[Rev. 11/21/2013 8:54:36 AM--2013]

CHAPTER 2 - SUPREME COURT

COURT AND JUSTICES

NRS 2.010               Composition; commission; oath. [Effective until the date on which the voters approve a constitutional amendment establishing an intermediate court of appeals.]

NRS 2.010               Composition; commission; oath. [Effective on the date on which the voters approve a constitutional amendment establishing an intermediate court of appeals.]

NRS 2.020               Qualifications.

NRS 2.030               Election; Chief Justice. [Effective until the date on which the voters approve a constitutional amendment establishing an intermediate court of appeals.]

NRS 2.030               Election; Chief Justice. [Effective on the date on which the voters approve a constitutional amendment establishing an intermediate court of appeals.]

NRS 2.040               Vacancy filled by Governor; term.

NRS 2.050               Base salary.

NRS 2.060               Pensions. [Effective through December 31, 2014, and after that date through June 30, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are not approved and ratified by the voters at the 2014 General Election.]

NRS 2.060               Pensions. [Effective January 1, 2015, through June 30, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 2.060               Pensions. [Effective July 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are not approved and ratified by the voters at the 2014 General Election.]

NRS 2.060               Pensions. [Effective July 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 2.065               Retirement because of incapacity, disability or advanced age. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 2.065               Retirement because of incapacity, disability or advanced age. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 2.070               Benefits for surviving spouse.

NRS 2.075               Benefits for surviving child.

NRS 2.079               Benefits for survivor beneficiary and additional payees.

NRS 2.083               Application and administration of provisions concerning pensions, retirement and benefits.

NRS 2.090               Jurisdiction to review on appeal.

NRS 2.110               Power on appeal.

NRS 2.120               Adoption of rules for government of courts and State Bar of Nevada; adoption of rules for civil practice and procedure.

NRS 2.123               Adoption of rules for renewal of license to practice law: Information relating to state business license and unpaid debt assigned to State Controller for collection. [Effective January 1, 2014.]

NRS 2.125               Adoption of rules for voluntary mediation for homeowners at risk of default and small businesses whose commercial property is in default.

NRS 2.130               Regular sessions; issuance of writs.

NRS 2.135               Panels. [Effective until the date on which the voters approve a constitutional amendment establishing an intermediate court of appeals.]

NRS 2.140               Quorum. [Effective until the date on which the voters approve a constitutional amendment establishing an intermediate court of appeals.]

NRS 2.140               Quorum; reargument of case. [Effective on the date on which the voters approve a constitutional amendment establishing an intermediate court of appeals.]

NRS 2.150               Room and facilities for session.

NRS 2.160               Assignment of submitted cases; written decisions and opinions.

NRS 2.165               Ruling that provision of Nevada Constitution or Nevada Revised Statutes is unconstitutional: Prevailing party to provide copy of ruling to Attorney General.

NRS 2.170               Justice not to practice law.

NRS 2.180               Absence from State; forfeiture of office.

NRS 2.185               Appropriation for support or operation of Court must be reduced based on administrative assessments to be allocated to Court; duty of Court.

NRS 2.190               Power to take and certify acknowledgments and affidavits.

NRS 2.195               Use of facsimile signature: Conditions and restrictions.

OFFICERS AND EMPLOYEES

NRS 2.200               Appointment of Clerk; removal.

NRS 2.210               Qualifications of Clerk.

NRS 2.220               Salary of Clerk.

NRS 2.230               Deputy clerks.

NRS 2.240               Clerical assistants.

NRS 2.250               Fees.

NRS 2.255               Penalties for violations by Clerk.

NRS 2.260               List of cases submitted to be published monthly by Clerk.

NRS 2.270               Destruction of obsolete exhibits by Clerk.

NRS 2.280               Power of Clerk to take and certify acknowledgments and affidavits.

NRS 2.290               Bailiff.

NRS 2.295               Employees to provide safety, security and police duties.

NRS 2.300               Other employees.

NRS 2.310               Official Reporter: Appointment; qualifications.

NEVADA REPORTS AND ADVANCE SHEETS

NRS 2.320               Reporters of decisions; duties. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 2.320               Reporters of decisions; duties. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 2.330               Bound volumes.

NRS 2.340               Advance sheets: Publication. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 2.340               Advance sheets: Publication. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 2.345               Advance sheets: Distribution without charge.

NRS 2.350               Title of bound volumes.

NRS 2.360               Justices to supervise and direct preparation of material.

NRS 2.370               Duties of stenographic clerks and Clerk of the Court. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 2.370               Duties of stenographic clerks and Clerk of the Court. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 2.380               Printing of Nevada Reports.

NRS 2.400               Money for printing Nevada Reports and advance sheets.

LAW LIBRARY

NRS 2.410               Supervision and control; regulations governing operation.

NRS 2.420               Hours of use by public.

NRS 2.430               Librarian and other personnel: Appointment; unclassified service; leaves of absence.

NRS 2.440               Qualifications of Librarian.

NRS 2.450               Biennial report.

NRS 2.460               Purchase and exchange of publications authorized.

NRS 2.470               Charges for services; disposition of receipts.

NRS 2.480               Money for operation and maintenance; use of Law Library’s Account.

NRS 2.490               Gifts: Deposit in Law Library Gift Account; use.

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COURT AND JUSTICES

      NRS 2.010  Composition; commission; oath. [Effective until the date on which the voters approve a constitutional amendment establishing an intermediate court of appeals.]  The Supreme Court shall consist of a Chief Justice and six associate justices. Each justice hereafter elected or appointed shall be commissioned by the Governor and, before entering upon the discharge of duties, shall take the constitutional oath of office.

      [2:19:1865; B § 911; BH § 2426; C § 2509; RL § 4829; NCL § 8371]—(NRS A 1967, 835; 1997, 1529)

      NRS 2.010  Composition; commission; oath. [Effective on the date on which the voters approve a constitutional amendment establishing an intermediate court of appeals.]  The Supreme Court shall consist of a Chief Justice and four associate justices. Each justice hereafter elected or appointed shall be commissioned by the Governor, and before entering upon the discharge of duties, shall take the constitutional oath of office.

      [2:19:1865; B § 911; BH § 2426; C § 2509; RL § 4829; NCL § 8371]—(NRS A 1967, 835; 1997, 1529, effective on the date on which the voters approve a constitutional amendment establishing an intermediate court of appeals)

      NRS 2.020  Qualifications.

      1.  A person may not be a candidate for or be eligible to the office of justice of the Supreme Court unless the person:

      (a) Has attained the age of 25 years.

      (b) Is an attorney licensed and admitted to practice law in the courts of this State at the time of the election or appointment.

      (c) Has been an attorney licensed and admitted to practice law in the courts of this State, another state or the District of Columbia for not less than 15 years at any time preceding the election or appointment, at least 2 years of which have been in this State.

      (d) Is a qualified elector and has been a bona fide resident of this State for 2 years next preceding the election or appointment.

      (e) Has not ever been removed from any judicial office by the Legislature or removed or retired from any judicial office by the Commission on Judicial Discipline.

      2.  For the purposes of this section, a person is eligible to be a candidate for the office of justice of the Supreme Court if a decision to remove or retire the person from a judicial office is pending appeal before the Supreme Court or has been overturned by the Supreme Court.

      [Part 1:217:1909; A 1931, 9; 1931 NCL § 618] + [Part 2:108:1866; A 1953, 711; 1955, 459]—(NRS A 1977, 762; 1999, 94; 2005, 1211)

      NRS 2.030  Election; Chief Justice. [Effective until the date on which the voters approve a constitutional amendment establishing an intermediate court of appeals.]

      1.  The justices of the Supreme Court must be chosen at general elections by the qualified electors of this State. Except as provisionally limited in subsections 2 and 4, each justice holds office for a term of 6 years from and including the first Monday of January next after the election. The senior justice in commission is the Chief Justice, and in case the commissions of two or more of the justices bear the same date, the justices shall determine by lot who is the Chief Justice.

      2.  On October 1, 1967, the Governor shall appoint two additional justices for terms expiring on the first Monday in January 1969. Their successors must be chosen as follows:

      (a) One justice must be chosen at the general election in 1968, for a term of 4 years from and including the first Monday in January 1969.

      (b) One justice must be chosen at the general election in 1968, for a term of 6 years from and including the first Monday in January 1969.

      3.  At the general election in 1968, in addition to the justices chosen pursuant to subsection 2, one justice must be chosen to succeed the justice whose term of office, current on October 1, 1967, expires on the first Monday in January 1969. At the general elections in 1972 and 1974, and every sixth year respectively thereafter, two justices must be chosen. At the general election in 1970, and every sixth year thereafter, one justice must be chosen.

      4.  Two additional justices must be chosen at the general election in 1998 for terms of 2 years which expire on the first Monday in January 2001. Their successors must be chosen at the general election in 2000, for terms of 6 years from and including the first Monday in January 2001.

      5.  At the general election in 1998, and every sixth year respectively thereafter, in addition to the justices elected pursuant to subsection 4, two justices must be chosen to succeed the justices whose terms of office expire on the first Monday in January 1999. At the general election in 2000, and every sixth year respectively thereafter:

      (a) One justice must be chosen to succeed the justice whose term of office commenced on the first Monday in January 1995 and expires on the first Monday in January 2001.

      (b) Two justices must be chosen to succeed the justices who served terms of 2 years pursuant to subsection 4.

Ê At the general election in 2002, and every sixth year respectively thereafter, two justices must be chosen to succeed the justices whose terms of office expire on the first Monday in January 2003.

      [Part 1:108:1866; B § 2599; BH § 1636; C § 1782; RL § 2765; NCL § 4765] + [Part 9:108:1866; B § 2607; BH § 1644; C § 1790; RL § 2773; NCL § 4773] + [3:19:1865; B § 912; BH § 2427; C § 2510; RL § 4830; NCL § 8372] + [11:108:1866; B § 2609; BH § 1646; C § 1792; RL § 2775; NCL § 4775]—(NRS A 1967, 835; 1997, 1529)

      NRS 2.030  Election; Chief Justice. [Effective on the date on which the voters approve a constitutional amendment establishing an intermediate court of appeals.]

      1.  The justices of the Supreme Court shall be chosen at general elections by the qualified electors of the State. Except as provisionally limited in subsection 2, each justice shall hold office for the term of 6 years from and including the first Monday of January next after the election. The senior justice in commission shall be Chief Justice and in case the commissions of any two or more of the justices shall bear the same date, they shall determine by lot who shall be Chief Justice.

      2.  On October 1, 1967, the Governor shall appoint two additional justices for terms expiring on the first Monday in January 1969. Their successors shall be chosen as follows:

      (a) One justice shall be chosen at the general election in 1968, for a term of 4 years from and including the first Monday in January 1969.

      (b) One justice shall be chosen at the general election in 1968, for a term of 6 years from and including the first Monday in January 1969.

      3.  At the general election in 1968, in addition to the justices chosen pursuant to subsection 2, one justice shall be chosen to succeed the justice whose term of office, current on October 1, 1967, expires on the first Monday in January 1969. At the general elections in 1972 and 1974, and every sixth year respectively thereafter, two justices shall be chosen. At the general election in 1970, and every sixth year thereafter, one justice shall be chosen.

      [Part 1:108:1866; B § 2599; BH § 1636; C § 1782; RL § 2765; NCL § 4765] + [Part 9:108:1866; B § 2607; BH § 1644; C § 1790; RL § 2773; NCL § 4773] + [3:19:1865; B § 912; BH § 2427; C § 2510; RL § 4830; NCL § 8372] + [11:108:1866; B § 2609; BH § 1646; C § 1792; RL § 2775; NCL § 4775]—(NRS A 1967, 835; 1997, 1529, effective on the date on which the voters approve a constitutional amendment establishing an intermediate court of appeals)

      NRS 2.040  Vacancy filled by Governor; term.  Whenever any vacancy shall occur in the office of justice of the Supreme Court, the Governor shall fill the same by granting a commission, which shall expire at the next general election by the people and upon the qualification of his or her successor, at which election a justice shall be chosen for the balance of the unexpired term.

      [Part 48:108:1866; B § 2646; BH § 1683; C § 1829; RL § 2812; NCL § 4812] + [4:19:1865; B § 913; BH § 2428; C § 2511; RL § 4831; NCL § 8373]

      NRS 2.050  Base salary.

      1.  Until the first Monday in January 2009, the justices of the Supreme Court whose terms of office expire on the first Monday in January 2009 are entitled to receive an annual base salary of $140,000. From and after the first Monday in January 2009, their successors in office are entitled to receive an annual base salary of $170,000.

      2.  Until the first Monday in January 2011, the justices of the Supreme Court whose terms of office expire on the first Monday in January 2011 are entitled to receive an annual base salary of $140,000. From and after the first Monday in January 2011, their successors in office are entitled to receive an annual base salary of $170,000.

      3.  Until the first Monday in January 2013, the justices of the Supreme Court whose terms of office expire on the first Monday in January 2013 are entitled to receive an annual base salary of $140,000. From and after the first Monday in January 2013, their successors in office are entitled to receive an annual base salary of $170,000.

      4.  All salaries provided for in this section are payable in biweekly installments as other state officers are paid.

      [1:153:1927; A 1928, 29; 1945, 208; 1951, 359; 1953, 540]—(NRS A 1957, 543; 1961, 481; 1965, 1154; 1967, 836; 1969, 789; 1971, 2204; 1977, 1013; 1981, 1371; 1985, 1607; 1989, 1896; 1995, 2514; 1997, 1530; 2001, 3109, 3113; 2007, 1750)

      NRS 2.060  Pensions. [Effective through December 31, 2014, and after that date through June 30, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are not approved and ratified by the voters at the 2014 General Election.]

      1.  Any justice of the Supreme Court who has served as a justice or judge of a district court in any one or more of those courts for a period or periods aggregating 22 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his or her life, a sum of money equal in amount to three-fourths the sum received as a salary for his or her judicial services during the last year thereof, payable monthly from the Judicial Retirement Fund established pursuant to NRS 1A.160.

      2.  Any justice of the Supreme Court who has served as a justice or judge of a district court in any one or more of those courts for a period or periods aggregating 5 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his or her life, a sum of money equal in amount to 4.1666 percent of the sum received as a salary for his or her judicial services during the last year thereof, payable monthly from the Judicial Retirement Fund established pursuant to NRS 1A.160.

      3.  Any justice of the Supreme Court who qualifies for a pension under the provisions of subsection 2 is entitled to receive, for each year served beyond 5 years up to a maximum of 22 years, an additional 4.1666 percent of the sum received as a salary for his or her judicial services during the last year thereof, payable as provided in subsection 2.

      4.  Any justice who has retired pursuant to subsection 3 and is thereafter recalled to additional active service in the court system is entitled to receive credit toward accumulating 22 years’ service for the maximum pension based upon the time he or she actually spends in the additional active service.

      5.  Any justice who has the years of service necessary to retire but has not attained the required age may retire at any age with a benefit actuarially reduced to the required retirement age. A benefit under this subsection must be reduced in the same manner as benefits are reduced for persons retired under the Public Employees’ Retirement System.

      6.  Any person receiving a pension pursuant to the provisions of this section is entitled to receive postretirement increases equal to those provided for persons retired under the Public Employees’ Retirement System.

      7.  Any justice who desires to receive the benefits of this section must file with the Executive Officer of the Public Employees’ Retirement Board an affidavit setting forth the fact that the justice is ending his or her service, the date and place of his or her birth, and the years he or she has served in any district court or the Supreme Court.

      8.  Any justice who has retired and is thereafter recalled to additional active service in the court system as a senior justice is entitled to receive a retirement allowance during the period of reemployment in addition to compensation for services.

      9.  The faith of the State of Nevada is hereby pledged that this section shall not be repealed or amended so as to affect any justice who may have ended his or her service pursuant to it.

      [Part 1:118:1937; A 1947, 404; 1949, 412; 1951, 362] + [Part 2:118:1937; 1931 NCL § 4881.02] + [3:118:1937; 1931 NCL § 4881.03] + [Part 4:118:1937; 1931 NCL § 4881.04]—(NRS A 1957, 283; 1960, 397; 1971, 244; 1975, 370; 1979, 1082; 1981, 890; 1983, 839; 1985, 858; 1987, 834; 1993, 1167; 2001, 3110; 2001 Special Session, 88; 2003, 221; 2007, 1971; 2009, 2218, 2219, 2222)

Pursuant to NRS 286.305, a qualifying justice or judge who participates in the public employees’ retirement system (PERS) may withdraw from PERS and receive benefits under NRS 2.060 or 3.090, as applicable. However, NRS 286.305 will be repealed effective January 1, 2003. With respect to justices and judges who are members of PERS, are elected or appointed on or after November 5, 2002, take office on or after January 1, 2003, and have served as a justice or judge before November 5, 2002, the repeal of NRS 286.305 is not problematic because such justices and judges may, pursuant to NRS 1A.280, opt to participate in the judicial retirement plan (JRP) (see NRS 1A.300 et seq.) and, having become members of the JRP, may further opt upon retirement to take the benefit under the JRP or the benefit offered pursuant to NRS 2.060 or 3.090 (see the former provisions of NRS 1A.270). With respect to justices and judges who are members of PERS and who retire after January 1, 2003, without having been reelected on or after November 5, 2002, the repeal of NRS 286.305 is problematic, because such justices and judges are not eligible to opt into the JRP pursuant to NRS 1A.280. For this second group of justices and judges, the loss of a benefit without the addition of a commensurate benefit would violate the holding of the supreme court in Public Employees’ Retirement Bd. v. Washoe County, 96 Nev. 718 (1980). Thus, justices and judges who are members of PERS and who retire after January 1, 2003, without having been reelected on or after November 5, 2002, should be allowed to take the option set forth in NRS 286.305 even after that section is repealed. AGO 2002-30 (8-21-2002)

      NRS 2.060  Pensions. [Effective January 1, 2015, through June 30, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      1.  Any justice of the Supreme Court who has served as a justice or judge of the Court of Appeals or a district court in any one or more of those courts for a period or periods aggregating 22 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his or her life, a sum of money equal in amount to three-fourths the sum received as a salary for his or her judicial services during the last year thereof, payable monthly from the Judicial Retirement Fund established pursuant to NRS 1A.160.

      2.  Any justice of the Supreme Court who has served as a justice or judge of the Court of Appeals or a district court in any one or more of those courts for a period or periods aggregating 5 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his or her life, a sum of money equal in amount to 4.1666 percent of the sum received as a salary for his or her judicial services during the last year thereof, payable monthly from the Judicial Retirement Fund established pursuant to NRS 1A.160.

      3.  Any justice of the Supreme Court who qualifies for a pension under the provisions of subsection 2 is entitled to receive, for each year served beyond 5 years up to a maximum of 22 years, an additional 4.1666 percent of the sum received as a salary for his or her judicial services during the last year thereof, payable as provided in subsection 2.

      4.  Any justice who has retired pursuant to subsection 3 and is thereafter recalled to additional active service in the court system is entitled to receive credit toward accumulating 22 years’ service for the maximum pension based upon the time he or she actually spends in the additional active service.

      5.  Any justice who has the years of service necessary to retire but has not attained the required age may retire at any age with a benefit actuarially reduced to the required retirement age. A benefit under this subsection must be reduced in the same manner as benefits are reduced for persons retired under the Public Employees’ Retirement System.

      6.  Any person receiving a pension pursuant to the provisions of this section is entitled to receive postretirement increases equal to those provided for persons retired under the Public Employees’ Retirement System.

      7.  Any justice who desires to receive the benefits of this section must file with the Executive Officer of the Public Employees’ Retirement Board an affidavit setting forth the fact that the justice is ending his or her service, the date and place of his or her birth, and the years he or she has served in any district court, the Court of Appeals or the Supreme Court.

      8.  Any justice who has retired and is thereafter recalled to additional active service in the court system as a senior justice is entitled to receive a retirement allowance during the period of reemployment in addition to compensation for services.

      9.  The faith of the State of Nevada is hereby pledged that this section shall not be repealed or amended so as to affect any justice who may have ended his or her service pursuant to it.

      [Part 1:118:1937; A 1947, 404; 1949, 412; 1951, 362] + [Part 2:118:1937; 1931 NCL § 4881.02] + [3:118:1937; 1931 NCL § 4881.03] + [Part 4:118:1937; 1931 NCL § 4881.04]—(NRS A 1957, 283; 1960, 397; 1971, 244; 1975, 370; 1979, 1082; 1981, 890; 1983, 839; 1985, 858; 1987, 834; 1993, 1167; 2001, 3110; 2001 Special Session, 88; 2003, 221; 2007, 1971; 2009, 2218, 2219, 2222; 2013, 1727, effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election)

      NRS 2.060  Pensions. [Effective July 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are not approved and ratified by the voters at the 2014 General Election.]

      1.  Any justice of the Supreme Court who has served as a justice or judge of a district court in any one or more of those courts for a period or periods aggregating 22 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his or her life, a sum of money equal in amount to three-fourths the sum received as a salary for his or her judicial services during the last year thereof, payable monthly from the Judicial Retirement Fund established pursuant to NRS 1A.160.

      2.  Any justice of the Supreme Court who has served as a justice or judge of a district court in any one or more of those courts for a period or periods aggregating 5 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his or her life, a sum of money equal in amount to 4.1666 percent of the sum received as a salary for his or her judicial services during the last year thereof, payable monthly from the Judicial Retirement Fund established pursuant to NRS 1A.160.

      3.  Any justice of the Supreme Court who qualifies for a pension under the provisions of subsection 2 is entitled to receive, for each year served beyond 5 years up to a maximum of 22 years, an additional 4.1666 percent of the sum received as a salary for his or her judicial services during the last year thereof, payable as provided in subsection 2.

      4.  Any justice who has retired pursuant to subsection 3 and is thereafter recalled to additional active service in the court system is entitled to receive credit toward accumulating 22 years’ service for the maximum pension based upon the time he or she actually spends in the additional active service.

      5.  Any justice who has the years of service necessary to retire but has not attained the required age may retire at any age with a benefit actuarially reduced to the required retirement age. A benefit under this subsection must be reduced in the same manner as benefits are reduced for persons retired under the Public Employees’ Retirement System.

      6.  Any person receiving a pension pursuant to the provisions of this section is entitled to receive postretirement increases equal to those provided for persons retired under the Public Employees’ Retirement System.

      7.  Any justice who desires to receive the benefits of this section must file with the Executive Officer of the Public Employees’ Retirement Board an affidavit setting forth the fact that the justice is ending his or her service, the date and place of his or her birth, and the years he or she has served in any district court or the Supreme Court.

      8.  The faith of the State of Nevada is hereby pledged that this section shall not be repealed or amended so as to affect any justice who may have ended his or her service pursuant to it.

      [Part 1:118:1937; A 1947, 404; 1949, 412; 1951, 362] + [Part 2:118:1937; 1931 NCL § 4881.02] + [3:118:1937; 1931 NCL § 4881.03] + [Part 4:118:1937; 1931 NCL § 4881.04]—(NRS A 1957, 283; 1960, 397; 1971, 244; 1975, 370; 1979, 1082; 1981, 890; 1983, 839; 1985, 858; 1987, 834; 1993, 1167; 2001, 3110; 2001 Special Session, 88; 2003, 221; 2007, 1971; 2009, 2218, 2219, 2222, effective July 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are not approved and ratified by the voters at the 2014 General Election)

      NRS 2.060  Pensions. [Effective July 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      1.  Any justice of the Supreme Court who has served as a justice or judge of the Court of Appeals or a district court in any one or more of those courts for a period or periods aggregating 22 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his or her life, a sum of money equal in amount to three-fourths the sum received as a salary for his or her judicial services during the last year thereof, payable monthly from the Judicial Retirement Fund established pursuant to NRS 1A.160.

      2.  Any justice of the Supreme Court who has served as a justice or judge of the Court of Appeals or a district court in any one or more of those courts for a period or periods aggregating 5 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his or her life, a sum of money equal in amount to 4.1666 percent of the sum received as a salary for his or her judicial services during the last year thereof, payable monthly from the Judicial Retirement Fund established pursuant to NRS 1A.160.

      3.  Any justice of the Supreme Court who qualifies for a pension under the provisions of subsection 2 is entitled to receive, for each year served beyond 5 years up to a maximum of 22 years, an additional 4.1666 percent of the sum received as a salary for his or her judicial services during the last year thereof, payable as provided in subsection 2.

      4.  Any justice who has retired pursuant to subsection 3 and is thereafter recalled to additional active service in the court system is entitled to receive credit toward accumulating 22 years’ service for the maximum pension based upon the time he or she actually spends in the additional active service.

      5.  Any justice who has the years of service necessary to retire but has not attained the required age may retire at any age with a benefit actuarially reduced to the required retirement age. A benefit under this subsection must be reduced in the same manner as benefits are reduced for persons retired under the Public Employees’ Retirement System.

      6.  Any person receiving a pension pursuant to the provisions of this section is entitled to receive postretirement increases equal to those provided for persons retired under the Public Employees’ Retirement System.

      7.  Any justice who desires to receive the benefits of this section must file with the Executive Officer of the Public Employees’ Retirement Board an affidavit setting forth the fact that the justice is ending his or her service, the date and place of his or her birth, and the years he or she has served in any district court, the Court of Appeals or the Supreme Court.

      8.  The faith of the State of Nevada is hereby pledged that this section shall not be repealed or amended so as to affect any justice who may have ended his or her service pursuant to it.

      [Part 1:118:1937; A 1947, 404; 1949, 412; 1951, 362] + [Part 2:118:1937; 1931 NCL § 4881.02] + [3:118:1937; 1931 NCL § 4881.03] + [Part 4:118:1937; 1931 NCL § 4881.04]—(NRS A 1957, 283; 1960, 397; 1971, 244; 1975, 370; 1979, 1082; 1981, 890; 1983, 839; 1985, 858; 1987, 834; 1993, 1167; 2001, 3110; 2001 Special Session, 88; 2003, 221; 2007, 1971; 2009, 2218, 2219, 2222; 2013, 1727, effective July 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election)

      NRS 2.065  Retirement because of incapacity, disability or advanced age. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      1.  A justice of the Supreme Court who has served as a justice or as a district judge in any one or more courts for a period or periods aggregating 5 years or more and who becomes permanently incapacitated, physically or mentally, to perform the duties of office may retire from office regardless of age.

      2.  Any justice who retires pursuant to the provisions of subsection 1 or who is retired because of advanced age or mental or physical disability pursuant to Section 21 of Article 6 of the Constitution of the State of Nevada is entitled to receive annually from the State of Nevada, as a pension during the remainder of his or her life, the same pension the justice would receive under NRS 2.060 based on his or her years of service, but without regard to his or her age.

      3.  Any justice, or a guardian of a justice on behalf of the justice if the justice is unable to act, who desires to retire voluntarily must give notice in writing to the Governor. The Governor shall appoint three physicians licensed to practice medicine in the State of Nevada to examine the justice and report the results to the Governor in writing. If a majority of the physicians is of the opinion that the justice is permanently incapacitated, physically or mentally, the Governor shall approve the retirement. The justice or a guardian of the justice must file with the Executive Officer of the Public Employees’ Retirement Board an affidavit setting forth the fact of the justice’s retirement and the years he or she has served in either or both of such courts.

      4.  Pensions payable pursuant to this section must be paid in the same manner as pensions are payable under NRS 2.060. Fees and expenses of physicians appointed pursuant to this section must be paid out of funds from the Judicial Retirement Administrative Fund established pursuant to NRS 1A.200.

      5.  The faith of the State of Nevada is hereby pledged that this section will not be repealed or amended so as to affect adversely any justice who may have retired or been retired pursuant to its provisions.

      (Added to NRS by 1985, 1880; A 1993, 1168; 2001 Special Session, 88)

      NRS 2.065  Retirement because of incapacity, disability or advanced age. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      1.  A justice of the Supreme Court who has served as a justice, judge of the Court of Appeals or as a district judge in any one or more courts for a period or periods aggregating 5 years or more and who becomes permanently incapacitated, physically or mentally, to perform the duties of office may retire from office regardless of age.

      2.  Any justice who retires pursuant to the provisions of subsection 1 or who is retired because of advanced age or mental or physical disability pursuant to Section 21 of Article 6 of the Constitution of the State of Nevada is entitled to receive annually from the State of Nevada, as a pension during the remainder of his or her life, the same pension the justice would receive under NRS 2.060 based on his or her years of service, but without regard to his or her age.

      3.  Any justice, or a guardian of a justice on behalf of the justice if the justice is unable to act, who desires to retire voluntarily must give notice in writing to the Governor. The Governor shall appoint three physicians licensed to practice medicine in the State of Nevada to examine the justice and report the results to the Governor in writing. If a majority of the physicians is of the opinion that the justice is permanently incapacitated, physically or mentally, the Governor shall approve the retirement. The justice or a guardian of the justice must file with the Executive Officer of the Public Employees’ Retirement Board an affidavit setting forth the fact of the justice’s retirement and the years he or she has served in either or both of such courts.

      4.  Pensions payable pursuant to this section must be paid in the same manner as pensions are payable under NRS 2.060. Fees and expenses of physicians appointed pursuant to this section must be paid out of funds from the Judicial Retirement Administrative Fund established pursuant to NRS 1A.200.

      5.  The faith of the State of Nevada is hereby pledged that this section will not be repealed or amended so as to affect adversely any justice who may have retired or been retired pursuant to its provisions.

      (Added to NRS by 1985, 1880; A 1993, 1168; 2001 Special Session, 88; 2013 1728, effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election)

      NRS 2.070  Benefits for surviving spouse.

      1.  If a justice of the Supreme Court at the time of his or her death had retired and was then receiving a pension under the provisions of NRS 2.060, or if at the time of his or her death the justice had not retired but had performed sufficient service for retirement under the provisions of NRS 2.060, the surviving spouse, if the spouse has attained the age of 60 years, is entitled, until the spouse’s death or remarriage, to receive monthly payments of $2,500 per month.

      2.  If a surviving spouse of a justice is not eligible to receive benefits pursuant to subsection 1, the spouse is entitled, until the spouse’s death or remarriage or until the spouse becomes eligible to receive those benefits, to receive payments equal in amount to the payment provided in subsection 1 of NRS 286.674 for the spouse of a deceased member of the Public Employees’ Retirement System.

      3.  To obtain these benefits, the surviving spouse must make application to the Executive Officer of the Public Employees’ Retirement Board and furnish such information as may be required pursuant to reasonable regulations adopted for the purpose of carrying out the intent of this section.

      4.  Any person receiving a benefit pursuant to the provisions of this section is entitled to receive postretirement increases equal to those provided for persons retired under the Public Employees’ Retirement System.

      5.  It is the intent of this section that no special fund be created for the purpose of paying these benefits, and all payments made under the provisions of this section are to be made out of and charged to the Judicial Retirement Fund established pursuant to NRS 1A.160.

      [1:94:1951] + [2:94:1951] + [3:94:1951]—(NRS A 1965, 1152; 1975, 283; 1979, 947; 1981, 1205; 1985, 1890; 1987, 797, 1606; 1989, 2021; 1991, 2442; 1995, 1707; 1999, 2949; 2001 Special Session, 89)

      NRS 2.075  Benefits for surviving child.

      1.  Each child of a deceased justice of the Supreme Court is entitled to receive payments equal in amount to the payments provided in NRS 286.673 for the child of a deceased member of the Public Employees’ Retirement System.

      2.  In determining whether a child is a full-time student or financially dependent and physically or mentally incompetent, as provided in NRS 286.673, the Executive Officer of the Public Employees’ Retirement Board shall use any applicable standards and procedures established by the Public Employees’ Retirement Board.

      3.  It is the intent of this section that no special fund be created for the payment of benefits, and all payments made under the provisions of this section are to be made out of and charged to the Judicial Retirement Fund established pursuant to NRS 1A.160.

      (Added to NRS by 1987, 410; A 2001 Special Session, 90)

      NRS 2.079  Benefits for survivor beneficiary and additional payees.

      1.  A justice of the Supreme Court may designate, in writing, a survivor beneficiary and one or more additional payees to receive the payments provided pursuant to this section if the justice is unmarried on the date of his or her death. A designation pursuant to this section must be made on a form approved by the Court Administrator. If the justice has designated one or more payees in addition to the survivor beneficiary, the justice must designate the percentage of the payments that the survivor beneficiary and each additional payee is entitled to receive.

      2.  Except as otherwise provided in this subsection, if a justice of the Supreme Court at the time of his or her death had retired and was then receiving a pension pursuant to the provisions of NRS 2.060, or if at the time of his or her death the justice had not retired but had performed sufficient service for retirement pursuant to the provisions of NRS 2.060, the survivor beneficiary designated pursuant to subsection 1, if the survivor beneficiary has attained the age of 60 years, is entitled, until his or her death, to receive monthly payments of $2,500 per month. If the justice had designated one or more payees in addition to the survivor beneficiary pursuant to subsection 1, the monthly payments paid pursuant to this subsection must be divided between the survivor beneficiary and any additional payee in the proportion designated by the justice pursuant to subsection 1.

      3.  Except as otherwise provided in this subsection, if a survivor beneficiary of a justice is not eligible to receive benefits pursuant to subsection 2, the survivor beneficiary is entitled, until his or her death or until he or she becomes eligible to receive those benefits, to receive payments equal in amount to the payment provided in subsection 1 of NRS 286.67675 for the survivor beneficiary of a deceased member of the Public Employees’ Retirement System. If the justice had designated one or more payees in addition to the survivor beneficiary pursuant to subsection 1, the payments paid pursuant to this subsection must be divided between the survivor beneficiary and any additional payee in the proportion designated by the justice pursuant to subsection 1.

      4.  To obtain the benefits authorized by subsection 3, the survivor beneficiary must make application to the Executive Officer of the Public Employees’ Retirement Board and furnish such information as may be required pursuant to reasonable regulations adopted for the purpose of carrying out the intent of this section.

      5.  Any person receiving a benefit pursuant to the provisions of this section is entitled to receive postretirement increases equal to those provided for persons retired pursuant to the Public Employees’ Retirement System.

      6.  It is the intent of this section that no special fund be created for the purpose of paying these benefits, and all payments made pursuant to the provisions of this section are to be made out of and charged to the Judicial Retirement Fund established pursuant to NRS 1A.160.

      (Added to NRS by 2001, 1292; A 2001 Special Session, 100; 2003, 2074)

      NRS 2.083  Application and administration of provisions concerning pensions, retirement and benefits.  The provisions of NRS 2.060 to 2.083, inclusive:

      1.  Apply only to a justice of the Supreme Court or a surviving spouse or surviving child of a justice of the Supreme Court who served as a justice of the Supreme Court or district judge before November 5, 2002;

      2.  Are administered by the Public Employees’ Retirement Board pursuant to NRS 1A.100; and

      3.  Are part of the Judicial Retirement System established pursuant to NRS 1A.100.

      (Added to NRS by 2001 Special Session, 87)

      NRS 2.090  Jurisdiction to review on appeal.  The Supreme Court has jurisdiction to review upon appeal:

      1.  A judgment in an action or proceeding, commenced in a district court, when the matter in dispute is embraced in the general jurisdiction of the Supreme Court, and to review upon appeal from such judgment any intermediate order or decision involving the merits and necessarily affecting the judgment and, in a criminal action, any order changing or refusing to change the place of trial of the action or proceeding.

      2.  An order granting or refusing a new trial in such cases; an order in a civil action changing or refusing to change the place of trial of the action or proceeding after motion is made therefor in the cases in which that court has appellate jurisdiction; and from an order granting or refusing to grant an injunction or mandamus in the case provided for by law.

      [6:19:1865; B § 915; BH § 2430; C § 2513; RL § 4833; NCL § 8375]—(NRS A 1981, 1706)

      NRS 2.110  Power on appeal.  The Supreme Court may reverse, affirm or modify the judgment or order appealed from as to any or all of the parties, and may, if necessary, order a new trial, and in a criminal action, order the new trial to be had in the proper place. On a direct appeal from an order in a civil action granting a motion to change the place of trial of an action or refusing to change the place of trial, the Court may affirm or reverse the order and order the trial to be had in the proper place. An order in a civil action changing or refusing to change the place of trial must not be appealed from on an appeal from a judgment, but only on direct appeal from the order changing or refusing to change the place of trial. When the judgment or order appealed from is reversed or modified, this Court may make, or direct the inferior court to make, complete restoration of all property and rights lost by the erroneous judgment or order.

      [8:19:1865; A 1913, 274; 1919 RL § 4835; NCL § 8377]—(NRS A 1981, 1706)

      NRS 2.120  Adoption of rules for government of courts and State Bar of Nevada; adoption of rules for civil practice and procedure.

      1.  The Supreme Court may make rules not inconsistent with the Constitution and laws of the State for its own government, the government of the district courts, and the government of the State Bar of Nevada. Such rules shall be published promptly upon adoption and take effect on a date specified by the Supreme Court which in no event shall be less than 30 days after entry of an order adopting such rules.

      2.  The Supreme Court, by rules adopted and published from time to time, shall regulate original and appellate civil practice and procedure, including, without limitation, pleadings, motions, writs, notices and forms of process, in judicial proceedings in all courts of the State, for the purpose of simplifying the same and of promoting the speedy determination of litigation upon its merits. Such rules shall not abridge, enlarge or modify any substantive right and shall not be inconsistent with the Constitution of the State of Nevada. Such rules shall be published promptly upon adoption and take effect on a date specified by the Supreme Court which in no event shall be less than 60 days after entry of an order adopting such rules.

      [Part 8:19:1865; A 1913, 274; 1919 RL § 4835; NCL § 8377] + [1:40:1951] + [2:40:1951]—(NRS A 1963, 384; 1967, 112)

      NRS 2.123  Adoption of rules for renewal of license to practice law: Information relating to state business license and unpaid debt assigned to State Controller for collection. [Effective January 1, 2014.]

      1.  The Supreme Court may adopt rules that:

      (a) Require a person applying for the renewal of a license to practice law to indicate in the application submitted to the State Bar of Nevada whether the applicant has a state business license and, if so, require the applicant to include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      (b) Prohibit the renewal of a license to practice law if:

             (1) The applicant fails to submit the information required by paragraph (a); or

             (2) The State Controller has informed the State Bar of Nevada pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

                   (I) Satisfied the debt;

                   (II) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

                   (III) Demonstrated that the debt is not valid.

      2.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      (Added to NRS by 2013, 2721, effective January 1, 2014)

      NRS 2.125  Adoption of rules for voluntary mediation for homeowners at risk of default and small businesses whose commercial property is in default.  The Supreme Court may adopt rules providing for voluntary mediation with respect to:

      1.  A homeowner who is not in default but is at risk of default.

      2.  A small business whose commercial property is in default. If the Supreme Court adopts such rules, the Supreme Court shall consider:

      (a) The goals and purposes of the mediation process;

      (b) The necessity, efficiency and desirability of allowing mediation for the various types of commercial property; and

      (c) Any other factor that is relevant in determining whether allowing mediation under the circumstances is in the best interests of the residents, businesses and governmental entities in this State.

      (Added to NRS by 2009, 1759; A 2010, 26th Special Session, 73)

      NRS 2.130  Regular sessions; issuance of writs.  The Supreme Court shall:

      1.  Hold such regular sessions during each calendar year as are necessary to dispose of its business.

      2.  Always be open for the issuance of writs.

      [9:19:1865; B § 918; BH § 2433; C § 2516; RL § 4836; NCL § 8378]—(NRS A 1967, 209)

      NRS 2.135  Panels. [Effective until the date on which the voters approve a constitutional amendment establishing an intermediate court of appeals.]

      1.  The Supreme Court may sit, hear and decide cases in panels of three justices. Concurrence of a majority of the justices sitting on a panel is necessary to decide a case. The full Court shall reconsider any case decided by a panel if any two justices so request.

      2.  The full Court may assign to a panel any case over which the Supreme Court has jurisdiction.

      3.  If panels of justices are established, the Supreme Court shall:

      (a) Adopt rules to govern the use of panels for the hearing and decision of cases.

      (b) Designate the places of holding court by panels.

      (Added to NRS by 1997, 1529)

      NRS 2.140  Quorum. [Effective until the date on which the voters approve a constitutional amendment establishing an intermediate court of appeals.]  Four justices constitute a quorum for the transaction of business, excepting such business as may be done at chambers or by panels. The concurrence of four justices who heard the argument is necessary to pronounce a judgment, except in business done at chambers or by panels.

      [10:19:1865; B § 919; BH § 2434; C § 2517; RL § 4837; NCL § 8379]—(NRS A 1967, 836; 1997, 1530)

      NRS 2.140  Quorum; reargument of case. [Effective on the date on which the voters approve a constitutional amendment establishing an intermediate court of appeals.]  Three justices shall constitute a quorum for the transaction of business, excepting such business as may be done at chambers, and the concurrence of three justices who heard the argument shall be necessary to pronounce any judgment, except in chamber business; and if three justices who have heard the argument do not agree, the case shall be reargued.

      [10:19:1865; B § 919; BH § 2434; C § 2517; RL § 4837; NCL § 8379]—(NRS A 1967, 836; 1997, 1530, effective on the date on which the voters approve a constitutional amendment establishing an intermediate court of appeals)

      NRS 2.150  Room and facilities for session.  If a room in which to hold the court, together with attendants, fuel, lights and stationery, suitable and sufficient for the transaction of business, is not provided by the State, the Court may direct the sheriff of any county where the session is held to provide a room, attendants, fuel, lights and stationery, and the expenses must be paid out of the State Treasury.

      [11:19:1865; B § 920; BH § 2435; C § 2518; RL § 4838; NCL § 8380]—(NRS A 1969, 312; 1985, 221)

      NRS 2.160  Assignment of submitted cases; written decisions and opinions.

      1.  Immediately upon a case being submitted to the Supreme Court it shall be assigned to one member of the Court for the preparation of an opinion.

      2.  All opinions and decisions rendered by the Supreme Court shall be in writing, signed by the justices concurring therein, and shall be spread at large on the records of the Court kept for that purpose.

      [4:222:1913; 1919 RL p. 3314; NCL § 8432] + [12:19:1865; B § 921; BH § 2436; C § 2519; RL § 4839; NCL § 8381]

      NRS 2.165  Ruling that provision of Nevada Constitution or Nevada Revised Statutes is unconstitutional: Prevailing party to provide copy of ruling to Attorney General.  If the Supreme Court holds that a provision of the Nevada Constitution or the Nevada Revised Statutes violates a provision of the Nevada Constitution or the United States Constitution, the prevailing party in the proceeding shall provide a copy of the ruling to the Office of the Attorney General

      (Added to NRS by 2013, 819)

      NRS 2.170  Justice not to practice law.  A justice of the Supreme Court shall not act as attorney or counsel in any court except in an action or proceeding to which the justice is a party on the record.

      [Part 46:19:1865; B § 951; BH § 2465; C § 2546; RL § 4866; NCL § 8408]

      NRS 2.180  Absence from State; forfeiture of office.  A justice of the Supreme Court shall not absent himself or herself from this State for more than 90 consecutive days. A violation of the provisions of this section shall work a forfeiture of office.

      [Part 48:19:1865; A 1865, 185; B § 953; BH § 2467; C § 2548; RL § 4868; NCL § 8410]

      NRS 2.185  Appropriation for support or operation of Court must be reduced based on administrative assessments to be allocated to Court; duty of Court.

      1.  Any amount appropriated by the Legislature from the State General Fund for the support or operation of the Supreme Court during a fiscal year must be reduced to the extent that the amount of any administrative assessments distributed to the Office of the Court Administrator for allocation to the Supreme Court pursuant to NRS 176.059 exceeds the amount which is authorized by the Legislature for expenditure from those assessments for that fiscal year.

      2.  The Supreme Court shall reserve for reversion each fiscal year the amount by which an appropriation from the State General Fund must be reduced pursuant to subsection 1, and that amount reverts to the State General Fund upon the close of that fiscal year by the State Controller.

      (Added to NRS by 2001, 2356)

      NRS 2.190  Power to take and certify acknowledgments and affidavits.  The justices of the Supreme Court shall have power in any part of the State to take and certify:

      1.  The acknowledgment of conveyances and the satisfaction of a judgment of any court.

      2.  An affidavit to be used in any court of justice in this state.

      [63:19:1865; B § 968; BH § 2482; C § 2563; RL § 4883; NCL § 8425]

      NRS 2.195  Use of facsimile signature: Conditions and restrictions.

      1.  Each justice of the Supreme Court may use a facsimile signature produced through a mechanical device in place of the justice’s handwritten signature whenever the necessity arises and upon approval of the Supreme Court, subject to the following conditions:

      (a) That the mechanical device must be of such a nature that the facsimile signature may be removed from the mechanical device and kept in a separate secure place.

      (b) That the use of the facsimile signature may be made only under the direction and supervision of the justice whose signature it represents.

      (c) That the entire mechanical device must at all times be kept in a vault, securely locked, when not in use, to prevent any misuse of the device.

      2.  No facsimile signature produced through a mechanical device authorized by the provisions of this section may be combined with the signature of another officer.

      (Added to NRS by 1989, 998)

OFFICERS AND EMPLOYEES

      NRS 2.200  Appointment of Clerk; removal.

      1.  The Supreme Court shall appoint a Clerk of the Supreme Court; but any person elected to the office of Clerk of the Supreme Court before July 1, 1957, shall continue to hold such office until the expiration of the term for which he or she may have been elected.

      2.  The Clerk of the Supreme Court shall hold office and be removable at the pleasure of the Supreme Court.

      [12:108:1866; B § 2610; BH § 1647; C § 1793; RL § 2776; NCL § 4776] + [Part 1:108:1866; B § 2599; BH § 1636; C § 1782; RL § 2765; NCL § 4765] + [Part 9:108:1866; B § 2607; BH § 1644; C § 1790; RL § 2773; NCL § 4773]—(NRS A 1957, 109)

      NRS 2.210  Qualifications of Clerk.  No person shall be eligible to the office of Clerk of the Supreme Court unless the person:

      1.  Shall have attained the age of 21 years at the time of the appointment; and

      2.  Shall be a qualified elector and a citizen resident of this state for 1 year next preceding the appointment.

      [Part 2:108:1866; A 1953, 711; 1955, 459]—(NRS A 1957, 109)

      NRS 2.220  Salary of Clerk.  The Supreme Court shall fix the annual salary of the Clerk of the Supreme Court within the limits of legislative appropriations.

      [Part 8:295:1953; A 1955, 527] + [8:320:1955] + [11:320:1955] + [13:320:1955]—(NRS A 1957, 540; 1963, 539; 1967, 456)

      NRS 2.230  Deputy clerks.  The Clerk of the Supreme Court may, under the hand and seal of the Clerk, appoint deputies in his or her office. A deputy so appointed may, during the absence or inability of the Clerk of the Supreme Court, perform all of the duties of a ministerial nature requisite and pertaining to the office.

      [Part 1:258:1951]—(NRS A 1973, 353; 1985, 1224)

      NRS 2.240  Clerical assistants.  The Clerk of the Supreme Court is authorized to employ persons necessary to carry out the duties of his or her office.

      [2:258:1951]

      NRS 2.250  Fees.

      1.  The Clerk of the Supreme Court may demand and receive for the services of the Clerk rendered in discharging the duties imposed upon him or her by law the following fees:

      (a) Except as otherwise provided in paragraph (d), whenever an appeal is taken to the Supreme Court, or whenever a special proceeding by way of mandamus, certiorari, prohibition, quo warranto, habeas corpus, or otherwise is brought in or to the Supreme Court, the appellant and any cross-appellant or the party bringing a special proceeding shall, at or before the appeal, cross-appeal or petition for a special proceeding has been entered on the docket, pay to the Clerk of the Supreme Court the sum of $200.

      (b) Except as otherwise provided in paragraph (d), a party to an appeal or special proceeding who petitions the Supreme Court for a rehearing shall, at the time of filing such a petition, pay to the Clerk of the Supreme Court the sum of $100.

      (c) Except as otherwise provided in paragraph (d), in addition to the fees required pursuant to paragraphs (a) and (b):

             (1) Whenever an appeal is taken to the Supreme Court, or whenever a special proceeding by way of mandamus, certiorari, prohibition, quo warranto, habeas corpus, or otherwise is brought in or to the Supreme Court, the appellant and any cross-appellant or the party bringing a special proceeding shall, at or before the appeal, cross-appeal or petition for a special proceeding has been entered on the docket, pay to the Clerk of the Supreme Court a court automation fee of $50.

             (2) A party to an appeal or special proceeding who petitions the Supreme Court for a rehearing shall, at the time of filing such a petition, pay to the Clerk of the Supreme Court a court automation fee of $50.

Ê The Clerk of the Supreme Court shall remit the fees collected pursuant to this paragraph to the State Controller for credit to a special account in the State General Fund. The State Controller shall distribute the money received to the Office of Court Administrator to be used for advanced and improved technological purposes in the Supreme Court. The special account is restricted to the use specified, and the balance in the special account must be carried forward at the end of each fiscal year. As used in this paragraph, “technological purposes” means the acquisition or improvement of technology, including, without limitation, acquiring or improving technology for converting and archiving records, purchasing hardware and software, maintaining the technology, training employees in the operation of the technology and contracting for professional services relating to the technology.

      (d) No fees may be charged by the Clerk in:

             (1) Any action brought in or to the Supreme Court wherein the State of Nevada or any county, city or town thereof, or any officer or commission thereof is a party in his, her or its official or representative capacity, against the State of Nevada, county, city, town, officer or commission;

             (2) A habeas corpus proceeding of a criminal or quasi-criminal nature; or

             (3) An appeal taken from, or a special proceeding arising out of, a criminal proceeding.

      (e) A fee of $60 for Supreme Court decisions in pamphlet form for each year, or a fee of $30 for less than a 6 months’ supply of decisions, to be collected from each person who requests such decisions, except those persons and agencies set forth in NRS 2.345. The Clerk may charge a reasonable fee to all parties, including, without limitation, the persons and agencies set forth in NRS 2.345, for access to decisions of the Supreme Court compiled in an electronic format.

      (f) A fee from a person who requests a photostatic copy or a photocopy print of any paper or document in an amount determined by the justices of the Supreme Court.

      2.  The Clerk of the Supreme Court shall not charge any fee that is not authorized by law.

      3.  The Clerk of the Supreme Court shall keep a fee book in which the Clerk shall enter in detail the title of the matter, proceeding or action, and the fees charged therein. The fee book must be open to public inspection in the office of the Clerk.

      4.  The Clerk of the Supreme Court shall publish and post in some conspicuous place in the Clerk’s office a table of fees for public inspection. The Clerk shall forfeit a sum of not less than $20 for each day of his or her omission to do so, which sum with costs may be recovered by any person by filing an action before any justice of the peace of the same county.

      5.  All fees prescribed in this section must be paid in advance, if demanded. If the Clerk of the Supreme Court has not received any or all of the fees which are due to the Clerk for services rendered in any suit or proceeding, the Clerk may have execution therefor in the Clerk’s own name against the party from whom they are due, to be issued from the Supreme Court upon order of a justice thereof or from the Court upon affidavit filed.

      6.  The Clerk of the Supreme Court shall give a receipt on demand of the party paying a fee. The receipt must specify the title of the cause in which the fee is paid and the date and the amount of the payment.

      7.  The Clerk of the Supreme Court shall, when depositing with the State Treasurer money received for Court fees, render to the State Treasurer a brief note of the cases in which the money was received.

      [Part 1:49:1883; BH § 2342; C § 2460; RL § 2005; NCL § 2936] + [2:49:1883; A 1917, 30; 1921, 111; NCL § 2937] + [17:49:1883; BH § 2358; C § 2482; RL § 2019; NCL § 2950] + [18:49:1883; BH § 2359; C § 2483; RL § 2020; NCL § 2951] + [23:49:1883; BH § 2364; C § 2488; RL § 2025; NCL § 2956] + [25:49:1883; BH § 2366; C § 2490; RL § 2027; NCL § 2958] + [Part 31:49:1883; BH § 2372; C § 2496; RL § 2033; NCL § 2964] + [32:49:1883; A 1919, 15; 1953, 46] + [21:49:1883; BH § 2362; C § 2486; RL § 2023; NCL § 2954] + [22:49:1883; BH § 2363; C § 2487; RL § 2024; NCL § 2955]—(NRS A 1971, 827, 2059; 1981, 251; 1983, 469; 1985, 221, 712; 1997, 1210; 1999, 1203; 2003, 2119)

      NRS 2.255  Penalties for violations by Clerk.  If the Clerk of the Supreme Court:

      1.  Violates any of the provisions of subsections 2 and 3 of NRS 2.250, the Clerk shall be fined in an amount not exceeding $1,000.

      2.  Takes greater fees than authorized by law, the Clerk shall, upon conviction, be removed from office and fined in an amount not exceeding $1,000.

      (Added to NRS by 1985, 711; A 1999, 1205)

      NRS 2.260  List of cases submitted to be published monthly by Clerk.  The Clerk of the Supreme Court shall, on or before the 5th day of each calendar month, publish a list of all cases submitted to the Supreme Court, which remain undecided for a period of more than 90 days, together with the date of original submission and the dates of any orders of resubmission. Publication shall be made in a newspaper publishing advertising for the State. It shall not be necessary to publish the full title of each case, but the number of the case and so much of the title as is sufficient to identify the same shall be published.

      [1:222:1913; 1919 RL p. 3313; NCL § 8429]

      NRS 2.270  Destruction of obsolete exhibits by Clerk.  From and after March 5, 1937, and continuing at convenient dates thereafter, the Clerk of the Supreme Court, with the approval of the justices, shall destroy any exhibits which have been in the Clerk’s custody for at least 5 years and which shall have been considered by the justices to be of no further use or value. The Clerk shall destroy the exhibits by such means as the Clerk shall determine to be in conformity with the intent of this section.

      [1:42:1937; 1931 NCL § 8445.10]

      NRS 2.280  Power of Clerk to take and certify acknowledgments and affidavits.  The Clerk of the Supreme Court shall have power in any part of the State to take and certify:

      1.  The acknowledgment of conveyances and the satisfaction of a judgment of any court.

      2.  An affidavit to be used in any court of justice in this state.

      [Part 63:19:1865; B § 968; BH § 2482; C § 2563; RL § 4883; NCL § 8425]

      NRS 2.290  Bailiff.  The Supreme Court, or a majority thereof, is authorized to designate any person appointed and employed pursuant to NRS 2.295 to act as Bailiff of the Supreme Court.

      [1:90:1901; A 1923, 19; NCL § 8438] + [Part 8:295:1953; A 1955, 527]—(NRS A 1967, 137; 1969, 312; 2011, 78)

      NRS 2.295  Employees to provide safety, security and police duties.  The Supreme Court, or a majority thereof, is authorized to appoint and employ one or more persons to provide for the safety and security of the justices and employees of the Supreme Court and to carry out any necessary police duties at the direction of the Chief Justice to maintain safe and reasonable access to justice for residents of Nevada.

      (Added to NRS by 2011, 78)

      NRS 2.300  Other employees.  The Supreme Court, or a majority thereof, is authorized to employ stenographic clerks, law clerks, legal assistants, legal secretaries and other necessary employees within the limits of the appropriation made for the support of the Supreme Court.

      [Part 1:4:1909; RL § 4891; NCL § 8441]—(NRS A 1957, 543; 1960, 74; 1967, 834; 1971, 828)

      NRS 2.310  Official Reporter: Appointment; qualifications.  The Supreme Court may appoint an Official Reporter who must be a certified court reporter and who shall perform such duties as may be required by the Court.

      [Part 1:10:1907; RL § 4889; NCL § 8439]—(NRS A 1973, 1321; 1993, 1409)

NEVADA REPORTS AND ADVANCE SHEETS

      NRS 2.320  Reporters of decisions; duties. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]  The Clerk of the Supreme Court and the Official Reporter are ex officio reporters of decisions. Whenever any case is finally determined by the Supreme Court, the reporters of decisions shall make a synopsis of the opinion and decision of the Supreme Court in the case. A copy of the opinion together with the synopsis must be filed by the reporters of decisions with the State Printer.

      [1:187:1915; A 1941, 94; 1931 NCL § 5212]—(NRS A 1973, 1453; 1985, 455; 1993, 1499; 1997, 8)

      NRS 2.320  Reporters of decisions; duties. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]  The Clerk of the Supreme Court and the Official Reporter are ex officio reporters of decisions. Whenever any case is finally determined by the Supreme Court or the Court of Appeals, the reporters of decisions shall make a synopsis of the opinion and decision of the Supreme Court or the Court of Appeals, as applicable, in the case. A copy of the opinion together with the synopsis must be filed by the reporters of decisions with the State Printer.

      [1:187:1915; A 1941, 94; 1931 NCL § 5212]—(NRS A 1973, 1453; 1985, 455; 1993, 1499; 1997, 8; 2013, 1728, effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election)

      NRS 2.330  Bound volumes.  The reporters of decisions shall have the decisions and synopses, together with an index, table of cases and of statutes and provisions of constitution cited, printed and bound in volumes of the size, as nearly as may be, of the volumes heretofore published.

      [2:187:1915; A 1941, 94; 1953, 13]

      NRS 2.340  Advance sheets: Publication. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      1.  The State Printer shall furnish the reporters of decisions with proof sheets for their verification and correction before publication in permanent form. The State Printer then shall print immediately each complete Supreme Court decision in pamphlet form and shall furnish the Clerk of the Supreme Court with as many pamphlet copies of each decision as the Clerk determines are necessary for distribution to licensed attorneys, or any person mentioned in NRS 2.345, or for his or her use and the use of the justices of the Supreme Court. Each decision must be printed and pamphlet copies returned to the Clerk of the Supreme Court within 14 days, not including the day of delivery, after the decision has been furnished to the State Printer by the Clerk of the Court. For good cause shown, the Chief Justice of the Supreme Court may extend the time within which the decision or decisions may be published.

      2.  At the time of delivering the copy of any decision to the State Printer pursuant to the provisions of NRS 2.320, which must be immediately after the decision is filed, the Clerk of the Supreme Court shall take a receipt for the decision. The receipt must set forth the date of delivery and the title and number of the case.

      [3:187:1915; A 1951, 367]—(NRS A 1961, 54; 1969, 1517; 1971, 2061; 1973, 1453; 1985, 455; 1993, 1499; 1997, 8)

      NRS 2.340  Advance sheets: Publication. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      1.  The State Printer shall furnish the reporters of decisions with proof sheets for their verification and correction before publication in permanent form. The State Printer then shall print immediately each complete Supreme Court decision and Court of Appeals decision in pamphlet form and shall furnish the Clerk of the Supreme Court with as many pamphlet copies of each decision as the Clerk determines are necessary for distribution to licensed attorneys, or any person mentioned in NRS 2.345, or for his or her use and the use of the justices of the Supreme Court and the judges of the Court of Appeals. Each decision must be printed and pamphlet copies returned to the Clerk of the Supreme Court within 14 days, not including the day of delivery, after the decision has been furnished to the State Printer by the Clerk of the Court. For good cause shown, the Chief Justice of the Supreme Court may extend the time within which the decision or decisions may be published.

      2.  At the time of delivering the copy of any decision to the State Printer pursuant to the provisions of NRS 2.320, which must be immediately after the decision is filed, the Clerk of the Supreme Court shall take a receipt for the decision. The receipt must set forth the date of delivery and the title and number of the case.

      [3:187:1915; A 1951, 367]—(NRS A 1961, 54; 1969, 1517; 1971, 2061; 1973, 1453; 1985, 455; 1993, 1499; 1997, 8; 2013, 1729, effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election)

      NRS 2.345  Advance sheets: Distribution without charge.  The following persons and agencies are entitled to the supreme court decisions in pamphlet form without charge:

      1.  Each of the judges of the District Court of the United States, one copy.

      2.  The Supreme Court Law Library, two copies.

      3.  Each state officer, district judge, district attorney, county clerk, justice of the peace and municipal judge in this State, one copy.

      4.  Each public library in this State, one copy.

      5.  Each library in the Nevada System of Higher Education, one copy.

      6.  Each newspaper published in this State, and each commercial television and radio station transmitting in this State, one copy upon its annual request therefor.

      (Added to NRS by 1971, 2059; A 1973, 424; 1977, 484; 1979, 22; 1983, 901; 1993, 360)

      NRS 2.350  Title of bound volumes.  The title of each of the bound volumes shall be Nevada Reports, which title, together with the name of the Clerk of the Supreme Court and the number of the volume, shall be printed on the back of each book.

      [4:187:1915; 1919 RL p. 3315; NCL § 5215]

      NRS 2.360  Justices to supervise and direct preparation of material.  The work of the reporters of decisions in preparing the material for the Nevada Reports shall be under the direction and supervision of the justices of the Supreme Court.

      [5:187:1915; 1919 RL p. 3315; NCL § 5216]

      NRS 2.370  Duties of stenographic clerks and Clerk of the Court. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      1.  The stenographic clerks of the Supreme Court shall, without additional compensation, assist the reporters of decisions in the preparation of the material for the Nevada Reports.

      2.  Immediately after the filing of any decision by the Supreme Court, the Clerk of the Supreme Court shall mail a copy of such decision to counsel upon each side of the case, which copy shall bear the certificate of such Clerk to be a full, true and correct copy of such decision.

      [6:187:1915; 1919 RL p. 3315; NCL § 5217]—(NRS A 1960, 152)

      NRS 2.370  Duties of stenographic clerks and Clerk of the Court. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      1.  The stenographic clerks of the Supreme Court shall, without additional compensation, assist the reporters of decisions in the preparation of the material for the Nevada Reports.

      2.  Immediately after the filing of any decision by the Supreme Court or the Court of Appeals, the Clerk of the Supreme Court shall mail a copy of such decision to counsel upon each side of the case, which copy shall bear the certificate of such Clerk to be a full, true and correct copy of such decision.

      [6:187:1915; 1919 RL p. 3315; NCL § 5217]—(NRS A 1960, 152; 2013, 1729, effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election)

      NRS 2.380  Printing of Nevada Reports.  The State Printer shall cause to be printed upon good paper and in a workmanlike manner, bound in buckram and delivered to the Legislative Counsel Bureau a number of copies of each volume of decisions published after February 16, 1967, not less than 750 and sufficient in the opinion of the Director of the Legislative Counsel Bureau to meet the requirements for free distribution pursuant to NRS 345.020 and for sale.

      [8:187:1915; A 1931, 314; 1949, 586; 1943 NCL § 5219]—(NRS A 1967, 86; 1969, 1518; 1973, 1408, 1453; 1985, 456; 1993, 1499; 1997, 9)

      NRS 2.400  Money for printing Nevada Reports and advance sheets.  Funds for printing the Nevada Reports and the pamphlet decisions shall be provided by legislative appropriation from the General Fund as a budgeted part of the appropriation for the support of the Supreme Court, and shall be paid out on claims as other claims against the State are paid.

      [Part 3:187:1915; A 1951, 367]

LAW LIBRARY

      NRS 2.410  Supervision and control; regulations governing operation.  The Supreme Court Law Library shall be under the supervision and control of the Supreme Court, which may make and enforce such rules and regulations as may be necessary for the government, use and services of the Library. Such rules or regulations shall assure that the Library is accessible for public use and to users in all parts of the State.

      (Added to NRS by 1973, 422; A 2001, 3111; 2007, 1972)

      NRS 2.420  Hours of use by public.  The justices of the Supreme Court may designate the hours that the Supreme Court Law Library shall be open for the use of the public.

      (Added to NRS by 1973, 423)

      NRS 2.430  Librarian and other personnel: Appointment; unclassified service; leaves of absence.

      1.  The Supreme Court may appoint a Librarian, who shall serve at the pleasure of the Supreme Court.

      2.  The Supreme Court Law Librarian, with the approval of the Supreme Court, may employ such personnel as the execution of the Librarian’s duties and the maintenance and operation of the Library may require.

      3.  All of the personnel of the Supreme Court Law Library are exempt from the provisions of chapter 284 of NRS, and are entitled to such leaves of absence as the Supreme Court prescribes.

      (Added to NRS by 1973, 422)

      NRS 2.440  Qualifications of Librarian.  The Supreme Court Law Librarian shall:

      1.  Be a graduate of a library school accredited by the American Library Association;

      2.  Have at least 2 years of library experience in an administrative capacity; and

      3.  Have at least 1 year of training in a law school or 2 years of experience as an employee in a law library.

      (Added to NRS by 1973, 423)

      NRS 2.450  Biennial report.  The Supreme Court Law Librarian shall submit a biennial report to the justices of the Supreme Court concerning the condition, operation and functioning of the Law Library.

      (Added to NRS by 1973, 423)

      NRS 2.460  Purchase and exchange of publications authorized.  The Supreme Court Law Librarian may purchase and exchange the Nevada Reports, Nevada Revised Statutes and supplements or any other compilation or code of Nevada laws, or any other book or periodical with other law libraries in the United States in return for their legal compilations, books or periodicals when, in the judgment of the Supreme Court Law Librarian, such exchange is in the best interests of the Supreme Court Law Library.

      (Added to NRS by 1973, 423)

      NRS 2.470  Charges for services; disposition of receipts.

      1.  The Supreme Court Law Librarian may collect a charge from any person who requests any photostatic copy or photocopy print of any paper or document from the Supreme Court Law Library or who uses any computerized service for legal research to which the Law Library subscribes. The amount of the charge must be set by the Supreme Court Law Librarian but must not exceed the cost of the photographic copying process for any specific paper or document or the cost to the Law Library for that service.

      2.  The money collected from the fees must be deposited in the State Treasurer’s office and credited to the Account of the Supreme Court Law Library. The receipts may be expended by the Supreme Court Law Library pursuant to the provisions of law authorizing budgeted expenditures of money not appropriated from the State General Fund by various state officers, departments, boards, agencies, commissions and institutions for specific fiscal years.

      (Added to NRS by 1973, 423; A 1987, 505)

      NRS 2.480  Money for operation and maintenance; use of Law Library’s Account.

      1.  Funds for operation and maintenance of the Supreme Court Law Library must be provided by legislative appropriation from the General Fund in the State Treasury as a budgeted part of the appropriation for the support of the Supreme Court, and must be paid out on claims as other claims against the State are paid.

      2.  All unappropriated funds received by the Supreme Court Law Library shall be deposited in the Supreme Court Law Library’s Account and must be used for law library purposes.

      (Added to NRS by 1973, 423; A 1981, 252)

      NRS 2.490  Gifts: Deposit in Law Library Gift Account; use.  All gifts of money which the Supreme Court Librarian is authorized to accept must be deposited in the Supreme Court Law Library Gift Account, which is hereby created in the State General Fund. The Account is a continuing account without reversion, and money in the Account must be used for Supreme Court Law Library purposes only and expended in accordance with the terms of the gift.

      (Added to NRS by 1973, 423; A 1979, 611; 2011, 440)