website of the filing officer;

LegExistingLegislative lawCounsel’s setsDigest: forth certain qualifications for a person seeking to be a candidate to the office of district judge, which include that the person:

(1)Existing haslaw attainedsets forth certain qualifications for a person seeking to be a candidate for the ageoffice of 25justice years;of the Nevada Supreme Court, judge of the Court of Appeals, judge of a district court, justice of the peace or municipal judge.

(2)(NRS is2.020, an2A.020, attorney3.060, licensed4.010, and5.020) admittedWith tocertain practiceexceptions, existing law infurther therequires courtscertain ofpersons, thisincluding Statecandidates atfor thethese timejudicial ofoffices, electionto file a before his or appointment;her name may be printed on a ballot to be used at a primary election.

(3)(NRS has293.177) beenThis licensedbill torequires practicea lawperson inseeking thisto State,be anothera Statecandidate or the district of Columbia for ajudicial totaloffice ofwho is not lessthe thanincumbent 10to yearscomplete atand anyfile timewith precedinghis the election or appointment,her atdeclaration a bona fide resident of thiscandidacy Statea forquestionnaire 2that yearsis precedingprescribed by the electionNevada orSupreme appointment;nCourt andwhich (5)includes, haswithout notlimitation, everinformation beenon: removed or retired from judicial office.

(NRS(1) 3.060) This bill requires a person seeking to be a candidate to the officeeducation of district judge to submit with his or her declaration of candidacy the samecandidate; application that is prescribed by the Commission on Judicial Selection for a person who applies to fill a vacancy in the office of district judge.

Thisand billoffice furtherfor requireswhich thehe filingor officershe onis thefiling Interneta websitedeclaration of thecandidacy. filing officer.

Finally,This this bill providesalsoicial thatauthorizes sucha ancandidate applicationfor mustjudicial notoffice includewho anyis informationthe orincumbent materialto thatcomplete isand confidential.file such a questionnaire.

This bill further requires the filing officer, upon receipt of such a questionnaire, to publish the questionnaire on the Internet website of the filing officer.

EXPLANATION – Matter in bolded italics is new;

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

NRS(Deleted 3.060by isamendment.) herebySec. amended to read as follows:

3.060 1.

A person may not be a candidate for and is not eligible to the office of district judge unless the person:

- *SB418_R1* – 2 – (a) Has attained the age of 25 years.

(b) Is an attorney licensed and admitted to practice law in the courts of this State at the time of the election or appointment.

(c) Has been an attorney licensed and admitted to practice law in the courts of this State, another state or the District of Columbia for a total of not less than 10 years at any time preceding the election or appointment, at least 2 years of which have been in this State.

(d) Is a qualified elector and has been a bona fide resident of this State for 2 years next preceding the election or appointment.

(e) Has not ever been removed from any judicial office by the Legislature or removed or retired from any judicial office by the Commission on Judicial Discipline.

ExceptChapter as293 otherwise provided in this subsection, each person who seeks to be a candidate to the office of districtNRS court must submit to the filing officer with his or her declaration of candidacy the same application that is prescribedhereby amended by theadding Commissionthereto on Judicial Selection for a personnew whosection applies to fillread aas vacancyfollows: in the office of district judge.

Upon1. receipt, the filing officer shall post the person’s application on the Internet website of the filing officer.

AnA applicationcandidate thatfor isjudicial submittedoffice orwho postedis pursuantnot tothe thisincumbent subsectionshall mustcomplete notand includefile anywith informationthe orfiling materialofficer, thatalong iswith confidential pursuant to the rulesdeclaration of thecandidacy Commissionfor orthat anyoffice, provisiona ofquestionnaire federalprescribed orby statethe law.Nevada Supreme Court.

The questionnaire must include, without limitation, information on:

(a) The education of the candidate;

and (b) The qualifications possessed by the candidate which are relevant to the judicial office for which he or she is filing.

- 82nd Session (2023) – 2 – 2.

A candidate for judicial office who is the incumbent may complete and file with the filing officer the questionnaire described in subsection 1 within the time period prescribed by NRS 293.177 for a candidate to file a declaration of candidacy.

ForUpon thereceipt purposes of thisthe section,questionnaire acompleted personand isfiled eligiblepursuant to besubsection a1 candidateor for2, the officefiling ofofficer districtshall judgepost if a decision to remove or retire the personquestionnaire fromon a judicial office is pending appeal before the SupremeInternet Courtwebsite orof has been overturned by the Supremefiling Court.officer.