Referred to Concurrent Committees on Judiciary
and Ways and Means
SUMMARY--Abolishes family court in county whose population is 400,000 or more. (BDR 1-1658)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to county government; abolishing family courts in a county whose population is 400,000 or more; 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 NRS 3.0105 is hereby amended to read as follows:
3.0105 1. There is hereby established, in each judicial district that includes a county whose population is 100,000 or more [,] but less than 400,000, a family court as a division of the district court.
2. If the caseload of the family court so requires, the presiding judge of the district, or the district judges by mutual consent in a district in which there is no presiding judge, may assign one or more judges of the district to act temporarily as judges of the family court.
3. If for any reason a judge of the family court is unable to act, any other district judge of the judicial district may be assigned as provided in subsection 2 to act temporarily as judge of the family court.
4. A judge assigned to the family court pursuant to subsection 2 or 3 for a period of 90 or more days must attend the instruction required pursuant to subsection 1 of NRS 3.028. Judges must not be assigned to the family court pursuant to subsections 2 and 3 on a rotating basis.
Sec. 2. NRS 3.0107 is hereby amended to read as follows:
3.0107 1. For the fiscal years beginning on and after July 1, 1991, the board of county commissioners of each county [whose population is] that has:
(a) A population of 100,000 or more but less than 400,000 may levy an ad valorem tax of not more than 1.92 cents on each $100 of assessed valuation upon all taxable property in the county for the support of the family court in the judicial district that includes that county.
(b) A population of 400,000 or more may levy an ad valorem tax of not more than 1.92 cents on each $100 of assessed valuation upon all taxable property in the county for the support of the district court in the judicial district that includes that county for use in cases relating to domestic, juvenile and family law.
2. The proceeds of the tax imposed pursuant to this section are exempt from the limitations imposed by NRS 354.59811 and must be excluded in determining the allowed revenue from taxes ad valorem for the county.
Sec. 3. NRS 3.018 is hereby amended to read as follows:
3.018 For the eighth judicial district there must be 24 district judges . [, 8 of whom must be judges of the family court.]
Sec. 4. NRS 3.028 is hereby amended to read as follows:
3.028 1. Unless he has previously attended such a course, each judge of the family court who is first elected or appointed on or after October 1, 1995, shall attend instruction at the National College of Juvenile and Family Law in Reno, Nevada, in a course designed for the training of new judges of juvenile courts and family courts, within 12 months after taking office.
2. Unless he has previously attended such a course, each district judge who is first elected or appointed on or after October 1, 1995, in a judicial district that does not include a county whose population is 100,000 or more [,] but less than 400,000 shall attend instruction at the National College of Juvenile and Family Law in Reno, Nevada, in a course designed for the training of new judges of juvenile courts and family courts, within 24 months after taking office.
3. The cost of the instruction must be paid from the account for continuing judicial education.
Sec. 5. NRS 62.020 is hereby amended to read as follows:
62.020 As used in this chapter, unless the context otherwise requires:
1. "Adult" means a person 18 years of age or older, a person between the ages of 14 and 18 who has been certified as an adult, a person less than 18 years of age who has been convicted as an adult for murder, attempted murder, or any lesser offense included in either, or a person 16 years of age or older who is not subject to the jurisdiction of the juvenile court, who has been previously adjudicated delinquent for committing an offense which would have been a felony if committed in this state by an adult and who is now charged with or has been convicted as an adult for:
(a) A sexual assault involving the use or threatened use of force or violence against the victim; or
(b) Any offense involving the use or threatened use of a deadly weapon or an attempt to commit such an offense.
2. "Child" means a person less than 18 years of age or a person less than 21 years of age who committed an act of delinquency before reaching the age of 18 years, unless in either case he has been certified or sentenced as an adult.
3. "Court" means the juvenile division of the district court.
4. "Indian child" has the meaning ascribed to it in 25 U.S.C. § 1903.
5. "Indian Child Welfare Act" means the Indian Child Welfare Act of 1978 (25 U.S.C. §§ 1901 et seq.).
6. "Judge" means the judge of the juvenile division of the district court.
7. "Juvenile court" or "juvenile division" means:
(a) In any judicial district that includes a county whose population is 100,000 or more [,] but less than 400,000, the family division of the district court; or
(b) In any other judicial district, the juvenile division of the district court.
8. "Minor traffic offense" means a violation of any state or local law, ordinance or resolution governing the operation of a motor vehicle upon any street, alley or highway within this state other than:
(a) A violation of chapter 484 or 706 of NRS that causes the death of a person;
(b) Driving a motor vehicle while under the influence of intoxicating liquor, a controlled substance or a drug in violation of NRS 484.379; or
(c) Any traffic offense declared to be a felony.
Sec. 6. NRS 62.123 is hereby amended to read as follows:
62.123 1. In each judicial district which includes a county whose population is 400,000 or more, there must be appointed a director of juvenile services. The appointment must be made by the judge or judges of the [family division of the] district court who are assigned by the judges of that [division] court to hear matters arising under this chapter or otherwise within the jurisdiction of the juvenile court. The appointment must be made from a list of candidates recommended by the probation committee.
2. The director of juvenile services is directly responsible to the [family] district court. He shall coordinate the services of and serve as liaison between the court and all agencies in the judicial district dealing with juveniles, including, but not limited to:
(a) The division of child and family services of the department of human resources;
(b) The public schools of the judicial district;
(c) All law enforcement agencies of the judicial district;
(d) The probation committee; and
(e) The detention home or facilities of the judicial district.
The director may also be responsible for carrying out preventive programs relating to juvenile delinquency.
3. The director shall administer the functions of the [family] district court relating to matters arising under this chapter or otherwise within the jurisdiction of the juvenile court.
4. The director shall serve at the pleasure of the court and is subject to removal or discharge only after having been given reasons therefor, in writing, and after having been afforded an opportunity to be heard before the court to answer thereto.
5. The director is entitled to such staff of employees to assist in the performance of his duties as is advised by the probation committee, approved by the judge or judges of the [family division,] district court, and consented to by the board or boards of county commissioners of the county or counties served by the judicial district.
6. The salary of the director must be fixed by the judge or judges of the [family division,] district court, with the advice of the probation committee and the consent of the board or boards of county commissioners of the county or counties served by the judicial district.
7. As used in this section, "matter otherwise within the jurisdiction of the juvenile court" means any proceeding that would be within the jurisdiction of the juvenile division of the district court if it were pending in any judicial district other than one described in subsection 1.
Sec. 7. NRS 176.059 is hereby amended to read as follows:
176.059 1. Except as otherwise provided in subsection 2, when a defendant pleads guilty or guilty but mentally ill or is found guilty of a misdemeanor, including the violation of any municipal ordinance, the justice or judge shall include in the sentence the sum prescribed by the following schedule as an administrative assessment and render a judgment against the defendant for the assessment:
Fine Assessment
$5 to $49 $10
50 to 59 25
60 to 69 30
70 to 79 35
80 to 89 40
90 to 99 45
100 to 199 55
200 to 299 65
300 to 399 75
400 to 499 85
500 to 1,000 100
2. The provisions of subsection 1 do not apply to:
(a) An ordinance regulating metered parking; or
(b) An ordinance which is specifically designated as imposing a civil penalty or liability pursuant to NRS 244.3575 or 268.019.
3. The money collected for an administrative assessment must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine. The money collected for an administrative assessment must be stated separately on the court's docket and must be included in the amount posted for bail. If the defendant is found not guilty or the charges are dismissed, the money deposited with the court must be returned to the defendant. If the justice or judge cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the administrative assessment remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay it. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of the fine or administrative assessment he has paid and the justice or judge shall not recalculate the administrative assessment.
4. If the justice or judge permits the fine and administrative assessment to be paid in installments, the payments must be first applied to the unpaid balance of the administrative assessment. The city treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 5. The county treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 6.
5. The money collected for administrative assessments in municipal court must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for the preceding month. The city treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:
(a) One dollar and fifty cents to the county treasurer for credit to a special account in the county general fund for the use of the county's juvenile court or for services to juvenile offenders.
(b) Two dollars and fifty cents for credit to a special revenue fund for the use of the municipal courts. Any money remaining in the special revenue fund after 2 fiscal years must be deposited in the municipal general fund if it has not been committed for expenditure in accordance with a plan for the acquisition of capital goods. The city treasurer shall provide, upon request by a municipal court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.
(c) The remainder of each assessment to the state treasurer for credit to a special account in the state general fund.
6. The money collected for administrative assessments in justices' courts must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. The county treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:
(a) One dollar and fifty cents for credit to a special account in the county general fund for the use of the county's juvenile court or for services to juvenile offenders.
(b) Two dollars and fifty cents for credit to a special revenue fund for the use of the justices' courts. Any money remaining in the special revenue fund after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure in accordance with a plan for the acquisition of capital goods. The county treasurer shall provide, upon request by a justice's court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.
(c) The remainder of each assessment to the state treasurer for credit to a special account in the state general fund.
7. The money apportioned to a juvenile court, a justice's court or a municipal court pursuant to this section must be used, in addition to providing services to juvenile offenders in the juvenile court, to improve the operation of the court, or to acquire a computer or the use of one, or both. Money used to improve the operation of the court may include expenditures for:
(a) Training and education of personnel;
(b) Acquisition of capital goods;
(c) Management and operational studies; or
(d) Audits.
8. Of the total amount deposited in the state general fund pursuant to subsections 5 and 6, the state controller shall distribute the money received, to the extent of legislative authorization, to the following public agencies in the following manner:
(a) Not less than 51 percent must be distributed to the office of the court administrator for allocation as follows:
(1) Eighteen and one-half percent of the amount distributed to the office of the court administrator for the administration of the courts.
(2) Nine percent of the amount distributed to the office of the court administrator for the development of a uniform system for judicial records.
(3) Nine percent of the amount distributed to the office of the court administrator for continuing judicial education.
(4) Sixty percent of the amount distributed to the office of the court administrator for the supreme court.
(5) Three and one-half percent of the amount distributed to the office of the court administrator for the payment for the services of retired justices and retired district judges.
(b) Not more than 49 percent must be used to the extent of legislative authorization for the support of:
(1) The central repository for Nevada records of criminal history;
(2) The peace officers' standards and training committee of the department of motor vehicles and public safety for the continuing education of persons whose primary duties are law enforcement;
(3) The operation by the Nevada highway patrol of a computerized switching system for information related to law enforcement; and
(4) The fund for the compensation of victims of crime.
9. As used in this section, "juvenile court" means:
(a) In any judicial district that includes a county whose population is 100,000 or more [,] but less than 400,000, the family division of the district court; or
(b) In any other judicial district, the juvenile division of the district court.
Sec. 8. NRS 210.010 is hereby amended to read as follows:
210.010 As used in NRS 210.010 to 210.290, inclusive:
1. "Administrator" means the administrator of the division of child and family services in the department of human resources.
2. "Director" means the director of the department of human resources.
3. "Juvenile court" means:
(a) In any judicial district that includes a county whose population is 100,000 or more [,] but less than 400,000, the family division of the district court; or
(b) In any other judicial district, the juvenile division of the district court.
4. "School" means the Nevada youth training center.
5. "Superintendent" means the superintendent of the school.
6. "Youth parole bureau" means the youth parole bureau of the division of child and family services in the department of human resources.
Sec. 9. NRS 210.400 is hereby amended to read as follows:
210.400 As used in NRS 210.400 to 210.715, inclusive:
1. "Administrator" means the administrator of the division of child and family services in the department of human resources.
2. "Director" means the director of the department of human resources.
3. "Juvenile court" means:
(a) In any judicial district that includes a county whose population is 100,000 or more [,] but less than 400,000, the family division of the district court; or
(b) In any other judicial district, the juvenile division of the district court.
4. "School" means the Caliente youth center.
5. "Superintendent" means the superintendent of the school.
6. "Youth parole bureau" means the youth parole bureau of the division of child and family services in the department of human resources.
Sec. 10. NRS 213.230 is hereby amended to read as follows:
213.230 As used in NRS 213.220 to 213.290, inclusive:
1. "Department" means the department of human resources.
2. "Juvenile court" means:
(a) In any judicial district that includes a county whose population is 100,000 or more [,] but less than 400,000, the family division of the district court; or
(b) In any other judicial district, the juvenile division of the district court.
3. "Special supervision program" means a probation program meeting the standards prescribed pursuant to NRS 213.220 to 213.290, inclusive, for the rehabilitation of offenders who were less than 18 years of age at the time of violating any state law, which includes:
(a) A degree of supervision substantially above the usual; and
(b) The use of new techniques rather than routine supervision techniques.
Sec. 11. NRS 244.2969 is hereby amended to read as follows:
244.2969 As used in NRS 244.297, 244.298 and 244.299, "juvenile court" means:
1. In any judicial district that includes a county whose population is 100,000 or more [,] but less than 400,000, the family division of the district court; or
2. In any other judicial district, the juvenile division of the district court.
Sec. 12. NRS 293.197 is hereby amended to read as follows:
293.197 1. In any judicial district that has more than one district judge, each department is a separate office for the purposes of nominating and electing the district judge of that department.
2. In any judicial district that includes a county whose population is 100,000 or more [:
(a) The] but less than 400,000, the departments of the family division of the district court must be denoted as such on all ballots and sample ballots, using the words "district court judge, family division, department ....." Each such department must be designated with a letter, beginning with "A" and continuing in sequence for each department.
[(b) The remaining]
3. Except as otherwise provided in subsection 2, in any judicial district that includes a county whose population is 100,000 or more, the departments of the district court must be denoted as such on all ballots and sample ballots, using the words "district court judge, department ....." Each such department must be designated with a numeral, beginning with "1" and continuing in sequence for each department.
Sec. 13. NRS 388.550 is hereby amended to read as follows:
388.550 1. With the approval of the juvenile court and the board of county commissioners, the board of trustees of a school district may employ necessary legally qualified teachers for the instruction of children detained in:
(a) A detention home or alternative program maintained by the county pursuant to the provisions of NRS 62.180.
(b) A juvenile forestry camp established by the county pursuant to the provisions of NRS 244.297.
(c) A juvenile training school established by the state pursuant to the provisions of chapter 210 of NRS.
2. As used in this section, "juvenile court" means:
(a) In any judicial district that includes a county whose population is 100,000 or more [,] but less than 400,000, the family division of the district court; or
(b) In any other judicial district, the juvenile division of the district court.
Sec. 14. NRS 425.381 is hereby amended to read as follows:
425.381 1. A master must be appointed as set forth in this section.
2. The district judges of [:
(a) The] the family court of the second judicial district shall appoint the masters for that district, and shall establish the qualifications and duties of those masters . [; and
(b) The family court of the eighth judicial district shall appoint the masters for that district, and shall establish the qualifications and duties of those masters.]
3. The district judges of the remaining judicial districts shall appoint the masters for those districts, and shall establish the qualifications and duties of those masters.
4. A master serves at the pleasure of the district judges who appointed him.
Sec. 15. NRS 432B.050 is hereby amended to read as follows:
432B.050"Court" means:
1. In any judicial district that includes a county whose population is 100,000 or more [,] but less than 400,000, the family division of the district court; or
2. In any other judicial district, the juvenile division of the district court.
Sec. 16. 1. In each judicial district that includes a county whose population is 400,000 or more:
(a) Each judge who is serving as a family court judge in such a district on the date on which this section becomes effective shall be permitted to serve the remainder of his term in that capacity.
(b) If a judge who is serving as a family court judge in such a district vacates his office before the expiration of his term, the governor shall, pursuant to the authority set forth in NRS 3.080, appoint a successor by granting a commission that expires at the next general election. A judge appointed in this manner shall not serve as a family court judge but shall serve as a member of the district court generally. If a general election takes place before the expiration of the original term of office, the successor elected to serve the remainder of the unexpired term shall not serve as a family court judge but shall serve as a member of the district court generally.
(c) Upon the expiration of the term of a judge who is serving as a family court judge in such a district, the office must be filled by election as required pursuant to NRS 281.010. A judge so elected shall not serve as a family court judge but shall serve as a member of the district court generally.
2. When each family court judge in a judicial district that includes a county whose population is 400,000 or more has:
(a) Vacated his office; or
(b) Completed the term to which he was elected,
the family court is abolished.
3. The presiding judge of a judicial district that includes a county whose population is 400,000 or more shall ensure that, as each family court judge is replaced pursuant to this section by a judge who serves as a member of the district court generally:
(a) The work load of the district court judges who are not assigned specifically to the family court is redistributed to ensure that the court is able to address effectively the cases that come before the court which are related to domestic, juvenile and family law.
(b) Persons employed with the family court in an administrative or supporting capacity are reassigned to judges who serve as members of the district court generally.
Sec. 17. 1. This section and section 16 of this act become effective upon passage and approval.
2. Sections 1 to 15, inclusive, of this act become effective when, pursuant to section 16 of this act, the family court of a judicial district that includes a county whose population is 400,000 or more has been abolished.