Senate Bill No. 114

Senate Bill No. 114-Committee on Government Affairs

(On Behalf of the Nevada Judges Association)

February 5, 1997
____________

Referred to Committee on Government Affairs

SUMMARY--Increases length of term of office of municipal judges under certain circumstances. (BDR 21-339)

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 the judiciary; increasing the length of the term of office of municipal judges under certain circumstances; 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 266.405 is hereby amended to read as follows:
266.405 1. In addition to the mayor and city council, there must be in each city of the first or second class a city clerk, a city treasurer, or if those offices are combined pursuant to subsection 4, a city clerk and treasurer, a municipal judge and a city attorney. The offices of city clerk, city treasurer, municipal judge and city attorney may be either elective or appointive offices, as provided by city ordinance. [All] Unless otherwise provided in the charter of the city or by city ordinance, the term of office of a municipal judge is 6 years and until his successor is elected or appointed and qualified. The terms of office of all other elective officers [shall hold their respective offices for] are 4 years and until their successors are elected and qualified, except that cities of the third class may by ordinance provide that the mayor and city councilmen must be elected and [hold office for] their terms of office are 2 years.
2. In each city of the first or second class in which the officers are appointed pursuant to ordinance, the mayor, by and with the advice and consent of the city council, shall appoint all of the officers. The officers [shall] hold their respective offices at the pleasure of the mayor and city council.
3. In cities of the third class, the mayor, by and with the advice and consent of the city council, may appoint any or all such officers as may be deemed expedient, and those appointive officers [shall] hold their respective offices during the pleasure of the mayor and city council.
4. The governing body of a city may provide by ordinance for the office of city clerk and the office of city treasurer to be combined into the office of city clerk and treasurer.
Sec. 2. NRS 5.020 is hereby amended to read as follows:
5.020 1. Except as otherwise provided in subsection 2 [,] and NRS 266.405, each municipal judge must be chosen by the electors of the city within which the municipal court is established on a day to be fixed by the governing body of that city. [He shall hold his office for 1 year, unless a longer period is fixed by] Unless otherwise provided in the charter of the city [, in which case he shall hold his office for that longer period.] or by city ordinance, the term of office of a municipal judge is 6 years and until his successor is elected or appointed and qualified. Before entering upon his duties , a municipal judge shall take the constitutional oath of office. A municipal judge must:
(a) Be a citizen of the state;
(b) Except as otherwise provided in the charter of a city organized under a special charter, have been a bona fide resident of the city for not less than 1 year next preceding his election; and
(c) Be a qualified elector in the city.
2. The governing body of a city, with the consent of the board of county commissioners and the justice of the peace, may provide that a justice of the peace of the township in which the city is located is ex officio the municipal judge of the city.