Assembly Bill No. 343-Assemblymen Carpenter, Anderson, Sandoval, de Braga, Amodei, Buckley, Segerblom, Tiffany, Dini, Lambert, Perkins, Herrera, Gustavson, Manendo, Koivisto, Nolan, Berman, Collins, Humke, Ohrenschall, Hettrick and Ernaut
April 9, 1997
____________
Referred to Committee on Judiciary
SUMMARY--Increases number of justices of supreme court of State of Nevada and authorizes use of panels. (BDR 1-1139)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to the supreme court of the State of Nevada; increasing the number of justices; providing for the election of the additional justices; authorizing the use of panels; providing for the abolishment of the positions of the additional justices in certain circumstances; making an appropriation; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 Chapter 2 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The supreme court may sit, hear and decide cases in panels of three justices. Concurrence of a majority of the justices sitting on a panel is necessary to decide a case. The full court shall reconsider any case decided by a panel if any two justices so request.
2. The full court may assign to a panel any case over which the supreme court has jurisdiction.
3. If panels of justices are established, the supreme court shall:
(a) Adopt rules to govern the use of panels for the hearing and decision of cases.
(b) Designate the places of holding court by panels.
Sec. 2. NRS 2.010 is hereby amended to read as follows:
2.010 The supreme court shall consist of a chief justice and [four] six associate justices. Each justice hereafter elected or appointed shall be commissioned by the governor [,] and , before entering upon the discharge of his duties, shall take the constitutional oath of office.
Sec. 3. NRS 2.030 is hereby amended to read as follows:
2.030 1. The justices of the supreme court [shall] must be chosen at general elections by the qualified electors of [the] this state. Except as provisionally limited in [subsection 2,] subsections 2 and 4, each justice [shall hold] holds his office for [the] a term of 6 years from and including the [1st] first Monday of January next after his election. The senior justice in commission [shall be] is the chief justice , and in case the commissions of [any] two or more of the justices [shall] bear the same date, [they] the justices shall determine by lot who [shall be] is the chief justice.
2. On October 1, 1967, the governor shall appoint two additional justices for terms expiring on the [1st] first Monday in January 1969. Their successors [shall] must be chosen as follows:
(a) One justice [shall] must be chosen at the general election in 1968, for a term of 4 years from and including the [1st] first Monday in January 1969.
(b) One justice [shall] must be chosen at the general election in 1968, for a term of 6 years from and including the [1st] first Monday in January 1969.
3. At the general election in 1968, in addition to the justices chosen pursuant to subsection 2, one justice [shall] must be chosen to succeed the justice whose term of office, current on October 1, 1967, expires on the [1st] first Monday in January 1969. At the general elections in 1972 and 1974, and every sixth year respectively thereafter, two justices [shall] must be chosen. At the general election in 1970, and every sixth year thereafter, one justice [shall] must be chosen.
4. Two additional justices must be chosen at the general election in 1998 for terms of 2 years which expire on the first Monday in January 2001. Their successors must be chosen at the general election in 2000, for terms of 6 years from and including the first Monday in January 2001.
5. At the general election in 1998, and every sixth year respectively thereafter, in addition to the justices elected pursuant to subsection 4, two justices must be chosen to succeed the justices whose terms of office expire on the first Monday in January 1999. At the general election in 2000, and every sixth year respectively thereafter:
(a) One justice must be chosen to succeed the justice whose term of office commenced on the first Monday in January 1995 and expires on the first Monday in January 2001.
(b) Two justices must be chosen to succeed the justices who served terms of 2 years pursuant to subsection 4.
At the general election in 2002, and every sixth year respectively thereafter, two justices must be chosen to succeed the justices whose terms of office expire on the first Monday in January 2003.
Sec. 4. NRS 2.050 is hereby amended to read as follows:
2.050 1. Until the first Monday in January 1997, the justices of the supreme court whose terms expire on the first Monday in January 1997 are entitled to receive an annual salary of $85,000. From and after the first Monday in January 1997, their successors in office are entitled to receive a salary of $107,600.
2. Until the first Monday in January 1999, the justices of the supreme court whose terms of office expire on the first Monday in January 1999 are entitled to receive an annual salary of $85,000. From and after the first Monday in January 1999, their successors in office are entitled to receive a salary of $107,600.
3. Until the first Monday in January 2001, the justice of the supreme court whose term of office expires on the first Monday in January 2001 is entitled to receive an annual salary of $85,000. From and after the first Monday in January 2001, his successor in office is entitled to receive a salary of $107,600.
4. The justices elected pursuant to subsection 4 of NRS 2.030 and their respective successors are entitled to receive a salary of $107,600.
5. All salaries provided for in this section are payable in biweekly installments as other state officers are paid.
Sec. 5. NRS 2.140 is hereby amended to read as follows:
2.140 [Three justices shall] Four justices constitute a quorum for the transaction of business, excepting such business as may be done at chambers [, and the] or by panels. The concurrence of [three] four justices who heard the argument [shall be] is necessary to pronounce [any] a judgment, except in [chamber business; and if three justices who have heard the argument do not agree, the case shall be reargued.] business done at chambers or by panels.
Sec. 6. NRS 281.010 is hereby amended to read as follows:
281.010 1. The following officers must be elected:
(a) A governor.
(b) A lieutenant governor.
(c) Two United States Senators.
(d) The number of members of the House of Representatives of the United States to which this state may be entitled.
(e) The number of presidential electors to which this state may be entitled.
(f) [Five justices] Justices of the supreme court.
(g) District judges.
(h) Senators and members of the assembly.
(i) A secretary of state.
(j) A state treasurer.
(k) A state controller.
(l) An attorney general.
(m) Other officers whose elections are provided for by law.
(n) For each county, and the equivalent officers for Carson City:
(1) One county clerk, who is ex officio clerk of the board of county commissioners and clerk of the district court of his county.
(2) One sheriff.
(3) One district attorney.
(4) One public administrator, except where otherwise provided by law.
(5) One county assessor, except where otherwise provided by law.
(6) One county treasurer, except where otherwise provided by law.
(7) The number of county commissioners as provided by law.
(8) One county recorder, who is ex officio county auditor [in counties in which] of his county if a county comptroller has not been appointed [.] in his county.
(9) Justices of the peace.
(10) Constables, except where otherwise provided by law.
2. The following officers must be appointed:
(a) Commissioners of deeds for the respective states and territories of the United States and foreign countries.
(b) All officers who are not elected.
Sec. 7. NRS 482.374 is hereby amended to read as follows:
482.374 1. The department shall furnish to each state senator and state assemblyman a special license plate or plates showing on the face thereof, in the case of the senators, "State Senator," together with the designated number showing the seniority of the senator in the senate, and, in the case of the assemblymen, "State Assemblyman" or "State Assemblywoman," as appropriate, together with the designated number showing the seniority of the assemblyman in the assembly. If two or more legislators have the same seniority, the designated number given to them must be determined according to the alphabetical order of their last names, except that numbers drawn by lot by legislators having the same seniority [prior to] before January 1, 1971, must be maintained in the same sequence.
2. The department shall furnish to each justice of the supreme court [, in order of seniority,] a special license plate or plates showing on the face thereof [:] "Supreme Court [Justice 1"; "Supreme Court Justice 2"; "Supreme Court Justice 3"; "Supreme Court Justice 4"; and "Supreme Court Justice 5."] Justice," together with the designated number showing the seniority of the justice. If two or more justices have the same seniority, the designated number given to them must be determined according to the alphabetical order of their last names.
3. The department shall issue the [licenses and duplicate set of] license plates described in this section and a duplicate set of those plates to the state legislators and justices of the supreme court upon payment of the license fees set forth in NRS 482.3745.
Sec. 8. 1. There is hereby appropriated from the state general fund to the supreme court of Nevada the sum of $451,153 for the fiscal year 1998-99 for payment of salaries and costs related to the addition of two new justices to the court pursuant to this act.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 9. 1. Sections 1 to 7, inclusive, of this act, expire by limitation on the date on which the qualified electors of this state approve a constitutional amendment that establishes an intermediate court of appeals within the State of Nevada.
2. Notwithstanding the provisions of subsection 1, the additional justices whose positions are abolished by the establishment of an intermediate court of appeals must be permitted to serve the remainder of the terms to which they were elected. At the end of those terms, the positions of the additional justices must be abolished, along with the positions of any staff hired directly to support the additional justices.
Sec. 10. 1. This section and section 3 of this act become effective on January 1, 1998.
2. Sections 1, 2 and 4 to 9, inclusive, of this act become effective on January 1, 1999.