Ballot Measures

Ballot Question No. 1: Create a Court of Appeals

November 4, 2014 Nevada General Election
Description:

Shall the Nevada Constitution be amended to create a Court of Appeals that would decide appeals of District Court decisions in certain civil and criminal cases?

___Yes

___No

This ballot measure proposes to amend the Nevada Constitution to create a Court of Appeals consisting of three judges. The Nevada Supreme Court would establish the types of District Court decisions to be heard by the Court of Appeals and also determine when a Court of Appeals decision may be reviewed by the Nevada Supreme Court.

A “Yes” vote would create a Court of Appeals within the existing court system.

A “No” vote would retain the existing court system.

Article 6 of the Nevada Constitution establishes the court system of the State of Nevada, which currently consists of the Nevada Supreme Court, District Courts, Justices of the Peace, and Municipal Courts. The Nevada Supreme Court is the only appellate court in Nevada that hears and decides all appeals from final judgments entered by Nevada’s District Courts. This ballot measure would create a Court of Appeals to decide some of the appeals currently decided by the Supreme Court. The Supreme Court would establish the types of District Court decisions to be heard by the Court of Appeals and also determine when a Court of Appeals decision may be reviewed by the Supreme Court. This ballot measure would create, generate, or increase public revenue because existing law would require candidates for judgeships on the Court of Appeals to pay fees to run for judicial office. It also would create, generate, or increase public revenue because, if a party appeals a decision of the Court of Appeals to the Nevada Supreme Court, the Nevada Constitution would require the party to pay a fee for filing the appeal.

The Court of Appeals would consist of three judges, but this ballot measure would authorize the Legislature to increase the number of judges. The Governor would appoint the initial three judges from nominees provided by the Commission on Judicial Selection. The initial three judges would be appointed to two-year terms. Thereafter, Court of Appeals judges would be elected to six-year terms at the general election. Additionally, the Supreme Court would assign, as needed, one or more Court of Appeals judges to serve part-time as supplemental District Court judges.

If this ballot measure is approved by the voters, Senate Bill No. 463 of the 2013 Legislative Session would carry out the constitutional provisions creating the Court of Appeals.

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