[Rev. 11/21/2013 8:55:51
AM--2013]
CHAPTER 5 - MUNICIPAL COURTS
GENERAL PROVISIONS
NRS 5.010 General
requirements for court; designation as court of record.
NRS 5.020 Municipal
judges: Election; term; oath; qualifications; justice of the peace as ex
officio municipal judge.
NRS 5.023 Municipal
judges pro tempore.
NRS 5.024 Senior
municipal judges.
NRS 5.025 Courses
of instruction for municipal judges; payment of costs.
NRS 5.026 Attendance
required at courses of instruction; penalty for unexcused absence.
NRS 5.030 Compensation
of municipal judges.
NRS 5.040 Municipal
judges: Power to take and certify acknowledgments.
NRS 5.045 Report
of certain statistical information to be submitted to Court Administrator.
NRS 5.050 Jurisdiction.
NRS 5.052 Administration
of program of supervision for persons with suspended sentences or persons
sentenced to residential confinement.
NRS 5.055 Suspension
of sentence; conditions of suspension; reduction of sentence; arrest for
violation of condition of suspension.
NRS 5.057 Determination
if defendant is a veteran or member of military; alternative program of
treatment.
NRS 5.060 Process,
writs and warrants.
NRS 5.065 Use
of facsimile signature: Conditions and restrictions.
NRS 5.070 Municipal
courts always open.
NRS 5.073 Conformity
of practice and proceedings to those of justice courts; exception; imposition
and collection of fees.
NRS 5.075 Form
of docket and records.
RESIDENTIAL CONFINEMENT
NRS 5.0755 “Residential
confinement” defined.
NRS 5.076 Power
to order; conditions of sentence; maximum term; arrest for violation of
condition.
NRS 5.077 Establishment
and modification of terms and conditions.
NRS 5.078 Violation
of terms and conditions.
APPEALS TO DISTRICT COURT FROM MUNICIPAL COURTS IN CITIES
INCORPORATED UNDER GENERAL OR SPECIAL LAWS
NRS 5.080 Notice
of intention to appeal; bail.
NRS 5.090 Judgment
on appeal; notice to municipal court; payment of fines.
_________
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GENERAL PROVISIONS
NRS 5.010 General requirements for court; designation as court of record. There must be in each city a municipal court
presided over by a municipal judge. The municipal court:
1. Must be held at such place in the city
within which it is established as the governing body of that city may by
ordinance direct.
2. May by ordinance be designated as a
court of record.
[35:19:1865; B § 940; BH § 2454; C § 2535; RL § 4855;
NCL § 8397]—(NRS A 1983, 899; 1985, 671; 1991, 161)
NRS 5.020 Municipal judges: Election; term; oath; qualifications; justice
of the peace as ex officio municipal judge.
1. Except as provided in subsection 3 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. The term
of office of a municipal judge is the period fixed by:
(a) An ordinance adopted by the city if the city
is organized under general law; or
(b) The charter of the city if the city is
organized under a special charter.
Ê Before
entering upon his or her duties, a municipal judge shall take the
constitutional oath of office.
2. 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 or her election;
(c) Be a qualified elector in the city; and
(d) Not have ever been removed or retired from
any judicial office by the Commission on Judicial Discipline.
3. 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.
4. For the purposes of this section, a
person shall not be ineligible to be a candidate for the office of municipal
judge 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.
[36:19:1865; B § 941; BH § 2454; C § 2536; RL § 4856;
NCL § 8398]—(NRS A 1983, 899; 1985, 671; 1999, 95, 1183)
NRS 5.023 Municipal judges pro tempore.
1. The governing body of the city shall
select a number of persons it determines appropriate to comprise a panel of
substitute municipal judges. The persons selected must not have ever been
removed or retired from any judicial office by the Commission on Judicial
Discipline and must be:
(a) Members in good standing of the State Bar of
Nevada;
(b) Adult residents of the city; or
(c) Justices of the peace of the county.
2. Whenever a municipal judge is
disqualified from acting in a case pending in the municipal court or is unable
to perform his or her duties because of his or her temporary sickness or
absence, the municipal judge shall, if necessary, appoint a person from the
panel of substitute municipal judges to act in his or her place.
3. A person so appointed must take and
subscribe to the official oath before acting as a municipal judge pro tempore.
While acting in that capacity, the municipal judge pro tempore is entitled to
receive a per diem salary set by the governing body. The annual sum expended
for salaries of municipal judges pro tempore must not exceed the amount
budgeted for that expense by the governing body.
4. If an appointment of a municipal judge
pro tempore becomes necessary and the municipal judge fails or is unable to
make the appointment, the mayor shall make the appointment from the panel of
substitute municipal judges.
5. For the purposes of this section, a
person shall not be ineligible to be a candidate for the office of municipal
judge pro tempore 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 1981, 1639; A 1983, 899; 1999, 95)
NRS 5.024 Senior municipal judges.
1. Notwithstanding any other provision of
law or city charter, a senior municipal judge who serves in that capacity or a
senior justice of the peace who serves in that capacity and who formerly served
as a municipal judge may serve temporarily in any municipal court in this
State, regardless of whether he or she is a resident of the city in which the
municipal court to which he or she is assigned is located.
2. As used in this section:
(a) “Senior justice of the peace” means a former
justice of the peace who has received a commission from the Supreme Court to
serve as a senior justice of the peace pursuant to the rules prescribed by the
Supreme Court.
(b) “Senior municipal judge” means a former judge
of a municipal court who has received a commission from the Supreme Court to
serve as a senior municipal judge pursuant to the rules prescribed by the
Supreme Court.
(Added to NRS by 2005, 105)
NRS 5.025 Courses of instruction for municipal judges; payment of costs.
1. The Court Administrator shall, at the
direction of the Chief Justice of the Supreme Court, arrange for the giving of
instruction, at the National Judicial College in Reno, Nevada, or elsewhere:
(a) In court procedure, recordkeeping and the
elements of substantive law appropriate to a municipal court, to each municipal
judge who is first elected or appointed to office after July 1, 1971, and to
other such judges who so desire and who can be accommodated, between each
election designated for the election of such judges and the date of entering
office.
(b) In statutory amendments and other
developments in the law appropriate to a municipal court, to all such judges at
convenient intervals.
2. Each city shall pay to the Supreme
Court the city’s pro rata share of the costs of such instruction as budgeted
for pursuant to the Local Government Budget and Finance Act.
3. The Supreme Court shall deposit with
the State Treasurer, for credit to the appropriate account of the Supreme
Court, all money received pursuant to subsection 2.
(Added to NRS by 1971, 838; A 1975, 1025; 1977, 362;
1981, 253; 1983, 109, 900; 2001, 1819)
NRS 5.026 Attendance required at courses of instruction; penalty for
unexcused absence.
1. Each municipal judge who is first
elected or appointed to office after July 1, 1971, shall attend the instruction
provided pursuant to NRS 5.025, on the first
occasion when such instruction is offered after the election or appointment of
the municipal judge, unless excused by written order of a judge of the district
court in and for the county where the city is situated, which must be filed
with the Court Administrator. Such an order is final for all purposes.
2. If a municipal judge fails to attend
such instruction without securing a written order pursuant to subsection 1, the
municipal judge forfeits his or her office.
(Added to NRS by 1971, 838; A 1977, 363; 1983, 900)
NRS 5.030 Compensation of municipal judges. Each
municipal judge is entitled to receive compensation as fixed by the charter of
the city or, if not fixed by a charter, by the governing body of the city, to
be paid by the city. That compensation must not be diminished during the period
for which the judge is elected. The compensation may be increased during that
period if so provided in the charter of the city.
[37:19:1865; B § 942; BH § 2456; C § 2537; RL § 4857;
NCL § 8399]—(NRS A 1983, 900; 1989, 283)
NRS 5.040 Municipal judges: Power to take and certify acknowledgments. Municipal judges, within their respective
cities, may 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.
[Part 63:19:1865; B § 968; BH § 2482; C § 2563; RL §
4883; NCL § 8425]—(NRS A 1983, 900)
NRS 5.045 Report of certain statistical information to be submitted to
Court Administrator. In the time
and manner prescribed by the Supreme Court, the municipal judge of a city or,
if there is more than one municipal judge for a city, a municipal judge
designated by mutual consent of the other municipal judges of that city, shall
submit to the Court Administrator a written report of the statistical
information required pursuant to this section and such other statistical
information as prescribed by the Supreme Court. The report must include,
without limitation, statistical information concerning:
1. Those cases which are pending and
undecided and the municipal judge to whom each case has been assigned;
2. The type and number of cases each
municipal judge considered during the preceding month;
3. The number of cases submitted to each
municipal judge during the preceding month;
4. The number of cases decided by each
municipal judge during the preceding month; and
5. The number of full judicial days in
which each municipal judge appeared in court or in chambers in performance of
his or her duties during the preceding month.
(Added to NRS by 1999, 707)
NRS 5.050 Jurisdiction.
1. Municipal courts have jurisdiction of
civil actions or proceedings:
(a) For the violation of any ordinance of their
respective cities.
(b) To prevent or abate a nuisance within the
limits of their respective cities.
2. The municipal courts have jurisdiction
of all misdemeanors committed in violation of the ordinances of their
respective cities. Upon approval of the district court, a municipal court may
transfer original jurisdiction of a misdemeanor to the district court for the
purpose of assigning an offender to a program established pursuant to NRS 176A.250 or 176A.280.
3. The municipal courts have jurisdiction
of:
(a) Any action for the collection of taxes or
assessments levied for city purposes, when the principal sum thereof does not
exceed $2,500.
(b) Actions to foreclose liens in the name of the
city for the nonpayment of those taxes or assessments when the principal sum
claimed does not exceed $2,500.
(c) Actions for the breach of any bond given by
any officer or person to or for the use or benefit of the city, and of any
action for damages to which the city is a party, and upon all forfeited
recognizances given to or for the use or benefit of the city, and upon all
bonds given on appeals from the municipal court in any of the cases named in
this section, when the principal sum claimed does not exceed $2,500.
(d) Actions for the recovery of personal property
belonging to the city, when the value thereof does not exceed $2,500.
(e) Actions by the city for the collection of any
damages, debts or other obligations when the amount claimed, exclusive of costs
or attorney’s fees, or both if allowed, does not exceed $2,500.
(f) Actions seeking an order pursuant to NRS 441A.195.
4. Nothing contained in subsection 3 gives
the municipal court jurisdiction to determine any such cause when it appears
from the pleadings that the validity of any tax, assessment or levy, or title
to real property, is necessarily an issue in the cause, in which case the court
shall certify the cause to the district court in like manner and with the same
effect as provided by law for certification of causes by justice courts.
[33:19:1865; B § 938; BH § 2452; C § 2533; RL § 4853;
NCL § 8395] + [34:19:1865; B § 939; BH § 2453; C § 2534; RL § 4854; NCL §
8396]—(NRS A 1959, 853; 1981, 652, 1928; 1985, 129, 671; 1991, 454; 2001
Special Session, 258; 2009, 111; 2013, 599)
NRS 5.052 Administration of program of supervision for persons with
suspended sentences or persons sentenced to residential confinement.
1. If the city in which a municipal court
is situated has a department of alternative sentencing, the chief of that department
shall administer a program of supervision for persons whose sentences have been
suspended pursuant to NRS 5.055 or who are
sentenced to a term of residential confinement pursuant to NRS 5.076.
2. If the city in which the municipal
court is situated does not have a department of alternative sentencing and:
(a) The county in which the municipal court is
situated has a department of alternative sentencing, the chief of the
department of alternative sentencing of the county shall administer the program
of supervision.
(b) The county in which the municipal court is
situated does not have a department of alternative sentencing, the municipal
court may contract with a qualified person to administer the program of
supervision.
(Added to NRS by 1987, 2232; A 1995, 873; 2009, 2259)
NRS 5.055 Suspension of sentence; conditions of suspension; reduction of
sentence; arrest for violation of condition of suspension.
1. Except as otherwise provided in
subsection 2, NRS 211A.127 or another
specific statute, or unless the suspension of a sentence is expressly
forbidden, a municipal judge may suspend, for not more than 2 years, the
sentence of a person convicted of a misdemeanor. If the circumstances warrant,
the municipal judge may order as a condition of suspension that the offender:
(a) Make restitution to the owner of any property
that is lost, damaged or destroyed as a result of the commission of the
offense;
(b) Engage in a program of community service, for
not more than 200 hours;
(c) Actively participate in a program of
professional counseling at the expense of the offender;
(d) Abstain from the use of alcohol and
controlled substances;
(e) Refrain from engaging in any criminal
activity;
(f) Engage or refrain from engaging in any other
conduct deemed appropriate by the municipal judge;
(g) Submit to a search and seizure by the chief
of a department of alternative sentencing, an assistant alternative sentencing
officer or any other law enforcement officer at any time of the day or night
without a search warrant; and
(h) Submit to periodic tests to determine whether
the offender is using any controlled substance or alcohol.
2. If a person is convicted of a
misdemeanor that constitutes domestic violence pursuant to NRS 33.018, the municipal judge may, after
the person has served any mandatory minimum period of confinement, suspend the
remainder of the sentence of the person for not more than 3 years upon the
condition that the person actively participate in:
(a) A program of treatment for the abuse of
alcohol or drugs which is certified by the Division of Public and Behavioral
Health of the Department of Health and Human Services;
(b) A program for the treatment of persons who
commit domestic violence that has been certified pursuant to NRS 228.470; or
(c) The programs set forth in paragraphs (a) and
(b),
Ê and that the
person comply with any other condition of suspension ordered by the municipal
judge.
3. The municipal judge may order reports
from a person whose sentence is suspended at such times as the municipal judge
deems appropriate concerning the compliance of the offender with the conditions
of suspension. If the offender complies with the conditions of suspension to
the satisfaction of the municipal judge, the sentence may be reduced to not
less than the minimum period of confinement established for the offense.
4. The municipal judge may issue a warrant
for the arrest of an offender who violates or fails to fulfill a condition of
suspension.
(Added to NRS by 1987, 1135; A 1989, 199; 1997, 34, 1477, 1806; 1999, 486, 1382, 1877; 2001, 87, 429; 2001
Special Session, 122; 2005, 66)
NRS 5.057 Determination if defendant is a veteran or member of military;
alternative program of treatment.
1. Before accepting a plea from a
defendant or proceeding to trial, the municipal judge shall address the defendant
personally and ask the defendant if he or she is a veteran or a member of the
military.
2. If the defendant is a veteran or a
member of the military and meets the qualifications of NRS 176A.285, the municipal court may,
if appropriate, take any action authorized by law for the purpose of having the
defendant assigned to:
(a) A program of treatment established pursuant
to NRS 176A.280; or
(b) If a program of treatment established
pursuant to NRS 176A.280 is not
available for the defendant, a program of treatment established pursuant to NRS 176A.250 or 453.580.
3. As used in this section:
(a) “Member of the military” has the meaning
ascribed to it in NRS 176A.043.
(b) “Veteran” has the meaning ascribed to it in NRS 176A.090.
(Added to NRS by 2009, 111)
NRS 5.060 Process, writs and warrants.
1. Municipal judges and municipal courts
may issue all legal process, writs and warrants necessary and proper to the
complete exercise of their powers.
2. All warrants issued by the municipal
court must run to any sheriff or constable of the county, the marshal or any
police officer of the city, or a marshal or park ranger who is part of a unit
of specialized law enforcement established pursuant to NRS 280.125.
3. Any constable or sheriff may serve any
process or make any arrest authorized to be made by any officer of a city.
[39:19:1865; B § 944; BH § 2458; C § 2539; RL § 4859;
NCL § 8401]—(NRS A 1983, 901; 1985, 672; 1995, 159)
NRS 5.065 Use of facsimile signature: Conditions and restrictions.
1. Each municipal judge may use a
facsimile signature produced through a mechanical device in place of his or her
handwritten signature whenever the necessity arises and upon approval of the
Supreme Court, 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 municipal 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 1989, 999)
NRS 5.070 Municipal courts always open. There
shall be no terms in municipal courts. These courts shall always be open.
[40:19:1865; B § 945; BH § 2459; C § 2540; RL § 4860;
NCL § 8402]
NRS 5.073 Conformity of practice and proceedings to those of justice
courts; exception; imposition and collection of fees.
1. The practice and proceedings in the
municipal court must conform, as nearly as practicable, to the practice and
proceedings of justice courts in similar cases. An appeal perfected transfers
the action to the district court for trial anew, unless the municipal court is
designated as a court of record as provided in NRS
5.010. The municipal court must be treated and considered as a justice
court whenever the proceedings thereof are called into question.
2. Each municipal judge shall charge and
collect such fees prescribed in NRS 4.060
that are within the jurisdictional limits of the municipal court.
(Added to NRS by 1989, 903; A 1991, 455; 1997, 115)
NRS 5.075 Form of docket and records. The
Court Administrator shall prescribe the form of the docket and of any other
appropriate records to be kept by the municipal court, which form may vary from
court to court according to the number and kind of cases customarily heard and
whether the court is designated as a court of record pursuant to NRS 5.010.
(Added to NRS by 1971, 1997; A 1991, 161)
RESIDENTIAL CONFINEMENT
NRS 5.0755 “Residential confinement” defined. As
used in NRS 5.0755 to 5.078,
inclusive, “residential confinement” means the confinement of a person
convicted of a misdemeanor to the person’s place of residence under the terms
and conditions established by the sentencing court.
(Added to NRS by 1987, 2231)
NRS 5.076 Power to order; conditions of sentence; maximum term; arrest for
violation of condition.
1. Except as otherwise provided in
subsection 7, in lieu of imposing any punishment other than a minimum sentence
required by statute, a municipal judge may sentence a person convicted of a
misdemeanor to a term of residential confinement. In making this determination,
the municipal judge shall consider the criminal record of the convicted person
and the seriousness of the crime committed.
2. In sentencing a convicted person to a
term of residential confinement, the municipal judge shall:
(a) Require the convicted person to be confined
to his or her residence during the time the convicted person is away from his
or her employment, public service or other activity authorized by the municipal
judge; and
(b) Require intensive supervision of the
convicted person, including, without limitation, electronic surveillance and
unannounced visits to his or her residence or other locations where the
convicted person is expected to be in order to determine whether the convicted
person is complying with the terms of his or her sentence.
3. In sentencing a convicted person to a
term of residential confinement, the municipal judge may, when the
circumstances warrant, require the convicted person to submit to:
(a) A search and seizure by the chief of a
department of alternative sentencing, an assistant alternative sentencing officer
or any other law enforcement officer at any time of the day or night without a
search warrant; and
(b) Periodic tests to determine whether the
offender is using a controlled substance or consuming alcohol.
4. Except as otherwise provided in
subsection 5, an electronic device may be used to supervise a convicted person
sentenced to a term of residential confinement. The device must be minimally
intrusive and limited in capability to recording or transmitting information
concerning the presence of the person at his or her residence, including, but
not limited to, the transmission of still visual images which do not concern
the activities of the person while inside his or her residence. A device which
is capable of recording or transmitting:
(a) Oral or wire communications or any auditory
sound; or
(b) Information concerning the activities of the
person while inside his or her residence,
Ê must not be
used.
5. An electronic device must be used in
the manner set forth in subsection 4 to supervise a person who is sentenced
pursuant to paragraph (b) of subsection 1 of NRS 484C.400 for a second violation
within 7 years of driving under the influence of intoxicating liquor or a
controlled substance.
6. A term of residential confinement,
together with the term of any minimum sentence required by statute, may not
exceed the maximum sentence which otherwise could have been imposed for the
offense.
7. The municipal judge shall not sentence
a person convicted of committing a battery which constitutes domestic violence
pursuant to NRS 33.018 to a term of
residential confinement in lieu of imprisonment unless the municipal judge makes
a finding that the person is not likely to pose a threat to the victim of the
battery.
8. The municipal judge may issue a warrant
for the arrest of a convicted person who violates or fails to fulfill a
condition of residential confinement.
(Added to NRS by 1987, 2231; A 1991, 57, 1726; 1993, 1500; 1997, 1478, 1807, 3361; 1999, 669, 675, 2143)
NRS 5.077 Establishment and modification of terms and conditions.
1. In sentencing a person to a term of
residential confinement, a municipal judge may establish the terms and
conditions of that confinement.
2. The municipal judge may, at any time,
modify the terms and conditions of the residential confinement.
3. The municipal judge shall cause a copy
of his or her order to be delivered to the convicted person and the local law
enforcement agency.
(Added to NRS by 1987, 2231)
NRS 5.078 Violation of terms and conditions. If
it is determined that the convicted person violated any term or condition of
the convicted person’s residential confinement, the sentence may be rescinded,
modified or continued. If it is rescinded, another punishment authorized by law
must be imposed.
(Added to NRS by 1987, 2232)
APPEALS TO DISTRICT COURT FROM MUNICIPAL COURTS IN CITIES
INCORPORATED UNDER GENERAL OR SPECIAL LAWS
NRS 5.080 Notice of intention to appeal; bail.
1. After filing a notice of intention to
appeal, which shall include a statement of the character of the judgment, with
the municipal court and serving such notice upon the city attorney, a defendant
who has been convicted of a criminal violation in a municipal court may, if the
defendant desires to be released from custody during the pendency of the appeal
or desires a stay of proceedings under the judgment until disposition of the
appeal, enter bail for the prosecution of the appeal, the payment of any
judgment, fine and costs that may be awarded against the defendant on the
appeal for failure to prosecute the appeal and for the rendering of himself or
herself in execution of the judgment from which the defendant is appealing or
of any judgment rendered against the defendant in the action appealed from in
the district court to which the action is appealed.
2. Any bail which has been entered in the
municipal court for the prosecution of the action in such court may be released
or retained by the court in partial satisfaction of the bail required pursuant
to subsection 1.
(Added to NRS by 1967, 1088)
NRS 5.090 Judgment on appeal; notice to municipal court; payment of fines.
1. When an appeal of a civil or criminal
case from a municipal court to a district court has been perfected and the
district court has rendered a judgment on appeal, the district court shall,
within 10 days from the date of such judgment, give written notice to the
municipal court of the district court’s disposition of the appealed action.
2. When a conviction for a violation of a
municipal ordinance is sustained and the fine imposed is sustained in whole or
part, or a greater fine is imposed, the district court shall direct that the
defendant pay the amount of the fine sustained or imposed by the district court
to the city treasurer of the city in which the municipal court from which the
appeal was taken is located.
(Added to NRS by 1967, 1089; A 1989, 903)
