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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
EXHIBIT G Senate Committee on Judiciary Date: 2-5-2013 Page: 1 of 24
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,
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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, &
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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 G 3
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.
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.
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Supreme Court
Cases Decided in Calendar Year 2012
Numbers Disposed in Calendar Year 2012 by Case Category
Nevada Supreme Court Caseload
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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
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
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
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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
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
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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
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)
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
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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
FMP Statistics
Program statistics available on-line:
http://foreclosure.nevadajudiciary.usCategory 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 80 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
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 Projected23
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.
