FlLil"i JUDICIAL OFFICERS. IT IS HEREBY ORDERED that for all cases filed on or after January , CLARK COUNTY, NEVADA
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1 FlLil"i USTICE courr, LAs VEGAS rowffwp 3 s fll 'l$ CLARK COUNTY, NEVADA 11 t IN THE ADMINISTRATIVE MATTER REGARDING MAI\DATORY SMALL- CLAIMS MEDIATION AND QUASI- UDICIAL OFFICERS A. Mandatory Small-Claims Mediation *;l'.---:--*{i='. :o.- i;' ADMINISTRATIVE ORDER # 1.OI l.whereas, CRLV allows the Chief udge to make o'such orders as deemed advisable" relating to local court rules; and 1 t WHEREAS, after a review of the processes in the Small-Claims Division, the Chief udge has determined that certain procedures need to be changed; therefore, 1 l IT IS HEREBY ORDERED that for all cases filed on or after anuary 1.1, Small-Claims Mediation will no longer be mandatory, but it will still be available for any parties who wish to pursue it voluntarily; and 3 IT IS FURTHER ORDERED that the provisions of CRLV. shall IT IS FURTHER ORDERED that, ; and be susnended on or after anuarv 1.1, a fee of $1.00 shall be charged and collected by the Court. ' This Administrative Order supersedes Administrative Order #l l-. -1-
2 1 B. Ouasi-udicial Officers WHEREAS, the Las Vegas ustice Court utilizes justices of the peace pro tempore and referees, pursuant to NRS.03 and NRS.3; and I WHEREAS, a prior Administrative Order formalized various policies regulating these court officers; and ll t t 1 1 t 1 3 ustice Court: WHEREAS, such policies need to be updated in certain respects; therefore, IT IS HEREBY ORDERED that the following policies are applicable in the Las Vegas (1) Small-Claims cases will be assigned to a Small-Claims Pro Tempore udge for trial. () Making Appearances and Being Listed as Attomey of Record ustices of the Peace Pro Tempore, Small-Claims Pro Tempore udges, and Traffic Referees are subject to the following restrictions on service: (a) A ustice of the Peace Pro Tempore who is designated to hear all case types may not be named as attorney of record or make any appearance in any case pending in the Las Vegas ustice Court during his or her term of service. This is a personal restriction that does not affect other attorneys in the law firm of a ustice of the Peace Pro Tempore. (b) A Small-Claims Pro Tempore udge may not be named as attorney of record or make any appearance in a small-claims case pending in the Las Vegas ustice Court during his or her term of service. This is a personal restriction that does not affect other attorneys in the law firm of the Small-Claims Pro Tempore udge. (c) A Traffic Referee may not be named as attorney of record or make any appearance in any traffic matter pending in the Las Vegas ustice Court during his or her term or service. This restriction applies to walk-in attorney sessions, bulk attorney sessions, pretrial negotiations, and trials. Moreover, this is a personal restriction that does not affect other attorneys in the law frrm of the Traffic Referee. --
3 1l t t I t T l Z (3) Recusal A ustice of the Peace Pro Tempore, Small-Claims Pro Tempore udge, and Traffic Referee must recuse himself or herself from hearing any case that he or she previously handled, or is currently handling, as an attorney, and from any case where aparty is or was a client of the ustice of the Peace Pro Tempore, Small- Claims Pro Tempore udge, or Traffic Referee or the law firm where the ustice of the Peace Pro Tempore, Small-Claims Pro Tempore udge, or Traffic Referee currently practices. () Election Restrictions A current or prospective ustice of the Peace Pro Tempore, Small-Claims Pro Tempore udge, or Traffic Referee who is a candidate for a contested judicial office may not serve in the applicable capacity until one of the following has occurred: () Recruitment Processes (a) The current or prospective ustice of the Peace Pro Tempore, Small- Claims Pro Tempore udge, or Traffic Referee withdraws from the race; (b) The current or prospective ustice of the Peace Pro Tempore, Small- Claims Pro Tempore udge, or Traffic Referee is defeated in the primary election for the contested judicial office; or (c) The general election for the contestedjudicial office has passed. (a) An individual who wishes to serve as a ustice of the Peace Pro Tempore, Small-Claims Pro Tempore udge, or Traffic Referee must comply with the application requirements imposed by the Chief udge or the Chief udge's designee. These requirements may include, but are not limited to, the following: (l) Submission of a resume; () Submission of a letter of interest; (3) Submission of a writing sample; () Consent to a criminal background check; () Consent to a Bar status check with the State Bar of Nevada; and () An interview by a panel ofjustices of the peace. -3-
4 1t l l3 t 1 T t T ^t Z (b) The term of service for a ustice of the Peace Pro Tempore, Small-Claims Pro Tempore udge, and Traffic Referee is a period of two calendar years, commencing on anuary l't of odd-numbered years and ending on December 3 l't of even-numbered years. Individuals may apply to serve in any of the listed capacities, and for consecutive terms, without restriction. (c) The recruitment timelines are as follows: () Restrictions on Duties (1) Applicants may only apply.during the period commencing on une th and ending on August tn of even-numbered years. () The persons selected for the panels will be determined at a closed judges' meeting in September of each even-numbered year. The procedure for selecting the panels, and the total number of individuals to be selected, will be determined by a majority vote of the justices of the peace who attend the closed judges' meeting, either in person or by proxy. (3) The individuals selected by the justices of the peace to serve as ustices of the Peace Pro Tempore and Small-Claims Pro-Tempore udges will then be submitted to the Board of County Commissioners (BCC) for approval. Traffic Referees will be approved without the need for concurrence by the BCC. () The ustices of the Peace Pro Tempore, Small-Claims Pro Tempore udges, and Traffic Referees who are chosen for the next ensuing panel must attend a mandatory orientation in November or December of the even-numbered year before the next ensuing term of service begins. This requirement may only be waived by the Chief udge upon written request and for good cause shown. The length and format of the orientation will be determined by the Chief udge. The orientation will include an ethics component of at least one hour in duration. Attendees at the orientation will be eligible to obtain continuing-legal-education (CLE) credit for their attendance. ustices of the Peace Pro Tempore and Small-Claims Pro Tempore udges are subject to the following restrictions: (a) Neither a ustice of the Peace Pro Tempore nor a Small-Claims Pro Tempore udge may sign a search warrant; (b) Neither a ustice of the Peace Pro Tempore nor a Small-Claims Pro Tempore udge is authorized to review protection-order applications, or to grant or deny protection order requests, in chambers..however, a ustice of the Peace Pro Tempore (who is not designated solely as a Small-Claims Pro Tempore udge) is authorized to approve or deny protection-order requests in the courtroom during any scheduled hearing. --
5 1 3 l t t t () Disqualification () CRLV C. Effective Date (c) Neither a ustice of the Peace Pro Tempore nor a Small-Claims Pro Tempore udge may perform a marriage ceremony. A motion to disqualify a ustice of the Peace Pro Tempore, Small-Claims Pro Tempore udge, or Traffic Referee shall be heard by the Chief udge or a designee of the Chief udge. To the extent that the provisions of CRLV refer to "Small-Claims Referees," such references shall be construed instead to refer to "Small-Claims Pro Tempore udges." IT IS FURTHER ORDERED that this entire Administrative Order shall become effective immediately, and this Administrative Order will remain in effect until formal, related rule changes have been submitted by the Las Vegas ustice Court's Rules Committee and approved by the Nevada Supreme Court. 1 l Dated,hi, \t day of \".* rr\.,1. 3 Chief ustice of the Peace --
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