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Judicial Branch Overview Kristina Pickering, Chief Justice

James Hardesty, Justice

Senate Judiciary Committee February, 2013

Staff Contact: John McCormick 775-687-9813 jmccormick@nvcourts.nv.gov

Judicial Branch

Article 3, Section 1, of the Nevada Constitution The powers of the Government of the State of Nevada shall be divided

into three separate departments,—the Legislative,—the Executive and

the Judicial...

Article 6, Section 1, of the Nevada Constitution The judicial power of this State shall be vested in a court system,

comprising a Supreme Court, district courts, and justices of the peace.

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Judicial Branch Organization Judicial Branch Generally, NRS Chapter 1

The Constitution provides for the establishment of the Judicial Branch. The Judicial Branch resolves both public and private disputes by applying laws established through the legislative process and based upon prior state Supreme Court decisions. Nevada has a non-unified court system.

Supreme Court Article 3, Sec. 1

Article 6, Sec. 1, 2, 3, 4, & 19

NRS Chapter 2

District Court Article 6, Sec. 5 & 6

NRS Chapter 3

Justice Court Article 6, Sec. 8 NRS Chapter 4

Municipal Court Article 6, Sec. 9 NRS Chapter 5

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Judicial Branch Revenue Total Biennial Funding - $119,469,701

$63,631,043 53%

$824,538 1%

$55,014,120 46%

General Fund Appropriation Distribution

• 67% Judicial Elected Official Salaries

• 16% to the Supreme Court

• 7% to the Judicial Retirement System

• 5% to the Law Library

• 3% to the Senior Judge Program

• 2% Judicial Programs

• 1% Other (Foreclosure Mediation & Judicial

Selection)

General Fund

Admin Assess & Other Fees

Federal

The Judicial Branch general fund

appropriation is 1% of the total general fund

appropriation contained in the Executive

Budget. When comparing the Judicial

Branch budget to all funding sources in the

Executive Budget, the Judicial Branch

receives .6% of all funding sources.

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Supreme Court Duties

Administer the Nevada judicial system Decide all civil and criminal cases appealed

from District Court Exercise extraordinary writ review - writs of

mandamus, certiorari, prohibition, quo

warranto, and habeas corpus

Licensure and discipline of lawyers Appellate review for judicial discipline

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Supreme Court Cases Filed and Disposed Projections for the 2013 – 2015 Biennium

FY 10 FY 11 FY 12 FY 13* FY 14* FY 15*

New Cases Filed 2,266 2,395 2,500 2,625 2,756 2,894

Cases Resolved 2,419 2,220 2,270 2,270 2,270 2,270

Cases Pending 1,514 1,689 1,919 2,274 2,760 3,384

*Projections for cases filed and cases pending include a 5% increase each year

• It took 112 years – from statehood on October 31, 1864 until August 12, 1977 – for the first 10,000 cases to be filed in the Nevada Supreme Court.

• Over the next 30 years – from 1977 to August 13, 2007 – 40,000 more cases were files, 10,000

of which were filed between 2002-2007. • The 60,000th case was filed on January 9, 2012.

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Supreme Court Cases Decided in Calendar Year 2012

Numbers Disposed in Calendar Year 2012 by Case Category

65 Bar Matters 862 Civil Appeals 989 Criminal Appeals 329 Original Proceedings G 7

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Nevada Supreme Court Caseload

Compared with Selected Other States

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District Courts Article 6, Sec. 5 & 6; NRS Chapter 3

10 judicial districts, 17 county courts 82 judges of general jurisdiction Jurisdiction -

Preside over cases of felony and gross misdemeanor crimes; civil matters above $10,000; and family law cases, including juvenile crimes (exclusive), abuse, and neglect. Conduct jury and non-jury trials. Rule on legal issues. Hear appeals of Justice and Municipal Court cases.

Funding Source District Judges’ salaries –

State General Fund Appropriation

Staff, facilities, & operations – County General Fund and Civil Filing Fees

District Court Case Filings, 2012

Criminal Civil Family Juvenile

15,481 30,770 69,328 11,788 Total Case Filings: 127,367

District Court Case Dispositions, 2012

Criminal Civil Family Juvenile

16,830 36,320 64,620 13,736 Total Case Dispositions: 131,506

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Senior Judge Program

Senior Judge Program places retired district judges (currently 22 active seniors) to hear cases in district court due to judicial absence, disqualification, vacancy, or another reason

In 2012 the senior judges provided the service of an equivalent of 8 full time district judges, saving millions of dollars and expediting cases that could have languished in the backlog

Senior judges also conduct settlement hearings in the Clark County Family Court resulting in speedier resolution of these cases

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Justice Courts Article 6, Sec. 8; NRS Chapter 4

67 judgeships Courts of limited jurisdiction Jurisdiction: Preside over preliminary matters of felony and

gross misdemeanor cases, traffic and other misdemeanor cases, civil matters up to $10,000, small claims (up to $7,500), and landlord tenant disputes. Issue temporary protective orders and warrants.

In fiscal year 2011, non-traffic cases filed – 214,923; and traffic cases filed – 363,185 In fiscal year 2012, non-traffic cases filed – 192,129; and traffic cases filed – 370,279

Funding source: County General Fund 9 judges serve as both Justice of the Peace and Municipal

Court Judge

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Municipal Courts Article 6, Sec. 9; NRS Chapter 5

30 judgeships Court of limited jurisdiction Jurisdiction: Preside over misdemeanor and traffic

cases in incorporated communities; limited civil jurisdiction

In fiscal year 2011, non-traffic cases filed – 62,735; and traffic cases filed – 203,310 In fiscal year 2012, non-traffic cases filed – 54,147; and traffic charges filed – 185,046

Funding source: City General Fund 9 judges serve as both Justice of the Peace and

Municipal Court Judge

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Specialty Courts

44 Specialty Courts programs throughout Nevada. 1,541 participant successfully graduated from specialty court programs in

FY2012 60 drug-free babies born to participants Funding in the next biennium:

$7 specialty court administrative assessment (NRS 176.0613) Felony bond forfeitures (10% to Specialty Courts, NRS

178.518) 12% of the Judicial Branch share of general administrative

assessment revenue (NRS 176.059) Total Specialty Court Revenue in FY 2012: $5,631,309

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Specialty Courts by Region

Western Region Western Regional Adult Drug Court (5 programs) Carson City & Storey County Juvenile Drug Court Carson City Felony DUI Court Carson City Mental Health Court

Washoe Region Second Judicial District

Adult Drug Court Family Drug Court Felony DUI Court Juvenile Drug Court Mental Health Court Veterans Court

Reno Justice Court Alcohol and Drug Court Sparks Municipal Court Alcohol and Drug Court Reno Municipal Court Alcohol and Drug Court (2

programs) Eastern Region

Elko County Juvenile and Adult Drug Courts White Pine County Adult and Juvenile Drug

Courts

Fifth Judicial District Nye County Juvenile and Adult Drug Courts

Central Region Humboldt County Adult Drug Court Lander County Adult Drug Court Pershing County Adult Drug Court

Clark Region Eight Judicial District

Adult Drug Court Child Support Drug Court Dependency Mothers’ Drug Court Family Drug Court Felony DUI Court Juvenile Drug Court Mental Health Court

Las Vegas Justice Court Adult Drug and DUI (3 programs) Courts

Las Vegas Municipal Adult Drug, DUI, Habitual Offender, and Female Prostitution Courts

Henderson Municipal Habitual Offender Court North Las Vegas Municipal Alcohol and Drug

Court

There are courts funded from other sources: northern prison re-entry, southern prison re-entry, and southern veterans’ G 14

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Business Courts

Second Judicial District (Washoe) and Eighth Judicial District (Clark)

WDCR 2.1; EDCR 1.61 Business Court Jurisdiction

Corporate Disputes Business to Business Disputes

Business Court Caseloads, FY 2012

Court New Cases Transferred Cases

Dispositions Year End Pending

Average Time to Disposition (months)

2nd JD 5 1 27 55 17

8th JD 273 NR 462 531 27

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Administrative Office of the Courts

Legislative mandated or

requested reports

Alternative dispute resolution (biennial)

Specialty Court funding (biennial)

Uniform system for judicial records (annual)

Roles to assist with Judicial Branch administration

Administrative support such as budgets, personnel, benefits, policies, legislation, etc.

Education of judges and court staff

Trial court services such as court interpreter certification, specialty court funding, and coordination with justice partners

Technology (e.g., state sponsored case management system, justice integration, assist w/ NV Offense Codes)

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AOC Work by Division

Administration

Budget Preparation, Management, and Accounting Human Resources/Payroll Senior Judge Program Facilities Management Judicial Branch Audits

Judicial Programs and Services

Court Interpreter Certifications Limited Jurisdiction Courts Bench Book Court Improvement Program for dependent children Specialty Court programs Interaction and coordination with federal, state, and local justice partners Assistance to the trial courts Commission support – JCSN; Preservation, Access and Sealing of Court Records;

Indigent Defense Commission Judicial Education (including court staff)

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AOC Work by Division

Information Technology

Supreme Court support E-filing Document management system Appellate Court case management system

Trial Court support State-sponsored case management system Criminal Justice Integration Nevada Offense Codes

Judicial Branch support Manage and maintain all servers and databases for the above support projects Maintain hardware and software throughout Supreme Court

Supreme Court Police

Security for justices, staff, and citizens in the Supreme Court Building and off-site

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Foreclosure Mediation Program (FMP)

Created during the 2009 session of the Nevada Legislature

Amended NRS Chapter 107

Homeowners meet face-to-face with lender representatives who must have

the authority to negotiate and modify the terms of a loan. Mediations can

result in loan modification, a short sale agreement or other resolution.

Brings together key stakeholders, including property owners, lenders, and their

respective representatives, in a neutral setting to discuss alternatives to

foreclosure. By working together to explore various options, agreements can be

reached that benefit both sides and avoid foreclosure.

Funding

$44.33 of the $200 fee for each Notice of Default and Intent to Sell filed

$400 Mediation Service Fee

The lender and the homeowner each pay $200

Passed through to the mediator

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FMP Statistics

Program statistics available on-line: http://foreclosure.nevadajudiciary.us

Category FY 11 FY 12 FY 13

Thru Dec

Notices of Default and Intent to Sell 54,191 16,818 8,528

Mediations Held 6,370 4,803 596

Agreement Outcomes

Retained Property

3,227

1,941

989

547

173

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Non-Agreement Outcomes 3,143 3,814 423

Certificates Issued 47,919 22,219 4,758

Non-Applicable Properties 45,936 19,125 4,388

Applicable Properties 1,983 3,094 370

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FMP Revenue Projections

Notice of Default Fee (NODs) projections are based on those of the Economic Forum (NRS 353.246)

FY 14: $404,100 for 9,117 NODs projected to be filed

FY 14 program expenses: $1,141,356

FY 15: $363,600 for 8,203 NODs projected to be filed

FY 15 program expenses: $1,170,125

The program is spending down its general reserves

Mediation Service Fees

Mediations will be requested on 12% of NODs filed @ $400 each

FY 14: 1,094 requests

FY 15: 984 requests

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FMP Revenue: NOD Fees

$3,903,732

$2,708,626

$745,837 $693,210

$404,100 $363,600

$-

$500,000

$1,000,000

$1,500,000

$2,000,000

$2,500,000

$3,000,000

$3,500,000

$4,000,000

$4,500,000

FY 10 FY 11 FY 12 FY 13 FY 14 FY 15

Actual Projected

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Judicial Council of the State of Nevada

The Judicial Council of the State of Nevada shall…

Develop and recommend… policies for the administration of the judiciary.

Consider issues forwarded to it by the Supreme Court and/or Chief Justice.

Review proposed legislation affecting the courts …

Recommend legislation and/or rules … to the Supreme Court.

Establish committees to develop minimum standards, to be recommended to the Supreme Court.

Develop recommendations … for the improvement of Nevada's courts and the statewide court system.

The Judicial Council of the State of Nevada (JCSN) is made up of representatives from all levels of courts, from all the regions of the State.

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Special Supreme Court Commissions

and Committees

Commission on Statewide Juvenile Justice Reform Commission on Preservation, Access, and Sealing of

Court Records Indigent Defense Commission Specialty Court Funding Committee Court Improvement Program Select Committee Access to Justice Commission Bench/Bar Committee

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