CHAPTER 10 JUDICIAL DEPARTMENT; TOWNSHIPS. District Court

Transcription

1 CHAPTER 10 JUDICIAL DEPARTMENT; TOWNSHIPS District Court Judicial, law library employees Court administrator: Appointment Court administrator: Duties. Law Library Adoption of state law concerning law libraries Law library fund: Creation; source, use of moneys Board of trustees: Number; qualifications; terms; removal; vacancies Privileges of law library Townships: Creation. Townships District Court Judicial, law library employees. Section 32 of Article 4 of the Nevada constitution and NRS and provide that the county clerk is ex officio clerk of the district court. Section 1 of Article 3 of the Nevada constitution provides for a separation of governmental powers, prohibiting the exercise of powers properly belonging to the judicial department by any other governmental department. Pursuant to the Nevada Supreme Court decision in State, ex rel. Harvey v. The Second Judicial District Court, "a district court may exercise control over the court clerk's office either directly, by assuming all or part of the court clerk's functions, or indirectly, by supervising the county clerk in the performance of his or her duties as the ex officio court clerk." Harvey, 117 Nev.Adv.Op.No. 64 (2001). The purpose of sections to , inclusive, is to: 1. Recognize that employees in the office of the clerk of the district court are under complete jurisdiction and control of the CHAPTER 10 - JUDICIAL DEPARTMENT; TOWNSHIPS Page 10-1

2 district judges and are exempt employees pursuant to paragraph (a) of subsection 3 of section of the Washoe County Code. 2. Recognize that the employees of the Washoe County law library are also exempt employees, since the law library is an important adjunct to the judicial function, under the provisions of paragraph (a) of subsection 3 of section of the Washoe County Code. 3. Provide a method, by the appointment and/or designation of a court administrator, for the institution of administrative methods and procedures for the improvement of the judicial system. ['1, Ord. No. 230; A Ord. Nos. 244, 262, 1147] Court administrator: Appointment. The district judges by majority action shall appoint and/or designate a court administrator. The district judges have denominated the court administrator as clerk of the court. ['2, Ord. No. 230; A Ord. Nos. 244, 1147] Court administrator: Duties. The court administrator shall, under the supervision and direction of the district judges: 1. Prepare and submit budgets to the county manager and the board of county commissioners necessary for the maintenance and operation of the judicial system and make recommendations in respect thereto. 2. Attend to such other matters as may be assigned by the district judges. ['3, Ord. No. 230] Law Library Adoption of state law concerning law libraries. The provisions of chapter 380 of NRS are hereby adopted and made operative in Washoe County. ['1, Ord. No. 1; A Ord. No. 525] Law library fund: Creation; source, use of moneys. 1. The law library fund is hereby created. 2. On the commencement in or removal to the Second Judicial District Court in and for the County of Washoe of any civil action, proceeding or appeal, on filing the first papers therein, the clerk of the district court shall set aside from the costs received the sum of $15. All moneys so set aside shall be paid by the clerk of the district court to the county treasurer, who shall deposit them to the credit of the law library fund. 3. Moneys in the law library fund shall be: (a) Expended for the purchase of law books, journals, periodicals and other publications. (b) Expended for the establishment and maintenance of the law library. CHAPTER 10 - JUDICIAL DEPARTMENT; TOWNSHIPS Page 10-2

3 (c) Drawn therefrom and used and applied only as provided in chapter 380 of NRS. ['2, Ord. No. 1; A Ord. No. 511] Board of trustees: Number; qualifications; terms; removal; vacancies. 1. The law library shall be governed by a board of law library trustees consisting of not less than five nor more than seven members. A maximum of three district court judges of the second judicial district court, designated by all of the judges of the district from among their number, shall be ex-officio trustees. 2. Two of the members of the board of trustees shall be licensed Nevada attorneys at law. The remaining two members shall be neither attorneys nor judges. The attorney and nonattorney members shall be appointed by the board of county commissioners at the first meeting of the board in each January, to serve for terms of 2 years. As nearly as possible, half of the terms must expire each year. 3. The attorney members shall be appointed from a list of nominees supplied by the board of law library trustees, which list shall contain not less than two names for each attorney vacancy on the board of trustees. The board of law library trustees by a majority vote may remove any trustee who neglects to attend meetings of the board or who absence himself, without good excuse, from such meetings. 4. The board of law library trustees by a majority vote may fill any vacancy occurring on the board, from any cause, with another person possessing the same general qualifications as the member being replaced. The board shall meet at least once each calendar quarter and at such other times as the board may designate, at a place to be appointed for that purpose. A majority of the members of the board constitutes a quorum for business purposes. ['3, Ord. No. 1; A Ord. Nos. 525, 578] Privileges of law library. 1. The law library shall be free to all inhabitants of the county. 2. The board of library trustees may prescribe regulations imposing restrictions on the privilege of borrowing books and materials from the law library but may not restrict the accessibility of the library to the general public during normal business hours. ['4, Ord. No. 1; A Ord. No. 525] Townships Townships: Creation. [Effective on the earlier of either a vacancy in the office of justice of the peace in Gerlach or Wadsworth, or upon the completion of the terms of office of the current justices of the peace officeholders in Gerlach and Wadsworth, CHAPTER 10 - JUDICIAL DEPARTMENT; TOWNSHIPS Page 10-3

4 both of whose terms expire on December 31, In the event there is a vacancy created by one of justices of the peace in either Gerlach or Wadsworth prior to expiration of the terms of office as set forth herein, the remaining justice of the peace in either Gerlach or Wadsworth will assume the duties of justice of the peace for the new Gerlach-Wadsworth Township. Any persons meeting the qualifications of justice of the peace as provided by law may file as a candidate for the Gerlach-Wadsworth Township in 2006 based upon the filing deadlines provided by law, notwithstanding the fact that the Gerlach-Wadsworth Township may not be effective until January 1, 2007.] 1. Washoe County is divided into the following-described townships: (a) GERLACH-WADSWORTH TOWNSHIP--All that part of Washoe County lying North of the township line between T. 27 and 28 N and all that part of Washoe County comprised of R. 22, 23, 24 and 25 E. lying South of the township line between T. 27 and 28 N. EXCEPTING T. 21, 22, and 23 N. in R. 22 E. and lying South of the Pyramid Lake Indian Reservation Boundary. (b) SPARKS TOWNSHIP--All of Section 12 and Section 13 and the E. 2 of Section 24, T. 20 N., R. 19 E. and all of R. 20 and 21 E. lying North of the Truckee River and South of the township line between T. 27 and 28 N. INCLUDING T. 21, 22, and 23 N., in R. 22 E. and lying South of the Pyramid Lake Indian Reservation Boundary, except so much thereof as the City of Reno has now annexed and may henceforward annex; provided that Sparks Township shall include all of the City of Sparks at all times. (c) RENO TOWNSHIP--All of that part of Washoe County lying North of the Truckee River and West of the range line between R. 19 and 20 E. and South of the township line between T. 27 and 28 N. and all that part of Washoe County lying South of the Truckee River, excepting therefrom all of Section 12 and Section 13 and the E. 2 of Section 24, T. 20 N., R. 19 E., and also excepting so much thereof as lies in the Verdi Township and the Incline Township, and further excepting so much thereof as the City of Sparks has now annexed and may henceforward annex; provided that Reno Township shall include all of the City of Reno at all times. (d) INCLINE VILLAGE-CRYSTAL BAY TOWNSHIP--All those parts of T. 15, 16, and 17 N., R. 18 E., lying within Washoe County and the watershed boundary of Lake Tahoe. (e) VERDI TOWNSHIP--All that part of Washoe County lying in T. 18 and 19 N. and the south two-thirds of T. 20 N., all in R. 18 E. 2. All townships described in subsection 1 lie North of Mt. Diablo Base Line and the ranges lie East of the Mt. Diablo Meridian. [ ; A Ord. Nos. 849, 1231] Townships: Creation. [Effective on the earlier of either a vacancy in the office of justice of the peace in the Verdi CHAPTER 10 - JUDICIAL DEPARTMENT; TOWNSHIPS Page 10-4

5 Township, or upon the completion of the term of office of the current justice of the peace officeholder in Verdi Township whose term expires on December 31, 2006.] 1. Washoe County is divided into the following-described townships: (a) GERLACH TOWNSHIPBAll that part of Washoe County lying North of the township line between T. 27 and 28 N. (b) WADSWORTH TOWNSHIP--All that part of Washoe County comprised of R. 22, 23, 24 and 25 E. lying South of the township line between T. 27 and 28 N. EXCEPTING T. 21, 22, and 23 N. in R. 22 E. and lying South of the Pyramid Lake Indian Reservation Boundary. (c) SPARKS TOWNSHIP--All of Section 12 and Section 13 and the E. 2 of Section 24, T. 20 N., R. 19 E. and all of R. 20 and 21 E. lying North of the Truckee River and South of the township line between T. 27 and 28 N. INCLUDING T. 21, 22, and 23 N., in R. 22 E. and lying South of the Pyramid Lake Indian Reservation Boundary, except so much thereof as the City of Reno has now annexed and may henceforward annex; provided that Sparks Township shall include all of the City of Sparks at all times. (d) RENO-VERDI TOWNSHIP--All of that part of Washoe County lying North of the Truckee River and West of the range line between R. 19 and 20 E. and South of the township line between T. 27 and 28 N. and all that part of Washoe County lying South of the Truckee River, excepting therefrom all of Section 12 and Section 13 and the E. 2 of Section 24, T. 20 N., R. 19 E., and also excepting so much thereof as lies in the Incline Township, and further excepting so much thereof as the City of Sparks has now annexed and may henceforward annex; provided that Reno-Verdi Township shall include all of the City of Reno at all times, and all that part of Washoe County lying in T. 18 and 19 N. and the south two-thirds of T. 20 N., all in R. 18 E. (e) INCLINE VILLAGE-CRYSTAL BAY TOWNSHIP--All those parts of T. 15, 16, and 17 N., R. 18 E., lying within Washoe County and the watershed boundary of Lake Tahoe. 2. All townships described in subsection 1 lie North of Mt. Diablo Base Line and the ranges lie East of the Mt. Diablo Meridian. [ ; A Ord. Nos. 849, 1231] Townships: Creation. [Effective from and after the expiration of the terms of the current officeholders. Any persons meeting the qualifications of justice of the peace as provided by law may file as a candidate for the Gerlach-Wadsworth Township in 2006 based upon the filing deadlines provided by law, notwithstanding the fact that the Gerlach-Wadsworth Township may not be effective until January 1, 2007.] 1. Washoe County is divided into the following-described townships: (a) GERLACH-WADSWORTH TOWNSHIP--All that part of Washoe County lying North of the township line between T. 27 and 28 N and all that CHAPTER 10 - JUDICIAL DEPARTMENT; TOWNSHIPS Page 10-5

6 part of Washoe County comprised of R. 22, 23, 24 and 25 E. lying South of the township line between T. 27 and 28 N. EXCEPTING T. 21, 22, and 23 N. in R. 22 E. and lying South of the Pyramid Lake Indian Reservation Boundary. (b) SPARKS TOWNSHIP--All of Section 12 and Section 13 and the E. 2 of Section 24, T. 20 N., R. 19 E. and all of R. 20 and 21 E. lying North of the Truckee River and South of the township line between T. 27 and 28 N. INCLUDING T. 21, 22, and 23 N., in R. 22 E. and lying South of the Pyramid Lake Indian Reservation Boundary, except so much thereof as the City of Reno has now annexed and may henceforward annex; provided that Sparks Township shall include all of the City of Sparks at all times. (c) RENO-VERDI TOWNSHIP--All of that part of Washoe County lying North of the Truckee River and West of the range line between R. 19 and 20 E. and South of the township line between T. 27 and 28 N. and all that part of Washoe County lying South of the Truckee River, excepting therefrom all of Section 12 and Section 13 and the E. 2 of Section 24, T. 20 N., R. 19 E., and also excepting so much thereof as lies in the Incline Township, and further excepting so much thereof as the City of Sparks has now annexed and may henceforward annex; provided that Reno-Verdi Township shall include all of the City of Reno at all times, and all that part of Washoe County lying in T. 18 and 19 N. and the south two-thirds of T. 20 N., all in R. 18 E. (d) INCLINE VILLAGE-CRYSTAL BAY TOWNSHIP--All those parts of T. 15, 16, and 17 N., R. 18 E., lying within Washoe County and the watershed boundary of Lake Tahoe. 2. All townships described in subsection 1 lie North of Mt. Diablo Base Line and the ranges lie East of the Mt. Diablo Meridian. [ ; A Ord. Nos. 849, 1231] CHAPTER 10 - JUDICIAL DEPARTMENT; TOWNSHIPS Page 10-6