SB384 - Revises provisions relating to deputy marshals in certain courts. (BDR 1-943)

S.B. 384 - *SB384* SENATE BILL NO. 384–SENATOR OHRENSCHALL MARCH 17, 2025 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to deputy marshals in certain courts. (BDR 1-943) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: No. CONTAINS UNFUNDED MANDATE (§§ 1, 2) (NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT) ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to courts; revising provisions relating to deputy marshals in certain courts; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Based on the constitutional separation of powers, the judiciary has inherent 1 authority to manage and control its employees, including their selection, 2 appointment, promotion, discipline and termination, and if the other branches of 3 government take any legislative or executive actions that directly interfere with the 4 judiciary’s personnel decisions, such interference violates the separation of powers 5 doctrine because it unconstitutionally infringes on the judiciary’s inherent authority 6 to manage and control its employees. (City of Sparks v. Sparks Mun. Court, 129 7 Nev. 348, 362-66 (2013)) 8 Under existing law, in each county whose population is 700,000 or more 9 (currently Clark County), the judge of each district court and the justice of the 10 peace of each justice court may appoint a deputy marshal for the court instead of a 11 bailiff, and the deputy marshal serves at the pleasure of the judicial officer making 12 the appointment. (NRS 3.310, 4.353; State ex rel. Vogel v. Grierson, No. 62225, 13 2014 WL 1226461 (Nev. Mar. 21, 2014) (explaining that deputy marshals “are 14 more like employees than public officers because each ‘deputy marshal serves at 15 the pleasure of the judge he or she serves.’ ”)) As a general rule, when a person 16 serves at the pleasure of the appointing authority, the person is considered to be an 17 at-will employee, and the appointing authority has the right to discharge the person 18 for any reason, with or without cause, so long as the reason does not violate public 19 policy. (Nigro v. Nev. State Bd. of Cosmetology, 103 Nev. 496, 497-98 (1987); 20 Wayment v. Holmes, 112 Nev. 232, 235-36 (1996); Dillard Dep’t Stores, Inc. v. 21 Beckwith, 115 Nev. 372, 376 (1999)) 22 This bill revises existing law relating to deputy marshals in each county whose 23 population is 700,000 or more (currently Clark County). First, this bill provides that 24 – 2 – - *SB384* the judge of each district court and the justice of the peace of each justice court 25 shall appoint for the court a deputy marshal instead of a bailiff. However, this bill 26 also provides that before such a judicial officer appoints a deputy marshal, the 27 judicial officer must first consider whether there are any qualified and available 28 county employees to serve in the position. Further, this bill provides that after the 29 judicial officer appoints a deputy marshal, regardless of whether the person is a 30 county employee when appointed, the deputy marshal shall be deemed to be a 31 county employee, except that during his or her judicial service: (1) the deputy 32 marshal serves at the pleasure of the judicial officer making the appointment; and 33 (2) the rules and policies that apply to other county employees do not apply to the 34 deputy marshal, unless otherwise provided by the judicial officer. 35 Finally, this bill provides that if the judicial officer ends the service of the 36 deputy marshal in the court of that judicial officer for any reason that does not 37 violate any applicable federal or state law or public policy governing such service, 38 the deputy marshal has no right to serve in that court. However, the deputy marshal 39 remains a county employee and his or her continued employment is subject to the 40 rules and policies that apply to other county employees, including, without 41 limitation, the rules and policies that govern reassignment, transfer, discharge, 42 demotion or discipline. 43 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 3.310 is hereby amended to read as follows: 1 3.310 1. Except as otherwise provided in [this] subsection [,] 2 2, the judge of each district court may appoint a bailiff for the court 3 in counties polling 4,500 or more votes. In counties polling less than 4 4,500 votes, the judge may appoint a bailiff with the concurrence of 5 the sheriff. In each case, the bailiff serves at the pleasure of the 6 judge whom the bailiff serves. 7 2. Subject to the provisions of subsections [2, 4] 3, 5 and [10,] 8 11, in a county whose population is 700,000 or more [, the] : 9 (a) The judge of each district court [may] shall appoint [a 10 deputy marshal] for the court a deputy marshal instead of a bailiff. 11 [In each case, the bailiff or] 12 (b) Before the judge appoints a deputy marshal, the judge shall 13 first consider whether there are any qualified and available county 14 employees to serve in the position. After the judge appoints a 15 deputy marshal, regardless of whether the person is a county 16 employee when appointed, the deputy marshal shall be deemed to 17 be a county employee, except that: 18 (1) The deputy marshal serves at the pleasure of the judge 19 [he or she] whom the deputy marshal serves [. 20 2.] ; and 21 (2) The rules and policies that apply to other county 22 employees do not apply to the deputy marshal during his or her 23 service, unless otherwise provided by the judge. 24 – 3 – - *SB384* (c) If the judge ends the service of the deputy marshal in the 1 district court of that judge for any reason that does not violate any 2 applicable federal or state law or public policy governing such 3 service, the deputy marshal has no right to serve in that district 4 court, but the deputy marshal remains a county employee and his 5 or her continued employment is subject to the rules and policies 6 that apply to other county employees, including, without 7 limitation, the rules and policies that govern reassignment, 8 transfer, discharge, demotion or discipline. 9 3. In all judicial districts where there is more than one judge, 10 there may be a number of bailiffs or deputy marshals at least equal 11 to the number of judges, and in any judicial district where a circuit 12 judge has presided for more than 50 percent of the regular judicial 13 days of the prior calendar year, there may be one additional bailiff 14 or deputy marshal, each bailiff or deputy marshal to be appointed by 15 the joint action of the judges [.] , subject to the provisions of 16 subsection 2 in a county whose population is 700,000 or more. If 17 the judges cannot agree upon the appointment of any bailiff or 18 deputy marshal within 30 days after a vacancy occurs in the [office] 19 position of bailiff or deputy marshal, then the appointment must be 20 made by a majority of the board of county commissioners. 21 [3.] 4. Each bailiff or deputy marshal shall: 22 (a) Preserve order in the court. 23 (b) Attend upon the jury. 24 (c) Open and close court. 25 (d) Perform such other duties as may be required of him or her 26 by the judge of the court. 27 [4.] 5. The bailiff or deputy marshal must be a qualified 28 elector of the county and shall give a bond, to be approved by the 29 district judge, in the sum of $2,000, conditioned for the faithful 30 performance of his or her duty. 31 [5.] 6. The compensation of each bailiff or deputy marshal for 32 his or her services must be fixed by the board of county 33 commissioners of the county and his or her salary paid by the 34 county wherein he or she is appointed, the same as the salaries of 35 other county officers or employees are paid. 36 [6.] 7. The board of county commissioners of the respective 37 counties shall allow the salary stated in subsection [5] 6 as other 38 salaries are allowed to county officers [,] or employees, and the 39 county auditor shall draw his or her warrant for it, and the county 40 treasurer shall pay it. 41 [7.] 8. The provisions of this section do not: 42 (a) Authorize the bailiff or deputy marshal to serve any civil or 43 criminal process, except such orders of the court which are specially 44 – 4 – - *SB384* directed by the court or the presiding judge thereof to him or her for 1 service. 2 (b) Except in a county whose population is 700,000 or more, 3 relieve the sheriff of any duty required of him or her by law to 4 maintain order in the courtroom. 5 [8. If a] 6 9. The deputy marshal [is] appointed for a court pursuant to 7 subsection [1,] 2 must attend each session of the court . [must be 8 attended by the deputy marshal. 9 9.] 10. For good cause shown, a deputy marshal appointed for 10 a court pursuant to subsection [1] 2 may be assigned temporarily to 11 assist other judicial departments or assist with court administration 12 as needed. 13 [10.] 11. A person appointed to be a deputy marshal for a 14 court pursuant to subsection [1] 2 must be certified by the Peace 15 Officers’ Standards and Training Commission as a category I peace 16 officer not later than 18 months after appointment. 17 Sec. 2. NRS 4.353 is hereby amended to read as follows: 18 4.353 1. Subject to the provisions of subsections 2, 4 and 10, 19 in a county whose population is 700,000 or more [, the] : 20 (a) The justice of the peace for each justice court [may] shall 21 appoint [a deputy marshal] for the court a deputy marshal instead of 22 a bailiff. 23 (b) Before the justice of the peace appoints a deputy marshal, 24 the justice of the peace shall first consider whether there are any 25 qualified and available county employees to serve in the position. 26 After the justice of the peace appoints a deputy marshal, 27 regardless of whether the person is a county employee when 28 appointed, the deputy marshal shall be deemed to be a county 29 employee, except that: 30 (1) The deputy marshal serves at the pleasure of the justice of 31 the peace [that] whom the deputy marshal serves [.] ; and 32 (2) The rules and policies that apply to other county 33 employees do not apply to the deputy marshal during his or her 34 service, unless otherwise provided by the justice of the peace. 35 (c) If the justice of the peace ends the service of the deputy 36 marshal in the justice court of that justice of the peace for any 37 reason that does not violate any applicable federal or state law or 38 public policy governing such service, the deputy marshal has no 39 right to serve in that justice court, but the deputy marshal remains 40 a county employee and his or her continued employment is subject 41 to the rules and policies that apply to other county employees, 42 including, without limitation, the rules and policies that govern 43 reassignment, transfer, discharge, demotion or discipline. 44 – 5 – - *SB384* 2. In all townships where there is more than one justice of the 1 peace, there may be a number of deputy marshals at least equal to 2 the number of justices of the peace. If the justices of the peace 3 cannot agree upon the appointment of any deputy marshal within 30 4 days after a vacancy occurs in the [office] position of deputy 5 marshal, the appointment must be made by a majority of the board 6 of county commissioners. 7 3. Each deputy marshal shall: 8 (a) Preserve order in the court. 9 (b) Open and close court. 10 (c) Perform other such duties as may be required of the deputy 11 marshal by the justice of the peace of the court. 12 4. The deputy marshal must be a qualified elector of the county 13 and shall give bond, to be approved by the justice of the peace, in 14 the sum of $2,000, conditioned for the faithful performance of his or 15 her duty. 16 5. The compensation of each deputy marshal for his or her 17 services must be fixed by the board of county commissioners of the 18 county and the deputy marshal’s salary paid by the county wherein 19 he or she is appointed, the same as the salaries of other county 20 officers or employees are paid. 21 6. The board of county commissioners of the respective 22 counties shall allow the salary stated in subsection 5 as other salaries 23 are allowed to county officers [,] or employees, and the county 24 auditor shall draw his or her warrant for it, and the county treasurer 25 shall pay it. 26 7. The provisions of this section do not authorize the deputy 27 marshal to serve any civil or criminal process, except such orders of 28 the court which are specially directed by the court or the presiding 29 justice of the peace thereof to the deputy marshal for service. 30 8. [If a] The deputy marshal [is] appointed for a court pursuant 31 to subsection 1 [,] must attend each session of the court . [must be 32 attended by the deputy marshal.] 33 9. For good cause shown, a deputy marshal appointed for a 34 court pursuant to subsection 1 may be assigned temporarily to assist 35 other justice courts or assist with court administration as needed. 36 10. A person appointed to be a deputy marshal pursuant to 37 subsection 1 must be certified by the Peace Officers’ Standards and 38 Training Commission as a category I peace officer not later than 18 39 months after appointment. 40 Sec. 3. The provisions of NRS 354.599 do not apply to any 41 additional expenses of a local government that are related to the 42 provisions of this act. 43 Sec. 4. This act does not apply to any employment action 44 taken before the effective date of this act. 45 – 6 – - *SB384* Sec. 5. This act becomes effective upon passage and approval. 1 H