SB 63 — Revises provisions relating to the Judicial Department of State Government. (BDR 1-435)

(1) removing language authorizing a majority of justices of the Court to employ certain persons;

and (2) authorizing the Court to employ personnel necessary for thecertainthe operation, maintenance and improvement of the Court and the State Court System.

Sections 22 and 23 of this bill remove language authorizing a majority of justices - *SB63_R1* – 4 – to appoint and employ persons for the safety and security of the justices and employees of the Nevada Supreme Court.

(NRS 33.500-33.670) Existing law additionally provides, under certain circumstances, that an order for protection against domestic violence which is issued by the court of another state, territory or Indian tribe within the United States is valid and must be accorded full faith and credit and enforced by the courts and law enforcement officers of this State as if it were issued by a court in thisthisrts State.

(NRS 33.085) Section 30.5 of this bill similarly requires an order for protection against high-risk behavior which is issued by the court of another state, territory or Indian tribe within the United States to be accorded full faith and credit andExistingand lawenforced requiresby five justices of the Nevadacourts Supreme Court and eachlaw judgeenforcement ofofficers the Court of Appeals,this otherState. than the initial three judges, to be elected.

Existing law requires five justices of the Nevada Supreme Court and each judge of the Court of Appeals, other than the initial three judges, to be elected.

Section- 3782nd repealsSession various(2023) provisions– of4 law– Department, including provisions relating to the Judicialseals of certain courts, the qualifications of certain employees and the submission of certain reports.thereports. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

SectionEXPLANATION 1.– Matter in bolded italics is new;

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

THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.

A judge who directs that the court be held or continued at another place or location pursuant to subsection 1 may, in the same manner, revoke the order and, in his or her discretion, appoint - *SB63_R1* – 5 – another place [in the same city] or [county] location for holding or continuing the court.

1.090 The sitting of every court of justice [shall] must be public except as otherwise provided by law , [;] but the judge of any court may exclude any minor during any criminal trial therein except- [such82nd minorSession be(2023) on– trial,5 or]– when the minor is on trial or is testifying as a witness .

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 236.015,236(a) exceptTo forgive, theupon followingtheir purposes:request, instructions to a jury then deliberating on their verdict.

(a) To give, upon their request, instructions to a jury then deliberating on their verdict.

(f) 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 - *SB63_R1* – 6 – some person on behalf of the plaintiff, setting forth in the affidavit required by law for obtaining the writ the additional averment asasdavit follows:

5 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.

- 82nd Session (2023) – 6 – 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 mademad2.undNothing underherein andcontained byshall virtueaffect private transactions of theany writ.nature whatsoever.

2.

Nothing herein contained shall affect private transactions of any nature whatsoever.

The affidavit [of a party represented by an attorney must be accompanied by a certificate of the attorney of record] must contain a statement that the affidavit is filed in good faithfai(a) andInterposed is not [interposed for delay.]delay; :

(a) Interposed for delay;delay.] :

- *SB63_R1* – 7 – (a) Not less than 20 days before the date set for trial or hearing of the case;

- 82nd Session (2023) – 7 – (a) Within 10 days after the party or the party’s attorney is notified that the case has been assigned to a judge;

or (c) Before the jury is empaneled, evidence taken or any ruling made in the trial or hearing,  whichever occurs first.

(a) If the judge is a district judge, 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;

- *SB63_R1* – 8 – [6.] 7.

The question of the judge’s disqualification must thereupon be heard and determined by [another judge agreed - 82nd Session (2023) – 8 – upon by the parties or, if they are unable to agree, by] a judge appointed:

(a) If the judge is a district judge, 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;

A part-time judge may have a partner or associate who practices law in this State if the partner or associate does not engage in the practice of law before the part-time judge or in any court subject to the appellate jurisdiction of a court in which the part-timeparSec. judge sits.

Sec.9.judNRS 1.360 is hereby amended to read as follows:

9.

NRS 1.360 is hereby amended to read as follows:

- *SB63_R1* – 9 – 3.

4.] Develop a uniform system for collecting and compiling statistics and other data regarding the operation of the State Court - 82nd Session (2023) – 9 – System and transmit that information to the Supreme Court so that proper action may be taken in respect thereto;

Prepare and submit a budget of state appropriations necessary for the maintenance , [and] operation and improvement of thethereto;e State Court System and make recommendations in respect thereto;[6.] 4.

[6.] 4.

(1) The distribution of money deposited in the special account created [by] pursuant to NRS 176.0613 to assist with fundingfunding(2) andThe establishingcurrent status of any specialty court programs;programs to which money from the account was allocated since the last report;

(2) The current status of any specialty court programs to which money from the account was allocated since the last report;

and - *SB63_R1* – 10 – [11.] 9.

- 82nd Session (2023) – 10 – Sec.

Sec.

11.

NRS 1.500 is hereby amended to read as follows:

(d) The circumstances under which the Court Administrator will take disciplinary action against a certified or registered courtcourtl interpreter.

and - *SB63_R1*82nd Session (2023) – 11 – (b) Written permission authorizing the Court Administrator to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its initial report on the criminal history of the applicant and for reports thereafter upon renewal of the certification or registration, and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant.

With the advice of the committee established pursuant to NRS 1.530, adopt any [regulations] rules necessary to carry out a program for the certification [and] or registration of court interpretersint2.preImpose [.]on establisheda pursuantcertified toor NRSregistered 1.510.court interpreter:

2.

Impose on a certified or registered court interpreter:

(d)- An82nd administratorSession of(2023) a– justice12 court– orcounty municipalwhose population is less than 100,000;]municipal court ;

[in a county whose population is less than 100,000;] - *SB63_R1* – 12 – (e) A representative of the Nevada System of Higher Education;

The committee shall submit an annual report to the Chief Justice and to the Director of the Legislative Counsel Bureau for transmittal to the Legislature and make the annual report available to the public.

and [the demand for court interpreters for persons with limited English proficiency in courts of this State.] (2) Court interpreters who are not certified or registered whenwhe5.a acAs certifiedused orin registeredthis courtsection, interpreter“person iswith notlimited available.Englishable.

5.proficiency” has the meaning ascribed to it in NRS 1.510.

As used in this section, “person with limited English proficiency” has the meaning ascribed to it in NRS 1.510.

- 82nd Session (2023) – 13 – 2.

- *SB63_R1* – 13 – Sec.

16.

NRS 1.545 is hereby amended to read as follows:

The Court Administrator shall [develop andandlows: implement a] adopt rules prescribing the process by which a person with a criminal history may petition the Court Administrator to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a certificate or registration as a court interpreter pursuant to NRS 1.510.

implement a] adopt rules prescribing the process by which a person with a criminal history may petition the Court Administrator to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a certificate or registration as a court interpreter pursuant to NRS 1.510.

A person with a criminal history may petition the Court Administrator at any time, including, without limitation, before obtaining any education or paying any fee required to obtain aare certificate or registration.

and - 82nd Session (2023) – 14 – (b) A list of crimes, if any, that would disqualify a person from obtaining a certification or registration as a court interpreter from the Court Administrator.

The Court Administrator may request the criminal history record of a person who petitions the Court Administrator for a determination pursuant to subsection 1.

To the extent consistent with federal law, if the Court Administrator makes such a request of - *SB63_R1* – 14 – a person, the Court Administrator shall require the person to submit his or her criminal history record which includes a report from:

The Director shall transmit a compilation of the informationCommissionn receivedrecquarterly,uanunlessubsotherwise pursuanttodirectedislbyive to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.] Sec.

The Supreme Court may make rules not inconsistent with the Constitution and laws of the State for its own government, the government of the district courts, and the government of the State- Bar82nd ofSession Nevada.(2023) – 15 – adoption and take effect on a date specified by the Supreme Court .

Such rules shall be published promptly upon adoption and take effect on a date specified by the Supreme Court .

The Supreme Court, by rules adopted and published from time to time, shall regulate original and appellate civil practice and procedure, including, without limitation, pleadings, motions, writs, notices and forms of process, in judicial proceedings in all courts of the State, for the purpose of simplifying the same and of promoting - *SB63_R1* – 15 – the speedy determination of litigation upon its merits.

2.150 If [a room in which to hold the court, together with attendants, fuel, lights and stationery, suitable and sufficient for the transaction of business, is] an appropriate facility and any necessary staff, materials and technological resources are not provided by the State, the Court may [direct] order the [sheriff of any county where the session is held] State to provide [a room, attendants, fuel, lights and stationery,] an appropriate facility and any staff, materials and technological resources reasonably necessary for the transaction of the business of the Court, and the expenses must be paid out of the State Treasury.

[, subject to (a) That the followingmechanical conditions: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.

(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.

2.- 82nd Session (2023) – 16 – device authorized by the provisions of this section may be combined with the signature of another officer.] Sec.

No facsimile signature produced through a mechanical device authorized by the provisions of this section may be combined with the signature of another officer.] Sec.

- *SB63_R1* – 16 – Sec.

2.295 The Supreme Court [, or a majority thereof,] is authorized to appoint and employ one or more persons to provide for the safety and security of the justices and employees of the Supreme Court and to carry out any necessary police duties at the direction of the Chief Justice to maintain safe and reasonable access to justice for residents of Nevada.

2.410 The Supreme Court Law Library [shall] must be under the supervision and control of the Supreme Court, which may make and enforce such rules [and regulations] as may be necessary for the government,regulations shall] must assure that the Library is accessible for public use and servicesto users in all parts of the Library.State.

Such rules [or regulations shall] must assure that the Library is accessible for public use and to users in all parts of the State.

(b)- Prescribe82nd Session (2023) – 17 – (c) Adopt such other rules [or regulations] as are necessary for the hoursorderly conduct of court;court business;

(c) Adopt such other rules [or regulations] as are necessary for the orderly conduct of court business;

or - *SB63_R1* – 17 – (b) A child involved in the case is also involved in any other pending case or was involved in any other previously decided case assigned to a department of the family court in the judicial district, other than a case within the jurisdiction of the juvenile court pursuant to title 5 of NRS,  the Chief Judge shall assign the case to the department of the family court to which the other case is presently assigned or, if the other case has been decided, to the department of the family court that decided the other case, unless a different assignment is required by another provision of NRS, a court rule or the Revised Nevada Code of Judicial Conduct or the Chief Judge determines that a different assignment is necessary because of considerations related to the management of the caseload of the district judges within the judicial district.

Except as otherwise provided in this subsection, the district courts shall hold court at the county seat of their respective counties.more additional locations within the county for the district court to hold court.

The board of county commissioners may establish one or more additional locations within the county for the district court to hold court.

(a)- Provide82nd andSession furnish(2023) an– appropriate18 facility– for the transaction of the business of the court;

The necessary expenses incurred therein are a legal and valid claim against the county.] Except as otherwise provided in this subsection, the board of county - *SB63_R1* – 18 – commissioners may require the district court to expend money, appropriatedcommissioners forshall anot impose any specific purpose.requirements regarding the expenditure of money that interfere with the ability of the district court to carry out its constitutional functions.

The board of county commissioners shall not impose any specific requirements regarding the expenditure of money that interfere with the ability of the district court to carry out its constitutional functions.

If the board of county commissioners neglects or refuses to provide the resourcesdistrict requiredcourt bywith subsectionthe 2resources reasonable and necessary to perform the constitutional functions of the district court, the district court may order the board to provide such resources to be paid out of the county treasury.

4.155 In townships where more than one justice of the peace has been provided for by NRS 4.020, such justices of the peace shall have concurrent and coextensive jurisdiction within the territorialterritoriall limits provided by law, and may make such rules [and regulations,] not inconsistent with law, as will enable them to transact judicial business in a convenient and lawful manner.

2.- 82nd Session (2023) – 19 – (a) Assign cases to each justice of the peace of the justice court;

The chief justice of the peace shall:

(a) Assign cases to each justice of the peace of the justice court;

(c) Adopt such other rules [or regulations] as are necessary for the(d) Perform all other duties of the orderlychief conductmunicipal judge or of the presiding judge of a municipal court business;that are set forth in this chapter and any other provision of NRS.

and - *SB63_R1* – 19 – (d) Perform all other duties of the chief municipal judge or of the presiding judge of a municipal court that are set forth in this chapter and any other provision of NRS.

and (b) The adverse party was given reasonable notice and an opportunity to be heard before the order was issued or, in the case of an emergency order, the adverse party was given reasonable notice and an opportunity to be heard within the time required by the laws of the issuing state, territory or tribe and, in any event, within a reasonable time after the order was issued.

A law enforcement officer shall enforce an order for protection against high-risk behavior issued by a court of another state, territory or Indian tribe and shall make an arrest for a violation thereof in the same manner that a law enforcement - 82nd Session (2023) – 20 – officer would make an arrest for a violation of an emergency or extended order issued by a court of this State unless it is apparent to the officer that the order is not authentic on its face.

An officer shall determine that an order is authentic on its face if the order contains:con(a) The names of the parties;

(a) The names of the parties;

- *SB63_R1* – 20 – (a) A copy of an order for protection against high-risk behavior that has been provided to the officer;

(c) Oral or written confirmation from a law enforcement agency or court in the jurisdiction in which the order for protection against high-risk behavior was issued that the order is val(d) An examination of the totality of the circumstances concerning the existence of a valid and effective;effective order for protection against high-risk behavior.

or (d) An examination of the totality of the circumstances concerning the existence of a valid and effective order for protection against high-risk behavior.

A court or law enforcement officer who enforces an order for protection against high-risk behavior issued by a court of another state, territory or Indian tribe based upon a reasonable belief that the order is valid or who refuses to enforce such an order based upon a reasonable belief that the order is not valid and the employer of such a law enforcement officer are immune from- civil82nd andSession criminal(2023) – 21 – based on that belief.al liability for any action taken or not taken basedSec. on that belief.

Sec.

If the applicant reasonably believes that disclosing his or her address and contact information in the application would jeopardize his or her safety, the applicant may decline to disclose his or her address and contact information in the application.

- *SB63_R1* – 21 – (a) Must be disclosed to the court and, for criminal justice purposes, to any other authorized agency of criminal justice to allow the agency of criminal justice to carry out any duty required pursuant to NRS 33.017 to 33.100, inclusive;

A temporary order may be granted with or without notice to notice to the adverse party.party and a hearing on the application.r 5.

An extended order may only be granted after notice to the adverse party and a hearing on the application.

5.

If the adverse party has not been served pursuant to NRS 33.060 or 33.065 and fails to appear at the hearing, the court may, upon a showing that law enforcement, after due diligence, has been unable to serve the adverse party or that the adverse party has sought to avoid service by concealment, set a date for- a82nd secondSession hearing(2023) which– must22 be– held within 90 days after the date on which the first hearing was scheduled.

90 days after the 6.

If it appears to the satisfaction of the court from specific facts communicated by [telephone] electronic means to the court by an alleged victim that an act of domestic violence has occurred and the alleged perpetrator of the domestic violence has been arrested and is presently in custody pursuant to NRS 171.137, the court may grantcircumstances, athe temporarycourt order.shall confirm with the appropriate law enforcement agency that the applicant is an alleged victim and that the alleged perpetrator is in custody.

Before approving an order under such circumstances, the court shall confirm with the appropriate law enforcement agency that the applicant is an alleged victim and that the alleged perpetrator is in custody.

If such an order is received by the facility - *SB63_R1* – 22 – holding the alleged perpetrator while the alleged perpetrator is still in custody, the order must be personally served by an authorized employee of the facility before the alleged perpetrator is released.

In a county whose population is 52,000 or more, the court shall be available 24 hours a day, 7 days a week, including nonjudicial days and holidays, to receive electronic communications [by telephone] and for the issuance of a temporary order pursuant to subsection 8.

The clerk of the court shall inform the protected party upon the successful transfer of information concerning the registration to - 82nd Session (2023) – 23 – the Central Repository for Nevada Records of Criminal History as required pursuant to NRS 33.095.

33.5001.5.As used in NRS 33.500 to 33.670, inclusive, andows:

section 30.5 of this act, unless the context otherwise requires, the words and terms defined in NRS 33.510 to 33.540, inclusive, have the meanings ascribed to them in those sections.

31.5.

NRS 33.500 is hereby amended to read as follows:

33.500 As used in NRS 33.500 to 33.670, inclusive, and section 30.5 of this act, unless the context otherwise requires, the words and terms defined in NRS 33.510 to 33.540, inclusive, have the meanings ascribed to them in those sections.

Sec.

and - *SB63_R1* – 23 – (c) Repeat the statements of the person with limited English proficiency to the best of his or her ability.

3.interpreter has the same rights and privileges as the person with limited English proficiency including the right to examine all relevant material, but is not entitled to waive or exercise any of those rights or privileges on behalf of the person with limited English proficiency.

While in the proper performance of his or her duties, an interpreter has the same rights and privileges as the person with limited English proficiency including the right to examine all relevant material, but is not entitled to waive or exercise any of those rights or privileges on behalf of the person with limited English proficiency.

Payment may be - 82nd Session (2023) – 24 – made only upon the certificate of the judge, magistrate or other person presiding over the proceedings that the interpreter has performed the services required and incurred the expense claimed.

(a) “Interpreter” means a person who has a certificate or registration as an interpreter issued by the Court Administrator pursuant to NRS 1.510 and 1.520.

The juvenile court shall appoint at public expense an interpreter for a person with limited English proficiency in all - *SB63_R1* – 24 – proceedings conducted pursuant to the provisions of this title if the personper(a) withThe limitedchild Englishwho proficiencyis is:alleged to be or has been adjudicated delinquent or in need of supervision;

(a) The child who is alleged to be or has been adjudicated delinquent or in need of supervision;

Sec.- 82nd Session (2023) – 25 – 281.010 1.

35.The following officers must be elected:follows:

NRS 281.010 is hereby amended to read as follows:

281.010 1.

The following officers must be elected:

(m) An Attorney General.

- *SB63_R1* – 25 – (5) One county assessor, except where otherwise provided by law.

(8) One county recorder, who is ex officio county auditor in counties in which a county comptroller has not been appointed.appointed.or in (9) Justices of the peace.

(9) Justices of the peace.

not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

36.

The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

Sec.

Sec.- 82nd Session (2023) – 26 – approval.8.

38.

This section becomes effective upon passage and approval.2.

2.Sections 1 to 7, inclusive, 8.5 to 26, inclusive, and 28 to 37, inclusive, of this act become effective:

Sections 1 to 37, inclusive, of this act become effective:

LEADLINES3. OF REPEALED SECTIONS 1.060 Adjournment on absence of judge.

1.150Sections Clerk8 and 27 of districtthis courtact tobecome procureeffective seal;on July 1, 2023.

form~~~~~ of23 seal.- 82nd Session (2023)

1.170 Custody of seal.

1.180 Documents to which seal affixed.

2.210 Qualifications of Clerk.

2.230 Deputy clerks.

2.255 Penalties for violations by Clerk.

2.270 Destruction of obsolete exhibits by Clerk.

2.420 Hours of use by public.

2.450 Biennial report.f Librarian.

H - *SB63_R1*