Assembly Concurrent Resolution No. 32

Assembly Concurrent Resolution No. 32-Committee on

Elections, Procedures, and Ethics

FILE NUMBER

140

ASSEMBLY CONCURRENT RESOLUTION--Directing the Legislative Commission to conduct an interim study of family court systems.

Whereas, In 1991, the Nevada Legislature created family courts as a division of the district court in Clark and Washoe counties; and
Whereas, The family courts were established to handle legal problems encountered by families in a timely and efficient manner; and
Whereas, Contrary to the intended result, the families who have used the family courts have experienced needless delays and court orders that are not enforced, resulting in considerable stress and financial problems for the families; and
Whereas, Testimony has indicated that certain family court judges have taken approximately 2 years to decide cases involving child custody; and
Whereas, The caseload in the family courts has increased as much as 30 percent during the past 4 years; and
Whereas, In 1996, the family courts had approximately one and one-half times as many cases as the district courts, while the family courts had only half as many judges to carry this increased caseload; and
Whereas, There has been an apparent reluctance by the staff and judges of family courts to collect and provide information concerning the performance and efficiency of the family courts; and
Whereas, It appears that the family courts lack the resources required to adjudicate in a timely manner all of the cases involving divorce, child custody and support disputes, guardianship disputes, juvenile delinquency, adoption, paternity issues and domestic violence; and
Whereas, Additional information is required to help resolve these concerns and to assist the family court system to become more efficient and effective; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Legislative Commission is hereby directed to appoint a subcommittee composed of four members of the Senate and four members of the Assembly to conduct an interim study of the family courts in this state; and be it further
Resolved, That at least one of the legislators appointed to the subcommittee must be a resident of a county whose population is less than 100,000; and be it further
Resolved, That the Legislative Commission shall designate a chairman from among the members of the subcommittee; and be it further
Resolved, That the subcommittee make a concerted effort to hear testimony from persons and on behalf of governmental agencies involved in or affected by the family court system, such as:
1. The former members of the Clark County Family Court Implementation Committee;
2. County family services agency;
3. Family Courts and Services Center;
4. Court Appointed Special Advocate (CASA);
5. Family Mediation and Assessment Center (FMAC);
6. Child protective services agency;
7. Child Haven;
8. Family Violence Center;
9. Persons familiar with probate and guardianship programs;
10. Persons familiar with the Uniform Reciprocal Enforcement of Support Act (URESA) relating to paternity and family support;
11. Court interpreters;
12. Persons who operate drug court programs;
13. Administrators of the Family Courts; and
14. Neighborhood Justice Centers; and be it further
Resolved, That the study must include, but is not limited to, an evaluation of:
1. The organization and operation of family courts, including a review of the structure and administration of the family courts with consideration given to such factors as caseloads, facilities, staff resources, information technology and public access to court records;
2. The jurisdiction of family courts;
3. The time required to render decisions in family courts, particularly for cases concerning divorce and child custody, and possible actions that would expedite those proceedings;
4. The role of mediation and other alternative methods used in the resolution of disputes in family law matters, including an analysis and evaluation of laws in the State of California that require mediation before parties are allowed access to family courts;
5. Whether more programs and services should be made available to parents obtaining divorces to ease the transition for the affected children and methods to improve the access to existing programs and services;
6. Reports produced by the courts, including the preparation of task-oriented statistics;
7. The standardization of procedures and the consistency in decisions and judgments among the departments of the family court;
8. The involvement of the Family Mediation and Assessment Center;
9. The effectiveness of the administrators and staff of the family court; and
10. The referral of disputes to alternative methods of resolving disputes; and be it further
Resolved, That the subcommittee shall consult with the members of the advisory committee that is hereby created to assist the subcommittee to study the family courts in this state; and be it further
Resolved, That the advisory committee, consisting of six members, must be appointed as follows:
1. One member appointed by the presiding judge of the Second Judicial District to represent the Family Court of the Second Judicial District and one member appointed by the presiding judge of the Eighth Judicial District to represent the Family Court of the Eighth Judicial District, both of whom have knowledge and experience in the administration of a family court;
2. One member of the Family Law Section of the State Bar of Nevada appointed by the State Bar of Nevada;
3. One member who is a deputy district attorney appointed by the District Attorney of Washoe County and one member who is a deputy district attorney appointed by the District Attorney of Clark County, both of whom have knowledge and experience in family court matters; and
4. One member who has knowledge and experience in the collection of data and the processing of information appointed by the National Council of Juvenile and Family Court Judges, and be it further
Resolved, That the members of the advisory committee serve without salary and are not entitled to receive a per diem allowance or reimbursement for travel expenses; and be it further
Resolved, That the appointment of the members to the advisory committee must be made as soon as practicable after July 1, 1997; and be it further
Resolved, That except for the initial members, the term of office of each member of the advisory committee is 2 years and begins on July 1 of each odd-numbered year; and be it further
Resolved, That any recommended legislation proposed by the subcommittee must be approved by a majority of the members of the Senate and a majority of the members of the Assembly appointed to the subcommittee; and be it further
Resolved, That the Legislative Commission shall submit a report of its findings and any recommendations for legislation to the 70th session of the Nevada Legislature.
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