Assembly Bill No. 89

Assembly Bill No. 89-Committee on Judiciary

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AN ACT relating to courts; requiring the approval of the appointment of a deputy clerk by the justice of the peace; providing for the supervision of a deputy clerk by the justice of the peace; providing for the appointment of a deputy clerk by the justice of the peace in a township in which no deputy clerk is appointed; and providing other matters properly relating thereto.

[Approved March 18, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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Section 1. NRS 4.350 is hereby amended to read as follows:
4.350 1. Except as otherwise provided in subsection 5, the county clerk, with the approval of the board of county commissioners [,] and the justice of the peace, may appoint a deputy clerk for the justice's court . [upon the recommendation of the justice of the peace.] The compensation of a clerk so appointed must be fixed by the board of county commissioners.
2. The deputy clerk shall take the constitutional oath of office and give bond in the sum of $2,000 for the faithful discharge of the duties of the office, and in the same manner as is required of other officers of the township and county. The county clerk is not personally liable, on his official bond or otherwise, for the acts of a deputy clerk appointed pursuant to this section.
3. The deputy clerk may , under the direct supervision of the justice of the peace, administer oaths, take and certify affidavits and acknowledgments, issue process, enter suits on the docket, and do all clerical work in connection with the keeping of the records, files and dockets of the court, and shall perform any other duties in connection with the office as the justice of the peace prescribes.
4. Except as otherwise provided in subsection 5, where there is more than one justice of the peace serving in any township, the county clerk may, with the approval of the board of county commissioners [,] and the justices of the peace, appoint a second deputy who shall comply with the requirements of subsection 2 and has the powers and duties prescribed in subsection 3.
5. In a county whose population is 400,000 or more, the board of county commissioners , with the approval of the justice of the peace, may appoint a deputy clerk for a justice's court . [upon the recommendation of the justice of the peace.] If there is more than one justice of the peace serving in any township, the board , with the approval of the justices of the peace, may appoint one or more additional deputy clerks.
6. If no deputy clerk is appointed for a township, the justice of the peace shall be deemed to be the [deputy] clerk of the court [.] and may appoint as many deputy clerks for the justice's court as he determines necessary.
Sec. 2. This act becomes effective on July 1, 1997.
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