2005 Nevada Revised Statutes - Chapter 5 — Municipal Courts

CHAPTER 5 - MUNICIPAL COURTS

GENERAL PROVISIONS

NRS 5.010 Generalrequirements for court; designation as court of record.

NRS 5.020 Municipaljudges: Election; term; oath; qualifications; justice of the peace as exofficio municipal judge.

NRS 5.023 Municipaljudges pro tempore.

NRS 5.024 Seniormunicipal judges.

NRS 5.025 Coursesof instruction for municipal judges; payment of costs.

NRS 5.026 Attendancerequired at courses of instruction; penalty for unexcused absence.

NRS 5.030 Compensationof municipal judges.

NRS 5.040 Municipaljudges: Power to take and certify acknowledgments.

NRS 5.045 Reportof certain statistical information to be submitted to Court Administrator.

NRS 5.050 Jurisdiction.

NRS 5.052 Administrationof program of supervision for persons with suspended sentences or persons sentencedto residential confinement.

NRS 5.055 Suspensionof sentence; conditions of suspension; reduction of sentence; arrest forviolation of condition of suspension.

NRS 5.060 Process,writs and warrants.

NRS 5.065 Useof facsimile signature: Conditions and restrictions.

NRS 5.070 Municipalcourts always open.

NRS 5.073 Conformityof practice and proceedings to those of Justice Courts; exception; impositionand collection of fees.

NRS 5.075 Formof docket and records.

RESIDENTIAL CONFINEMENT

NRS 5.0755 Residentialconfinement defined.

NRS 5.076 Powerto order; conditions of sentence; maximum term; arrest for violation ofcondition.

NRS 5.077 Establishmentand modification of terms and conditions.

NRS 5.078 Violationof terms and conditions.

APPEALS TO DISTRICT COURT FROM MUNICIPAL COURTS IN CITIESINCORPORATED UNDER GENERAL OR SPECIAL LAWS

NRS 5.080 Noticeof intention to appeal; bail.

NRS 5.090 Judgmenton appeal; notice to municipal court; payment of fines.

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GENERAL PROVISIONS

NRS 5.010 Generalrequirements for court; designation as court of record. There must be in each city a municipal court presided overby a municipal judge. The municipal court:

1. Must be held at such place in the city within whichit is established as the governing body of that city may by ordinance direct.

2. May by ordinance be designated as a court ofrecord.

[35:19:1865; B 940; BH 2454; C 2535; RL 4855;NCL 8397](NRS A 1983, 899; 1985, 671; 1991, 161)

NRS 5.020 Municipaljudges: Election; term; oath; qualifications; justice of the peace as exofficio municipal judge.

1. Except as provided in subsection 3 and NRS 266.405, each municipal judge must bechosen by the electors of the city within which the municipal court is establishedon a day to be fixed by the governing body of that city. The term of office ofa municipal judge is the period fixed by:

(a) An ordinance adopted by the city if the city isorganized under general law; or

(b) The charter of the city if the city is organizedunder a special charter.

Beforeentering upon his duties, a municipal judge shall take the constitutional oathof office.

2. A municipal judge must:

(a) Be a citizen of the State;

(b) Except as otherwise provided in the charter of acity organized under a special charter, have been a bona fide resident of thecity for not less than 1 year next preceding his election;

(c) Be a qualified elector in the city; and

(d) Not have ever been removed or retired from anyjudicial office by the Commission on Judicial Discipline.

3. The governing body of a city, with the consent ofthe board of county commissioners and the justice of the peace, may providethat a justice of the peace of the township in which the city is located is exofficio the municipal judge of the city.

4. For the purposes of this section, a person shallnot be ineligible to be a candidate for the office of municipal judge if adecision to remove or retire him from a judicial office is pending appealbefore 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 Municipaljudges pro tempore.

1. The governing body of the city shall select anumber of persons it determines appropriate to comprise a panel of substitutemunicipal judges. The persons selected must not have ever been removed orretired from any judicial office by the Commission on Judicial Discipline andmust be:

(a) Members in good standing of the State Bar ofNevada;

(b) Adult residents of the city; or

(c) Justices of the peace of the county.

2. Whenever a municipal judge is disqualified fromacting in a case pending in the municipal court or is unable to perform hisduties because of his temporary sickness or absence, he shall, if necessary,appoint a person from the panel of substitute municipal judges to act in hisplace.

3. A person so appointed must take and subscribe tothe official oath before acting as a municipal judge pro tempore. While actingin that capacity, he is entitled to receive a per diem salary set by thegoverning body. The annual sum expended for salaries of municipal judges protempore must not exceed the amount budgeted for that expense by the governingbody.

4. If an appointment of a municipal judge pro temporebecomes necessary and the municipal judge fails or is unable to make theappointment, the mayor shall make the appointment from the panel of substitutemunicipal judges.

5. For the purposes of this section, a person shallnot be ineligible to be a candidate for the office of municipal judge protempore if a decision to remove or retire him from a judicial office is pendingappeal 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 Seniormunicipal judges.

1. Notwithstanding any other provision of law or citycharter, a senior municipal judge who serves in that capacity or a seniorjustice of the peace who serves in that capacity and who formerly served as amunicipal judge may serve temporarily in any municipal court in this State,regardless of whether he is a resident of the city in which the municipal courtto which he is assigned is located.

2. As used in this section:

(a) Senior justice of the peace means a formerjustice of the peace who has received a commission from the Supreme Court toserve as a senior justice of the peace pursuant to the rules prescribed by theSupreme Court.

(b) Senior municipal judge means a former judge of amunicipal court who has received a commission from the Supreme Court to serveas a senior municipal judge pursuant to the rules prescribed by the SupremeCourt.

(Added to NRS by 2005, 105)

NRS 5.025 Coursesof instruction for municipal judges; payment of costs.

1. The Court Administrator shall, at the direction ofthe 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 elementsof substantive law appropriate to a municipal court, to each municipal judgewho is first elected or appointed to office after July 1, 1971, and to othersuch judges who so desire and who can be accommodated, between each electiondesignated for the election of such judges and the date of entering office.

(b) In statutory amendments and other developments inthe law appropriate to a municipal court, to all such judges at convenientintervals.

2. Each city shall pay to the Supreme Court the cityspro rata share of the costs of such instruction as budgeted for pursuant to theLocal Government Budget and Finance Act.

3. The Supreme Court shall deposit with the StateTreasurer, for credit to the appropriate account of the Supreme Court, allmoney 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 Attendancerequired at courses of instruction; penalty for unexcused absence.

1. Each municipal judge who is first elected orappointed to office after July 1, 1971, shall attend the instruction providedpursuant to NRS 5.025, on the first occasionwhen such instruction is offered after his election or appointment, unless excusedby written order of a judge of the district court in and for the county wherethe city is situated, which must be filed with the Court Administrator. Such anorder is final for all purposes.

2. If a municipal judge fails to attend suchinstruction without securing a written order pursuant to subsection 1, heforfeits his office.

(Added to NRS by 1971, 838; A 1977, 363; 1983, 900)

NRS 5.030 Compensationof municipal judges. Each municipal judge isentitled to receive compensation as fixed by the charter of the city or, if notfixed 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 judgeis elected. The compensation may be increased during that period if so providedin 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 Municipaljudges: Power to take and certify acknowledgments. Municipaljudges, within their respective cities, may take and certify:

1. The acknowledgment of conveyances and thesatisfaction of a judgment of any court.

2. An affidavit to be used in any court of justice inthis state.

[Part 63:19:1865; B 968; BH 2482; C 2563; RL 4883; NCL 8425](NRS A 1983, 900)

NRS 5.045 Reportof 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 fora city, a municipal judge designated by mutual consent of the other municipaljudges of that city, shall submit to the Court Administrator a written reportof the statistical information required pursuant to this section and such otherstatistical information as prescribed by the Supreme Court. The report mustinclude, without limitation, statistical information concerning:

1. Those cases which are pending and undecided and themunicipal judge to whom each case has been assigned;

2. The type and number of cases each municipal judgeconsidered during the preceding month;

3. The number of cases submitted to each municipal judgeduring the preceding month;

4. The number of cases decided by each municipal judgeduring the preceding month; and

5. The number of full judicial days in which eachmunicipal judge appeared in court or in chambers in performance of his dutiesduring the preceding month.

(Added to NRS by 1999, 707)

NRS 5.050 Jurisdiction.

1. Municipal courts have jurisdiction of civil actionsor proceedings:

(a) For the violation of any ordinance of theirrespective cities.

(b) To prevent or abate a nuisance within the limits oftheir respective cities.

2. The municipal courts have jurisdiction of allmisdemeanors committed in violation of the ordinances of their respective cities.Upon approval of the district court, a municipal court may transfer originaljurisdiction of a misdemeanor to the district court for the purpose ofassigning an offender to a program established pursuant to NRS 176A.250.

3. The municipal courts have jurisdiction of:

(a) Any action for the collection of taxes orassessments levied for city purposes, when the principal sum thereof does notexceed $2,500.

(b) Actions to foreclose liens in the name of the cityfor the nonpayment of those taxes or assessments when the principal sum claimeddoes not exceed $2,500.

(c) Actions for the breach of any bond given by anyofficer or person to or for the use or benefit of the city, and of any actionfor damages to which the city is a party, and upon all forfeited recognizancesgiven to or for the use or benefit of the city, and upon all bonds given onappeals 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 propertybelonging to the city, when the value thereof does not exceed $2,500.

(e) Actions by the city for the collection of anydamages, debts or other obligations when the amount claimed, exclusive of costsor attorneys fees, or both if allowed, does not exceed $2,500.

4. Nothing contained in subsection 3 gives themunicipal court jurisdiction to determine any such cause when it appears fromthe pleadings that the validity of any tax, assessment or levy, or title toreal property, is necessarily an issue in the cause, in which case the courtshall certify the cause to the district court in like manner and with the sameeffect 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)

NRS 5.052 Administrationof program of supervision for persons with suspended sentences or personssentenced to residential confinement. If thecounty in which a municipal court is situated does not have a department ofalternative sentencing, the municipal court may contract with a qualifiedperson to administer a program of supervision for persons whose sentences havebeen suspended pursuant to NRS 5.055 orwho are sentenced to a term of residential confinement pursuant to NRS 5.076. If the county in which themunicipal court is situated has a department of alternative sentencing, thechief of that department shall administer the program of supervision.

(Added to NRS by 1987, 2232; A 1995,873)(Substituted in revision for NRS 5.079)

NRS 5.055 Suspensionof sentence; conditions of suspension; reduction of sentence; arrest forviolation 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 judgemay suspend, for not more than 2 years, the sentence of a person convicted of amisdemeanor. If the circumstances warrant, the municipal judge may order as acondition of suspension that the offender:

(a) Make restitution to the owner of any property thatis lost, damaged or destroyed as a result of the commission of the offense;

(b) Engage in a program of community service, for notmore than 200 hours;

(c) Actively participate in a program of professionalcounseling at the expense of the offender;

(d) Abstain from the use of alcohol and controlledsubstances;

(e) Refrain from engaging in any criminal activity;

(f) Engage or refrain from engaging in any otherconduct deemed appropriate by the municipal judge;

(g) Submit to a search and seizure by the chief of adepartment of alternative sentencing, an assistant alternative sentencingofficer or any other law enforcement officer at any time of the day or nightwithout a search warrant; and

(h) Submit to periodic tests to determine whether theoffender is using any controlled substance or alcohol.

2. If a person is convicted of a misdemeanor thatconstitutes domestic violence pursuant to NRS33.018, the municipal judge may, after the person has served any mandatoryminimum period of confinement, suspend the remainder of the sentence of theperson for not more than 3 years upon the condition that the person activelyparticipate in:

(a) A program of treatment for the abuse of alcohol ordrugs which is certified by the Health Division of the Department of Health andHuman Services;

(b) A program for the treatment of persons who commitdomestic violence that has been certified pursuant to NRS 228.470; or

(c) The programs set forth in paragraphs (a) and (b),

and that hecomply with any other condition of suspension ordered by the municipal judge.

3. The municipal judge may order reports from a personwhose sentence is suspended at such times as he deems appropriate concerningthe compliance of the offender with the conditions of suspension. If theoffender complies with the conditions of suspension to the satisfaction of themunicipal judge, the sentence may be reduced to not less than the minimumperiod of confinement established for the offense.

4. The municipal judge may issue a warrant for thearrest of an offender who violates or fails to fulfill a condition ofsuspension.

(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 5.060 Process,writs and warrants.

1. Municipal judges and municipal courts may issue alllegal process, writs and warrants necessary and proper to the complete exerciseof their powers.

2. All warrants issued by the municipal court must runto any sheriff or constable of the county, the marshal or any policeman of thecity, or a marshal or park ranger who is part of a unit of specialized lawenforcement established pursuant to NRS280.125.

3. Any constable or sheriff may serve any process ormake 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 Useof facsimile signature: Conditions and restrictions.

1. Each municipal judge may use a facsimile signatureproduced through a mechanical device in place of his handwritten signaturewhenever the necessity arises and upon approval of the Supreme Court, subjectto the following conditions:

(a) That the mechanical device must be of such a naturethat the facsimile signature may be removed from the mechanical device and keptin a separate secure place.

(b) That the use of the facsimile signature may be madeonly under the direction and supervision of the municipal judge whose signatureit represents.

(c) That the entire mechanical device must at all timesbe kept in a vault, securely locked, when not in use, to prevent any misuse ofthe device.

2. No facsimile signature produced through amechanical device authorized by the provisions of this section may be combinedwith the signature of another officer.

(Added to NRS by 1989, 999)

NRS 5.070 Municipalcourts always open. There shall be no terms inmunicipal courts. These courts shall always be open.

[40:19:1865; B 945; BH 2459; C 2540; RL 4860;NCL 8402]

NRS 5.073 Conformityof practice and proceedings to those of Justice Courts; exception; impositionand collection of fees.

1. The practice and proceedings in the municipal courtmust conform, as nearly as practicable, to the practice and proceedings ofJustice Courts in similar cases. An appeal perfected transfers the action tothe district court for trial anew, unless the municipal court is designated asa court of record as provided in NRS 5.010.The municipal court must be treated and considered as a Justice Court wheneverthe proceedings thereof are called into question.

2. Each municipal judge shall charge and collect suchfees prescribed in NRS 4.060 that arewithin the jurisdictional limits of the municipal court.

(Added to NRS by 1989, 903; A 1991, 455; 1997, 115)

NRS 5.075 Formof docket and records. The Court Administratorshall prescribe the form of the docket and of any other appropriate records tobe kept by the municipal court, which form may vary from court to courtaccording to the number and kind of cases customarily heard and whether thecourt 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 Residentialconfinement defined. As used in NRS 5.0755 to 5.078, inclusive, residential confinementmeans the confinement of a person convicted of a misdemeanor to his place ofresidence under the terms and conditions established by the sentencing court.

(Added to NRS by 1987, 2231)

NRS 5.076 Powerto order; conditions of sentence; maximum term; arrest for violation ofcondition.

1. Except as otherwise provided in subsection 7, inlieu of imposing any punishment other than a minimum sentence required bystatute, a municipal judge may sentence a person convicted of a misdemeanor toa term of residential confinement. In making this determination, the municipaljudge shall consider the criminal record of the convicted person and theseriousness of the crime committed.

2. In sentencing a convicted person to a term ofresidential confinement, the municipal judge shall:

(a) Require the convicted person to be confined to hisresidence during the time he is away from his employment, public service orother activity authorized by the municipal judge; and

(b) Require intensive supervision of the convictedperson, including, without limitation, electronic surveillance and unannouncedvisits to his residence or other locations where he is expected to be in orderto determine whether he is complying with the terms of his sentence.

3. In sentencing a convicted person to a term ofresidential confinement, the municipal judge may, when the circumstanceswarrant, require the convicted person to submit to:

(a) A search and seizure by the chief of a departmentof alternative sentencing, an assistant alternative sentencing officer or anyother law enforcement officer at any time of the day or night without a searchwarrant; and

(b) Periodic tests to determine whether the offender isusing a controlled substance or consuming alcohol.

4. Except as otherwise provided in subsection 5, anelectronic device may be used to supervise a convicted person sentenced to aterm of residential confinement. The device must be minimally intrusive andlimited in capability to recording or transmitting information concerning thepresence of the person at his residence, including, but not limited to, thetransmission of still visual images which do not concern the activities of theperson while inside his residence. A device which is capable of recording ortransmitting:

(a) Oral or wire communications or any auditory sound;or

(b) Information concerning the activities of the personwhile inside his residence,

must not beused.

5. An electronic device must be used in the manner setforth in subsection 4 to supervise a person who is sentenced pursuant toparagraph (b) of subsection 1 of NRS484.3792 for a second violation within 7 years of driving under theinfluence of intoxicating liquor or a controlled substance.

6. A term of residential confinement, together withthe term of any minimum sentence required by statute, may not exceed themaximum sentence which otherwise could have been imposed for the offense.

7. The municipal judge shall not sentence a personconvicted of committing a battery which constitutes domestic violence pursuantto NRS 33.018 to a term of residentialconfinement in lieu of imprisonment unless the municipal judge makes a findingthat the person is not likely to pose a threat to the victim of the battery.

8. The municipal judge may issue a warrant for thearrest of a convicted person who violates or fails to fulfill a condition ofresidential confinement.

(Added to NRS by 1987, 2231; A 1991, 57, 1726; 1993,1500; 1997, 1478, 1807, 3361; 1999, 669, 675, 2143)

NRS 5.077 Establishmentand modification of terms and conditions.

1. In sentencing a person to a term of residentialconfinement, a municipal judge may establish the terms and conditions of thatconfinement.

2. The municipal judge may, at any time, modify theterms and conditions of the residential confinement.

3. The municipal judge shall cause a copy of his orderto be delivered to the convicted person and the local law enforcement agency.

(Added to NRS by 1987, 2231)

NRS 5.078 Violationof terms and conditions. If it is determinedthat the convicted person violated any term or condition of his residentialconfinement, the sentence may be rescinded, modified or continued. If it isrescinded, another punishment authorized by law must be imposed.

(Added to NRS by 1987, 2232)

APPEALS TO DISTRICT COURT FROM MUNICIPAL COURTS IN CITIESINCORPORATED UNDER GENERAL OR SPECIAL LAWS

NRS 5.080 Noticeof intention to appeal; bail.

1. After filing a notice of intention to appeal, whichshall include a statement of the character of the judgment, with the municipalcourt and serving such notice upon the city attorney, a defendant who has beenconvicted of a criminal violation in a municipal court may, if he desires to bereleased from custody during the pendency of the appeal or desires a stay of proceedingsunder the judgment until disposition of the appeal, enter bail for theprosecution of the appeal, the payment of any judgment, fine and costs that maybe awarded against him on the appeal for failure to prosecute the appeal andfor the rendering of himself in execution of the judgment from which he isappealing or of any judgment rendered against him in the action appealed fromin the district court to which the action is appealed.

2. Any bail which has been entered in the municipalcourt for the prosecution of the action in such court may be released orretained by the court in partial satisfaction of the bail required pursuant tosubsection 1.

(Added to NRS by 1967, 1088)

NRS 5.090 Judgmenton appeal; notice to municipal court; payment of fines.

1. When an appeal of a civil or criminal case from amunicipal court to a district court has been perfected and the district courthas rendered a judgment on appeal, the district court shall, within 10 daysfrom the date of such judgment, give written notice to the municipal court ofthe district courts disposition of the appealed action.

2. When a conviction for a violation of a municipalordinance is sustained and the fine imposed is sustained in whole or part, or agreater fine is imposed, the district court shall direct that the defendant paythe amount of the fine sustained or imposed by the district court to the citytreasurer of the city in which the municipal court from which the appeal wastaken is located.

(Added to NRS by 1967, 1089; A 1989, 903)