Compare versions
--- version:As Introduced+++ version:(document, no version)@@ -1,264 +1,26 @@- A.B. 141+PROPOSED CONCEPTUAL AMENDMENT TO ASSEMBLY BILL 141-- *AB141*+BACKGROUND+Assembly Bill 141 would revise provisions relating to the Judicial Department of the State+Government in which the deliberative sessions of the Commission on Judicial Discipline are+currently kept confidential under existing law. This bill would now make them public, as well as+adding qualifications for district judge candidates to require any such person to have acted as+counsel in at least 10 trials in a district court of this State.-ASSEMBLY BILL NO. 141–ASSEMBLYMEMBER NGUYEN+INTENT OF AMENDMENT+The proposed conceptual amendment below would better define the intent of providing+“counsel” to include the different mechanisms in which one would provide counsel in trials,+arbitrations, mediations, or other settings. By better defining the intent, it would ensure clarity in+the qualifications required for district judge candidates, particularly in relation to their+experience and understanding of various legal proceedings beyond traditional court trials. This+amendment seeks to ensure that candidates possess a broad and comprehensive understanding of+legal counsel and representation in diverse dispute resolution settings, thus promoting the+selection of qualified judges who can fairly adjudicate cases involving a range of legal processes.+Additionally, this amendment aims to strengthen the integrity and competency of Nevada’s+judicial system by ensuring that district judges are not only qualified in legal theory but also in+practical application.-PREFILED JANUARY 29, 2025-____________--Referred to Committee on Judiciary--SUMMARY—Revises provisions relating to the Judicial-Department of the State Government. (BDR 1-857)--FISCAL NOTE: Effect on Local Government: No.- Effect on the State: Yes.--~--EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.--AN ACT relating to the Judicial Department of the State-Government; revising provisions relating to the-deliberative sessions of the Commission on Judicial-Discipline; revising the qualifications for district judges;-and providing other matters properly relating thereto.-Legislative Counsel’s Digest:- Under existing law, the Commission on Judicial Discipline has exclusive 1-jurisdiction over the public censure, removal, involuntary retirement and other 2-discipline of judges. (NRS 1.440) Existing law requires that all deliberative 3-sessions of the Commission remain private and any minutes of such sessions 4-remain confidential. (NRS 1.4687) Section 1 of this bill instead requires the 5-Commission to make an y minutes of such sessions accessible to the public while 6-maintaining the privacy of the deliberative sessions themselves. Section 3 of this 7-bill makes a conforming change to reflect that the minutes of a deliberative session 8-of the Commission are no longer confidential. 9- Existing law prescribes the qualifications for district judges. Among other 10-requirements, existing law provides th at a district judge or candidate for district 11-judge must have been an attorney licensed and admitted to practice law in this State 12-or any other state for a total of not less than 10 years, at least 2 years of which must 13-have been in this State. (NRS 3.060) Section 2 of this bill revises the qualifications 14-for district judges or candidates for district judge to require any such person to have 15-acted as trial counsel in at least 10 trials in a district court of this State. Section 4 of 16-this bill provides that the additional qualifications prescribed by section 2 do not 17-abrogate or affect the current term of office of any district judge who is serving in 18-that office on the effective date of this bill. 19-- – 2 –--- *AB141*-THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN-SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:-- Section 1. NRS 1.4687 is hereby amended to read as follows: 1- 1.4687 1. Except as otherwise provided in subsection 2: 2- (a) Upon the filing of a formal statement of charges with the 3-Commission by the special counsel, the statement and other 4-documents later formally filed with the Commission must be made 5-accessible to the public, and hearings must be open. 6- (b) If a formal statement of charges has not been filed with the 7-Commission and the Commission holds a hearing to suspend a 8-judge pursuant to NRS 1.4675, any transcript of the hearing and any 9-documents offered as evidence at the hearing must be made 10-accessible to the public. 11- (c) If the Commission holds a hearing to order a justice of the 12-peace or municipal judge to forfeit his or her office pursuant to NRS 13-1.4654, any transcript of the hearing and any documents of fered as 14-evidence at the hearing must be made accessible to the public. 15- 2. Regardless of whether any formal statement of charges has 16-been filed with the Commission, medical records and any other 17-documents or exhibits offered as evidence which are privile ged 18-pursuant to chapter 49 of NRS must not be made accessible to the 19-public. 20- 3. The Commission’s deliberative sessions must remain private 21-. [and any] Any minutes of such sessions must [remain confidential.] 22-be made accessible to the public. 23- 4. The filing of a formal statement of charges does not justify 24-the Commission, it s counsel , staff or independent contractors 25-retained by the Commission in making public any correspondence, 26-notes, work papers, interview reports or other evidentiary matter, 27-except at the formal hearing or with explicit consent of the judge 28-named in the complaint. 29- Sec. 2. NRS 3.060 is hereby amended to read as follows: 30- 3.060 1. A person may not be a candidate for and is not 31-eligible to the office of district judge unless the person: 32- (a) Has attained the age of 25 years. 33- (b) Is an attorney licensed and admitted to practice law in the 34-courts of this State at the time of the election or appointment. 35- (c) Has been an attorney licensed and admitted to practice law in 36-the courts of this State, another state or the District of Columbia for 37-a total of not less than 10 years at any time preceding the election or 38-appointment, at least 2 years of which have been in this State. 39- (d) Has acted as trial counsel in at least 10 trials in a district 40-court of this State. 41-- – 3 –--- *AB141*- (e) Is a qualified elector and has been a bona fide resident of this 1-State for 2 years next preceding the election or appointment. 2- [(e)] (f) Has not ever been removed from any judicial office by 3-the Legislature or removed or retired from any judicial office by the 4-Commission on Judicial Discipline. 5- 2. For the purposes of this section, a person is eligible to be a 6-candidate for the office of district judge if a decision to remove or 7-retire the person from a judicial office is pending appeal before the 8-Supreme Court or has been overturned by the Supreme Court. 9- Sec. 3. NRS 239.010 is hereby amended to read as follows: 10- 239.010 1. Except as otherwise provided in this section and 11-NRS 1.4683, [1.4687,] 1A.110, 3.2203, 41.0397, 41.071, 49.095, 12-49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 13-62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 14-80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 15-87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 16-88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 17-116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 18-119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 19-120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 20-127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 21-130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 22-176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 23-176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495, 24-179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, 25-200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 26-209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 27-213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 28-218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 29-224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570, 30-231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300, 31-239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 32-239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 33-239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 34-244.335, 247.540, 247.545, 247.550, 247.56 0, 250.087, 250.130, 35-250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910, 36-269.174, 271A.105, 281.195, 281.805, 281A.350, 281A. 680, 37-281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 38-286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 39-293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 40-293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110, 41-332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 42-338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 43-353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240, 44-360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 45-- – 4 –--- *AB141*-366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 1-379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 2-387.631, 388.1455, 388.259, 388.501, 388.503, 388.513 , 388.750, 3-388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 4-391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 5-392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 6-394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 7-396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 8-398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 9-414.280, 416.070, 422. 2749, 422.305, 422A.342, 422A.350, 10-425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205, 11-432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 12-432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 13-439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116 , 14-439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 15-441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 16-442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 17-449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164 , 18-453.720, 458.055, 458. 280, 459.050, 459.3866, 459.555, 459.7056, 19-459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 20-463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 21-481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 22-483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 23-484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 24-571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 25-598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 26-604D.500, 604D.600, 612.265, 616B.012, 616B.01 5, 616B.315, 27-616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 28-624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 29-628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 30-630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 31-630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 32-632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 33-633.4717, 633.524, 634. 055, 634.1303, 634.214, 634A.169, 34-634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 35-637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 36-639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 37-640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 38-640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 39-641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 40-641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 41-642.524, 643.189, 644 A.870, 645.180, 645.625, 645A.050, 42-645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 43-645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 44-648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 45-- – 5 –--- *AB141*-654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 1-669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 2-675.380, 676A.340, 676A.370, 677.243, 678A.470, 678 C.710, 3-678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 4-679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 5-681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 6-687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 7-688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 8-692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 9-696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 10-711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 11-2011 and section 2 of chapter 391, Statutes of Nevada 2013 and 12-unless otherwise declared by law to be confidential, all public books 13-and public records of a governmental entity must be open at all 14-times during office hours to inspection by any person, and may be 15-fully copied or an abstract or memorandum may be prepared from 16-those public books and public records. Any such copies, abstracts or 17-memoranda may be used to supply the general public with copies, 18-abstracts or memoranda of the records or may be used in any other 19-way to the advantage of the governmental entity or of the general 20-public. This section does not supersede or in any manner affect the 21-federal laws governing copyrights or enlarge, diminish or affect in 22-any other manner the rights of a person in any written bo ok or 23-record which is copyrighted pursuant to federal law. 24- 2. A governmental entity may not reject a book or record 25-which is copyrighted solely because it is copyrighted. 26- 3. A governmental entity that has legal custody or control of a 27-public book or record shall not deny a request made pursuant to 28-subsection 1 to inspect or copy or receive a copy of a public book or 29-record on the basis that the requested public book or record contains 30-information that is confidential if the governmental entity can 31-redact, delete, conceal or separate , including, without limitation, 32-electronically, the confidential information from the information 33-included in the public book or record that is not otherwise 34-confidential. 35- 4. If requested, a governmental entity shall provide a copy of a 36-public record in an electronic format by means of an electronic 37-medium. Nothing in this subsection requires a governmental entity 38-to provide a copy of a public reco rd in an electronic format or by 39-means of an electronic medium if: 40- (a) The public record: 41- (1) Was not created or prepared in an electronic format; and 42- (2) Is not available in an electronic format; or 43- (b) Providing the public record in an electronic f ormat or by 44-means of an electronic medium would: 45-- – 6 –--- *AB141*- (1) Give access to proprietary software; or 1- (2) Require the production of information that is confidential 2-and that cannot be redacted, deleted, concealed or separated from 3-information that is not otherwise confidential. 4- 5. An officer, employee or agent of a governmental entity who 5-has legal custody or control of a public record: 6- (a) Shall not refuse to provide a copy of that public record in the 7-medium that is requested because the officer, employee or agent has 8-already prepared or would prefer to provide the copy in a different 9-medium. 10- (b) Except as otherwise provided in NRS 239.030, shall, upon 11-request, prepare the copy of the public record and shall not require 12-the person who has requested the copy to prepare the copy himself 13-or herself. 14- Sec. 4. The amendatory provisions of section 2 of this act do 15-not abrogate or affect the current term of office of any district judge 16-who is serving in that office on October 1, 2025. 17--H+PROPOSED AMENDMENTS+1. Replace the existing wording of Section 2.1.(d). with the following: Has acted as a+counsel and materially participated in at least 10 trials or arbitrations in any Court or+forum of this State.
Diffs are computed deterministically from extracted bill text and show additions, deletions, and section moves. Scanned-PDF text extracted via OCR is flagged where confidence is low; see methodology.