SB450 - Revises provisions relating to bailiffs and deputy marshals in certain courts. (BDR 1-1019)

S.B. 450 - *SB450* SENATE BILL NO. 450–COMMITTEE ON GOVERNMENT AFFAIRS MARCH 24, 2025 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to bailiffs and deputy marshals in certain courts. (BDR 1-1019) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: No. ~ 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 bailiffs and deputy marshals in certain courts; and providing other matters properly relating thereto. Legislative Counsel’s Digest: The Nevada Constitution establishes a State Government consisting of the 1 Legislative, Executive and Judicial Departments. (Nev. Const. Art. 4, 5, 6) 2 However, the Nevada Constitution does not similarly establish local governments 3 and instead requires the Legislative Department to establish counties and townships 4 and provide by law for cities and towns. (Nev. Const. Art. 4, § 25, Art. 8, § 8) 5 Accordingly, although the Nevada Constitution contemplated the necessity of such 6 local governments, it left the creation and regulation of such bodies to the 7 Legislative Department. 8 The framers of the Nevada Constitution created a system of checks and 9 balances such that “the powers of the Government of the State of Nevada shall be 10 divided into three separate departments, the Legislative, the Executive and the 11 Judicial; and no persons charged with the exercise of powers properly belonging to 12 one of these departments shall exercise any functions, appertaining to either of the 13 others, except in the cases expressly directed or permitted in this constitution.” 14 (Nev. Const. Art. 3, §1) Based on the constitutional separation of powers, the 15 judiciary has inherent authority to manage and control its employees, including 16 their selection, appointment, promotion, discipline and termination, and if the other 17 branches of government take any legislative or executive actions that directly 18 interfere with the judiciary’s personnel decisions, such interference violates the 19 separation of powers doctrine because it unconstitutionally infringes on the 20 judiciary’s inherent authority to manage and control its employees. (City of Sparks 21 v. Sparks Mun. Court, 129 Nev. 348, 362-66 (2013)) 22 However, the Nevada Supreme Court recently ruled that “local government 23 employees are distinguishable from employees of a state government department 24 for separation-of-powers purposes, and local executive department employees are 25 not within the state executive department.” (Nevada Policy Research Institute, Inc. 26 v. Miller, 140 Nev. Adv. Op. 69, 558 P.3d 319, 329 (2024) (holding among other 27 – 2 – - *SB450* things that the separation of powers doctrine did not bar certain county employees 28 whose duties were executive in nature from simultaneously serving in the 29 Legislative Department) To reach that conclusion, the Nevada Supreme Court 30 considered the separation of powers provision of the California Constitution, upon 31 which Nevada relied in drafting its own nearly identical constitutional provision. 32 (Id. (citing County of Mariposa v. Merced Irrigation Dist., 32 Cal.2d 467, 196 P.2d 33 920, 926 (1948)) (“It is settled that the separation of powers provision of the 34 [California] constitution, art. 3, § 1, does not apply to local governments as 35 distinguished from departments of the state government.”) The Nevada Supreme 36 Court adopted the position of the California Supreme Court on this issue, citing that 37 “[t]he court distinguished these state governmental powers from those established 38 for local governments subsequently created by legislative enactment and held that 39 the separation of powers governing the state did not apply to local governments.” 40 (Miller citing People ex rel. Att’y Gen. v. Provines, 34 Cal 520, 533-34) (1864)) 41 Finally, the Nevada Supreme Court turned to other state high courts that have ruled 42 similarly. (Miller citing Tendler v. Thompson, 352 S.E.2d 388, 388 (Ga. 1987) 43 (“The doctrine of separation of powers applies only to the state and not to 44 municipalities or to county governments.”) 45 Under existing law, in each county whose population is 700,000 or more 46 (currently only Clark County), the judge of each district court and the justice of the 47 peace of each justice court, or the board of county commissioners under certain 48 circumstances, may appoint a deputy marshal for the court instead of a bailiff, and 49 the deputy marshal serves at the pleasure of the judge or justice making the 50 appointment. (NRS 3.310, 4.353; State ex rel. Vogel v. Grierson, No. 62225 (Nev. 51 Mar. 21, 2014) (explaining that deputy marshals “are more like employees than 52 public officers because each ‘deputy marshal serves at the pleasure of the judge he 53 or she serves.’ ”) Although existing law provides that deputy marshals serve at the 54 pleasure of the judicial officer, deputy marshals are peace officers who are 55 authorized to perform various duties that are executive in nature. (NRS 3.310, 56 4.353, 617.135) 57 This bill revises existing law relating to bailiffs and deputy marshals under 58 certain circumstances. Specifically, this bill: (1) provides that bailiffs and deputy 59 marshals in a county whose population is 700,000 or more are local government 60 employees of the county; (2) establishes provisions governing the assignment of 61 such bailiffs and deputy marshals for the court, in lieu of such persons being 62 appointed by the judge or justice of the peace; (3) removes the requirement for 63 deputy marshals to comply with any duties prescribed by the judicial officer; (4) 64 authorizes a bailiff or deputy marshal to provide service of process; and (5) 65 removes the requirement for bailiffs and deputy marshals to give a bond. 66 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 and subsection 2, the judge of each district court may appoint a 3 bailiff for the court in counties polling 4,500 or more votes. In 4 counties polling less than 4,500 votes, the judge may appoint a 5 bailiff with the concurrence of the sheriff. 6 2. Subject to the provisions of [subsections 2, 4 and 10,] 7 subsection 9, in a county whose population is 700,000 or more [, the 8 – 3 – - *SB450* judge of each district court may appoint a deputy marshal for the 1 court instead of a bailiff. In each case, the] : 2 (a) A bailiff or deputy marshal [serves at the pleasure of the 3 judge he or she serves. 4 2.] may be assigned for the court; and 5 (b) Each bailiff or deputy marshal shall be deemed a local 6 government employee of the county. 7 3. In all judicial districts where there is more than one judge, 8 there may be a number of bailiffs or deputy marshals at least equal 9 to the number of judges, and in any judicial district where a circuit 10 judge has presided for more than 50 percent of the regular judicial 11 days of the prior calendar year, there may be one additional bailiff 12 or deputy marshal . [, each] Except as otherwise provided in 13 subsection 2, each additional bailiff or deputy marshal [to] must be 14 appointed by the joint action of the judges. [If] 15 4. Except as otherwise provided in this subsection, if the 16 judges described in subsection 3 cannot agree upon the 17 [appointment] replacement of any bailiff or deputy marshal [within] 18 not more than 30 days after a vacancy occurs in the [office] 19 position of bailiff or deputy marshal, then the [appointment] 20 replacement must be made by a majority of the board of county 21 commissioners. In a county whose population is 700,000 or more, 22 not more than 30 days after a vacancy occurs in the position of 23 bailiff or deputy marshal, the replacement must be made by a 24 majority of the board of county commissioners. 25 [3.] 5. Each bailiff or deputy marshal shall: 26 (a) Preserve order in the court. 27 (b) Attend upon the prospective and seated members of the 28 jury. 29 (c) Open and close court. 30 [(d) Perform such other duties as may be required of him or her 31 by the judge of the court. 32 4. The bailiff or deputy marshal must be a qualified elector of 33 the county and shall give a bond, to be approved by the district 34 judge, in the sum of $2,000, conditioned for the faithful 35 performance of his or her duty. 36 5.] 6. The compensation of each bailiff or deputy marshal for 37 his or her services must be fixed by the board of county 38 commissioners of the county and his or her salary paid by the 39 county wherein he or she is appointed [,] or assigned, the same as 40 the salaries of other county officers or employees are paid. 41 [6.] 7. The board of county commissioners of the respective 42 counties shall allow the salary stated in subsection [5] 6 as other 43 salaries are allowed to county officers [,] or employees, and the 44 – 4 – - *SB450* county auditor shall draw his or her warrant for it, and the county 1 treasurer shall pay it. 2 [7.] 8. The provisions of this section : [do not:] 3 (a) Authorize the bailiff or deputy marshal to serve any civil or 4 criminal process . [, except such orders of the court which are 5 specially directed by the court or the presiding judge thereof to him 6 or her for service.] 7 (b) [Except] Do not, except in a county whose population is 8 700,000 or more, relieve the sheriff of any duty required of him or 9 her by law to maintain order in the courtroom. 10 [8. If a deputy marshal is appointed for a court pursuant to 11 subsection 1, each session of the court must be attended by the 12 deputy marshal.] 13 9. [For good cause shown, a deputy marshal appointed for a 14 court pursuant to subsection 1 may be assigned temporarily to assist 15 other judicial departments or assist with court administration as 16 needed. 17 10.] A person [appointed] who is assigned to be a deputy 18 marshal for a court pursuant to subsection [1] 2 must be certified by 19 the Peace Officers’ Standards and Training Commission as a 20 category I peace officer not later than 18 months after 21 [appointment.] assignment. 22 Sec. 2. NRS 4.353 is hereby amended to read as follows: 23 4.353 1. Subject to the provisions of subsections 2 [, 4] and 24 [10,] 8, in a county whose population is 700,000 or more, [the 25 justice of the peace for each justice court may appoint] a deputy 26 marshal [for the court] : 27 (a) May be assigned instead of a bailiff [. The deputy marshal 28 serves at the pleasure of the justice of the peace that the] ; 29 (b) Must be assigned from a pool of deputy [marshal serves.] 30 marshals; and 31 (c) Shall be deemed a local government employee of the 32 county. 33 2. In all townships where there is more than one justice of the 34 peace, there may be a number of deputy marshals at least equal to 35 the number of justices of the peace. [If the justices of the peace 36 cannot agree upon the appointment of any deputy marshal within] 37 Within 30 days after a vacancy occurs in the [office] position of 38 deputy marshal, the [appointment] replacement of the deputy 39 marshal must be made by a majority of the board of county 40 commissioners. 41 3. Each deputy marshal shall: 42 (a) Preserve order in the court. 43 (b) Open and close court. 44 – 5 – - *SB450* (c) Attend upon the prospective and seated members of the 1 jury. 2 (d) Perform [other such duties as may be] any duty required [of 3 the deputy marshal] by [the justice of the peace of the court.] law. 4 4. [The deputy marshal must be a qualified elector of the 5 county and shall give bond, to be approved by the justice of the 6 peace, in the sum of $2,000, conditioned for the faithful 7 performance of his or her duty. 8 5.] The compensation of each deputy marshal for his or her 9 services must be fixed by the board of county commissioners of the 10 county and the deputy marshal’s salary paid by the county wherein 11 he or she is [appointed,] assigned, the same as the salaries of other 12 county [officers] employees are paid. 13 [6.] 5. The board of county commissioners of the respective 14 counties shall allow the salary stated in subsection [5] 4 as other 15 salaries are allowed to county [officers,] employees, and the county 16 auditor shall draw his or her warrant for it, and the county treasurer 17 shall pay it. 18 [7. The provisions of this section do not authorize the] 19 6. A deputy marshal [to] may serve any civil or criminal 20 process . [, except such orders of the court which are specially 21 directed by the court or the presiding justice of the peace thereof to 22 the deputy marshal for service. 23 8. If a] 24 7. A deputy marshal [is appointed for a court pursuant to 25 subsection 1,] must attend each session of the court [must be 26 attended by the deputy marshal. 27 9. For good cause shown, a deputy marshal appointed for a 28 court pursuant to subsection 1 may be assigned temporarily to assist 29 other justice courts or assist with court administration as needed. 30 10.] required by law. 31 8. A person [appointed] who is assigned to be a deputy 32 marshal pursuant to subsection 1 must be certified by the Peace 33 Officers’ Standards and Training Commission as a category I peace 34 officer not later than 18 months after [appointment.] assignment. 35 H