Eighth Judicial Court Rules

Rule 1.31 – Presiding judge—family/civil/criminal divisions.

Rule 1.31 – Presiding judge—family/civil/criminal divisions.

  • (a) The chief judge shall appoint a presiding judge over the family division of the district court.

    (b) The presiding judge is responsible for the following judicial duties:

    (1) The presiding judge’s own caseload comprised of one-half of a regular department caseload or the juvenile judge position normal caseload, and any overflow domestic calendar;

    (2) Guardianship Calendars:

    (i) To hear, or arrange for hearing by another family division judge, all guardianship matters, including all contested guardianship matters and objections to a commissioner’s findings;

    (ii) Meet with and supervise the guardianship commissioner in the performance of his or her duties under Rule 5.91 et seq.

    (3) Protective Order Calendars:

    (i) Hear all matters involving temporary and extended protective orders against domestic violence under NRS 33.017, including all contested matters and objections to a commissioner’s findings, unless the matter has been assigned to a specific family division judge;

    (ii) Meet with and supervise the domestic violence commissioner in the performance of his or her duties under Rule 5.22.

    (iii) Review and approve or disapprove of the recommendation of the domestic violence commissioner with respect to disposition of all initial TPO petitions unless the matter has been assigned to a specific family division judge.

    (4) Mental Commitment Calendars:

    (i) To refer all mental commitment hearings to a mental commitment hearing master, hear, or arrange for such hearing by another family division judge, whether contested or an objection to a recommendation;

    (ii) Meet with and supervise Mental Commitment Hearing Master in the performance of his or her duties under Rule 1.44.

    (5) Child Support Calendars:

    (i) To refer all child support cases to hearing masters, direct the appointment of said masters with the approval of the family division judges, hear all objections to the master’s findings, unless another family division judge has been assigned to the matter, and direct the enforcement thereof as may be appropriate.

    (ii) Meet with and supervise the activities of the child support hearing masters in the performance of their duties under Rule 1.40.

    (iii) Review and sign off on recommendations of the child support masters with respect to disposition of all child support petitions unless the matter has been assigned to a specific family division judge.

    (6) Public Welfare Paternity Calendars:

    (i) To refer all public welfare paternity cases to hearing masters, direct the appointment of such masters with the approval of the family division judges, hear all objections to the master’s findings, and direct the enforcement thereof as may be appropriate.

    (ii) Meet with and supervise the activities of the hearing masters in the performance of their duties under Rule 1.42.

    (7) Hear all cases regarding abuse and neglect under Chapter 432B of the Nevada Revised Statutes if the juvenile judge has a conflict preventing his or her involvement unless the presiding judge is the juvenile judge which will cause the matter to be randomly assigned to another family division judge.

    (8) Hear all cases regarding delinquency under Chapter 62 of the Nevada Revised Statutes if the juvenile judge has a conflict preventing his or her involvement unless the presiding judge is the juvenile judge in which event the case will be randomly assigned to another family division judge.

    (9) Meet with and supervise the activities of the discovery commissioner in the performance of his or her duties under Rule 2.34.

    (10) Hear all out-of-state consents to terminate parental rights in contemplation of an adoption.

    (11) Hear all motions to disqualify a family division judge when so directed by the chief judge.

    (12) Review and approve or deny all initial requests to proceed in forma pauperis waiving the fees for the family litigant.

    (13) Hear or reassign emergency matters, including but not limited to orders shortening time, prove-ups, etc., when a judge is absent or otherwise unavailable.

    (14) Determine the necessity of canceling a motion calendar where no courtroom is available to a hearing master or commissioner, reassign vacant courtrooms (i.e. courtrooms having no calendar at a given period of time) where to do so will eliminate the need to cancel a calendar.

    (15) Supervise compliance with Supreme Court Rule 251.

    (16) Coordinate with and work with the chief judge of the district court.

    (17) Attend and preside over every family division judges’ monthly meeting and any special meetings.

    (18) Attend every general district judges meeting.

    (19) Attend every Bench/Bar Executive Committee meeting.

    (20) Attend special meetings called by the chief judge; assist with any project assigned to the family division by the chief judge.

    (21) Direct the family division administrator in the management of the division and the performance of the administrator’s duties including, but not limited to, the collection and compilation of statistics on the caseload and other procedures adopted by a majority vote of the family division judges to promote the objectives of the family division of the district court; meet with the family division administrator as needed.

    (22) Meet with the district court administrator, the head of the Department of Family and Youth Services, the clerk’s office supervisors, and family division department heads.

    (23) Serve on the Department of Family and Youth Services Policy/Fiscal Affairs Board.

    (24) Coordinate with the family division court clerk and the office of the court clerk for the family division to insure quality and continuity of services necessary to the operation of the court.

    (25) Meet with employees to discuss problems and/or suggestions for improvement to the family division procedures.

    (26) Complete any assignment received from the chief judge of the Eighth Judicial District or Nevada Supreme Court to assist in the smooth and efficient work of the district court on behalf of the public.

     

    Civil Presiding Judge

          (a) The chief judge shall appoint a civil presiding judge to manage the civil/criminal division of the district court.

          (b) The civil presiding judge is responsible for the following judicial duties:

                 (1) The presiding judge’s own caseload;

                 (2) Meet with and supervise the discovery commissioner in the performance of his or her duties under Rule 2.34;

                 (3) Meet with and supervise the arbitration commissioner in the performance of his or her duties;

                 (4) Hear all motions to disqualify a civil/criminal division judge when so directed by the chief judge;

                 (5) Assign or reassign all civil cases pending in the civil/criminal division of the district court;

                 (6) Assign or reassign courtrooms in the civil/criminal division;

                 (7) Attend and preside over every civil division judges monthly meeting;

                 (8) Attend every general district judges meeting;

                 (9) Attend every bench/bar and executive committee meeting; and

                 (10) Complete assignments received from the chief judge of the Eighth Judicial District or Nevada Supreme Court to assist in the smooth and efficient work of the district court on behalf of the public.

    Criminal Presiding Judge

          (a) The chief judge shall appoint a criminal presiding judge to manage the civil/criminal division of the district court.

          (b) The criminal presiding judge is responsible for the following judicial duties:

                 (1) The presiding judge’s own caseload;

                 (2) Meet with and supervise the arraignment master in the performance of his or her duties;

                 (3) Hear all motions to disqualify a civil/criminal division judge when so directed by the chief judge;

                 (4) Assign or reassign all criminal cases pending in the civil/criminal division of the district court;

                 (5) Assign or reassign courtrooms in the civil/criminal division;

                 (6) Attend and preside over every criminal division judges monthly meeting;

                 (7) Attend every general district judges meeting;

                 (8) Attend every bench/bar and executive committee meeting; and

                 (9) Complete assignments received from the chief judge of the Eighth Judicial District or Nevada Supreme Court to assist in the smooth and efficient work of the district court on behalf of the public.

          [Amended; effective July 29, 2011.]