A.B. 66 - *AB66* ASSEMBLY BILL NO. 66–COMMITTEE ON JUDICIARY (ON BEHALF OF THE NEVADA SUPREME COURT) PREFILED NOVEMBER 20, 2024 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to district courts. (BDR 1-473) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: Yes. CONTAINS UNFUNDED MANDATE (§§ 1-9) (NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT) ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to district courts; prescribing the method for increasing the number of district judges in certain judicial districts based upon certain increases in population; increasing the number of district judges in certain judicial districts; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law: (1) divides the State into 11 judicial districts; and (2) sets forth 1 the number of district judges in each judicial district. (NRS 3.010, 3.011-3.0197) 2 The Nevada Constitution authorizes the Legislature to increase or decrease the 3 number of district judges. (Nev. Const. Art. 6, § 5) Section 1 of this bill revises 4 requirements governing the number of district judges in each judicial district whose 5 population is 350,000 or more by setting forth a schedule for increasing the number 6 of district judges in any such judicial district based upon certain increases in the 7 population of the judicial district. If the schedule requires an increase in the number 8 of district judges due to an increased population of a judicial district, section 1 9 provides that if the Chief Judge of the judicial district submits to the Legislature 10 and the board of county commissioners of each county located within the judicial 11 district an opinion stating that the caseload of the judicial district does not warrant 12 the increase in the number of district judges set forth in the schedule, the number of 13 district judges must not be increased unless the Legislature, by resolution, expressly 14 approves of the increase. 15 Section 2 of this bill increases the number of district judges in the First Judicial 16 District, which includes Carson City and Storey County, from two district judges to 17 – 2 – - *AB66* three district judges. (NRS 3.010, 3.011) Sections 3 and 4 of this bill increase the 18 number of district judges in the Second Judicial District, which includes Washoe 19 County, by three district judges, one of whom must be a judge of the family court. 20 (NRS 3.010, 3.012, 3.0125) Section 5 of this bill increases the number of district 21 judges in the Sixth Judicial District, which includes Humboldt County, from one 22 district judge to two district judges. (NRS 3.010, 3.016) Sections 6 and 7 of this 23 bill increase the number of district judges in the Eighth Judicial District, which 24 includes Clark County, by eighteen district judges, eight of whom must be judges 25 of the family court. (NRS 3.010, 3.018, 3.0185) Section 8 of this bill increases the 26 number of district judges in the Tenth Judicial District, which includes Churchill 27 County, from one district judge to two district judges. (NRS 3.010, 3.0195) Section 28 9 of this bill increases the number of district judges in the Eleventh Judicial 29 District, which includes Lander County, Mineral County and Pershing County, 30 from one district judge to two district judges. (NRS 3.010, 3.0197) Section 10 of 31 this bill sets out the timeframe for the election of the additional judges who will 32 take office on January 4, 2027. 33 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 3 of NRS is hereby amended by adding 1 thereto a new section to read as follows: 2 1. Except as otherwise provided in subsection 3, in addition to 3 the district judges established pursuant to NRS 3.011 to 3.0197, 4 inclusive, the number of district judges of each judicial district 5 whose population is 350,000 or more must be increased according 6 to the population of the county or counties constituting the judicial 7 district, as certified by the Governor in even-numbered years 8 pursuant to NRS 360.285, in accordance with the following 9 schedule: 10 (a) In each judicial district in which a family court has been 11 established pursuant to NRS 3.0105, the number of district judges 12 must be increased by one district judge who is not a judge of the 13 family court and one district judge who is a judge of the family 14 court for each 40,000 population increase of the judicial district 15 that occurs on or after January 1, 2026. 16 (b) In each judicial district in which a family court has not 17 been established, the number of district judges must be increased 18 by one district judge for each 40,000 population increase of the 19 judicial district that occurs on or after January 1, 2026. 20 2. Except as otherwise provided in subsection 3, if the 21 schedule set forth in subsection 1 provides for an increase in the 22 number of district judges in a judicial district, each new district 23 judge must be elected at the next general election to a term that 24 expires on the same date as the current terms of the district judges 25 who are serving on the date of the general election. 26 – 3 – - *AB66* 3. If the schedule set forth in subsection 1 provides for an 1 increase in the number of district judges in a judicial district, and 2 a majority of the district judges of the judicial district, in 3 consultation with the board of county commissioners of each 4 county located within the judicial district, determine that the 5 caseload does not warrant the increase provided for in subsection 6 1, the Chief Judge shall notify the Director of the Legislative 7 Counsel Bureau and the board of county commissioners of each 8 county located within the judicial district of his or her opinion on 9 or before March 15 of the even-numbered year in which the 10 population of the judicial district provides for such an increase. 11 The Director of the Legislative Counsel Bureau shall submit the 12 opinion to the next regular session of the Legislature for its 13 consideration. If the Chief Judge transmits such a notice to the 14 Director of the Legislative Counsel Bureau and any board of 15 county commissioners, the number of district judges must not be 16 increased during that period unless the Legislature, by resolution, 17 expressly approves the increase. 18 Sec. 2. NRS 3.011 is hereby amended to read as follows: 19 3.011 For the First Judicial District there must be [two] three 20 district judges. 21 Sec. 3. NRS 3.012 is hereby amended to read as follows: 22 3.012 For the Second Judicial District there must be [nine] 11 23 district judges who are not judges of the family court. 24 Sec. 4. NRS 3.0125 is hereby amended to read as follows: 25 3.0125 For the Second Judicial District, in addition to the 26 district judges established pursuant to NRS 3.012, there must be 27 [seven] eight district judges who are judges of the family court. 28 Sec. 5. NRS 3.016 is hereby amended to read as follows: 29 3.016 For the Sixth Judicial District there must be [one] two 30 district [judge.] judges. 31 Sec. 6. NRS 3.018 is hereby amended to read as follows: 32 3.018 For the Eighth Judicial District there must be [32] 42 33 district judges who are not judges of the family court. 34 Sec. 7. NRS 3.0185 is hereby amended to read as follows: 35 3.0185 For the Eighth Judicial District, in addition to the 36 district judges established pursuant to NRS 3.018, there must be 37 [26] 34 district judges who are judges of the family court. 38 Sec. 8. NRS 3.0195 is hereby amended to read as follows: 39 3.0195 For the Tenth Judicial District there must be [one] two 40 district [judge.] judges. 41 Sec. 9. NRS 3.0197 is hereby amended to read as follows: 42 3.0197 For the Eleventh Judicial District, there must be [one] 43 two district [judge.] judges. 44 – 4 – - *AB66* Sec. 10. Each additional district judge required pursuant to the 1 amendatory provisions of sections 2 to 9, inclusive, of this act must 2 be selected at the general election to be held on November 3, 2026, 3 and take office on January 4, 2027, for a term that expires on 4 January 3, 2033. 5 Sec. 11. The provisions of NRS 354.599 do not apply to any 6 additional expenses of a local government that are related to the 7 provisions of this act. 8 Sec. 12. 1. This section and sections 1, 10 and 11 of this act 9 become effective on January 1, 2026. 10 2. Sections 2 to 9, inclusive, of this act become effective on 11 January 4, 2027. 12 H