[Rev. 6/29/2024 2:46:23 PM--2023]
COURT AND JUDGES
NRS 2A.010 Composition; commission; oath.
NRS 2A.020 Qualifications.
NRS 2A.030 Election.
NRS 2A.040 Appointment of initial judges by Governor.
NRS 2A.050 Chief Judge.
NRS 2A.060 Resignation of office.
NRS 2A.070 Vacancy filled by Governor; term.
NRS 2A.080 Salary.
NRS 2A.090 Service of judges as supplemental district judges.
NRS 2A.100 Pensions.
NRS 2A.110 Retirement because of incapacity, disability or advanced age.
NRS 2A.120 Benefits for surviving spouse.
NRS 2A.130 Benefits for surviving child.
NRS 2A.140 Benefits for survivor beneficiary and additional payees.
NRS 2A.150 Application and administration of provisions concerning pensions, retirement and benefits.
NRS 2A.160 Jurisdiction; review by Supreme Court.
NRS 2A.170 Power on appeal.
NRS 2A.180 Regular sessions; issuance of writs.
NRS 2A.190 Assignment of submitted cases; written decisions and opinions.
NRS 2A.200 Judge not to practice law.
NRS 2A.210 Absence from State; forfeiture of office.
NRS 2A.220 Power to take and certify acknowledgments and affidavits.
NRS 2A.230 Use of facsimile signature: Conditions and restrictions.
OFFICERS AND EMPLOYEES
NRS 2A.240 Clerk.
NRS 2A.250 Bailiff.
NRS 2A.260 Other employees.
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COURT AND JUDGES
NRS 2A.010 Composition; commission; oath. The Court of Appeals shall consist of a Chief Judge and two associate judges. Each judge of the Court of Appeals hereafter elected or appointed must be commissioned by the Governor and, before entering upon the discharge of duties, shall take the constitutional oath of office.
(Added to NRS by 2013, 1703)
1. A person may not be a candidate or be eligible for the office of judge of the Court of Appeals unless the person:
(a) Has attained the age of 25 years.
(b) Is an attorney licensed and admitted to practice law in the courts of this State at the time of the election or appointment.
(c) Has been an attorney licensed and admitted to practice law in the courts of this State, another state or the District of Columbia for not less than 15 years at any time preceding the election or appointment, at least 2 years of which have been in this State.
(d) Is a qualified elector and has been a bona fide resident of this State for 2 years next preceding the election or appointment.
(e) Has not ever been removed from any judicial office by the Legislature or removed or retired from any judicial office by the Commission on Judicial Discipline.
2. For the purposes of this section, a person is eligible to be a candidate for the office of judge of the Court of Appeals if a decision to remove or retire the person from a judicial office is pending appeal before the Supreme Court or has been overturned by the Supreme Court.
(Added to NRS by 2013, 1703)
NRS 2A.030 Election. Except as otherwise provided in NRS 2A.040, the judges of the Court of Appeals must be chosen at general elections by the qualified electors of this State. Except as otherwise provided in NRS 2A.040, each judge holds office for a term of 6 years from and including the first Monday of January next after the election.
(Added to NRS by 2013, 1704)
NRS 2A.040 Appointment of initial judges by Governor.
1. The initial three judges of the Court of Appeals must be appointed by the Governor from among three nominees selected for each individual office by the Commission on Judicial Selection pursuant to Section 20 of Article 6 of the Nevada Constitution within 30 days after the Commission delivers to the Governor its list of nominees.
2. If the Governor has not made the appointments required by subsection 1 within the 30-day time period, the Governor shall not make any other appointment to any public office until he or she has appointed a judge from the list submitted pursuant to subsection 1.
3. The judges appointed pursuant to this section shall serve a term of 2 years beginning on the first Monday in January 2015.
(Added to NRS by 2013, 1704)
NRS 2A.050 Chief Judge. The Chief Justice of the Supreme Court shall appoint one judge of the Court of Appeals to be the Chief Judge.
(Added to NRS by 2013, 1704)
NRS 2A.060 Resignation of office. Resignation of office by a judge of the Court of Appeals must be made to the Governor and to the Court Administrator. The Governor shall notify the Court Administrator as soon as practicable upon his or her acceptance of the resignation or retirement of a judge of the Court of Appeals.
(Added to NRS by 2013, 1704)
NRS 2A.070 Vacancy filled by Governor; term. When any vacancy occurs in the office of judge of the Court of Appeals, the Governor shall fill the same by granting a commission, which expires at the next general election by the people and upon the qualification of his or her successor, at which election a judge must be chosen for the balance of the unexpired term.
(Added to NRS by 2013, 1704)
1. Until the first Monday in January 2029, the annual base salary of each judge of the Court of Appeals is $165,000. On the first Monday in January 2029 and on the first Monday of every sixth year thereafter, the annual base salary of his or her successor in office must be increased by an amount equal to the cumulative percentage increase in the salaries of the classified employees of this State during the immediately preceding 6 years.
2. A judge of the Court of Appeals who has served as a justice of the Supreme Court, judge of the Court of Appeals or judge of a district court, or any combination thereof, for at least 4 years is entitled to an additional salary of 2 percent of his or her annual base salary for each year of service. The additional salary must not exceed 22 percent of his or her annual base salary.
3. The salary provided for in this section is payable in biweekly installments as other state officers are paid.
(Added to NRS by 2013, 1704; A 2023, 1776)
NRS 2A.090 Service of judges as supplemental district judges. The judges of the Court of Appeals shall also serve as ex officio supplemental district judges, and in that capacity shall perform such judicial duties as may be designated in the rules adopted by the Supreme Court, Section 3A of Article 6 of the Nevada Constitution.
(Added to NRS by 2013, 1704)
1. Any judge of the Court of Appeals who has served as a justice of the Supreme Court, judge of the Court of Appeals or judge of a district court in any one or more of those courts for a period or periods aggregating 22 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his or her life, a sum of money equal in amount to three-fourths the sum received as a salary for his or her judicial services during the last year thereof, payable monthly from the Judicial Retirement Fund established pursuant to NRS 1A.160.
2. Any judge of the Court of Appeals who has served as a justice of the Supreme Court, judge of the Court of Appeals or judge of a district court in any one or more of those courts for a period or periods aggregating 5 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his or her life, a sum of money equal in amount to 4.1666 percent of the sum received as a salary for his or her judicial services during the last year thereof, payable monthly from the Judicial Retirement Fund established pursuant to NRS 1A.160.
3. Any judge of the Court of Appeals who qualifies for a pension under the provisions of subsection 2 is entitled to receive, for each year served beyond 5 years up to a maximum of 22 years, an additional 4.1666 percent of the sum received as a salary for his or her judicial services during the last year thereof, payable as provided in subsection 2.
4. Any judge who has retired pursuant to subsection 3 and is thereafter recalled to additional active service in the court system is entitled to receive credit toward accumulating 22 years’ service for the maximum pension based upon the time he or she actually spends in the additional active service.
5. Any judge who has the years of service necessary to retire but has not attained the required age may retire at any age with a benefit actuarially reduced to the required retirement age. A benefit under this subsection must be reduced in the same manner as benefits are reduced for persons retired under the Public Employees’ Retirement System.
6. Any person receiving a pension pursuant to the provisions of this section is entitled to receive postretirement increases equal to those provided for persons retired under the Public Employees’ Retirement System.
7. Any judge who desires to receive the benefits of this section must file with the Executive Officer of the Public Employees’ Retirement Board an affidavit setting forth the fact that the judge is ending his or her service, the date and place of his or her birth, and the years he or she has served in any district court, the Court of Appeals or the Supreme Court.
8. The faith of the State of Nevada is hereby pledged that this section will not be repealed or amended so as to affect any judge who may have ended his or her service pursuant to it.
(Added to NRS by 2013, 1705)
NRS 2A.110 Retirement because of incapacity, disability or advanced age.
1. A judge of the Court of Appeals who has served as a justice of the Supreme Court, judge of the Court of Appeals or judge of a district court in any one or more courts for a period or periods aggregating 5 years or more and who becomes permanently incapacitated, physically or mentally, to perform the duties of office may retire from office regardless of age.
2. Any judge who retires pursuant to the provisions of subsection 1 or who is retired because of advanced age or mental or physical disability pursuant to Section 21 of Article 6 of the Nevada Constitution is entitled to receive annually from the State of Nevada, as a pension during the remainder of his or her life, the same pension the judge would receive under NRS 2A.100 based on his or her years of service, but without regard to his or her age.
3. Any judge, or a guardian of a judge on behalf of the judge if the judge is unable to act, who desires to retire voluntarily must give notice in writing to the Governor. The Governor shall appoint three physicians licensed to practice medicine in the State of Nevada to examine the judge and report the results to the Governor in writing. If a majority of the physicians is of the opinion that the judge is permanently incapacitated, physically or mentally, the Governor shall approve the retirement. The judge or a guardian of the judge must file with the Executive Officer of the Public Employees’ Retirement Board an affidavit setting forth the fact of the judge’s retirement and the years he or she has served in any or all of such courts.
4. Pensions payable pursuant to this section must be paid in the same manner as pensions are payable under NRS 2A.100. Fees and expenses of physicians appointed pursuant to this section must be paid out of funds from the Judicial Retirement Administrative Fund established pursuant to NRS 1A.200.
5. The faith of the State of Nevada is hereby pledged that this section will not be repealed or amended so as to affect adversely any judge who may have retired or been retired pursuant to its provisions.
(Added to NRS by 2013, 1705)
NRS 2A.120 Benefits for surviving spouse.
1. If a judge of the Court of Appeals at the time of his or her death had retired and was then receiving a pension under the provisions of NRS 2A.100, or if at the time of his or her death the judge had not retired but had performed sufficient service for retirement under the provisions of NRS 2A.100, the surviving spouse, if the spouse has attained the age of 60 years, is entitled, until the spouse’s death or remarriage, to receive monthly payments of $2,500 per month.
2. If a surviving spouse of a judge is not eligible to receive benefits pursuant to subsection 1, the spouse is entitled, until the spouse’s death or remarriage or until the spouse becomes eligible to receive those benefits, to receive payments equal in amount to the payment provided in subsection 1 of NRS 286.674 for the spouse of a deceased member of the Public Employees’ Retirement System.
3. To obtain these benefits, the surviving spouse must make application to the Executive Officer of the Public Employees’ Retirement Board and furnish such information as may be required pursuant to reasonable regulations adopted for the purpose of carrying out the intent of this section.
4. Any person receiving a benefit pursuant to the provisions of this section is entitled to receive postretirement increases equal to those provided for persons retired under the Public Employees’ Retirement System.
5. It is the intent of this section that no special fund be created for the purpose of paying these benefits, and all payments made under the provisions of this section are to be made out of and charged to the Judicial Retirement Fund established pursuant to NRS 1A.160.
(Added to NRS by 2013, 1706)
NRS 2A.130 Benefits for surviving child.
1. Each child of a deceased judge of the Court of Appeals is entitled to receive payments equal in amount to the payments provided in NRS 286.673 for the child of a deceased member of the Public Employees’ Retirement System.
2. In determining whether a child is a full-time student or financially dependent and physically or mentally incompetent, as provided in NRS 286.673, the Executive Officer of the Public Employees’ Retirement Board shall use any applicable standards and procedures established by the Public Employees’ Retirement Board.
3. It is the intent of this section that no special fund be created for the payment of benefits, and all payments made under the provisions of this section are to be made out of and charged to the Judicial Retirement Fund established pursuant to NRS 1A.160.
(Added to NRS by 2013, 1707)
NRS 2A.140 Benefits for survivor beneficiary and additional payees.
1. A judge of the Court of Appeals may designate, in writing, a survivor beneficiary and one or more additional payees to receive the payments provided pursuant to this section if the judge is unmarried on the date of his or her death. A designation pursuant to this section must be made on a form approved by the Court Administrator. If the judge has designated one or more payees in addition to the survivor beneficiary, the judge must designate the percentage of the payments that the survivor beneficiary and each additional payee is entitled to receive.
2. Except as otherwise provided in this subsection, if a judge of the Court of Appeals at the time of his or her death had retired and was then receiving a pension pursuant to the provisions of NRS 2A.100, or if at the time of his or her death the judge had not retired but had performed sufficient service for retirement pursuant to the provisions of NRS 2A.100, the survivor beneficiary designated pursuant to subsection 1, if the survivor beneficiary has attained the age of 60 years, is entitled, until his or her death, to receive monthly payments of $2,500 per month. If the judge had designated one or more payees in addition to the survivor beneficiary pursuant to subsection 1, the monthly payments paid pursuant to this subsection must be divided between the survivor beneficiary and any additional payee in the proportion designated by the judge pursuant to subsection 1.
3. Except as otherwise provided in this subsection, if a survivor beneficiary of a judge is not eligible to receive benefits pursuant to subsection 2, the survivor beneficiary is entitled, until his or her death or until he or she becomes eligible to receive those benefits, to receive payments equal in amount to the payment provided in subsection 1 of NRS 286.67675 for the survivor beneficiary of a deceased member of the Public Employees’ Retirement System. If the judge had designated one or more payees in addition to the survivor beneficiary pursuant to subsection 1, the payments paid pursuant to this subsection must be divided between the survivor beneficiary and any additional payee in the proportion designated by the judge pursuant to subsection 1.
4. To obtain the benefits authorized by subsection 3, the survivor beneficiary must make application to the Executive Officer of the Public Employees’ Retirement Board and furnish such information as may be required pursuant to reasonable regulations adopted for the purpose of carrying out the intent of this section.
5. Any person receiving a benefit pursuant to the provisions of this section is entitled to receive postretirement increases equal to those provided for persons retired pursuant to the Public Employees’ Retirement System.
6. It is the intent of this section that no special fund be created for the purpose of paying these benefits, and all payments made pursuant to the provisions of this section are to be made out of and charged to the Judicial Retirement Fund established pursuant to NRS 1A.160.
(Added to NRS by 2013, 1707)
NRS 2A.150 Application and administration of provisions concerning pensions, retirement and benefits. The provisions of NRS 2A.100 to 2A.150, inclusive:
1. Apply only to a judge of the Court of Appeals or a surviving spouse or surviving child of a judge of the Court of Appeals who served as a justice of the Supreme Court or district judge before November 5, 2002;
2. Are administered by the Public Employees’ Retirement Board pursuant to NRS 1A.100; and
3. Are part of the Judicial Retirement System established pursuant to NRS 1A.100.
(Added to NRS by 2013, 1708)
NRS 2A.160 Jurisdiction; review by Supreme Court. The Supreme Court shall fix by rule the jurisdiction of the Court of Appeals and shall provide for the review, where appropriate, of appeals decided by the Court of Appeals.
(Added to NRS by 2013, 1708)
NRS 2A.170 Power on appeal. The Court of Appeals may reverse, affirm or modify the judgment or order appealed from as to any or all of the parties, and may, if necessary, order a new trial, and in a criminal action, order the new trial to be had in the proper place. On a direct appeal from an order in a civil action granting a motion to change the place of trial of an action or refusing to change the place of trial, the Court may affirm or reverse the order and order the trial to be had in the proper place. An order in a civil action changing or refusing to change the place of trial must not be appealed from on an appeal from a judgment, but only on direct appeal from the order changing or refusing to change the place of trial. When the judgment or order appealed from is reversed or modified, this Court may make, or direct the inferior court to make, complete restoration of all property and rights lost by the erroneous judgment or order.
(Added to NRS by 2013, 1708)
NRS 2A.180 Regular sessions; issuance of writs. The Court of Appeals shall:
1. Hold such regular sessions during each calendar year as are necessary to dispose of its business.
2. Always be open for the issuance of writs.
(Added to NRS by 2013, 1708)
NRS 2A.190 Assignment of submitted cases; written decisions and opinions.
1. Immediately upon a case being submitted to the Court of Appeals it must be assigned to one member of the court for the preparation of an opinion.
2. All opinions and decisions rendered by the Court of Appeals must be in writing, signed by the judges concurring therein, and must be spread at large on the records of the Court kept for that purpose.
(Added to NRS by 2013, 1708)
NRS 2A.200 Judge not to practice law. A judge of the Court of Appeals shall not act as attorney or counsel in any court except in an action or proceeding to which the judge is a party on the record.
(Added to NRS by 2013, 1708)
NRS 2A.210 Absence from State; forfeiture of office. A judge of the Court of Appeals shall not absent himself or herself from this State for more than 90 consecutive days. A violation of the provisions of this section shall work a forfeiture of office.
(Added to NRS by 2013, 1708)
NRS 2A.220 Power to take and certify acknowledgments and affidavits. The judges of the Court of Appeals have power in any part of the State to take and certify:
1. The acknowledgment of conveyances and the satisfaction of a judgment of any court.
2. An affidavit to be used in any court of justice in this State.
(Added to NRS by 2013, 1708)
NRS 2A.230 Use of facsimile signature: Conditions and restrictions.
1. Each judge of the Court of Appeals may use a facsimile signature produced through a mechanical device in place of the judge’s handwritten signature whenever the necessity arises and upon approval of the Court of Appeals, subject to the following conditions:
(a) That the mechanical device must be of such a nature that the facsimile signature may be removed from the mechanical device and kept in a separate secure place.
(b) That the use of the facsimile signature may be made only under the direction and supervision of the judge whose signature it represents.
(c) That the entire mechanical device must at all times be kept in a vault, securely locked, when not in use, to prevent any misuse of the device.
2. No facsimile signature produced through a mechanical device authorized by the provisions of this section may be combined with the signature of another officer.
(Added to NRS by 2013, 1709)
OFFICERS AND EMPLOYEES
NRS 2A.240 Clerk. The Clerk of the Supreme Court is ex officio clerk of the Court of Appeals.
(Added to NRS by 2013, 1709)
NRS 2A.250 Bailiff. The Bailiff of the Supreme Court is ex officio bailiff of the Court of Appeals.
(Added to NRS by 2013, 1709)
NRS 2A.260 Other employees. The Court of Appeals, or a majority thereof, is authorized to employ stenographic clerks, law clerks, legal assistants, legal secretaries and other necessary employees within the limits of the appropriation made for the support of the Court of Appeals.
(Added to NRS by 2013, 1709)