S.B. 450
- *SB450*
SENATE BILL NO. 450–COMMITTEE ON GOVERNMENT AFFAIRS
MARCH 24, 2025
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to bailiffs and deputy
marshals in certain courts. (BDR 1-1019)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: No.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to courts; revising provisions relating to bailiffs
and deputy marshals in certain courts; and providing other
matters properly relating thereto.
Legislative Counsel’s Digest:
The Nevada Constitution establishes a State Government consisting of the 1
Legislative, Executive and Judicial Departments. (Nev. Const. Art. 4, 5, 6) 2
However, the Nevada Constitution does not similarly establish local governments 3
and instead requires the Legislative Department to establish counties and townships 4
and provide by law for cities and towns. (Nev. Const. Art. 4, § 25, Art. 8, § 8) 5
Accordingly, although the Nevada Constitution contemplated the necessity of such 6
local governments, it left the creation and regulation of such bodies to the 7
Legislative Department. 8
The framers of the Nevada Constitution created a system of checks and 9
balances such that “the powers of the Government of the State of Nevada shall be 10
divided into three separate departments, the Legislative, the Executive and the 11
Judicial; and no persons charged with the exercise of powers properly belonging to 12
one of these departments shall exercise any functions, appertaining to either of the 13
others, except in the cases expressly directed or permitted in this constitution.” 14
(Nev. Const. Art. 3, §1) Based on the constitutional separation of powers, the 15
judiciary has inherent authority to manage and control its employees, including 16
their selection, appointment, promotion, discipline and termination, and if the other 17
branches of government take any legislative or executive actions that directly 18
interfere with the judiciary’s personnel decisions, such interference violates the 19
separation of powers doctrine because it unconstitutionally infringes on the 20
judiciary’s inherent authority to manage and control its employees. (City of Sparks 21
v. Sparks Mun. Court, 129 Nev. 348, 362-66 (2013)) 22
However, the Nevada Supreme Court recently ruled that “local government 23
employees are distinguishable from employees of a state government department 24
for separation-of-powers purposes, and local executive department employees are 25
not within the state executive department.” (Nevada Policy Research Institute, Inc. 26
v. Miller, 140 Nev. Adv. Op. 69, 558 P.3d 319, 329 (2024) (holding among other 27
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things that the separation of powers doctrine did not bar certain county employees 28
whose duties were executive in nature from simultaneously serving in the 29
Legislative Department) To reach that conclusion, the Nevada Supreme Court 30
considered the separation of powers provision of the California Constitution, upon 31
which Nevada relied in drafting its own nearly identical constitutional provision. 32
(Id. (citing County of Mariposa v. Merced Irrigation Dist., 32 Cal.2d 467, 196 P.2d 33
920, 926 (1948)) (“It is settled that the separation of powers provision of the 34
[California] constitution, art. 3, § 1, does not apply to local governments as 35
distinguished from departments of the state government.”) The Nevada Supreme 36
Court adopted the position of the California Supreme Court on this issue, citing that 37
“[t]he court distinguished these state governmental powers from those established 38
for local governments subsequently created by legislative enactment and held that 39
the separation of powers governing the state did not apply to local governments.” 40
(Miller citing People ex rel. Att’y Gen. v. Provines, 34 Cal 520, 533-34) (1864)) 41
Finally, the Nevada Supreme Court turned to other state high courts that have ruled 42
similarly. (Miller citing Tendler v. Thompson, 352 S.E.2d 388, 388 (Ga. 1987) 43
(“The doctrine of separation of powers applies only to the state and not to 44
municipalities or to county governments.”) 45
Under existing law, in each county whose population is 700,000 or more 46
(currently only Clark County), the judge of each district court and the justice of the 47
peace of each justice court, or the board of county commissioners under certain 48
circumstances, may appoint a deputy marshal for the court instead of a bailiff, and 49
the deputy marshal serves at the pleasure of the judge or justice making the 50
appointment. (NRS 3.310, 4.353; State ex rel. Vogel v. Grierson, No. 62225 (Nev. 51
Mar. 21, 2014) (explaining that deputy marshals “are more like employees than 52
public officers because each ‘deputy marshal serves at the pleasure of the judge he 53
or she serves.’ ”) Although existing law provides that deputy marshals serve at the 54
pleasure of the judicial officer, deputy marshals are peace officers who are 55
authorized to perform various duties that are executive in nature. (NRS 3.310, 56
4.353, 617.135) 57
This bill revises existing law relating to bailiffs and deputy marshals under 58
certain circumstances. Specifically, this bill: (1) provides that bailiffs and deputy 59
marshals in a county whose population is 700,000 or more are local government 60
employees of the county; (2) establishes provisions governing the assignment of 61
such bailiffs and deputy marshals for the court, in lieu of such persons being 62
appointed by the judge or justice of the peace; (3) removes the requirement for 63
deputy marshals to comply with any duties prescribed by the judicial officer; (4) 64
authorizes a bailiff or deputy marshal to provide service of process; and (5) 65
removes the requirement for bailiffs and deputy marshals to give a bond. 66
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 3.310 is hereby amended to read as follows: 1
3.310 1. Except as otherwise provided in this subsection [,] 2
and subsection 2, the judge of each district court may appoint a 3
bailiff for the court in counties polling 4,500 or more votes. In 4
counties polling less than 4,500 votes, the judge may appoint a 5
bailiff with the concurrence of the sheriff. 6
2. Subject to the provisions of [subsections 2, 4 and 10,] 7
subsection 9, in a county whose population is 700,000 or more [, the 8
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judge of each district court may appoint a deputy marshal for the 1
court instead of a bailiff. In each case, the] : 2
(a) A bailiff or deputy marshal [serves at the pleasure of the 3
judge he or she serves. 4
2.] may be assigned for the court; and 5
(b) Each bailiff or deputy marshal shall be deemed a local 6
government employee of the county. 7
3. In all judicial districts where there is more than one judge, 8
there may be a number of bailiffs or deputy marshals at least equal 9
to the number of judges, and in any judicial district where a circuit 10
judge has presided for more than 50 percent of the regular judicial 11
days of the prior calendar year, there may be one additional bailiff 12
or deputy marshal . [, each] Except as otherwise provided in 13
subsection 2, each additional bailiff or deputy marshal [to] must be 14
appointed by the joint action of the judges. [If] 15
4. Except as otherwise provided in this subsection, if the 16
judges described in subsection 3 cannot agree upon the 17
[appointment] replacement of any bailiff or deputy marshal [within] 18
not more than 30 days after a vacancy occurs in the [office] 19
position of bailiff or deputy marshal, then the [appointment] 20
replacement must be made by a majority of the board of county 21
commissioners. In a county whose population is 700,000 or more, 22
not more than 30 days after a vacancy occurs in the position of 23
bailiff or deputy marshal, the replacement must be made by a 24
majority of the board of county commissioners. 25
[3.] 5. Each bailiff or deputy marshal shall: 26
(a) Preserve order in the court. 27
(b) Attend upon the prospective and seated members of the 28
jury. 29
(c) Open and close court. 30
[(d) Perform such other duties as may be required of him or her 31
by the judge of the court. 32
4. The bailiff or deputy marshal must be a qualified elector of 33
the county and shall give a bond, to be approved by the district 34
judge, in the sum of $2,000, conditioned for the faithful 35
performance of his or her duty. 36
5.] 6. The compensation of each bailiff or deputy marshal for 37
his or her services must be fixed by the board of county 38
commissioners of the county and his or her salary paid by the 39
county wherein he or she is appointed [,] or assigned, the same as 40
the salaries of other county officers or employees are paid. 41
[6.] 7. The board of county commissioners of the respective 42
counties shall allow the salary stated in subsection [5] 6 as other 43
salaries are allowed to county officers [,] or employees, and the 44
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county auditor shall draw his or her warrant for it, and the county 1
treasurer shall pay it. 2
[7.] 8. The provisions of this section : [do not:] 3
(a) Authorize the bailiff or deputy marshal to serve any civil or 4
criminal process . [, except such orders of the court which are 5
specially directed by the court or the presiding judge thereof to him 6
or her for service.] 7
(b) [Except] Do not, except in a county whose population is 8
700,000 or more, relieve the sheriff of any duty required of him or 9
her by law to maintain order in the courtroom. 10
[8. If a deputy marshal is appointed for a court pursuant to 11
subsection 1, each session of the court must be attended by the 12
deputy marshal.] 13
9. [For good cause shown, a deputy marshal appointed for a 14
court pursuant to subsection 1 may be assigned temporarily to assist 15
other judicial departments or assist with court administration as 16
needed. 17
10.] A person [appointed] who is assigned to be a deputy 18
marshal for a court pursuant to subsection [1] 2 must be certified by 19
the Peace Officers’ Standards and Training Commission as a 20
category I peace officer not later than 18 months after 21
[appointment.] assignment. 22
Sec. 2. NRS 4.353 is hereby amended to read as follows: 23
4.353 1. Subject to the provisions of subsections 2 [, 4] and 24
[10,] 8, in a county whose population is 700,000 or more, [the 25
justice of the peace for each justice court may appoint] a deputy 26
marshal [for the court] : 27
(a) May be assigned instead of a bailiff [. The deputy marshal 28
serves at the pleasure of the justice of the peace that the] ; 29
(b) Must be assigned from a pool of deputy [marshal serves.] 30
marshals; and 31
(c) Shall be deemed a local government employee of the 32
county. 33
2. In all townships where there is more than one justice of the 34
peace, there may be a number of deputy marshals at least equal to 35
the number of justices of the peace. [If the justices of the peace 36
cannot agree upon the appointment of any deputy marshal within] 37
Within 30 days after a vacancy occurs in the [office] position of 38
deputy marshal, the [appointment] replacement of the deputy 39
marshal must be made by a majority of the board of county 40
commissioners. 41
3. Each deputy marshal shall: 42
(a) Preserve order in the court. 43
(b) Open and close court. 44
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(c) Attend upon the prospective and seated members of the 1
jury. 2
(d) Perform [other such duties as may be] any duty required [of 3
the deputy marshal] by [the justice of the peace of the court.] law. 4
4. [The deputy marshal must be a qualified elector of the 5
county and shall give bond, to be approved by the justice of the 6
peace, in the sum of $2,000, conditioned for the faithful 7
performance of his or her duty. 8
5.] The compensation of each deputy marshal for his or her 9
services must be fixed by the board of county commissioners of the 10
county and the deputy marshal’s salary paid by the county wherein 11
he or she is [appointed,] assigned, the same as the salaries of other 12
county [officers] employees are paid. 13
[6.] 5. The board of county commissioners of the respective 14
counties shall allow the salary stated in subsection [5] 4 as other 15
salaries are allowed to county [officers,] employees, and the county 16
auditor shall draw his or her warrant for it, and the county treasurer 17
shall pay it. 18
[7. The provisions of this section do not authorize the] 19
6. A deputy marshal [to] may serve any civil or criminal 20
process . [, except such orders of the court which are specially 21
directed by the court or the presiding justice of the peace thereof to 22
the deputy marshal for service. 23
8. If a] 24
7. A deputy marshal [is appointed for a court pursuant to 25
subsection 1,] must attend each session of the court [must be 26
attended by the deputy marshal. 27
9. For good cause shown, a deputy marshal appointed for a 28
court pursuant to subsection 1 may be assigned temporarily to assist 29
other justice courts or assist with court administration as needed. 30
10.] required by law. 31
8. A person [appointed] who is assigned to be a deputy 32
marshal pursuant to subsection 1 must be certified by the Peace 33
Officers’ Standards and Training Commission as a category I peace 34
officer not later than 18 months after [appointment.] assignment. 35
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