1'179

104 Senate History, Sixtieth Session

S. B. 267-Committee on Judiciary. Feb. 27.
Tramforms courts 10 courts of record. (BDR 1-
1493) Fiscal Note: Effect on local Gmernment: Yes Effecl on the
State or on Industrial Insurance" No.
Feb. 27-Read first timo=. Referred to Commjl1es on JudiCHH)'. To
prmter.
Feb l8--From printer. To committee.
'
Apr. 28-From committee: Amend, and do pass as
Apr 39 Read second time. Amended. To I
May I From printer. To engrossment. Engrossed Firsl reprint
Mat l-Read thrrd time. Passed, as amended. Title approved.
Assembly.
To
May 3-10 Assembly Read first Lime. Referred 10 CommiLtee on Judj-
To committee.
May 1: From committee' Amend. and do pass as amended.
May 16-Taken from Second Reading File. Placed on Clm:f Clerk's
/

Mat?4 Taken from Chief Clerk's desk Placed on Second Reading
Flre. Read second time. Amended To printer.
May 2.5-From printer. To re-engrossment. Re-engrossed.
reprmt." Placed on General File. Taken from General Flle.
on Chief Clerk's desk.
Second
Placed
26-Taken from Chief Clerk's desk Placed on General File.
Read third time. Passed, as amended. Tille appro"ed, as amended.
To Senate. In Senate
May 27-ln Senate. Assembly amendment not concurred in. To
Assembly. In Assembly. Assembly amendment not receded from.
Conference requested. First Commil1ee on Conference appointed by
Assembly. To Senale. In Senate. First Committee: on Conference
appointe:d by Senate. To ;::ommittee.
MaL 28-From comm1!lee:: Recede from Asse:mbly amendment First
Confere:nce re:port adopted by Senate. First Conference report
adopted by Assembly. To printe:r From printer. To re-engross-
men!. Re-engrossed. Third reprint. ... To enrollmenl.
June 4-Enrolled and delivered to Governor.
June 5-Approved by the Governor. Chapter 6.59.
Effeclin January 1. 1980.
S. B. 268-Commitlee on Government Affairs, Feb. 27.
s
Summary- Requires counse:! to prepare memorandum coo-
ceming constitulionailty of certain bllls and joint resolutions. (BDR
17-1951) Fiscal Note: Efrec[ on Local Government; No. Effeclon
the Stale or on Industrial Insurance: No
Feb. 27- Read first time. Referred to Commillee on Legislative Func-
tlOns. To pnnler.
Feb. 28- From printer. To committee
Mar. 20-From commitlee: Amend, and do pass a,c, amended.
Mar. 21-Read second lime. Amended. To printer.
Mar. 22-From printe:r. To engrossment. Engrossed. First reprint.
Mar. 23- Read third time. Passed, as amended. Title approved, as
amended. To Assembly.
Mar. 26-ln Assemblv. Read rirsl lime. Referred 10 Committee on
Legislali,,'c To committee.
B. 269-Committee on Commerce and Labor, Feb. 27.
Summary-Provides certain rights [0 professional e:ngineers and land
surveyors. (BDR 54-1217) Fiscal Note: Effe:ct on Local Govern-
ment No. Effect on [he Slate or on Industrial Jnsurance: No.
Feb. 27-Read firsl 11me. Referred to Committee on Judiclary. To
printer.
Feb. 28-From printer. To committee.
S. B. 270
S. B. 271
S. B. 272
S. B. 273
Minutts of t1::e 1\'e:v:\da St.::.te Lef:isbhlre
Senate CO['J.rrUttee on ....... " .. __ .. __.. _ ...... ___ .. _._._.
Date: ______ t-!a.rch ___8-_, ____ 1.9_7_9 __
P;:Ige;_ ... _ .. .. .. _. __ ._._ ..... __._ .. _ ...... _. _
_ De meeting was called to order at 9:10 a.m.
the Chair.
Senator Close was in
PRESENT= Senator Close
Sena-tor Hernstadt
Senator Don Ash,-lOrth
Senator Dodge
Senator Ford
Senator Raggio
Senator Sloan
ABSENT: None
SB 267 Transforms justices' courts to courts of record.
/"--
Tom Davis, Justice of the Peace and Municipal Judge of Carson
City, appearing on behalf of the Judges Association. He
stated that they are in support of this bill, but they \vould
like some clarification. He felt that there could be a
real problem if NRS 189.050 were repealed, as that would
eliminate the trial de novo in criminal cases. As long as
a lawyer judge was available to a defendaJ"lt the non-lawyer
judge could exist. This came out of a United Stated Supreme
Court decision in the case of North vs. Russell (see Attach-
ment A) .
Senator Dodge stated_he has talked to Frank Daykin about this
and Mr. Daykin stated that he doesn't feel that it renders
what we are trying to do here.
Judge Davis stated that he is satisfied, but the question did
arise and so he is pointing it out. He also brought out the
fact that the municipal courts have not been written into
this section and he felt that they should be includea. He
also has a question in Section 7. This section is an either/or
situation with the court reporter and the sound equipment. Is
this intended?
Senator Ashworth stated this was done because in -the small
counties they don't have a stenographer.
Judge Davis asked if the courts could be prepared, expense-
wise, to provide these services by January 1, 1980.
Senator Hernstadt stated this expense would only be around
$1,200. These machines are similar to \,-ha t is being used in
the Legislature. They run 4 tracks so that you can have a
speaker in front of the Judge, the witness, and each of the
attorneys.
Senator Ashworth stated that the recordings would not be trans-
cribed unless there was an appeal.
(Conmlltee
s. B. 267
SENATE BILL NO. 267--COMMITTEE ON JUDICIARY
FEBRUARY 27,1979

Referred to Committee on Judiciary
SUMMARY-Transforms justices' courts to courts of record. (BDR 1-1493)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: No.
Exl'LANAnON-Matter iD italics is new; matter m [ ] is material to be: omitted.
AN ACT relating to justices' courts; transfonning them to courts of record; and
providing other matters properly relating thereto.
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
1 SECTION I. Chapter 1 of NRS is hereby amended by adding thereto
2 the provisions set forth as sections 2 to 7. inclusive, of this act.
a SEC. 2. 1. The judge of any district court and the justice of the peace
4, of any justice's court may appoint one certified shorthand reporter, to
5 be known as the official reporter of lheir court, and to hold office during
6 the pleasure of the judge or justice ot the peace appointing him.
7 2. The official reporter shall, at the request of either party or of the
8 court in a civil action, and on the order of the court, the district attorney
9 or the attorney for the defendant in a criminal action, take down in short-
r--_ 10 hand all the testimony, the objections made, the rulings at the court, the
11 exceptions taken, all arralgnments, pleas and sentences at defendants in
12 criminal cases, all statements and remarks made by the district attorney
13 or judge, and all oral instructions given by the judge. If the court reporter
14 is directed by the court or requested by either party, he shall, within a
15 reasonable time after the trial of the case or as may be designated by the
16 court, reproduce the record or those portions of the record which have
17 been requested and certify it as being correctly reported and transcribed,
18 - and, when by the law or court, file it with the clerk at the courl.
19S1lc.3. The official reporter of any district court or justice's court
20 shall altend to the duties of his office in person except when excused for
21 good reason by order of the court. Any order excusing the official
22 reporter must be entered in the minutes of the court. Employment in his
23 professional capacity elsewhere is not a good reason for which a court
24 order excusing his absence may be issued. When the official reporter ot
25 any court has been excused in the manner provided in this section, the
--2--
1 court may designate an official reporter pro tempore who shall perform
2 the same duties and receive the same cornpensation during the term at
3 his employment as the official reporter.
4 SEC. 4. The official reporter of any court, or official reporter pro
5 tempore, shall, before entering upon the duties of his office, take and
6 subscribe the constitu,tional oath of office.
7 SEC. 5. The report of the official reporter, Or official reporter pro
8 tempore, of any court, when transcriked and certified as a correct tran-
9 script oj the testimony and proceedings in the case, is prima facie
10 evidence of the testimony and proceedings.
11 SEC. 6. 1. For his services, the official reporter or reporter pro
12 tempore is entitled to receive, the following fees:
13 (a) For being available to report civil and criminal testimony and
14 proceedings when the court is sitting, $50 per day, to be paid by the
15 county as provided in subsection 2.
16 (b) For transcription, 70 cents per. folio for the original draft, and
17 20 cents per folio for each additional copy to the party ordering the
18 original draft. For transcription for any party other than the party
19, o.rdering the original draft, 20 cents per folio.
20 (c) For reporting civil malters, in addition to the salary provided in
21 paragraph (a), $8 for each hour or fraction thereof actually spent, but
22 .not more ,than $50 in any calendar day, to be taxed as co.ts pwsuant
23 to subsection 3. If the fees for any day computed according to the hourly
24 rate would otherwise exceed $50, the fee to be taxed for each civil matter
25 . reported is that proportion of $50 which the time spent on that matter
26 bore to the total time spent that day.
27 2. The fee specified in paragraph (a) of subsection 1 must be paid
2B out of the county treasury upon the order of the court. In criminal cases
29 the fees for transcripts ordered by the court must be paid out of the
30 county treasury upon the order of the court. When there is no official
3f, 'reporter in attendance and a reporter pro tempore is appointed, his
32 reasonable expenses for traveling and detention must be fixed and paid
33 ,by the court in a like manner. The r,espective district judges and justices
34 of the peace may, with the approval of the respective board or boards of
35 county commissioners within the judicial district or township, as the
3&"case may be, fix a monthly salary to be. paid to the official reporter in
37 lieu o/per diem. In cases where the official reporter works in more than
38 . one County, the salary and actual traveling expenses must be prorated
39 byJhe iudgeon the basis 'Of time spent at work in the respective cOllnties.
40 ..The MlaTY and traveling expenses must be paid out of the respective
41',' county. treasuries upon the order of the court ..
42, 3; In civil cases the fees prescribed in paragraph (c) of subsection 1
43' om'J.for transcripts ordered by the court must be paid by the parties in
44.', 'equnJ. proportions, and either party. may, at his option, pay the whole
46 ,.thereof . .In either case all amounts paid by the party to whom costs are
~ 'ilwtuded must be taxed as costs in the case. The fees for transcripts and
4T" 'copills must be. paid by the party ordering them. No reporter may be
48. requireii to perform any service in a civil case, until hi" fees have been
49" deposited with the .. clerk of the court: . '. '
50 4. If a transcript is ordered by the court or any party, the fees for it
--3--
1 must be paid to the clerk of the court and the. clerk must pay them to
2 the reporter when he furnishes the transcript.
3 5. The testimony and proceedings in an uncontested divorce action
4 need not be transcribed unless requested by a party or ordered by the
5 court.
6 SEC. 7. 1. A district judge and a. justice of the peace, with the
7 approval of the board of county commissioners of anyone or more of
8 the corm ties comprising the district or of the county in which the justice's
9 court is held, may, in addition to the appointment of a court reporter as
1(') provided in section 2 of this acr, order the installation of sound recording
11 equipment tor recording civil and criminal proceedings or special pro-
12 ceedings which are recorded by the official reporter, a special reporter
13 or any reporter pro tempore appointed by the court.
14 2. To operate the sound recording equipment, the judge or justice
15 of the peace may appoint the official reporter or a special reporter or
16 reporter pro tempore or the county clerk or clerk of the court or deputy
17 clerk. The person operating the sound recording equipment shall sub-
18 scribe to an oath that he will operate it so as to record all of the pro-
19 ceedings.
20 3. The court may also designate the person to transcribe the record-
21 ing into a written transcript. The person transcribing the recording shall
22 subscribe to an oath that he has correctly transcribed it.
23 4. The transcript may be used for all purposes for which transcripts
24 aTe used and is subject to correction in the same manner Q8 other tran-
25 scripts.
26 SEC. 8. NRS 1.020 is hereby amended to read as follows:
27 1.020 The supreme court, the [several] district courts, the justices'
28 courts and [such] other courts [as] the legislature [shall designate,
29 shall be] designates are courts of record.
30 SEC. 9. NRS 171.198 is hereby amended to read as follows:
31 171.198 1. The magistrate shall employ a certified shorthand
32 reporter to take down all the testimony and the proceedings on the hear-
33 ing or examination, and within such time as the court may designate have
34 [such] that testimony and proceedings transcribed into typewritten
35 transcript.
36 2. The reporter employed as provided in subsection 1 shall be sworn
37 by the magistrate before whom [such] those proceedings are held to
38 record verbatim, truthfully and correctly [such] the proceedings and
39 testimony, and to make a true and correct transcript thereof into type-
40 written transcript.
41 3. When the testimony of each witness is all taken and transcribed by
42 the reporter, the reporter shall certify to the transcript in the same man-
43 ner as for a transcript of testimony in the district court, which certificate
44 [shall authenticate] authenticates the transcript for all purposes of this
45 Title.
46 4. [Prior to] Before the date set for trial, either party may move the
47 court before which the case is pending to add to, delete from, or other-
48 wise correct the transcript to conform with the testimony as given and to
49 settle the transcript so altered.
--4--
1 5., The compensation for the services of a reporter employed as pro-
2 vided in this section shall be the same as provided in subsection I of
3 [NRS 3.370,]. section 6 of this aCt, to be paid out qf the county treasury
4 as other claims against the county are allowed and paid.
5 6. Testimony reduced to writing and authenticated according to the
6 provisions of this section must be filed by the examining magistrate with
7 the clerk of the district court of his county, and in case the prisoner is
S subsequently examined upon a writ of habeas corpus, [such] the testi-
9 many must be considered as given before [such] that judge or court. A
10 copy of the transcript [shall] must be furnished without charge to the
11 defendant and to the district attorney,
12 7. The testimony so taken may be used:
13 (a) By the defendant; or
14 (h) By the state if the defendant was represented by counselor
15 affirmatively waived his right to counsel,
16 upon the trial of the cause, and in all proceedings therein, when the
17 witness is sick, out of the state, dead, or when his personal attendance
18 cannot be had in court.
19 SEC. 10. Chapter 189 of NRS is hereby amended by adding thereto
20 a new section which shall read as follows:
21 1. Except as provided in subsection 2, if the transcript of a case
22 appealed to the district court is defective in any way, the matter must
23 be returned for retrial in the justice's court from which it came.
24 2. If all parties to the appeal stipulate to being bound by a particular
25 transcript of the proceedings ill the justice's court, an appeal based on
26 that transcript may be heard by the district courl without regard to any
27 defects in the transcript.
28 SEC. 11. NRS 189.030 is herehy amended to read as follows:
29 189.030 1. The justice [must,] shall, within 10 days after the
30 notice bf appeal is filed, transmit to the clerk of the district court the
31 transcript of the case, all other papers relating to the case and a certified
32 copy of his docket.
33 2. The justice shall give notice to the appellant or his attorney that
34 [all such papers] the transcript and all other papers relating to the case
35 have been filed with the clerk of the district court.
36 SEC. 12. NRS 189.050 is hereby amended to read as follows:
37 189.050 An appeal duly perfected transfers the action to the district
38 court for trial [anew.] on the record.
39 SEC. 13. NRS 656.290 is hereby amended to read as follows:
40 656.290 1. The board may subpena and bring before it any person
41 in this state and take testimony either orally or by deposition, [or both,]
42 with the same fees and mileage and in the same manner as prescribed in
43 civil cases in courts of this state.
44 2. Any member of the board may administer oaths to witnesses at
45 any hearing which the board is authorized by law to conduct, and any
46 other oaths required or authorized in this chapter.
47 3. Any district court, npon the application of the accused or com-
48 plainant or of the board may, by order duly entered, require the attend-
49 ance of witnesses and the production of relevant books and papers before
50 the board in any hearing relative to the application for or refusal, recall,
.-'
-5-
1 suspension or revocation of a certificate, and the court may compel
2 obedience to its order by proceedings for contempt.
3 4. The board, at its expense, shall provide a shorthand reporter to
4 transcribe the testimony and preserve a record of all proceedings at the
5 hearing of any case wherein a certificate is revoked or suspended. The
6 notice of bearing, complaint and all other documents in the nature of
7 pleadings and written motions filed in the proceedings, the transcript of
8 testimony, the report of the hoard and its orders [shall be] are the rec-
9 ord of [such] the proceedings. The hoard shall furnish a transcript of
10 [such] that record to any person interested in [such] the hearing upon
11 payment [therefor] of the statutory fees for transcription as provided in
12 [NRS 3.370.] section 6 of this act.
13 5. At any time after the suspension or revocation of any certificate,
14 the board may restore it to the accused without examination upon un ani-
15 mous vote by the board.
16 SEC. 14. NRS 3.320 to 3.380, inclusive, 189.040 and 189.080 are
17 hereby repealed.
18 SEC. 15. This act shall become effective on January 1, 1980.
Minntes of the Sl;].,e Legishture
Sen3te Committee on __________________ J_udiciar.y _____ . __________________________________ .. ________. ___._ .. _. _________________ . ______________. ___.. ______ _
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Senator Raggio stated he could see a problem with the
bill as the Ylay it is drafted it requires a certified
shorthand reporter. Under Section 7 it states "\"Ii th the
approval of the County either the District
Court or the Justice Court, may in addition to a court
reporter, order the installation of recording equipment."
Senator Dodge stated that the bill is incorrectly drafted.
The thrust of 'che bill \-Jas to give the courts the option.
Judge Davis stated that he thought the concept of the bill
Ylas agood one and Ylas one step further in turning the
court professional.
Terry Reynolds, Administrative Planner Ylith the Office of
the Courts stated he would like to touch on tYlO cases Ylhich
might be of interest to the committee. Fir st \-JaS the one
mentioned by Judge Davis the second \'1as Treiman vs. the State
of Florida (see Attachment B). He stated he Ylould first like
to point out that Nevada is like the North vs. Russell case,
in that it has a court system. That is a person
being tried in a Justice Court or Hunicipal Court has the
right of appeal for a new trial in District Court.
Senator Ash',;orth asked 11r. Reynolds if he was a\oJare there
was legislation_pending to do away with the tHo-tiered
system.
Mr. Reynolds stated he was. The question is,if you took aHay
the tvlO tiered system, if the judge \'1as not an attorney,
would the trial be constitutional. Under the Florida case,
the State's Supreme Court decided that because they had their
non-attorney judges attend a special training course, that it
was constitutional because they did have legal training
through a special session.
Senator Close asked if there Has an appeal de novo available.
Mr. Reynolds stated there wasn't.
Senator Close asked if our state's Jusitces' of the Peace
courts had the same type of training available to them.
Mr. Reynolds stated that they do_ This state's non-attorney
judges attend a b'lo-\\'eek session and tha-t session is in the
process of being up-graded.
Senator Raggio stated that he thought it ylaS mandatory_
Mr. Reynolds stated that it was, but there are some exten-
uating circumstances that can keep a judge from it.
Sena tor Close asked if this \,'as b.;o weeks every year, or two
\-leeks during their term. 5(.:5
(Commjtt.,e :-'Jinutts)
IiTiO
,-
"""Ii
t
I
I
MiOl!ks of Ih;: Nevada Stat:;:. Lcg.1siature
Sco:lte Committee on._ .......... .... __ ."._ .... "_... _".
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Hr. Reynolds stated that this is tuo weeks at the begining
of their term. However, they can voluntarialy attend other
sessions.
Ed Psaltis, Hith the Administrative Office of the Courts,
stated that the operation that has been in effect was that
as soon as a .. new judge is elected or appointed, He try
to get them into the first tHo-I'leek course available. 1':e,
have also been having, over the past 5 years, 2 to 3 day
sessions .. , approximately tt-lice a year for the judges, to. bring
them current, as to what is going on in the state and vlhat ..
is happening outside. We also encourage them to take courses
at the National Judicial College. These courses run about a
week and cover such things as evidence, sentencing, search
and seizure and many others. The response has been good.
He stated that when the Committee looked over the Florida
case, they should check over the course titles. They could
be compared ,vith ,,'hat is being done at the Judicial College.
So he felt that the Florida case could be used as a precedent-
setting case.
Sam Hamet, representing Clark CountY,stated he had one concern
and that \Vas on Page 1, Line 10, where it stated "to take down
in shorthand." He \Vanted to make sure that this language
would cover stenotype.
Senator Ford stated that these people are now certified but
she is not sure \Vhat their official title is.
Senator Close stated they are certified Court Reporters.
Senator Raggio stated that this terminology is defined in the
la\V and includes stenotype and shorthand.
Mr. Mamet stated that on Page 2, Line 13, Section 6, there is
a question about the setting forth of the compensation of
the reporters. He stated he has a problem ,vi th the phrase,
"being available." Does that mean if you just \Valk in the
door you are available? He felt it should be tightened up
so that it is clear that it is $50 a day "hen they actually
do vlhatever it is the reporter does.
Senator Dodge stated he thought that \'las in the laH nOH.
What this means is, if the reporter is ordered, their time is
actually guaranteed.
Senator AshHorth stated he was unclear on ",ho had the option
to have it taken down in shorthand.
Senator Close stated that that point had not been decided yet.
The problem is that it appears this was lifted out from the
statute on the District Courts. He pointed out that this ,vas
apparent because on Page 3, Lines 3 toru 5, it talks about SC.(}
uncontested divorce proceedings.
Minntes of the- S:ate Legislature
S::nate Com:nitt1!'e on-.. _ .. _._ .... ..... _ .. _ ...... _ ....... _ . ____._ ....... ____ ... _ .... _______.. __ ._ .. ______.... ___ ... __ . ___ ._._ ... ____ ... ___ ._._
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Senator Raggio brought out the fact that on the first page
of the bill it talks about both district and justice's
courts.
Senator Close stated that he thought they should take a
closer look at the bill to see what the drafter had done
wi th it. Be stated he certainly didn't ,.;ant the two courts
merged.
Senator Raggio stated that they had been kept separate before,
but if we are going to allow the same thing in both courts,
they could go in together in the general Statute on the
courts.
Senator Close stated, except we are now talking about going
more into the electronic recording.
Senator Raggio stated that he felt it could be made optional
in the justice court operation without making it optional in
the district courts.
Senator Close s-ta ted there is also a problem on Page 2,
Section 1. It would not be my intent to permit the J.P.
Courts to have each Justice of the Peace appoint one
hand reporter.
Senator Sloan stated that there has to be a shorthand reporter
for any preliminary hearing. Be felt that most of the J.P.'s
had appointed a shorthand reporter already.
Senator Bernstadt pointed
tape it states "defective
be tightened up to say in
those lines.
out that when
in any "I.-lay a 11
a substantive
it talks about the
He felt that should
way or something along
Senator Close stated he wanted to make sure it was understood
that you could have recording devices in the J.P. Courts and
that it would be up to the County cOllllilissioners to appoint
the court reporter.
Senator Dodge agreed that was the way it should be structured.
Be felt that if the three-tier system ",as developed there should
be more stature in the J.P. Courts.
Senator Raggio stated-he would like to see what happens with
this in justice courts for two years before extending it to
the municipal courts. He felt problems could arise that no
one has thought of yet and they could get in too deep.
Senator Close stated that he felt that if either of the
parties wanted a court reporter they should pay for their
ovm.
(CommIHf'f!
r- ,r ;----'
1...-;:'",-, i
8770
]'..Enuie'S of the S:a:e Legislature
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Senator Sloan felt there could be a problem ''lith this. First
thing you would have would be the public defender asking for
a reporter and expecting the public to pay for it.
Senator Close stated that is the way it is now. The only
difference is now they are always available because the
county have them over there.
Senator Sloan stated that they are not available in mis-
demeanors. He doesn't feel the public defender should be in
a better position than the average misdemeanent.
Senator Raggio stated he agrees. One way or the other it is
going to be a court of record. It is that way right nm" in
district court, so why do something different in the Im-ler
courts.
Bill Hacdonald,. Humboldt County District Attorney, stated
that they have a 4-track recorder and frequently use it, >,hen
there is a brief matter in district court and the parties
agree. We will then have a court clerk transcribe it later.
Senator Close asked if it is difficult to transcribe the
proceedings accurately with one of these types of machines
Vlhen it is in a court room.
Nr. Macdonald stated that his people find it great. The
judge, the Vlitness, the counsels are all on a separate track.
If they are all talking at one time then you put it on one
track and transcribe that and then back it up and take off the
second track, and so on. They find it \vorks \vell as in his
office there are tVlO prosecutors and two courts. Frequently
there are two trials running-at the same time. So we use
the court reporter in the District Court and the recorder in
the Justice Court. The only problem Vie have is \-lith the
public defender's office, they say we cannot do that. They
say the law doesn't give us that authority.
Senator Raggio stated that only the lmver courts were going
to have the option, did he mean to have the District Court
have it too?
Nr. Nacdona;ld( stated he thought it \-iOuld be a good idea.
Especially I.;hen you had as-minute arraingment and a day long
preliminary across the hall. You have to wait until there is
a recess in the preliminary hearing, the court reporter picks
up his machine, runs across the hall, the prisoner is brought
up, the District Judge is anxious to get out of tmm because
he has more than one county to cover, and it is an inconvenience
all the way around.
Senator Close stated that he would like to bring out the fact
that this type of legislation is the practice in all the courts
in Alaska.
Mic.utes oE Ibe Ne\'3ch State Legishtcre
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Page: __ .. _ .. __ . __ ... _ .. ______ .... _. _____ .. _" __ _
Senator Close stated he \'lould talk all these things over with
Hr. Daykin and either get an amendment or a neH bill, Hhich-
ever was more convenient.
AB 168 Prohibits discharge of firearm at structures and vehicles.
See minutes of March 7 for testimony, discussion and action.
Senator Close stated he had not had all the changes marked
down that they \vished to make. He stated that he had 6
years marked do\-m to conform it, and ''las there anything else.
Bill Mac Donald, Humboldt County District Attorney" stated he
Has not here for yesterday's testimony, and Hould like to make
a statement; even though the bill had been passed. He felt
there vias a problem 'vith the \Yording "abandoned." He stated
they \Yould take that \Yording to get the bill, but he thought
that Hould add a problem to their enforcing. They had a
problem in Winnemucca do\Yn in the jungle by the railroad
tracks. Some guy Has intentionally shooting into Hhat
appeared to be an abando!".ed tin shack. He apparently didn' t
see the smoke coming up from the guy inside cooking his beans.
A bullet \Vent through the shack and killed the guy inside.
NOlv the question arises, is this really abandoned?
SB 143 Requires interpreters for certain handicapped persons in
judicial and administrative proceedings.
See minutes of February 6, 13 and 14 for testimony and
discussion.
Senator Close stated that he had a letter from the Legisla-
tive Counsel Bureau, in answer to I1s. Hensley's testimony.
Andy Gross stated in the letter that there is no\Yhere in
Federal LaH that a mandate exists. He also read the changes
that are to be made in the bill. On line 16 through end of
line 18 delete. On line 20 change language to read "and
serve as an interpreter as defined under NRS 171.1535."
On Page 2, Section 2 take out line one and tHO up to "if
appointed interpreter." All this Hill be qualified by section
3. We \-Till then make sure the wording is right so that it
cannot be the spouse as interpreter, unless so appointed by
the court.
After some discussion the Committee agreed to have this brought
back after the amendments were drafted to make sure this
Hhat they wanted, before taking action.
(See attachment C for letter from Legislative Counsel Bureau)
(CommiLtee
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328 . OCTOIlERTERM, 1975::
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427 U. So'
NORTlIv.O)WSSEr,L 'J:T
API'EAL !T.OM counT OF Al'PEAIJ3 OF KEKTUCh.Y .
'.'
No. "j-l10'J. Argued 197G-Dccidod June 2S, 1970
Under l(cntucky's two-tier court system, police courl., (the fiITt
tic-r) hn.\'C jmi..,Jictirm or C'115ei, [''1t :1.11 b;1.,'1
of frOln :1 vo1icI? dcci:;ion to the circuit.
court ([,he t\r;r) ) where thrrC' is 1'1, tri:d de 110t'U, The
Stn!\! Con::llIulion in J\:m\l1rkr to hI" :1('-
to popllhtioJ). By sbtlltc r)f police C011rt;: ill
cities of j(,!;s thf\.n r. ccrt:lin IJOPul:> .. lion not. be In w)'t'rs , LllL
in riliC'i they must. be', and nll cirr;uit rourt judges nrc
b.w),crs, In this to the con.slilutionnlily or the !:t:1.tu-
tory !';chcmC' held:
1. All :,\C'cu:::c-.:l, 1\'110 is rh:\Ti;Cc1 with n. mi:::drmcanor {or which be
15 1';ul)JC'ct to p0"-Si\J1L' imprisonrnC'nt, is not derlicd pro(;(':'1.::; \\,h'.'11
1ri(,j bciorc l. police court judp;c In one of the smnllC'i
rilie;, whrn 1\ later trbl (/(' novo \.., in the' circuit COllrl,
Word v, Vt'/io(Jc oJ .lionrort'ille, 4fYJ S, j7; TII.17IcV v, Ohio, 273
1:, S. ;:;10. 1'p, ;';,'::3-8::>9,
2 :\'or doe'S the' Sh!.'! (;l:ll:-' such .'\11 :I('('I\:::C<1 uttl,,1 protc ...... lion
ur tile by pro\'irltnc; 1.'\',I'-I,r,li!ll<{l rvr ,::0111(' 1)01\,,(' t'O\J)'tS
:1.!1d jlltir,c,;,; [,"'If other::, d"I)l'llCiinj: upon tloc C{lll."ilillltio;I','i
l'bp:;i:i(';,lio11 ,A ei\ll\, .\("('ording: to p0]1lilnti(lll. ;-:inr'{' :'o.C: \0111.( i\',
j.'\'\,'plr ;\'itl1il1 (':\.rh (He' tfC','ltt,cl N;I,;.1.11y, the diITrrt'nt
\\'iL!lill til'_' C'('1urt, jl.1.:;linl!d, \'.
I.euIs, 101 1I. S, n i'1'. :3.,3-330,

11\..'11(11':11, C, J.) drlin'rr-:.l t11[, I)i [lie CO\lrt. in whirh '\'}{!TE,
1h, ..\o::-'Pl:">1, ,'1l1d ,LI, DIU::-;:-:,\;--", .T.,
concurrcd in the fC3lJ!t, '::':'T!-:\\,I,.H1, J" fikd 1\ oplni{]!l) in
which :\IAIISILQ.L, J .. joineu, JJr!"L! p. Tm, Bn:Yl::;-';-s, J,! took )10
P!I.rt. in the cOll.o.;ider<ltion or dcci,"'ion oi the c:\..<,c.
CI,arlos E, Ooss ,he r:\l1'r. 1111(1 G1l,,1 bricLi for
nppclbll&.
Robert I,. O"C7I (111'0(." , i\.",istolll At.lul'llcy Gellcr"l of

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: 328 . Opinion of the C<>url' . "':"'" , .' ,.
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,...: - ":"';'In, .CmEF JUSTICE BUHGH. opinion"of. .. ,."
'the Court,. '", '. . . j' '; ''-:., ...
The quest.ion precentccl in this ease is whethrr ltn ltC-
f'"'' . cU8ed, subjcct to pos.,ible imprisonment.," is denied due
process whnn tried before a nonl[CTI'}'cr police courl' >
judge "'it.h n. bter tri,c\ de )I0VO [l.vr.ilnble under r.
! .. '.. tWQ-t.icr court syst"m; n.nd whether [l denies equnl
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prnkc,ion by pruviciill/< In.w-trninrd jud,;r" for some
police courls and by judg',s fol' olhel1', depending upon
the St"tc Constitution's clnssiGcrdion of citics "ccording
to popul[ltion.
( 1 )
Appclhnl L()nnie ;:"'01t1l \\'3.'i Drrcst",d in Lynch. 1\)'.,
on July 10.1974, r.nd nhal';:crl with ciriving ,,hile intoxi-
('r.t<eel in "iohlion of Ky. Rcv. S(".(. :\n1\. 1E'0.520 12)
(l(J71). If 11 rll'st ul1'onse. [1 pcn[].I&,- of [].l1nc of 11'0111,3100
(0 is provided; ii " sub"cqllcnl. (he ",'\J11C
1mC', :llIc1 imprisonment fur jlot, morr than sl:\ )11011ths,1
Ky. Re\,. Stn(. ,\n11. S 1:30,900 (lO) (n,) (1\)71).
of arlll,:i tll1'in(" un:lll!:; rCH'r::::11 wcn' fii"d [,1:-' Allen"
m/17\ iClf the hy NI'''(' If, Ul'uGch!
h" [or Pctit.ion(:r:o: awl Cl:\;:::.(:,>,,: til' Pcutil')l\('r .. \n H'y,H' \',
!U1d ill Y. Tonkin .. IIIH.1 b;: J.JOlll)hlln ,1!cf)!)nl!,IJ,
Ur.lj McCloin
l
Ncil Brolllr,ll, ;\\Hl Mdt'il! L, H'ulJ for the .'\:m:riC:lJl
CiYll Liberties Union FOUI;d:1110Jl, 1nr.: h,\' L\i,':'t C. II"hllmN
fur (ll\,' l{C'll\uckv 13:,r ; h\' IU (J)'"ll(;il J. Joupn T.
:lnll "j(!1!lCS p, ""lit)' for (hr: \'{\tio!l:l! .\\d .'In.n
D..'klJ!.\N and by )11111 .Hit .. qIllJlI}O for tbe S:11L L!\.kc
Dcicn lief'S
l:,'t1(JI!r!c W. SnriJbury! DU!1tc:.Il S. ;If a.cAJJu! .:loc! LOWfl;1ll;( :t,
Schtdz med n. l.;rid i\H tJ1C :K.cw York S\\l.tc of
t,r:1.t.('1) n..s amicw C1ll1,1(' llq!int: .'1-f!irm.1)H'(',
\. o!lcnsc new (,:1rriC';' the- :":.'\IlIC l!10ilcl.'H), Ii:l(l f,chcduk, n
Clffcn.::ia 00\'/ ltnpn.l::olll1lt'nt ior nut th:1.n
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to
Opinion of Court
427U.B.
Appcllnnt's trird &chcdulcd for July IS, 1074, nt.
I p. m., before the Lynch Cit.y !'olice Court,. A)lJlellee
C. n, llusselL who not a lawyer, was I,he presiding
judge. Appellnnt's request for n jUr\' wa.s denied al.
though under Kentucky law he to n jun'
trinL Ky. Conse. II; Ky. Ro,. ,\ 11n. H :!5.0]4.
:?G.4I)() (ID7l). ilppclll\llt piC'ndc.d not g-uill)'.
Inlll was [oulld ,,\lilty anrl to ill jail.
[L nne of ,3],50. alld rc,"oeatioll of hi, dri"pr's li(,(,II'o.
5ectioll ISO of (,he I\('lltlJc.k, C'on,titutioll requircs
cities to bo to popuintion ,SilO.
There nrc six ch"ses of cltir:s: fifthcla,:s cities ha"r
" 1"'I'ulalion of. bcl\lTell 1,000 alld 3.00(1: sixt.hr:lnss
cil.irs II\IVC n pOjJulation or l('ss thal1 1,000. Lynch
is a lift,hrlass city. 1\),. Eo\'. ,C;tat. AI1I1, :j Sl.OJ(J I.) I
(Inn). A police judge ill Mtll. awl sixthda.5.s ('ili('.'
must I)), stntlll{' be n ','oter of lhc' cit\' rur
tit, Ie""t ('110. ,'cal' tlnd 111' honderl. 1\.,', ]jr\. :Clnt,. :\nl'.
( ]f);]): the policC' ill 'liCit citil's 11('1'<1 l)(iI,
ill' n inll,},r'r. Police ill cili('" \Ihi,,11
11:,,(, popuht.iol1s "f OHr IOG.uno. 11\(1,1, ita\'c 1110 .':lilll'
(j\l:t!i(irnlinn.':': :lS [I rirrllit tllrllU'. l,\'hn mu:-'t Ill' at. !":l.:.t
::;:1 .\''':1:''':; (If :ll!I', n rJ[,i%CJl or I\('lit1lcJ\y. :l
d"lll oi lit,' di.ql'i,'l. alld [\ I'I'[\r'li('illl! ((1[rllII['\ for ridll
,I'llr'.' 1\)'. CUD,!. lao; EO', He\. :'itnt ... I nil. 1+0
(10,1), Police rOlll't judge, htll'>' l<:nns of four
:111(! not fj)rHr. !h:'.tJ ,eix
irnpri::0nrllrnt [III' nDt if,':'..';; lJ1.1n ,1(1 "IV] !lot III{Jtr th:ln 12
mO:1!/ls. Rr\', Stilt, .\1111, rr1ilal (Rllpp. 197-1).
.'\ cily (poplllrdio!l polin'
nnL-:t bt, j(':L..:.t '2,\ :1 rt.' . .:.irjrnL iJf till' l,j(,\' fur fOllr :lnd
aLtum,,), :l.L ltl.\\', HL'\', ,:':1.,:11" AnJ!, '.:!1l,I:",U (:-iUf11' .-\
(')I)' (Pr'1I!1!l:lliol1 ,,",,()(x)-:!O,\H.)l.J) 'nnd rirr
:'::,OOO--,s,('()(J) pollet JuuJ!(, be %Lt. kfl.:SL 21 :ul(J il
city Ky, Hc\', Sl:1.t. Ann. 2r.1.100 (Ern J.
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NORTH v. R l'SSELL 331
32S Opinion or the Court
In fourth., fiff.h., or cit.ies police jud,;c., may
be eit.her nppointcri or ('\cct<:cJ.' Ky. C'-on,t. 160,
Police courts jurisdiction, concurrent with cir.
cuit court,s, of penni n.nri misdemo:lnor cn.S('S
bv 1\ UnO of not mora thnn 5500 und/or i1l1prironmcnt of
not morc tli11l\ ilion tho. Ky. llev. St,at, Ann. 25,010
(1871). Ii:entuckj. lIns n twotier misdrnlcunor court
system. An nppcnl of rig-ht is provided from the dcci,ion
of a police judge t{) Lllc circuit rourt wherc' nil judges uc
bwvcrs, and in that court a jury trial de novo mn:, be
Ky, 11.('\'. Stat. ,\nll. 23.032 (HJ7]); EO'. Dule
Crim, l'r8C. J 2.(lli.
Appellant, did I\ot, apl)rnl tD the E,'nt.llcky cirCUit eOl.lrt
for a (.ri:ll de novo (() witirl! he II'n.' rlltit,leci. .Ifter ocin!;
by tlj>pclll'e jucigr, nppelbnt chnllenged l,ile
st,tltutar), SChClllC dl',cribed above !J.I I'. ,wit. of habea,
corpus in the Harlan Coullty Circuit Court, where hc was
The Cl'IlNJl .. 011/1(' COmnlOll\\'C':1.!1 h u[ :'It
Eli1 b\' Bdl ('I1.:1I'll'd :111 ;\ct :111
:1Ul(,lIdrn(,llt t.o 't,he Con::::ti1uliCi\ rrbllr.;! th,:, juJici,'1i
br:lnrh or [:;'(j\'C'rllllv::nt (In \"o\'''mhrr 1 V;'(, , til" j\l"ill',;rky \o:rr:-:
r:difird fhe iudlri:d II) r),I'
], [( In ;):In. !I:: I,
HI71), :\11 lhu ("0\1111,',', Ijll;\)'[l'rly. JII'-=IJ('C' nf rill;' 1)\':\1"1', 'lilt! ;'(lih'C
('{)\lr(.-: 11"111 be romhlri{'d llllU unl' riel ('n\1rL in r:\(,;!: uf ti\(' 1'20
:lrr lQ be "llor:ll,'(1 :111)(1\1'; G:' ;ll:d
district to (,lee-I, :11, k:1st ani] dis!tln judge \\]11.) be :-In
liccn.o;cd i:) .'\ iii
IlH1.<.:t, ,'l.pf>oint .1. I rI.,:1 f('lr (';lch ('\Jl\llty :.!1
whiC'h no di.'c:tricl r("sidc;:; The' rotnrli",:Sll)!\t'r Ill' 1:,1. :-In
;J.ttc)mc), if nne is 'liialific-u :1.na The \\'ill
h:l.\'c t,he power to perJonu sueh dU\\[\!:i or till' dislncL fl..':
lIla), be' prescribed by the Suprcmc Courl,
The C[LSO is not llioolrd ,illdiri:-d :vI1C'lldnwnt lhe
poliet' court" wi!! continue to fUl1l'!IUn a.:: lIll!il ,1;,nu.:lry 11
1978, :t.nd Ihr nel\' :t.mcncim('ll\ .'itill )\JdI::N
10 sit, Thl'S(, jud[:"r;-,:;. ro,'." hal'l'1 powcr 10 impose- ,sC'ntl'UCC;i' if
the l\cntuck.,' Supreme" so pl'ovHles,
co
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OCTom.;J( TErn!, 107[,
U. s,
r('prr'scntcd by [1n att0rncy. Appellant eJ)vt"}I'krl tlwJ.
1
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" [eder",1 UIIC 1"'0(0'< t\1lc! ('qllal proLcet,ion ric-ilL' hrrrl
\H'eau;.:c he hCld hern l.rJe( an( ('( J
,: court prr:'!,d,'cl.nv,r by a iuclgl' wiLilout, If't;"d
,111(1 tlllio without l'Ol1ll'cl<'II('C, 1'1", Cil'cuit
Court i',lIrd the writ, ",nd llcld nil e"ieloll-
ti:"lry hlGring.
The Circll1l, Court Ilokel ti,al I1ppclhlll lI'a.' 1101 ('h:li-
Ihe [)i liln [l1'l>cNxiillg'3 iJciol"r' appclkc
P-usC{'ll, D.llci hl'Il('" 011 the "PPl'lhlll.',' pll'3r1JJ1g2,
which the court. faliliel \Yere purp(J",fully limiled to the
i;slI(' whet.ller nPJ1C'llc,nL could br tried before ['. jlld"c
,,1,0 WG.'3 1101, legnll)' trail1l:rl when pCl'oons oimiladv
,iLufltroJ I'lit. rr,irlinC" III larger cilie.' \I'ould he t.I'IO(I bv 1\
trniJIl'd ill tile b\\'. The denied 1'<'-
lid ()II I.lie hasi, e,f )\:cntuGk,I' Court, of '\PIX':lis hold-
ill Oi!!!1 I' [[ollll)COn, ,100 S. \1'. 772 (1972), "i'-
1,,::1i ci;'JJ",;c.,,'d, ,JI\ {-, :0, 11'!7:31. Thl' [\:cnturk:;
('UII1'1 {If ,\I'I"':Ii< ill 1111'11 ,,(ill'meri th" tlpll;,,1 ur relief Oil
lIlt' of !)itt.!1 v, lIo7!llJfol1. \>.:ll/Jrrl, lHlLillg that 0)1/)(.'1-
laid f'flldri f(l]" )1:111 ill \)1{' '.'\'('ll( of :tl! :1)J)Jl'al (;11)11
Iii,' 1.I'Il"!, 1'"li('O ('Oill'l. ju'knl('1l1., ,il{j i-:. W, :2el 10:1
I I !I;I ,
\\")lr'11 firsL carne Oil {,pp<'al we' \':\c:ltcd
m
,lll
' Jinct rrrlllllldl'r1 it. "f(1r [IIrt.h"I (:0115ir.l-
ill of the ]lli,'ilioll Prl'sl':lll," :1.'.scl'led b)'
::r:thl' ('ol11llltlll\l'calth," 110 I'. S, ](I:':,S (1074), The
--:\ 11",'111'\' (;('n('r,,1 of )\ClilnrK" in I,is lIIot,iuo to r1islliiss
IIlimn J",rI requesled tlillt, I:liis Court rrlllllnd t,lIe cn.'3c
"1b lhe I\rnl\lck)' CUlirt of .'\pJ!Cals for tlol1sidcrat;oll of
)jolin,nti,,", of Ja\\' h,(scd Oll the "1{U;eSlioll til ret ap-
jll'llt'c' jurige had 111I1","l',j a '<'llll'.II('O of illl-
(pril.;()111l1C' nt, lllJO!! nppl'lJallt fnr a nfT('fl!'f' uf drivillg
whilf' illloxi('nl.;"c/, whl'rras ill1jll'i-::nl1llH'lll. is nuL all
pUllishl1lellt, fur IlrsL un'cndl'J's , . ,," The
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NORTH v,
Opinion 0 r 1 he COllTt.
Ii:cntllcky At.tol"llcy General conceded writ oi
hubea.'3 r.ofJ
1
US should kJ.Ve ucen grn.nLcd requested
an opportunity to rorrc'r:i tit!' enoJ'.
Oll remallci, 1I00\"0\"or, t.lte COlI;t of Apponls
declined to decide the case on tlte st.olc groullrls prcsent{Jd
by' the At.torney Gencral, noting thflt fcrlornl
tutioll:t! "I\'as and is the only before us."
That Caliri, noJ,r,d that appellant oought ollly t{) "V"t
the l'llnsliwtiunal statu., of In)' judgcs in criminal
:\,),7,1-;2:3 Drar, 1\1;,;).
r)ll Ihl' s('cnnrl 3]1]1('al tD this COllrt, \\'c nou.d probable
juri,diclioll, 422 C, 8, [lllO (J07:;),
(2)
.. \rprllant's fir,'!. rhim is Ihnt wlten cOllfillCmC!lt. i' "
pO',i"l(, pl'lIal(.)', a i811'-tr<1illrd is rCQ\JJred b,.- tl,e
[Iill' J'rcH'cso Clall;oc or the Fourteenth ..
\\'11<'l.[,t'l' 01' nul a Irilll ric 110l'O 1)(,[01'(' ;c i,
[\.\-nlIaI':'-
III Ii 1111' Cnpr'd ;"':;\'f'': 11f C(1l1r""", ';:<;\.:.,
I)i .-!:ITC "'!, I', rJ. >:, Y. Cell"': . . r:,
::;[11.'1 J: ;..:., I), COI];O:l .. \:-: !Il, :-:11t'ilT :1: I!!
111"11( ill:ll jlld!,,,.: 'J[ tll( ("I
lilt, .-::(1)11'1'11;(' COllrt. ):\\;\'r:-.'i (Ir ")I':\rlll'd ill (h,! 1:1\\',1'
111[\1 in of <):jC; Id ;'Ii !"rlmil1ni (','SC''j in EnC!hnd nn' :rI('d
!ii:i',rl: I.\,v j), l':trll'\l. Judlcl:li
:\InC'ri(,:l!l :3:2: r H ..\i)r-:ll\;lln, Tllf"Jud!l'I:11
r . ..; 1J4Ii-'2t7, nntl n, (:;d {,d. Wr: nn((; th:t! mil!I>' Ili 'lIt'
III lill' t:nitnl w\lj"h 111111/,1: Ji')Jll:i\\;.'rr jqdl.!l," )Jr\)\ldl'
rn:ll1c!:ltory or \,ollinlar;.' prog-r!1nl."', c, (1 ... 10w:I C(1d" ,\nn
CiJ2,.'j{) (G). (l\17.'il: La, ,sl:tl, :\1111, 4!J::2.)1 I (Supr.
?<.1p:;.:::, Codl' A11n, i-b-:i(j, U-II-:{ (1072); ;\10111, Tll"\', ,\I1t],
(SlIpP, 1975): Hr\' SI:LI. tTn-.;n (1
1
\7:il; j\, y, rni-
furnl ,JU:';I!t'1' ('-curt I\LI JW, \'...'\\]Ip. C,
L:\\\'. __ , 850, 11 (l0,':-I): :\. 1), ('0\.;111,. C(\dr (In
ll'rilll :--:llpp. HI;-rl): ]':1. ,\.llnl AJJll., TIL J'21' l!li0--
lY7i),' (:0<10 Anti, ';"$ ..-,;-27 (Supp. l'jirl); and [r:1. JIl J!1g
334
OCTODEH 1'[0;[\0[, ]9i5
OJ.'iuillll of the. Court
U. S.
It must rccol'nizcd that therr. is & widc I;"P bet,rccll
thc [unctions of n. judge of n. court of jurisdic-
tion, dealing with complex litigat.ion, [mel the fllnctions
of a local police court judge) lrying typical "drunk"
driver case or other tfame violations. However, onCl' it
appears thnt. cononcinl'nt is nn :t\'ailrcblr. pcnclity, the
pr()('<'s., COlllllln 11(,10 scru tiny. Sec Argcrsinqcr Y. H a", I i71,
407 F. S. (1972)
Appelbnt. nrp;Ul'S thnt. rbi' to counsel articlllnted
in .. lrgcrsiJlgcr v. [{(I IIIlill , 8ll/;,.0, :lnrl OideoJl \'. 11'''111_
"'right, :372 LT. S. :33'j llliG:3). is I1wallillgiPss withollt "
to under'stand Ihc of COI1I1sCI.
f\Pl'clbllt. also thnL th" of
SUIJS\:1I1t.i"c nnd procedural crilnillal I (t\\ require,>
,111 J<lrigc, no\\' he l:l'I:)'er5 in order lo be able (0 ruk eol'-
all the intriCAte lurking (:\'{:r1 ill some' .5iIllplc
caOl'o. III lhe eOlllc,t [)f the l\clltul'k"
it> t.o )'rnt:]) t.he qUE's.
tioll \\'het!ll'r a drfcl<d:lIlt eoulcl be COllvictecj alld illl-
"Pl)!:;.u!!cd :!iU'I' 11 in which tIl(: unl\' :11-
'[urdc,d t,.., cOlldur:lr:d by' ,Iudgr', 1'11 :111
a j]] ft rnrnlnn.l ::(,llt{'lH'C' is
rn-;uiul'{[C'c\ ill) to h(' tncr{ ?lO'l!() in court.
>' OV01' hy (L lHw}rej .. a.ll [\.])prfll
:: 1l11l1.IIlIllv "ill'alcs tlw ill I)oli(( cuUi'l. 1\)'.
,::1(l"" ;;t,,1-. '\Ill<. (1071); I":)'. Eule ('rllll. P"oc.
:'(,f.', (' g.! r:, Hrnwn]l-(', 'l'lw ,Tul.:li,:( oi Ih(l l\.:u'c
:t>:\IJI\ P()lkC" .I\\c1i::c (IV';()). Th(' hlicf of C!In'nt" New "{ork
SL1.l(l o( M:q:;lslr;ltr:: inlorlll.11 liS lli,1l" of (.lie ,sl<dc,s
th"" 11:\\'(, J\\dj!I;',:::, Llr.d;nrar(', J,'lorid:l, Idnh0, Iowa, ,:\Ii-;-
:-i.,.::ippl. I\r.\\' :\ir.:-'1('(J, XI'I" Yrrrk, :\nrth
1 )alwl.,'l, i'I"!!lh'yl\':I/d,\, 111.:\11, \\'l',"\' \,il'.l:irtia., .'I.nd
!l.Ivn lJl:\/II]:l.!or.'.' lr;\irll!\)..:"' pfw!r:tlll", :lnd (\]:1 ... );::1.,
Leu i...:t:m:t , ?lfi:,-.nllri, l\1'Y!l.d:l, i'\\'\\" Orcll:o!l,
ROIlLh VCnnUll!., :\lld 'YI<)l'r.H1.l.'in h:wl: \'(J!lm-
tnry trairlLnr; progr:\tns,
, .
NORTH u. RuSSELL 33J
328 OpinJon of the Court
12.00. The lrinl de "ovo is availnble rcfter ciUler a tria!
or a plen of in the police court: n. defendunt i.,
entiLkd to bail while. awaiting the lrinl de napa. 51G
S. W. 2el 10:3 (1974).
It is obvious that mall), clefcl<c\ants chargee! with a
traffic "iolnt.ion 01' othcr misdcmeanor may be IlnCOUI1-
soled ",hell the)' appear bd<)rc the police court. The)'
rnn)' IlC' unaware of their tn n de 110"0 trinl niler
" judgment is enlc:rcd sillec the decisioll is like!:; to be
plOl1lJll. We (1,,11111(' Lllf'I. ]lr,ji['<, "ourt judges
tI'ci1' obli;:!(\\.ioll ul1ch:r :\1'(/e1";1I9['r \'. /{[wilill. ""1"0.
"',
to illform dr,fenciallt" of (ileir to II I"",,,(>r if n ' c{l
srnlr'llr'c' uf 1'onon('mcllt i, to 1,( ililposerl. The [<\1('110<' 1 r
jucigc' I{'s(ifler! [.I<n[ lkl'ellr!f\lits of " :1I '\ 6Y.
('OUIlSr! "'(1" "the stanrlnnl PI'UI:l'rllIl'C." .\1']). \\"(, -'-1 :J
also n,sUme thnt police court .. lllrlgo, in l(elltllCk,' '-;; IV ."
IIIZC' (11('i,. to 1I1rl'l'll\ :11\ Cl)lll'lrlrcl <I('\(,IlClaI115, 'h1l\1.{;6- A-
])l(lurlilll! [lin::;0 \\lll: \r:l..I\'(,d or [(Jr. :'(110),11
not. J1'll[w::;NI, u[ tIH'Il' UllCOJlciltlOllJt n;,,<,,:, rt
lu lll:d ,Ie /,1)1"(1 niHil'\' llH'
1w h..lrrt \\jlldll 3U ill I.)rlicl' tu \l1Iplcnwnt l"lS'1l1.
K\,. null' (.'rim. 1',.0('.
'111 ColtCII \'. ;':clIillckV, 407 l'. S, 101 00721. \I'e COIl-
1\Cllt.lI(:k)'s t,"'C)-til'" ,ys(cm tilc'1'e ch,dlcilgeu Oil
We ll('\<,'I\:
"The 10 n ne\\' erial is rrhsolll\<::.
ll(;(,d not, [l1\c[!(' III Inferiol' COllrt
-----------
.if he seeks "' Ill'\\' trinl. tile j\(.'[lI.\J('ky statutor.\
scheme l'olllcln[1blcs [1i,1t the .,1:Ite IJC wiped clean.
Ky. Ellic Crim. 1'roe. 12.0C. 11rosccu liOll oncl de-
frnf=(.,l . .. The is to bf'
cx:tetly ns if it. hncl I '<'I.'n br,-,ugil(, thl'rc ill thl' first
ildnlll'l'." JrI" nt. Il:l.
'We went on to note t.il"t urged b)'
m
x
:r:
>
I
lr-,
-- l1')
3JG ocronrm TEl,,!, 1970
Opmion of tile Court 427 U, S,
for con tinning such tribunn.ls' [\1'e the "incrcM-
ing burdens on st,at.e judkiarics" nnd the "inkrest, of
hoLh the cldendnnt and the Stnte, tD provide speedier
nnd les.> costl:,' ncl.iurlicntions" than thoS(' provided ill
courts "where l,he full range of consl,it,ut,ional gU[1.rllnt"es
is available "Id" at 114, ilIoroover, stat" poliry
t.akes in to !lccount, th:1t it is a convenience to those
charged t{) be tried in or n('[lr thclr own cOlllmutlily,
rather than tro\'c! to a dis[:cnt court ",,11['re [I ]aw-trailtt'rI
judl(e is provided, and to have the option, as hcre, of n
tril\l nfter rcguJnr businc,<s hour,s, 'IVr' t{)ok Itot" of
Ll,cse pl'"dieal consirieratiolls in Coiten'
"\"0 [\I'e not persundt'd, h01l'el'er, that the J(enlurk,\'
for uC'(l\ing with Lhc less
disa(h'nntngl)S defendnnts uny morc or any LiJa.n
,'ontluctecl in a court of gencral jurisdictioll ill
tht' Gr,l instance, n, long n.s the latter nrc nl\\':1.\"
;l\'r\ibl11l', in thr 11l1C'riclr nrC'
,:;:!illpll' :lnr1 If t)\(' 111 C!lll;'ll':'
<'a;!(' [\J'C n.n:,' n'idf'!H'l', P{'llHlt:' it,; not l,hnrucLc'l'r
;;;r'\'('re, Such (lIlrf n r1c(\..'ndant
the OPPOt,t,ul\it.,' to ahou, the pros('cution's'
ca'l' :\I\d, if t'hOll't'S, h0 lIt'cci IlliL 1'(.'\'1':11 his 0\\'11,
He lWl\' ;\],;0 )1lcnrl guilty \\'llhout t, trial and
promptl)' srcul'e n de 1i0VO t!'lnl in n COUl't of gon-
eral criminnl jurisdiction," /d" III l1S-110,
s i,','!? in Coltell Y, Kf'71lwl,:): Ih'1I, in the
lnhllnnl..::, "rsJomc [S/II((,,'), 1(('nl\lck)', do nnt re-
l'()I'd \,rl)(,I"'(.,(11I1I;.; :IIH1 rIle" 111)1 lH) tr,\jncd [rlr the'lr pq"l-
lint:.:: \ h,\' {'x),rf!!'!H'I' M ,"rjl(lll\inc;,fI .1
1
17 1.-, fl.! 1 H, W{' tao)..;
hOIr: of the l\('(llurk,\' (If C'n!11.l!lcrlt "'the infenor
nrl" no! M \''luipped 10 f'[)!jdllct tri:ds, or
to full rrCOL;"llilill!1 (.lJ' tDnslil\ll:flJl:d iTl'{,dnm:;, Tbey ttrc
of r.0rt\ In pr,m iu[) spC'C"dy aBel Il1c:"\l\, or

()f ()j mir'll}r Co/(en \" Cf)mmonwealth,

"1{j1 Q. \V, 2d, J;l.1.. ,)/(1. Id .. at II (.
) ,
,-
" "
NORTH v, RUSSELL
3.37
Opinion of the Court
'Under Ward y. Village of iy[onroc1Jil1'c, 400 U, S, 57,
G1-62 (1972), np]lellunt, th!Lt he 15 ent,itlctl to 11.
in the first, inst[ll\cc, There Lhe jUd';8
was also mayor nne! ti,e \'illn"e received 0. subctan-
tinl portion o'f its income fl'om fines llnposetl by him n"
judge, in TLl7ney v, (Jill'O, 1.:. S, 510
(027), the challo11),:I' \\'as directed 110t at, the or
cdlj('ation of the ju(k,' but at hi, I'cl,>iblc Gin" <lu<' l(1
interest in t.hc of thc ca<c, because us in .1[UII-
rocoil/e ho wns both ma,'or nnd Judge reeci\'Cci n
portion of his COlllllonsatinn ciirr.c:liy fro11\ the fines,
Fintlllcinl interest, in til(' fincs \\'elS to rtsk a
Ilnosiblc lJias in findinf( al".1 the amOullt of
1i,H's, and the Conrt, fOllnci til at. I'o!I'litinl [or Gill"
i Inl'crm iss i b le,
1.-nr!cr tho ,Kc'llt,uck)' ,',',qnm, a,s we notc,r] i:1 ('ol/CII, a
r(ln Ill\\'O all il1it;:11 tt'I:,1 hdl"'" a ltl.\\'\'ol'-,iu,li:r
til" \lujil'l' {'f),lrl, tilt; ... 1,\ th:JI
court and t)I\: r/t' 1](1)'/1 1l'1:l1. "l't';I:-:1\lg , . , (\11;,'
Lllal, ',\'(')ujrl (,llllt,'j'\\'l:--l' j'olll1\\' 1'\'1.1111
tht, li!Uil!,VI plcl\," .\1.17 (',:';" at
Our' (,onl'Cl'n in pri,,,' ('a,"" \\ :Ih .inrlicial fur,r'liOIl.' k,
lwriormcd l'Ioll,iurll<'I:l1 ollkcl's !la,' :11,,' h",,:, cli-
rrc(er] at thr' lll't,d for illri('jH'Il(ir1Il, lll'ltl!':ll, :1il.J d(ll:\dlrd
iudgll1el:r.,. not, (\t lr>gal trl\:nill,l.:, Cl;[)I'irly(' \', .YelL'
,\0:3 'C', S, ,lel:3, -\-\<),-1.,j3 (10711, Sec :ll,o,
c, 0,: Whitrlcy \', ll'o re/c II , -lOJ 1.
1
, S, ,jljtl, ,iii\ 110il);
Kolo \'. United StU.l"8, L :3, .'H7, tl%/);
1I'ollQ 811/1. \', ['niterl Stoics .. .',il r, 47i. .J,sl-'c'::
il!lC3). Ycr S/{(]r/u:ick \', rilil 0/ 'l'rllllpn!
407 C, :" :l,j;; I, (Ire t't'I,'\'al1t: 1n)' nllri
othr.r ,illlhcin.l ufllcC']"s Clllj)l)\\,pn'c! l{) iS51H' warrants. must
deed \\'jth e,valuation of ouch Ieg,t! as probaulc
cause !\lld t.hc sufficicncy of niJid:t.\'il.s, Indeed,
33S
OCTOBJill TERM, 1975
Opinion of the Court
127 U. S.
in 8hadl1'ick t.hc proll11ble-musc evalur.t.iOI1 modo. b), thc
by Inogisl.mtD rebtDd to 1\ clmrgc of "imprcircJ driving:" ,
(3)
Appelll\llt's secolld claim is t.hr.t. Kent.llcky's cOllstitu-
tionn.1 pro\'isions eln.ssifying cities by population fwd its
stl\t.utory provisions p(rlllit.t.ing by judges to preside in
soille cities while law-trained junges in others
denies him tne cque.1 protcc.tion g-llamlltD{'d by t.he Four-
","nt.h :'uncndrnClit. Tjo\\'cvcr, allileopio. within a Sivcll
cif.v nwl citjes or tb.c_s:mw c:jzc nrc rglla)ly,
-Thl' l\clltuck)' Cour, of !\ppc:\ls in DiUy v. /{a7llpton.
"'I)m. artieuhled reasollS for tilc rlifierillg qualifient.iol"
of jJol,ce cO'II-1 jUIJ.ges In cit.ies of (Iin-olrl\l. size:
m
-,
"I. Thc grl'nter volume of COIlCt husinr's" in (h,:
hrgcr cilies rcquirc, t.IIO\1. jurip:r., 1)(: :d.tornc),s (0 CI\-
:lhll' II", COUrts tv rrtiei:'lill,v alld r'.\ilE',.Ii.
ti(llhl,\' (lloL ",iell lIlore

I )
11lOrl' ::\,:libIJk in tJw 1,\1)[('1' cj{je.::,
oI:L Ti1(' J:tn;t'!' C1UC'S ha\,(l
-<O'IIT('.' lI'ilh which to pro\'itir 1)('ltI'!' qu:difi:'d
-<Olill:'/ lJl'lkr fur ,118
- S. IV. at. 77G.
court. tlien noted: "That. pupuiat.ioll M":\
(:v.turs l\\it!, .illst.if), lI'it.i,in It "0111'1. ,)'.'_
t('11I lin., IOIlp: hcr.'n rccogniz"rJ." Iri., at. 7,0-,77. The
Court. of Appeals relied upon Missouri v. Lewis) ]01
'In Slladwlck we eautiollcd:
IJ[OJl!r .":ySlfllll wr\.rn,,,: (jr COIIYOI tin,!! drsir,l,bic praC'ti("{> in"J
{'on.'ititll(i\.ln:d CQJJlln:lnUnlC'Tlt. It. rC('!lgllizf':-: ill pltlf:1) :1!ld . .:('
:l,1'1\\iliC'.:'; olle In l1:'.tion:iI innCl\';'1.tion :'il1U \'itlllil)'. .
,'\rr t'n!iLicd tn Seme [lexibility nnd It .jQi t,
: .
353-351.
.. /: '. '.
)', ."

...... "
"
,
NOHTl! II. ]lU8SELL 339
328 STEW)' itT, J.) (hSscotml;
u. S. 22 (]830), which held thflt as long n.'l all people / Ii
t;
AA
within I.he cln.ssilicd arc l.rcl\ced cqu:clly:. (. J
"ElICh Stat.e ... rna:-' rst.'1.bllsh one syst-crn of courl.;; ).
for cit.ies E\l1d allother for districts. olle S':5t>2111 6fi1
for one port.lOll of It,\ t,r-rntar." "nel ."nother S) 5 t-e 111 J
for nnother porclOn. ConVenlenc.e, \f no; Ilcresslt). .,t-
oflen rcquirr'.\ this tl) lx dOllc. l1nd it. would .<eriously 'il' \
illtcrfrn, lI'it.h tlw power of !L St.ate I.(J its
. I' . I .. II ,
internal alTairs to del'Y to It t \15 flgdc. 0 .. a,
30-31.
8,,8 Solsburo y . .1[ar!llallri, ;'16 l'. S. j.1.) (1054) ...
Fall ,' . . Yew ror/:. 3.32 C S. 2Gl (10,17); .HOII'-' ,'.
Co'lrJill, 400 F. Supp. 2:3 I ED:::r )[175)
courl.). ,llmlnorii!, ,,1Trl. C ,C;;. 10Gi' IID7l".
\re conciurl" t.h!l.t. lilt' Kenl.llck)" t.lI'o-licr COliri
\nth lay illrlicin.l ()fTlccr,t; 1\'\ tllf' )Irst tll)r Iii sr!1:l1k;-
----- i"
Cit,it'''' alld of ]"(ljin \)"1111 " de !,III'O In'] Q,
t.raditionally in\\"-tnUlH'd illrkr. III Sl'l'(1I:rl )H)t
\'jl)]at(' (.hc' due' pr(1('\',:"S (11"
:111tCC'S uf (.)1(' COl1:::tltllliclll oTlT;;'Gi-UTZ:71 J.ccord
ill"I)' the j\ldgment \IS IS
;'lIn. ,]vSTJrE llnEl-ix.\x concurs in tlie result.
'-In . .Jl!STfn; Sn:n::;-s look no purt. ill con;:der:\tiOl:
or deeisiol! of this cuse,
Mil. STr.WAHT, with whom Mit Jl-i;T!O; :'Il.\n-
SlIALL joins, clisscnting.
Lonnie North \\'1\., illto 1\ Ti:0ntLlck." (,-il\\inol
('ourt !l.ne! there tried, cOI\\'ic[,,:I, ,\lId [0 a tcn"
.. b J ) l' B l'ussell Judce l\.\lsscll
of l111pnsonment )' lH,ge. '. . ,,-. .
is Il. coul miner without an)' legal (ruining or edueaclon
..
;1- J\
oc;rOBEfl TEJ(M, 1075 /fj
",0 Y,(I
NOHTll l'. nUS-SELl, 3-11
328
...'> J .
whn-U:vcr.' r believe thut 11 trial he[are suoh IL judge \ltV ,<Jc.;ntrY if
Sn::Wr\p,T, J'J
427 U. S. STEWMn', ,L, rtisscnting
thnt in the imprisQnmcnt of the defendant is'
con,titutionnlly intol"r,dJIc. It. deprives the nceuscd of II
his right to the eAcct.ive assislitllC(' of counoc\ guaffln(<?cd .., '.'
Il}' Sixth and Poul'tccl1t.h Amcndments, llnd deprives I.J"
Ililll ns wcll uf due prOces.' "f law.'
1 .1t ,q:tlr: ha\)c;',\. r\1fjlll<; hCi1rinc: I'onr;\tllkd'
"1 think lhc hct br'f'!l til:ll rJudp:e )::.1 110!. ,1
l.\\\}'r>r. ))[: dllr.5ll\ kIlO\\' ,'\1:,' h\\". lw h:lsn1t slwiicd :'\1\)' 1:-1.\",.11
,TllOC::
p
Hu.:::c'li til:tl he h;lrl ullh' ;\ hl!:h ::c!lOQI
Iir. h:td 1)('\'l'r fr:'(,(,l\'rd :1!l:" trill!)!!!!: COllcrrtlil1j! }li5 dutic-;.; :l,!; .'1
1.!:' Tlli.:; I" IHlt :l tIH'rr>rorc. '\ 1:1\ lllrlc:l' who
T('rf'l\(.ri i\l!lt: OJ lr'\!ldllrf Ill'.!. . ...::I"!( .
'I:!,I\ I'I"I;,I!- ..... 1'1 (.Iill'. :;;;:3 .';.'jl.l1. ,j,
.\ ,,,[lid,' (I) (':lll(rlrnl'l';: 1:\\' jllcicC' . ...: ll1:!dr in 10,:2 "')lo\\'L'd !lJ.1\
h,t,1 '10 ('IIIH':llinn ix'\nnr. hi[!"h wild!' h.'lrl {'\'I'll
.. rj.i,:,lhm (;0(1/\11,' ju.,i'r, C'tJurt. ('.II. :{.'(I II ;-,
:)':.-) I'. 7::!, 11 :-.. \ :;11l",'('\' fC'\'f':ti,d JhilL ('11k ,j% cd I"ir-
i:':1r.i,1..':i ,iIlI;;Tlr.'!'3 or !hr )'I'rr' "!I:If'(:!:(, !!r':II]II;I1' ..., \"0.. 1.J
HI.'''', lDl, 177. wi!i!I' in HI:lS nIl' -il'd[ r,'- \\'".' had
ll!d I.Cl;/lrdr [ld III!..:] I .::., hllll:, \""". \\'. \ :1. L ]{I., 111
!(}';'I, th, \"l"ilill \:lll
h
',I'\' I;,ll'r.,1 ": ,\I], ..... I ... I)li'[ '\,:11 !!1!'
,jl:.!;;': :1.\ Ii .11 1)[' lill' ill:-ll(L'" Ill' :;,l' :Il'{'
111<1111'11 III 1"jll''',li
1
il\:1i' III !III' 111"1 1)lr',\' 111I
lillt II[ ll:1' 01"111('111, or bw.
"
lIr>:Jrillg;; Oil
.11]';))1" (If i'I'.1!I ,'UII! l)lfnrl' I hf'
,111,1\1'1,11'," Ilj' j:, JllI!.:u Xt'\\1'0mi), 'I'.lo({,d
II', l'nll:!llr':ll .. -1-/ 1. .. 1 lUll!.) 11, :',1
:.11 IWI) .r.:i'\lr {1,IJr", 1l:l\C' hold ,'\ l)'i:1I \iui:IIt'.-
III" !:l1ikci (fordO'1 v, J\I.l'Iicf; Court, ,W}!f(l:
,0.:./" \', J071I'!)',. :\0. Jud, J)bt'l Junn ;l.
10;-.)) .
CrllllClllror:1fY of ,\D1C'rir:111 cnurt. :::,rstcmo;; h:wIJ brC'11
1I1l:lllInlrl1l3 ill for 111(' l'li!!lill'dl()l\ or l1(1IIi:I\\'YN judl:!v,'i. ,Sec
:\HI\ nil ,sl:lllr1:IJd,! IJf .1tlfJ!ri:d ,\rjllJin))1.r<'1.tiQn
J
Coun
1:21 {l!l711: ;"\'(I!illl!:d ..\d"t",:uf!' COIl11l11.-';:::llln()n Cri)l!-
ill.1! II.' r:liI] .. , Fun'(' ]{I:por!; S!r\lld.
:trd ,t..l (lCl73); Til{' ('nllllll1....:.... ... ioll 'JII L:ll'. Eni'Ofr['Il1,'!\!
:Illd ./\Jmllli ...arnlion ()C ,jlHicc't Forc(! licjlIJrL; Tltr.! C(luns :3G
,
I
A
The rensons why licfcncln-Ilt. in {1. criminal trial needs
" bwyer to in his defense l1!lve nowhere been bet.ter
put thnn in thc oft-C'jllotcd \l'orels of i'I1r. Justice Su
land's opinion for the Court in Puwell y, Alabama, 287
U. S. j5:
"The right to be h"anl would iJr, ill Iilany easl's, of
liLlie if it di,l not "()l1ll'rchrncl the right (0
be hr;al'c1 by OOUIl5('1. Enll thl' intdligent and ccln-
""le'd inymnn has anei sometimes no skill in
t.hr' '('ience o[ lnll'. ff charger! with crime', he is in-
cOI'nbk gel"'r,,II)', of rktrrmininec for Ilim'l'if
",llNlier t.he indietlllcnl. or He is un-
familiar with the rules of eVidence. Ldt. \\;tilont,
the "ici of eo((n.oci 11<' 1\18)' be put on trllli \\'ill,o((t n
proper ehurv,o, l\l1ti cOI1':ivted UpOIl .inc0ll1pcl<'111. cn-
eicllcr. or (,\iclence irl'olc,""n1. to tilo lesue 01' other\\'I""
"llldl!1i>"ihl('. fil' Inch botl< tlw lOkili l\lI'i kllO\\'I-
,-'dgr: ,'1dequHtl'1,\' to pl'l'pnn> ili.t;; (':'11n
he :t jwrfl'('t (111(', I Ir rl'<luil'r.:::.:
1)[1..111.1 or ruLln::::l'] :11 ('Vl'I')" stl']l in Ilw pJ'l)rrIJd!ngs
:I.'::lil1,t hil1l. WitlillU1. it. 11,0\11:1, he hc 110t,
ill' t':\('('s t.11\! d:',l1P:Cl' or (,()ll\'ict.iOl1 brC'.'Hlsc ho doC's
11'.>t knoll' lin\\' to rstnhli,h his il\nocence." fd., at
IiS .. liD.
So it was beginning: with t.he ('.1]1il:]1 case of
POII'ell v, ,Iiaben"n, S'I)!f(l, ,'xtcndilig through 1.l<e jclo(1)'
(,.'1s{' Gl'r/con v, Irail!ll'r{oht , U, 8, ;)35, [tnd C'lll-
J11inatinJ': ill til,) mis(kllH':1110r Cl\se of .. lr[lcrsill9cr Y. Hnlll-
(10G7): ,\u ... i:,:of!' Cul11mi ........ illLl ull llltt'Il!U\'C'rllll1l'lll:il Hr:-i:'lli-:'lll:::'
I.nl':iI HI'I::LIOIl) ill lilt, Crill]!ll:d SY,-:U'\l\, Hr'l'OJ!l11l1'1I[bt:oJ1 _1
(1971): or tl'tr' Canl('renee on Ihe
,judici.,,")', OJ J. ,\m. Jud. Soc. 20, 30 (lUil).
342 OCTOllEIt Tr,ItM, mi;
Sn:W.l..RT, ,T., dis,:;r.ntiTlg
.427 U.S.
lin, 40i '(T. S. 25, t.he Court's decisions ftrmly established
thut !\ person who has not bern accorded the constitll-
t,iunnl right t.o the L\ssistnnce of ooun&:l cunnot bo son-
kneed to even ono ehy of imprisonlnent.
But. the essential pre:;uppositioll of this l)a.,ic eonstitll-
tionnl righ t is thut the judge conducting (rin.] will be
able to understand wh"t the lawyer i,<
auout. For ii t.he judge i.< igllomnt of the hII',
thell he, lno. II ill be incfll'abl(' Ilf whelher the
cl,nr
h
" "is good or I)ad." Ile. too, will be "unfallliliar
with the rules of ol'id,'nc('.'" ll1\d:t I"wye'r for \.he
J ,iwlc;f' Hu,<:;"c:cll (hr:t ill' ]I[\cl 1\(;( rC'cc'in'<.l tr:lininl!
;Olll'f"min!l' rnjr"'1" or ("\'idr"llcr lh",t he \\'.11:: j,'1.Tl'llil:1r ".\'lth Ih('
r(':;1(il1l; III ,itlr;: with the KC'!1(ul'b' rllil'.1
pf l'rimitw! proC'r:'d\1rf', or with :ltr l:11ar:lntl:'rd to n. d('r{'lld:lIIL
in ,,\ rrimin:1.1 \lndrr (!if' Fnur(N,'nth .. \\lll,)\drnc:Jt,
l'h('> or ,,,\ ]:\Y 111:1/-:i-II:l I I.' in :\ f-:rl\llh C:lrullll.'1. jlfl)-
;\:1U(];.;r of the in;lticqll:ltl' iev.:iI 1);'rk(!T0Und oi
IIfll1i,\ \1 jlld'-.:(',<;:
Irk\: book.--; dtl YOl: 11:\\,['
:\J:\[Ji:-:lr:lte?"
.\f::.gISlr.'1.1C' :.rcr.f'I'J(jol1: 'II grit ;\ ui \'IJI\lrne book .. irOUi tho
mCtJ \l1'!hOIl"l' whl;'l1 1 .'!:ot th('> ,ipb, lipk n'd
>< I'Q, bo[)ks :nc r!Jn:-:(' '''ir, do YOH knuw LlH' of
:J-{iI(:ln ?!I
rn ,Mcl..e\1uon: sir,
--l "Q, Tell me Wli;lL your \11HlerstJIH1111b' of Illt.', C(1nc (II
i5 in the C()de of :t.'.i yO\t unclcr-st-and ?"
i\lcLcndon: I/Well 1 IIC\'cr h:\\'c done :Ln)' rl!oviing
ill
"Q. You II('\"N h;w{' n:1cl flCl'MiOIl to rrfcr to it,?"
;\fnr,-blmtc I\'Icl..<'mlon: "No. 1'ir," oC Hob-
ert. ;..rr,unc.ion, Ol::t. 1.)1 1074, p, 110, y. Ciy. No.
74--1074 (oe 15, 107:;).
gr,ncrnlly l\'o!e, Gl Vn, L, Hr\. i.LSi, }i,SG (l0iS); 1'<"0 l(' 1 10
lInn', Ci .... nigli!-s-Civ. Lib. L. Hc ... , 7:1D, HG-i.15 (l9i,lj): NIJtr"
IiO W. 'In. L. ltc\'. 3H, 3',:l-:12!; (1\)G7); \;umm,nL .. <1 "li.<s. L. J.
ODO, )(X)'I-IOO3 (1073); Nole, 53 01'<'. L. Ho\,. ,11, ,23--430, ,137 11.
137 (1074),
" .
,,' .
,
,'. ,
'.
NORTH V. RUSSELl, 343
328 STI:W AnT, J '/ d ls.scn t ing
. defendant will be nble to do little or nothing to
llil unjust conviction. 1n II trilll before such II the
constitutional right. to tho nssistl1llcC of counscl thus
bCCOlI1CS [1, hollow rnoekerv-"It tC[l.,ing illusion like"
munificent in ['. p"uper's will." Edwards v. Co.l-
ifomia, 314 U. S. 160, lSG (3:lckwn, J., concurring).
D
II, t.his Judge l1ussell c1cuiccl a Inotion for trinl
b.v .i ury, ,,It.haugh ](cnt.lIcky hew ?\orth ckarly
cnl.iti('d [.() 0. jury trial upon request.. )'y. Con st. S 11;
](y. Hev. Stat.. Ann. 2,3.014. 2G.400 (1871). And
finding "'orlh Judge nus"'il proceecled to
ill1pose of illlprisonment, altho\lgh such a
sentence \\'8S cleudy lInaut.ilOrlzcd by J\cnluckv bl\'.
l\\,. HoI'. St[\.t. Ann. 189 . .520 (2), IS(1.900 (10)(['.)
(1(171).
But e,'Cll if it lI'ere not possible t.() dCll1on'lrntc in
. ptlrt.iclIbr Ctl.'C t.ho.L Li'r 1:<." Judge h[\.d been incoll1;)(,'
lrllt or t.he egCl'giollsl), lInfnil', ) think t.h8t al(l(
trla.l bdorr 'J h,' ]11,]':" jl)jlt jn the
11ll]Jris:nnll1Cllt. l!F> niH' Pro(cc>s (,ioIJ<.i[\ 0" ,'1\('
FO\lIiccnt,h :\IDcncimc:w.......1'IIc. Court litiS 110l'CI' ITqUII'l,d
[l showing of SJleeiGc or inclividualizoc1 prejudice when it
\l'ltS tile procedure itself lktt viobt<,d due' prace" of
luw. "[j\Jt times [C proceduro employed hy the
il1"olves such [I. probabilit.y lliut prejudice will result
th"t it is deemed inherently lacking in due procc&3."
Estes V. Tem" 381 U. S. 532,' 012-543. Sec Rideau Y.
Louisiana, 373 U. S, 723; Ifamilton V. ,11-0.0(1./1/(1, 3GS
U. S. 52. . . . ,
A trial juclge is "chargcd with the duty of lllSUrllIg tl1:'t
justice ill the broadest sense of th"t [.('I'm. IS n.chlOycd 111
every trial." Farctta Y. Cali/or,,'CI, ,122 F. S.
80G, 8.3D (BunoEn, C. J., dissenting). See Geders Y.
'.
..
34-1
OCTOlJER TElUII, 1075
Sn:WAltT, J.
1
dis..<;C'l1ting'
127 U. S.
UlI1'{ca Stoic.>, 425 P. S. SO, SG-S7 .. Among the critical
fundions n kinJ judge must frcquenLly porform are
the o.cccptance of ll. guilty plc!1, Henderson v. ,\forgan,
42G U. S. G37; the det{>rmin<ltioll of the volunk1.rincss of
a confession, Jackson v. DeHno, 378 U. S. 3GS; the advis- .
ing of !-he defendant of his tri:ll rights, Boykin v. A la-
Dama, 39:i U. S. ns; und the ini;truction of n. jury, flol-
len/weit v. Unitcd Slntcs, U. S. G07, G12. A judge
ignor:lllt 01 the la\\' is simply incn.pn.blt of
the.se functions. If he is of his incornpetenec,
a judge \\'ill'prrhnlJ' inst.incul'l'ly tU!1l 10 t.lw pr('.,e-
for ndvlce :lnd direction: !3Ut such n rrn.cticc no
more than compouncis process violn.tion. Sec
III ru Murchison . . 'J.!Q U. S, 13:1. LlG.'
Thl' KCllt.ucky Comt of ,\pprais chrrracl<eri7.cd the kind
or trinl thal took herc n.' 1\11 "absurdity." The tri:\l.
\ (unrecil,ld lh:ll lw rclil'rJ on llll.: cIty ;lttOrllC.i' rr'lr
kJ.::.'lJ
"q PriM to )'i"J\\r :"I.fil'"i:)ilnflIll Cit.', .fllug(' .. kHl yo\\ h:\J
:"1.11)' jlte\'I'\u!-; Ir'c;:l1 c:>:rt'rjr>ncc \)i :tIl." kind?"
Judc::(' nU"-''l'II: ":\"(1, i-ir
1]:1.\'C' ;,ou )\:\(i !Iny r.l :11'.)' kir\d
,", i'i"'" Ii n! m c'n t ? I'
Jud..:'I' J\u:-,,'.:cll: "\\'('il
l
lhr Ibillg I (',"\1\ 5:1) I if 1 1\1\)
m tlnul)t, 1 j\J"it \\'ith the ('ll,\' h:, ..-ycr
I'Q. Anci !Tl'l'\\'r. adi'icc from cil:' dCI
yuu iollow til:\!. nd\,ll'["?"
ttl J\\[\g-f' r:.uS';cu: "Yu, .5ir IJ
!11E"'() DC'po.s.d Ion oi .\hglstr:ltc Holx rt McLLn.don, Oct. IS,
f). 1 J (j in F6cr.sOil \'. Wcst, Civ. (SC f.hy 15,
p 1815) Ihnt in ('\,\'11' o[ request [or jl\(')' tchl he "would
to J'dr, [the: county attorney] :J.nd lind
. out. I 11:u1 to dn"),
0-11' Hr.\'. 411,f-,"3() (J0ii); Nnt.c,Gl Va,L.Hl'Y.
H:i'\j n. ('j (1075); 10 Ibn'. Civ. Hi!;htu-Civ,
......!:) I.,IU. L. 739
1
755 (1075).
. ,',
....
.
, ;
NORTH v. nUSSELL'
328 . STBwAnT, J" disscntinb:
in my view, W[lS sllch [1n flbsurdity us to a gross
dcnial of due process of In\\'.'
II
Tlie Court seems to say that these constitutionul defi-
ciencies cnn all be swept under the rug find forbottcn
becau,c the convicted defendnnt mft\' hnve [l triul ric MUO
..0.r.e..<1 (ilwliBed I cannot '\.i!IW.
In Ward v. Village of Monroeville, {()Q U. S. 57. the
COllrt mn.clc elcn.r thot "the ,C;tat{>'s trial court proredure
[cannot) be deemed constitutioll[\lIy [1cecptable simply
thc Stat-c c\'cntu:c1ly 00'cr5 :e defendant :en im-
pn,rtinl udjuC\imtion. Petitioner is cntitled to ", "0
onrl tlctn.chrel jllclgc in I.c first. ins(o.nc['." /,i .. at
CuI/all Y. 1V,ls!) 11-, 1:27 U. S. ,)-10 I ri!,ht. te, t.riul
1.l.' ,iur.v is right to " .iury in Arst in'10nc[').
Th(.' Court wou1d clistin(:ui'iJ ill(' Wenl en.<e as "eli-
rcC't"cl at. the IlcccI fa]' incll'J)(ndcnt .. lJ('utral. "nd ,iclacil<,d
.iuc\[l11C'l'lt. tlot "t icog,,1 tmining." ..tl/lr. al :':l7. But
SUI'I,1\, there call be nO nll'nllingful constJi.llliol1:\i clili'cr-
"IICC between [\ tri,,1 t.hal is flll1cial11cntl'J1v hCl'au""
oi lll(, jucl)!('IS po.'-:sibk nnd 011(, th:l\. is [undtlllli'lll:li]y.
llnf:lll' bl'ccUSG of the j\ldgl'." ignom!ll'c of law.'
-
r. [.(','ucilv of l.'1\\'\'cn; or 10r:."I.lk in .,\,'.':l:$
('[1,ll]wl. t"::'rV(" 'tg j\l:lliy In:'!!." '\:\1t'11 ;'1.<: ! l:1n, 11.1 r.'!C
:'-'::I1nj)\c>. m:l1l:\gr:d to (\('\'\<:1' :1. rowIIIUlI011:lJi:'
('Yell t.hough 1nrbc Dr lbC', ;\I'\,
:uld 13 01 its 29 N\llltl<'$ hn.\'C' two or [{'wcr l.i\\ycr:;:.
Cl<lli II011:5C' Dill No.1, 197.1 "l""2C'in\ .1IllC"\\Cung 1,11,111:
Code Ann. 78-5-"1. ,,"Ilcrnlly Note, 10 lbrv. Civ. lllghl.<;-""
Cil' LIb. L. Rev. 7.1!l, 763-767 (1075).
t Tho' Co\1rt's rc!J:tncc on v. J{cnlucky, 407 1}. 3, 101, is
mbpbccd, Tho quc.!'tinn in. CoUrn !lot wln'lllor 11 I.rhl of the
kind ch:dl('ngcd here' i'i C'onst.itutiol1:1l1,\ ,-:1\id, bUI quite clin'("f"{'i1[
qticstirJH whether !1. grc'ntc-r c:'Ln illlji'Y''\l Oil ddrnllint
iolio,,:ing a tri:l.l novo WilJ10U(, v)olll.t.i.ng Nvnh ?, ]'ceree,
30G U. S. ill,
)
':r ..
OCTOBF..R TERM; 1975
&rrw},rrr, J., mu.s.
And the Courl's suggeslion lhnt n defendnnt hnled be-
fore n In.)' jud"e can prolect his conslit.ulionn.1 right<; by
simply pleading guilty and immediately s<:cking a trial
de 1I0e'0 is wholly unpl'!"su;.sivc. First, t.his argumenl. as-
SUmes \\'ithollt n.ny factual SUppOI-t that the defendant
will be inforlllccl of his right lc trial ric 'wvo.' Second.
the procedllrc would still lICCes.,itatc Illultiplo court a/!-
pCllralH'Cs. ,,[ the cost of both delay and an ine!'caseU
financial burden fa!' alt{)rIlCYs' fcc's ancl court cosls.
TI,ird, a praceiec \\'ould turn what should be [\ sol-
emn court procecdinl" .ICc lJoykin v. Alabama. 3D5 U. S.
ill to nothint; nlQre than a sh"m. Tn short. I Wilnot
c.('c('p( Ll1l' suggestioll th.1l. ," n (0 n consli-
tll(lonnll:' [:lir I.rilli. a ridcllrlnllt !1lust stl1nd lip in opell
court IIlId inform a juclr;c that he is guilty whcn in [act
lie bcl,CI'CS thnL lie is not.
;\t I1llnll)'rneci(' ill 121G Eillg John pledged 10 hiS
I)IIIU'" thnt IIC' \\'ould "lIl)t make nil,' Juslici:lric.'. COil.
,;:":hr'l"I1rf', Or B:\iliHs., of su(h 8!' kiln\\,
tiH' !.o\\" o[ ti,e blld C'.11 t:1 4). Tod,,),.
Ilwn' thl1l1 750 )'cnrs Ink!". till' COUl'e lwvcs that. proll1-

I rc,pcctfully dissent.
rl'l'()rrl illrii{';ltC.5' Ih,1! \'orrh w:\," 10
m :dtrl" SC:ltCIl-:j111! :1110 ub{;;illC'd hi:: fn:cdom Old\' whc)) the
><: ("orpu.:' COllr1 011 1 h0 folln\\'illg d:1,\' l"I/!Ill'd :\ \'.'r)t ordering
:r: n'!c:l:'(', It. is fhat Xorth would 11:1\'(' SI){'Jlt the
- llit.:ht ill j:lil it' he h:1d l)l.'l'J) lold thnt he could ;J.\'oict j:d[ sHl1ply by
n,.o::bn!; Jar tl. trin! de novo,
--i The" Courl :lIm :-;(,,,,1('5 th.'ll Krnlucky polic(' ('ourt
jud.!n.: will .vbi"ie" dc[c!1d:1Jlf . .-: o[ tlll.,jl" n:;ht 10 and that
l> will nrkit::C' their uf tllrlr rif!ht 10 ! .. trial de 1101.'0,
,c;:.cr:' :I.t. :),1.). :).<':.,,;ulllp!it."fl i" :11"'0 o( in
I llie prl'<cnt -rccord. n",,-<,11 slnl"d thai il IVns
CJ1 sto.ll<i:ln.1 prorcdurcl!' to (l(h'i.-;c d(!fctlcbnf.'1 (I( lh<"ir rlg-hl to
}.I hl! W(I.'j unwil!illJ:; to Ill' :uhi."cd :\forlh thi:i
(j rrJ;hl, :tJJd Norlh unrc.scn'ooly LlHl.t be was not so
f
,.
--
.
, : ...::.
"
)
" ..
ELROD v. BUR.NS
.. 34i
ELROD, SHERIFF, ET AL. v. 'BURJ'iS E1' AL.
CER'rJOn.<nI TO TIIl: UNITE)) S'r ATCS me; n1' OF Al'PC U .. '> Fan
THE CIlI.CUrr
00, 7'1-1520, April 19, 19iG--DccicJcd JUlie :?S, 19i6
Hepublic.:JJls who .'\fC of
CryJk C0I!nt\', 111., ShcnIT',s Offirc, ,l:ll1L :\.': ,:\
cl:lss :\rtion lor dC'cbr:ttory, injuncti .... e, :::lI1d ol1)('r rclif'r ,"J!;,"JiIl.c:t
mcJuding LIle eicc-lf'd ,ShrriIT, r\ Dr!l'1oC:f.1t , nnu
COl! !1 h.' DrnllH'f;>'\'lr tllaL in Cli
tIle Fir:::! rotlrtecllth AnWnr:lmC'llt.<:: :tnt! Y;lriout: .s1c..(IIIf;.':. in-
cl\ldlflS- (11(' Ci\11 n q.;:h!s .\ cL f)f 1 ('nl.:: \\'('rc
or (111 111(' en"e of one rr"]1Clnd,'nl I !l1r(,:ltr!1M \',1th [nr-
Ihr- rC':1!,r)l\ th.1( wrr(' 110t nlfili:\!rd \yith or by
thl: Drmol'r:ltir P.1riy. Finding' lh.'\t r("'.3pondt!l(s 11<1.rI f:lileJ lo
sho\\' irrrpnr,1blc Injllr,l', Ole Dl:"tnrt. Court d811kd llirir motloll
for (L lnjunr.'tioll :llld IllC'ir ('om-
pbillt. rllr i.1ilurr to a {iJ:m \.lli1'11 r'f'llc[ "mild h'2
'.!I'.lnv,d T1H\ C01]rt of :\;ljlJO;tI:: j'r\f'r ..""I, :1!1d r,'m;illdl'(! wi: h
to rntcr :lj)pfl>pn:ll(' :-['\11-1,
fl!l'd: TIIC ;Jllirll1l:d. PJl. ;:;.jj-:)i1:
5(18 F.:2<1 1133, ajllti;1Cd.
,]unlcE P,IIE:\:-';AX. ,ioillrd by :'Irt, I\'IIln: :1;l\1
JI,..'5TJCl: \L\ftS1HLL, ('c)Jlchldcd thtll:
1. "l'lther ;.he poJilic31.qilC<tioll uoctrin, 1I0r the '<'r,,"linn.o(
PO\I,'('f:-, cioctrinr 1)\.'1\':C'.0) tIll:" r,:lCC for judkL11
!\llillll. lllt'.'r fllia, noCI r'me to l.he fcdcml
t'.'l !he 81:1 (C-,;;. J1 11 ,
Th'c- pnl('liC'r or di.:;:mi.;;;.<=:lls \'iolntts thr Fii;::\. j,nd
fuurt(,(,llth :\mC'numrnl.s) find thus .stntrd n. '.n!ld
cin.lm for relief. Pp,355-3i.]
(:\) Pn.tton.'1ge .<:cI'C'I"l'ly poliJie.11 brlie{
nnd wllirh comtitutC' the corr or activities
prolrclrd b,\' th{' FIr,;:1 Amc!;dll1l'llt.) :1nu gon:'rnmrlii nw.)' Dot,
H'ilho\Jt. inllibilin,(!' Fir.t:t "\mcmJJnC'nL tighls, farce pub-
liG to Ilis to political n.sso('i;J.tion .'lS llie
pri('c nf i. P\IOJiC Job, Perry v. Sindamonl!, ,IDS V, S, 583;
,A"(t!Jishir11l \'. /Juarcl oj Rr.oclIls
j
385 U I S. 530. rp, 355-3GO,
. '
(
TREIMAN v. STATE EX REi.. MINER
CI t.e- a. Fb ... 3-D So.2d B I!J
]\fonroe W. TREDIAN, as Judge of the
County Court of Hernando County.
Florida, AppeJbnt,
v.
The STATE of Florida ex reI. Thomas
Hamilton :>IINER, et
aI, Appellees.
No. 49061.
Supreme Court of Florida.
Feb. 10, 1977.
Rehearing Denied April 7, 1977.
Misdemeanor defendants moved to
have nonlawyer county judge recuse or dis-
qualify himself. After motions were
defendants filed petition for \vrit of prohi-
bition. The Circuit Court, Hernando Coun-
ty, John 'V. Booth, J . issued writ, and the
county judge appealed. The Supreme
Court, Sundberg. J., held that constitutional
provision that county judgc9- in county
having a population of less than 40,C{)O are
not required to be membrs of the Florida
bar doe9 not deny equal protection and that
a nonlawyer county judge who compleles. a
nonlawyer county judge training program
at the university of Florida, including the
11arn;r.J;I'!'I fur IIH'lll:\I ;lll;..:ui-.1L wldlll r:w_'- Ul.!
;J,\;.i!;lhlr- ill :1 Jillll-r Dlltr-:Wr 1:l\V .... :-:o.:e
!1;rl'\I'Y ,._ ,"'flU!/tJH. I .. I ...... ..: ! 1-'1.1.
1:;,')'H,
,
EXHIBI1B
.52-1
82[) Fla. 3-13 SOUTHERN REPORTER, 2d SERIES
examination to test proficiency, can con:;,ti-
tutianall)' sentence a defendant to a prison
. term for commission of a misdemeanor,
that instant decision operates ...... el'y
and that an accused can knowingly and
voluntarily waive his right to a trial before
a judge.
Order affirmed.
O\-erton, C. J.
t
concurred with 30:1 opm-
ion in which Adkins, J., joined.
Retired, dissented \vith opin-
IOn.
1. Constitutional Law =225(1)
Constitutional provision th3.t .a county
judge in a county having a pop-uhlion of
40,000 or less is nol required to be a mem-
ber of the Florida bar does not deny equal
protection to those who live in smaller
counties and whose courts may be p::--esided
over by nonlawyer judges. \Vest's F.S.A.
34.021; West's F.S.A.Con't. art. 5, 20
(c)(ll).
2. Constitutional Law =25B(8)
Judges e:::::.4
A judge v,,'ho is ignorant of the law
cannot afford due process to an individual
facing imprisonment on co!'wiction; how-
ever, a judge who makes such a determIna-
tion need not necessarily be a member of
the state bar. 'Vest's F.S.A.Const. art. 5,
8.
3. Judges =4
A nonlawyer county judge who COr.l-
pletcs the nonlawyer county judge training
program at the University of Florida, in-
cluding the examination to test proficiency,
can constitutionally sentence a Jefendant to
a prison term for commission of a misde-
West's F.S A. 34.021, 775.-
082(4); West's F.S.A.Const. art. 5, 20(0)
(11).
4. Courts =1000)
Holding thal nonbwyer county judges
\o,.'ho properly complete judgeship training
program at University of FloriJJ. can pre-
Side over criminal misdemeanor cases
C2n sentence a defenda.nt to a pri:-.un oper-
ates prospectively only. \Vest's F.S.A.
34.021, 775.082(4); West's F.S.A.Con3L
art. 5, 20(c)(11).
5. Constitulional Law =268(8)
Judges =4
Use of recently elected nor..lawyer
county judges in crim:nal proceedin(."S de-
pends. on lheir bf.:ing property trained and
educated in the la'.>,:; completion by newly
elected nonlawyer county judges of a l:-ain-
iog program si milar to that cur-rently of-
fered hy Uni ..... ersiiy of Florina is constitu-
tionally nect::!ssary ior t:1crn to be able to
discharge their crlminal constitutional
duties; anything les$ fails lo sat.isfy due
process. West"s F.S.A. 34.021, 775.-
082(4); West's F.S.A.Const. art. 5, 20
(c)(l1).
6_ Criminal Law e=]05
A county judge not trained in the law
may prc:side. over a misder.1eanor
trial where the accused makes a knowing
a:1d voluntary \vaiver of his right to a trial
presided over by a la\".'-trained judge.
West's F.S.A. 34.021, 775.082(4); West's
F.S.A.Con,t. art.5, 20(c)(11).
Robert L. Shevin, Atty. Gen., Charle.
Corces, Jr, and Donna H. Stinson,
Attys. Gen. and Fletchr N. Baldwin, Jr.,
for ap?ellant.
Frank McClung of \!cClung & Under-
wood, BrooksviIle, for 2.i)pellees.
Jerry Oxner of Reynolds & Marchbanks,
Baea Raton, for Cor.ference of County
Court Judges of Florida, a::nicus curi::.e.
SUNDBERG, Justice.
Apptllanl was at the- these proceed-
ings were commenced a nonlawyer county
judge in Hernando Counly. Appellees. re-
lato:-s below, ' ...ere arrpstl.:'d o_n misdemeanor
charges \vhich couhl in the penalty of
imprisonment upon COr!'I.lctlOn. See Sec-
tiuns 316.028, .029, .061, and 856.011, Flori.la
Statutes. Dden(!:J.ni3 'I.,,'ai\'ed the speedy
trial rule. JuJge Trciman \vas the presid.-
ing judge in each C;L':;'.2-. anrl in each case
appelkes' a tLorney rnon:d to recuse or dis-
qualify him. The motions were denied.
Thereupon appe;;ees fited a petition for
writ of prohibition in the f[fth J u(licial
E X HI 5
"
i>
,
TREDIAN v. STATE EX HEL.
Fla. 821
Clle ... ,., n .. , J-JJ SO.2.1S19
Circuit in afld for Hernando County. On shall not be required to be a member of
October 29, 1975, the petition was f,rranted the bar of Florid:.L"
and the writ issue-d. In its order the circuil Cf Seclion 3.1.021, Florida St3tUtcs (EI7,'j).
court concluded:
"The ruling of the United Sbte. Su-
preme CDurt in [Gideon 1/.]
[3.2 U.S. 335, 8.1 S.Ct. 792, 9 L.Ed.2d 799
(1963)) and Argersinger [v. Hamlin, 407
U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530
(1972)). !,'lvlng a defendant who is
charged \ .. ith a criminal offense the right
to an attorney logically and necessarily
includes the right that such
be presided over by a judge pos.sess-
ing at least the same legal qualific3tions
of the attorney representing the State
and defe-mlant."
Judge Treiman appealed from this judg-
ment to the S8cond District Court of Ap-
peal, \,:hich, on app!lant's motion, transfer-
red the cause to this Court. \Ve have juris-
diction under Article V I Section 3(bXlt
Florida Constitution.
I n Florida there are three types of non-
lawyer count)' judges l First, there are
those who were "gra.ndfathered in" when
the people of this State adopted a substan-
tial revision to Article V of our Constitution
in 1972. Article V, Section 20(d)(7t reads:
"(d) When this article become. effec-
tive:
(7) County judges of existing county
judge's courts :!.nd justices of the peace
and magistrates' court who are not
bers of har of Florida shall be eligible to
seek election as county court judges of
their respective counties."
A second group, covered under Article V,
Section 20(c)(11), consists 01 jud"e, who
hold office in counties of fewer than 40,000
people:
"(c) After this article becomes effec-
tive, and until changcd hy general law
consistent with sections 1 through 19 of
this article:
'(11) A coun ty COllrt j uc\g-c in any coun-
ty h:lving- a pOJlulalion of 40,000 or less
according to the last oecennial census,
Ftnally there arc, of course, some nonlaw-
yer county judges who hold their office3 by
virtue of both constitutional provisions.
The appellant in this c;.t.;;e \ .... as among them.
[I) AppelleeS ar"ue that the :0,000 pop-
ulation provisioIl ellual protection of
the- ]a\VS to those- who live in srr.:::dler
ties whose county courts may be presided
over by nonlawyer junges. However, our
reading of North L Ru:;scJ/
J
U.S. 32S, 96
S Ct. 2.09, 49 L.Ed.2d 534 (1976). convinces
us that such a classification passes constitu-
CDnal muster. There the defendant was
of driving "...hile intoxicated by a
noolawyer judge of the Lynch. Ky . City
Poiice Courl. The Supreme Court oescribed
the Kentucky statutory scheme as follows:
"Section 156 of the Kentucky Constitu-
tion requires cities to Lc classifieo accord-
ing to popula.tion size. There arc six
classes of cities: fifth-class cities have a
population of between 1,000 and 3,000;
5L xth-clas3 cities ha..-e a population of less
than 1,000. Lynch ,is a fifth-class city_
A police judge in fifth- and
sixth-class cities must by statute b: a
voter and resident of the city for at least
one year and be bonded. [TJhe
police judge in such cities need not be a
lawyer. Police judges in first-class cities,
which have populations over 100,000,
must have the same qualifications as cir-
cuit judges \vho mu::;t he at least 35 years
of age, a citizen of Kentucky. a. l\vo-year
resident of the district and a practicing
attorney for eight years. Po-
lice court judges h;:lve terms of four
yC'ars. In fourth-. nrth-, or sixth-cbs:;
citie,:; police jUdgl!S m:ly be either appoint-
C!d or elected.
"Poli{'t! courts have jurisdiction, {'oncur-
rent with circuit courts, of pl!nat and
misdemeanor cases punishahlc by a fine
of not more $.')00 ami/or imprison-
ment of not more th:\n 12 months.
I. Unles.s otherwise pnn1ld!O'd by gent"r.:11 1.:1"",, a county Cot:rl judge must bl" member of the
bar of Florida." Art. V. S S.
E X H I BIT B -"
,.,0,
.... '"

(
822 Fla.
3H SOUTHER!\" REPORTER, 2d SERIES
Kentucky has a two-tier misdemeanor
court system. An app-eal of right is pro-
vided from the decision of a police judge
to the circuit court \vhere all judges 3.re
la\'\"yers, and in that court a jury trial de
no].'o may be had. ." (Footnote3
omitted) ld. at 271O-1l.
The Court bter rejected a contention lhat
such a system ...-iolates the constitutional
guarantee of equal protection. reasonir.g
that "all ptople within a given city and
within cities of the same size are treated
equally." ld. at 2714. With the 2pphcsble
standard having been thus enunciated, \ve
have no difficulty concluding that clivi
sian of county courts into two cla5ses effec-
tuated by Section 34.021, Florida Statutes,
and Article V, Section 20(c)(11), Florida
Constitution, does not violate the equal pre-
tection guarantee of the United States
stitution.
The critical question in this case is.
er a nonlawyer county judge can afford due
process of la\v to a defendant charged ,,,rith
a crime which leads to possible
ment on conviction. North v. Russell, su-
pra, is less than decisive in resolving this
issue because there the Court laid great
stress on the availability, at the requtst of
the defendant, of a second, de no'r-'o trial
before a lawyer judge--a feature \'rhich our
system lacks.
Nor is the experience of other states. de-
terminative of the issue before us. 'Vhile
the language of other state appellate court
decisions in this area can pro"ide llS \"ith
some guidance in deciding the merits of the
instant cause, the wide variety in stat.e
court systems render such determinations
mildly persuasive at best. Several stJ.te
courts have upheld the constitutionality of
using nonlawyer judges to try cert;..lin
cbsses of cases.. E. g. CroL'eh 'v. Ju.stice of
Peace Court, 7 Ariz.App. ,160, 440 P.2d 1000
(1968); City of Decatur \ .. Kush mer, -13
1ll.2d 334, 253 N.E.2tl 425 (1969), Xorth l".
Russell, 516 S.W.2<1 103 (Ky.1974); Ditty,.
Hampton, 490 S.W.2d 772 (Ky.19i3).
In contrast, the California Supreme Court
has held that (lue proces.::-. requires that de-'
fcndants be cOlwictl:d and sentencl:d hy
la-v..'ycr judges even III the
("just ice courts") in cou r. ties or d;::..:.tricL,
v. ith 40,000 or f L;wer residents, That {'ourt
concludeu:
Hlt has been .:;uggested our holding
could cause serious pra:ctical problems in
.... iew of the asserted scarcity of attorney
judges in certain rural 3.[!as throughout
this state. \\'e recognize th;:.t there wiil
be prohlems and have soug-ht to minimize
them to the extent constitutionally possi-
ble. \Ve do not alro1ish the existing- sys-
tem permitting the USE: non-attorney
judges in all matters within the justice
court jurisdiction, Such judges may
tinue to function in civil czses., and tn
criminal C2.Se.9 not involvinz potential jail
sentences. Moreover, even in criminal
cases \ .... here a jail sentence- may b:2
posed, the non-attorney judge may {"ct so
long <lS defendant or 'his coumel \v:li ...... es
the due process right to have the pruceed-
ings presided over by an attorney judge.
Such right may be voluntarily relin-
quished jest as the right counsel may
be relinquished. In the event defendant
or his counsel fails to so stipulate and no
attorney judges are available in the dis-
trict, then eithe.r the cause could be tr::m,,-
rerred to another judicial in the
same county (see Pen.Code, 1035), or
the Judicial Council could assign an attor-
ne}' judge from another area to hear the
matter."
Gordon v. Court, 12 115
C,.I.Rptr. 632, 639, 525 P.2d 72, 79 (1974),
ccrt. dellied, 420 U.S. 9:18, 95 S.Cl. lliS, 43
L.Etl.2d 415 (1975). Yet this clecision is not
dispositive of our ca5e bccLLuse in California
justice court judgl.:os mLlst either (l) be n.
member of the Lar or (2) have p;l.5secl a
qualifying cx::!r.linatlon prescribed by the
Judicial Councilor (3) ha ..... e been an incum-
bent in such court or a predecessor CClurt. at
the time of the 19.50 juuici:ll system
ni2.J.tion and have rctain("d the position con-
tir,uously. 115 Cal.Rplr. at G3-1, 52') P.Zd at
j<l. The California court noted that, llnder
the second procedure
"a b)'man \vho is not. an incumhcnt
tiCl: court judRc ITl;1Y qualify as a C,lnIIL-
EXHJBJTB
21
.'1

52'1
.'
TflEIMAN , .. STATE EX REL MINER
Fla. 82:3
01'. 343 So;'d 3 J 9
dale for election to that court by p;:J.ssing
the three-hour examination hriven by the
Judicial Council. \Ve have scrutinized
the most recent Judicial Council examina-
tion and, although it extends over a wide
area of the law, the examination is far
less rigorous than the two-and-one-h::lIf
uays Slale Bar examination required of
one seeking to bcome an attorney. "\Ve
also nole the absence of any reCJuirel7lent
of college or 13w school education in order
to qualify a.'3 a justice court judge.".
(Footnote omitted) 115 CaLRptr. at 636,
525 P.2d at 76.
As will be seen, such a statement \vould be
inaccurate with respect to the vast majority
of our nonattorney county judges.
[2] Appellees read the decisions of the
United States Supreme Court in Gideon \-'.
SUp1.l, and ArJ;ersinger 1!.
IIamJjn, supra, as necessarily leauing to the
conclusion that only a lawyer judge can
afford a criminal defendant due process of
Jaw when incarceration is a result.
The expertise of the prote5sionai attorney is
wasted, they say, ii his or her forensic ef-
forts are directed at a judge who has no
more educational background to absorb 2.no
appreciate such argument than any specta-
tor in the courtroom gallery. As the Court
recogn;zed in Argersinger, legal and con:,li-
tutional quest.ions involved in a case actual-
Jy leading to imprisonment for only a brief
period (i. C., a misdemeanor are
frequently no less complex than those
raised in the trial of a major crime. \Ve
agr02e with appell-ees, that; after Argersing-
it is clear that a judge who is ignorant
of the Jaw cannot afford due proce::;s of law
to an inriividual facing imprisonment upon
conviction. \Ve do not agree that a judg'f!
who m;lkes such a determination must nec-
essarily be a member of The Florida Bar.
Cf. Shadwick I'. City of Tampa, 407 U.S.
2. As hest we can dIscern, cven the dISsenting
justIces In North l'. Rus5el!. supra. would fInd
that the Floritla program we hJ.ve descrihed
passes constitution.]l muster. As pointed out
in the dlssenLlng opinion of Mr. JustIce Stew-
art:
"The Juuge at Nonh's o;tate h<.Lbeas corpus
hearing concluded:
345, 9" S.Cl 2119, 32 L.Sd.2d 783 (1972).
The peopJe of this state through r3.tific:.:!.tion
of the revision to Article V of the Consti'..u-
t10n in 1972 expressed tlle.ir consent to a
judicial system with limited utilization of
non!:l'.l,yer count.v judgeS as explained
above. It is not our function to thwart this
decision oy the pe.ople, provided l:'103 consti-
tutional guarantee of due process of hlw is
not abridged.
[3-5J At the behest of this Court, in
August, 1974, a Non-L:::l, .. yer County JlJ(lge
Training Prog-.-am was begun at the Hol-
13nd Law Center on the C2mpL:S of the
University of Florida, the sole purr10se of
which was to provide training to
allow nonlawyer county judges to be ce:-ti-
fied to sit only as county judges in those
counties with over 40,000 population. Ap-
pelbnt, who is participating in th:s pro-
gram, and amicus curiae provideci brief in-
form;:.tion concerning the scope of this pro-
gTam in appendices to their briefs. They
argue that such special training qu:.t!ifies a
nonbwyer judge to hear misdemeanor cases
punishable by imprisonment. Pursuant to
our 14, 1976, order to supplement
the record in this cause, Professor James R,
PJcrce, the director of the t..:on-Lawj e\
County Judge Training has fur-
nished us with material describing in detail
the IJrogram's curr:culurn; hours of study,
including duration of the COurse; and test-
ing methods and gr ...lding. Professor
Pierce's statement and a summar), of the
curriculum are rcproduceJ <lj. 2.ppendices A
aDd B hereto and we .see no point in discuss-
ing these materials in detail herein. Based
on careful scrutiny of the materials syno(}-
sized in the we conc.:llHle that :.t
nonlawyer county judge who complcles the
l'{on-Lawycr County Judge Tr.lining- Pro-
.gTam at the University of Florida can con-
stitutionally 2 sentence a defendant to a
.. 'I rhink the f<lct has. bet'n est.J.bllshed lh,lt
[Judge Russ:ll isl not a lawyer. he doesn't
know Jaw. Ile h:1sn"t studied any 13w:
Judge Russell les{lfit'd th.ll he h;1d only a
high schoof educ.ltion. He hLld nt'"\"cr re-
ceived an)' [raining concerning hIS as a
lay Judge. This is. 1101 a C3se, therefore. in
VO[Vlflg.a lay ju(lge who h:lS rcC("ivl"d the kind
E X H I BIT -8

::J: ....... v
5.1.
824 3.\3 SOUTHERN REPOItTER, 2d SEflJES
prison term for commission of a.
meanor as specified in Section 775.082(4),
Florida Statutes.
l
The program, \,;hich began in August,
1974, is designed to graduate its cb.5:3 of
nonla',"'jer judges on June 30, 1977. It is
possible that the progT'..lm can be acceler:Ll-
ed without sacrificing its scope and content.
We hold th3t those judges who properly
complete the educational progr3m, includ-
ing examlnatton3 to test their proficiency.
may over criminal misdemeanor
cases as described above. OUf ruling oper-
ates prospective1y only, following the date
this opinion becomes fmaL The use of
recently elected nonlawyer county judges in
crimin::l.l proceedings depends upon their be-
ing properly trained and educated in the
law. Toe completion by the ne\vly elected
nonlawyer county judges of a training pro-
gram similar to the curr>:'nt program is con-
stltutioTIJ.lly necessary for them to be able
to discharge their crimi!1al constitutional
duties. Anything less fall.s to meet our
construction of relevant due proces9 safe-
guards.
[6] Of COUr8e, our holding here doe.9 not
preclude a county judge not trained in law
from presiding over a criminal misdemean-
or trial w-here the accused makes a knowing
and voluntary waiver of his right to a trial
presided over by a Jaw trained judge. See
Gordon v. Justice Court, supra.
Accordingly, since at the time appellees
came before his court, Judge Treiman had
not completed the !'-Jon-Lawyer County
Judges Training Program, the order of the
circuit court gr.:1nting the 'vr:t of prohibi-
tion is hereby affirmed.
of speCial tr,,[ning that several States
f'nLly See ante. at 2711-2712 n. 4."
(Rdt'rence- to ffi.lJorlLy opinion listmg Flori
d:!. among otht'r states, ;).s a
training progr.J.m" for nonlawyt'r
judges.J
95 S.Ct. at 2715.
3. 7750..,2(4). Fl:l Stat., reads
ADKINS,
HATCHETT,
BOYD, ENGLAND
JJ., concur.
and
OVERTON, C. J., concurs with an OP-Ht-
ion, v>'ith which ADKINS, J., COnCUiJ.
ROBERTS (Retired), J., diSSEnts wilh an
opinion.
APPENDIX A
1. INTRODUCTION
The Court on October 11, 1976 entered its-
order requesting, in essence, a wmplete re-
port on the structure :='.na conduct of \he
Coun ty Judge Training Pro--
gram. To pbce the data requC!sted in the
proper per:spectivC!, it is first to
provide a brief description of the origin:3 of
the program and its overall formaL
The program commenced under the 2'JS-
pices of the Univt2rsity of Florida Di ..... ;sion
of Education in cooperation
with the of Florida of
Law on August 15J 1974 ".ith 25
pants all of whom the non-1awyer
county judges. who intended to continue in
offlce past their then term. Subse-
quentlY, one judge was witr.drawn from the
program and two recently e:eeted
yer county judges. were added. The current
number of judges participating is 26. The
program originally structured into t".'o
institutes. per year. The summer institute
a resident period of instn.:.ction of
four weeks including \veekends at the Uni-
versity of Florida College of Law. All
courses commenced in this summer institute
were concluded during the course of the
institute. The of the year was
"(4) A per-sfJn who bas be: .. n of a
d'.':sign;Jted TTHSUt'I-:1o::'Jno. r:' . .:J.Y be senknced
as follows'
(3) For 3 misd-:;ne;,nor of the first
grl;'C'. by a term of imprisol1m!!'r:t
not exceeding 1 year:
(b) For a mi:;de-meanor of the second
by a defmite t(:"rm of
IHJl C}<c'..'l'dmg GU u.lys. ...
EXHIBITB
{
v. STATE EX REL. MIl'i ER Fla. 825
CIL1" fU. Flll .. 3-13 51.>.2" 819
APPENDIX A-Continued
organized into an institute requiring rCSl-
dent instruction of four days of each mont.h
from October through June. Each institute
provided 100 hours of ct! ....';sroom
c(wering three separate courses. The pro-
gram was organized on this basis [or both
the. 1974-75 and 1975-76 program years.
The 1975-77 program year re..,;truc-
lured into a single institute involving a
complete \veek (Monday through Friday) of
resident instruction each month for eight
months (November. 1976 through June,
1977). The: 175 tolal instruction hours for
the fifth institute is divided into five course
blocks of 35 hOllrs each. One of the five
blocks has been furiher s.ubdivided into l\\'o
separate courses.
The underlying philosophy of the pm-
gram was to provide the participant::; with a
substantial portion of a conVentional law
school education. Standard law school
terials, teaching methodology, examinations
and instructors have been used throughout
the program in furtherance of this objH-
tive. The material covered in the various
courses involved material for which approx-
imately 100 quarter hours of credit would
be offered in the ordinary curriculum of the
University of Florida College of Law. This
would calculate to 7970 of the 126 hours
required for graduatLon from the Co1lege of
Law. Because of the rearrangement of the
material into slightly different course struc-
tures with nt::cessary omissions and
es of coverage, 7970 probably
represents a slight exaggeration of actual
coverage. it should stand as a
usefu I estimate.
II. WITH ORDER
1. Curriculum
A tt.<lched herelo is a listing of all courses
offered during the program indic3.ting the
tille of courses, the law professors
teaching the ('OUrses, and the Univcr.:;ity or
Florida College of Law counterparts to the
COUr2,es. Attached also is that portion of
the of Law Catalog- describing the
law school courses. Please be advbed that
because of a mode:-:t restructuring of H:.e
law school courses for program purposes,
the catalog descrip!:ons. will contain slight
inaccuracies. For this an appendix
of exact course descriptions 8.nd examina-
tions prepared by the pT'ograrn professors
for lJse during the program has been sub--
mitted to lhe Court and counseL
2. Hours of Study ,1nd Total DUT2tion of.
Program
During the course of the program
proximately 600 hours -of re::,ic!enl instruc-
tion ;vill have been off creel to the
pants at the Univers:ty of Florida College
of Law. 575 of these h.')urs have been in
the form of regularly scheduled cl?ssroom
hours. An es.timate of approximately 25
hours of instruction has been 2.ssigned to
the legal writing program to account for
the irregularly scheduleci lectures and
sultations required. The method of instruc-
tion used in all courses additionally required
liter::!!ly huncIre<ls of hours in reading,
stuciy, composition and preparation outside
of the cla.::;sroom on the part of each partici-
pant. "
Generally, the total hours of instruction
Vtere divided into 32 to 35 hour blocks for
each course taught. Ho\,.-'ever, appropriate
cou rse cove-rage on occasion rcquireci reallo-
cation of the time available among the
courses in somewhal differer.t configura.-
tions. The variations would not seem suffi-
ciently significant to cletaiL
As indicated, the pl'Obrram
commenced on August 15, 1974 and \viH he
concluded on June 30. 1977.
3. Faculty and TC:J.ching 1Hcth?ds
A complete lisling of the prog-ram facult)
is contained in the curriculum attachment
referred lo in section olle. The program
raculty \verc c.hosen from the facully or Lhc
College of Law ane! all arc experienced ami
well qualified in the 2.(eas lo
\vhich they ' ...... erc ass:,gnc(L A lisLi<lg- of the
f XHIBIT B
n"
,;",'=Ii.
826 Fla. 3J3 SOUTHER:-i REPORTER. 2d SERIES
APPENDIX A-Continue(l
College of Law faculty indicating Oeg;-ees '
helli and academic rank is attached for ref-
erence.
The te"ching methooology for the pro-
gram is identical to the methouology used
by the various profe.!!osors in their regular
la w courses. The specific methodo1ogy var-
ied greatly from course to course, however,
a basic familiarity with general law school
teaching method. should suffice to provide
an adequate insight as to th;: overall teach-
ing conduct of the: program.
4. Testing Method. and Grading
At the outset of the program a ba3ic
decision was made against the u3ual 3..3-
sumption of the absence of testing 3:ld
grading underlying m03t other continuing
legal education prog-.-ams. It Was thought
that to maintain consistency \vith the phi-
losophy of ciO:5e replication of a conver:.tion-
aI lav .... school experience that some form of
testing and academic inc.entives v,:as neces-
sary.
The basic method of law school examina-
tion was retained primarily for its intrinsic
value as 2. substantial learning experience,
both in the preparation fa:- exams and in
the analysis required in taking them_ The
examination methods actually used in the
program varied widely as can be observed
by reference to the complete set of exams
given to date' contained in the a}!pendix_
All exams appear to be appropriate to the
course material in each course and in
constitute- a fair cress section of cor;-
ventional law school examini1tion methoo3_
The grading method used in the pros-am
rcpres-ents an attempt to a system
of i!lcenlives. within a group of students as
to ,,/hich it W2.S thought to be inappropr.2.te
to use conventional grading rE2Ihoch.
From all oDservab1e indiC2tio:13, the s}stem
h2-S operated to create the desired level of
competition within the grO;Jp_
The standard grade a "varded in each
cDUtse is simply "complete", which s:gni:ies
that the student has regula:-1y attended
ciasses and has made a good faith efiort in
tahbg the exam. If it is determined that a
good faith effort has not been made a grade
of "tTIcomplete" is est2.blished and an zddi-
t;onal examination is 5chedu1ed. The SY3-
tern of incentives. is predicated upon the
ranking of the best ten examinations in
each course in the order of accomplishment.
The ten best students receive the nUJ:1e:ical
ranking as a grade in lieu of the standard
Hcomplete". students \vho successful-
ly complete the exarr.s on the first tll_king
participa te in the rar:.ki ng.
5. Post Program Req uirements
At the present no f'Jrther study
requirements after graduation have
established.
Appendix B to follow.
B
, !I,'S':!:-UTE
First
Second
Third
rourth
Fifth
APPENDIX B
CUR RIC U L U M
NON-LAII'YER CCUHTY JUDGE P RCGRAM
COURSES OFFERED
1,
2,
l,
1.
2,
l,
4 ,
Florida Constitutional L<1' ....
C,l..vil Procedure
tvidcnca
r:vidincc
civil Procedure
'Constit'Jtl.onal Law
Con'trll.cts
1. Propert.y
2. Torts
.3. Criminal Law
1. Com.;'l'.crcial Transactions
2. criminal Procedura.
J. Business O::gania.tions
Corpan.tions
1. Commercial Tran!>.1ctiOns r1
l. Estates' Trusts I
], RCII".:dies

5. Domestic Rclatiot'.s
6. Responsibility
PF.OHSSOR
J. C. QU<'lrlcs
H. O. 1:T'...."1l
J. R. Pierce
J, r::. Lewis
J, E. LC<""i5
F. N. Billd',..:in
D, B. Ocaktor
S. Rubin
D. T. Smith
W. Probert
J. C. Quarles
D. Delany
G. T. Bennett
J. n. Picrcc
J. J, rrcclar;d
,H. E. \'lilliams
D. T. Smith.
F. E. Halon(?y
P"C.L. J.:offat
','f. o. Weyrauch
D. B, DCrlktor
1.
2.
l,
1.
2,
4,
COLLEGE OF L.'.W ..\L COVEMD
LW 653 - Florida Constitutional
LW 52l - Civil Proccdu:o
LI1 G25 - Evidence I
LIl' 626
LIl 522
Ll1 541
L\.;' 50
I.H 501
Lli 502
L'd 5!Jl
L'd S92
- t:videncc II
.. Civil Procedure II
- Law I
- II
.. Contract:> I
Contracts II
- Legal I
- Legal Writing II
l. LH 531 - r
LW 5]2 .. Property II
2. LW 571 ... ,Torts I
LW b72 - Torts II
3. LW 591 - Criminal La',.,..
1. L"rl 601 .. Comrr,8rcial Pilper
2, L\1 69] .. Advcrsnry Procezs
LW 693 .. Police Practices
3, LH 502 .. IIu.:;incfiS organizations.
Lid 603 - corporations
1. LH GOO - Salc!:
LW 60G - security in Goods
2. LW GJO - Estates & Trusts I
3. LI1 G 71 - )1.cmcdie5
4, L'd G10 - Jurisprudence
5. UI G90 .. Family La.",.
6, LW 619 .. Legal Ethics
i'
Law
828 Fla. 3,3 SOUTHER:-i 2rl SEHlES
OVERTON, Chief Justice, concurring.
I fully concur in the opinion by Mr.
tke Sundberg.
It must he recngnized that this opinion is
based on \vhat is constitutionally required
and not what is administratively desirable.
OUf ruling io<lay is necessar)' of the
dict.2tes of the United States Suprene
Court's decision. in v. Russell. 421
U.S. 328, 95 S.Ct. 2709, 49 L.Ed.Zd
(1976). It recognizes that a defendant in a
criminal trial \ .... hich may re:mlt in imprison-
ment may be tried by a nonlawy'er judge jf
the defendant has an opportunity for a
second trial '.,,'here evidence will bo::! received
before a law trained judge. Although this
decision of the United States Supreme
Court basically approves the historical use
of nonlawyer magistrates, it does so condi-
tionally upon at 1east one of the h!storical
checks on the judge's authority being avail-
able to a defendant.
Under the historic: Engli:;h system magis-
trates have no authority to try a jury case.
Checks on their actions ir..clude allowing
either an appeal de novo (retrial) before a
lawyer judge together with magistrates. as
fact finders or an opportunity for the de-
fendant to ask for a high court jury trial
with a law trained judge. In addition, the
English system provides for a clerk is a
lawyer to advise the magistrates on the
law. Further, the extent of punishments
that can be imposed is more limited than in
our present system and, in addition, the
sentence is subject to review by a court
presided over by a law trained judge. See
The Legal Systems of Britain, British Infor-
mation Services (M3rch 1976), and English
and American Criminal Law and Procedure,
A Comparative Analysis CI1. T. Sennett and
B. J. Gf!orge, Jr., Bar _A.ssocialion
Section of Criminal Justice, 1976}.
\Ve provide none of the foregoing checks
in the llse of nonlawyer judges. in our judi-
cial .sy:::.teln .. Such would require su\i;;lan-
tia1 revision in our present system.
ADKINS, J., concurs.

F.03ERTS, Justice (Retired), dissenting.
I Tespectfu11y dissent and it is my view
th3.t a nonl3wyer County Judge in (L cour.ty
",:ith 2. popublion of less than 40,000 ptr-
sor;s has the pOVJer and duty
to exercise the full jt:::-isdiclion of that of-
fice. It 1S elementary tn:lt the SO'. ere:ign
st;1te3 have the right to prescribe the quali-
fications for their slate and county officials.
6, Article V, CO;1stitution of Flori-
d;!, provides for 2. County Court with mi5de-
meanor jurisdiction. According to legisla-
tive records, the matter of qua.li:ic2.tlons for
CO'Jnty in countie3 of less. than 40,-
000 wag fully debated and the Lei3lature
re30bed that a County Judge in slJch coun-
ties \1,-'ou1d net b2: required to be a lawyer;
see Sec:ion 20(0)(11), Article V. Florida
C0::13tit.;Jtion. Upon submission to the peo-
ple, electorate of Florida approved the
amendment submitted by the legislative
resolution; see Sfftion 20(c)(1l), Article V.
Florida Consti.tution. '1:0 interfere with
that orderly proces3 of establighi:!.g the
qualiiica;:iong Df a county office \vould be
an act of judicial activism with which I
,
C2.n:1ot agree. Furthermore, the Tenth
Amendment to the Constitution of the
Ur.Lted States. provides:
"The powe-:-s not delegated to the Unit-
ed States by the Constitution, r.ar prohib-
ited by it to the States, are reser','eo to
the States respectively, or to the people."
I am unable to find where the State oi
Florida ever submitted to the Wa:'ihington
goven:ment the power to interfere with the
prescribing by the people of this state of
the qU31ificatlIJns of its county officers, nor
C.3-n I fin(l any application of the Fourteenth
Anemlmenl to the Constitution of the
united States in this situation. The answer
to the C]uestion appear.; to me to be simple,
vi:z.'
J
the Legislature had the right to resolve
in a proposed con5titutional for
a County Court lo have jurisdIction over
misdemeanors .3-nr' La be prcsillt:!fl oVer by a
nO!1l:1wyer County Judge and the pl:ople of
Florid:! kHl the right to adopt that .n.mend=-l

J, therefore, tlis:,enL
.
,-

"'"
To:
From-
Date.

t-r'"'-' '.""
Nevada Court System
Administrative Office of the Courts
John and Terry
Ed
Harch 7. 1979
}lONTAlJA
There are no hard facts on increased case load, these are
estimates by the State Court Administrator, 11r. Hike Abley.
Hhen jurisdicition incr,eased -
$1,500 civil litigation
$ 750 small claims
Case load increased over 50% in:
Great Falls
Billings

Fact: A number of jus tice courts ",lere des igna ted to only
handle small claims.
In rural areas better than a 25% increase in case load.
r: v", Q 53
1
Minu!es of the Nevada Stale Legis1ature
Senate Commirt:!"e on". __ . ___ ______. __ ._."."_. ___ . __ --.... "---." .. -:-.. -... -.. -----.. "-"-... ..... -------- ... --.---.. ---.-- ... -..
Da'cbP:Li_:L. __ __... .
Pa.ce . .!?_. __......... _ ...... _ ....................... _
allow the trustee to sell the property, unless the deed
specifically eliminates that power, he feels the issue
is being clouded by calling it an "expressed trust."
Senator Dodge asked if Senator Ashworth didn't want this
to take care of a living trust situation.
Senator Close stated he would think that it would be the
persons responsibility.
right to sell property
deed.
If he wants to limit a person's v
than that should be stated in the
Senator Sloan asked if there was some language in there to
make it prospective.
Senator Close stated that this doesn't apply to property
acquired by a trustee on or after July 1, 1979.
The Committee concurred with taking "expressed
trust" out of the bill.
SB 267 Transforms justices' courts to courts of record.
(See March 8 for previous testimony.)
Senator Sloan stated he had a letter from Eileen Carson,
and she states that the number of appeals was very small.
He stated he knew that the number of appeals in municipal
courts Were far more substantial than in justice court.
Senator Dodge stated that he had a call from Frank Fahrenkopf
about this bill and also about the increased jurisdiction
in the other bill. Frank told him that he teaches courses
to the J.P. 's, and they feel that they are going to get a
lot of increased traffic with the raise on the monetary
limits. He thought that we ought to make the effective
date at least January 1, 1980 to give sufficient time for
indoctrination.
Senator Close stated that he had the amendments and as
far as he could tell it was what they had asked for.
The Committee with the amendments.
SB 185 Permits interception of communications and Use of evidence
derived from such interceptions in certain circumstances
involving gaming violations.
S Form 63
(See minutes of February 28, March 13 and 26 for previous
testimony and discussion.)
Senator Close stated that as he recalls they were going to
limit this to hidden interests, and also require that the
Chairman of the Gaming Commission authorize the wire tap.
He stated he was not sure that there Were enough votes to
continue processing the bill.
(Commlttee Mlnufoe-s)
8770 -E?-
Minutes of the }Jevada State
Senate Committee on. _________ ____ ________________ . _____ . ____ . ______.,. _______. __ . __ .. _ .--... -------.----.. -------.-----.-.----------- .. -----... --
Datc: _______I:,PT;,J ___ __ J_n9
Page: __________ J ___________________________________ _
Senator Ford stated also we are changing the $50,000
to $100,000.
JO
Senator Ashworth stated if you are going to have the
acceleration clause tten you can't have subsection 2
in section 8. The whole purpose is that these are
supposed to be separate distinct payments, that does
not accelerate the body of the entire annuity.
%t --
-____ fu
SB 267
S Form 63
Senator Close stated, "I think what we intended, when we
passed this two years ago, was to come back every month
to compel the fellow to make the payments and you can
hold him in contempt of court if he doesn't You may
still want to have the overall structured settlement that
has been ordered and he may prefer that, rather then calling
the whole amount due and payable. I will request the
amendments and bring them back before we vote on this."
Transforms justices' ceurts to courts of record.
Senator Close stated after "suitable person" add in "need
not be certified shorthand reporter."
Senator Raggio stated we should have language in there
that another person, other than a governmental employee's
compensation, should not exceed what is paid to the
shorthand reporter and make sure it tracks with the
definition of a shorthand reporter. Also some language
that will cover if the smaller counties do want to have
an employee do the transcription.
Senator Close stated we will put in something like
"regularly employed public employees should receive no
additional compensation for recording or transcribing
the proceedings." Then we have the last portion which
says if he is a certified shorthand reporter and is
employed to transcribe the proceedings, he is to be paid
the same fees as applied in district court. Also we will
remove Section 4, subsection 1 and 2 and put this language
into Section 3. If there is no requirement for the
shorthand reporters to keep their tapes then they may be
destroyed 30 days after the time of appeal is up. Beyond
that point of recourse there is no point in keeping the
tapes and tl-ley ought to be able to dispose of them.
Senator Hernstadt moved that SB 267 be passed
out of Committee with II amend and do pass II
recommendation.
Seconded by Senator Dodge.
Motion carried unanimously.

8770
S-790
SECOND READING AND AMENDMENT
Senate Bill No. 267.
Bill ft!ad second time,
Tht: following amendment was proposed by the Committee on Judi-
ciary:
Amendment No. R13.
Amend section I, page 1, line I, by deleting" 1" and inserting' '4".
Amend section 1, page 1, line 2, by deleting "7,11 and insening
US," .
Amend section 2, page 1, by deleting lines J through 18 and insert-
ing:
"Sec. 2. Proceedings in each justice's courl must be recorded by
IJsmg sound recording equipment except where the board 0/ county
commissioners o/lhe county in which fhe court is located authorizes,
and [he jus/ice o[ (he peace appuints, a certified shorthand reporter 10
lake down tlie proceedings in the same manner and w)th the same
effect uS ill tJ district cOllrl. ".
Amend st.:t.::tion 3, rages 1 and 2, by deleting lines 19 through 25 on
page! and iint.!'s I through 3 on page 2 and inserting:
"Sec, 3, J, Each Justice 0/ the peace shall appoint and, with the
approval of the hoard 01 county COli/missioners, fix the compensation
of a silirahle fJl!rson, whu need flOt be a certilied shorthand reporter
alld ilia)! have olher in the COUl'l fa operate the sound,
rf!(urdif;g ('{/UI/J/J/{!Ill. The person so appoinled shall sub'}cl'ibe to an
outh OWl he will w upelute il as lU record all 01 the proceedings,
], rite Justh'e oj the peace may designute the or anorher per-
!;'Ofl 10 transcnl)f! the recurdlng into a wrilten transcript. The person so
df!.)'igfltl(ct/ shall fO an oath fhut he has correctly transcribed
If. Tilt' f!'(.mscripf muy be used lor al/ jor which (ranscripts
are IIsed and suhject to correction in the mille manner as other (ran-
!-.cripls. ",
sCl:!ion 4, page 2, by deleting lilies 4 through 6 anel inserting:
HSec , 4, I. If the person designuted /0 trun.::,cnbe (he proceedlllgs
is:
(a) Regularly employed as a public elllployee, he is not entitled (0
additional cUlllpellsatiun for preparinJ!, the frall!;'cript.
(b) Nut reJ!,ufurfy elllployed as a puhllc elllployee and flot a certified
repUf(t!f, he IS en tilled (() such cOlllpells,aliofl lor preparing
Jhe framcript as lhe uourc/ oj cuunty commissioners rlerermines.
(c) A celtl/ied !;'llOrt/ulIId reporter, he is en filled 10' fhe same fees for
preparing the transcript as ill the district court.
2. The jee!. for transcript!;,' and copies must be paid by the party
ordering (hl!lI/, III a civil case fhe preparation 0/ the transcript need
Ilot comml!l1ce ulllil the fees have been dep05iu!d with the clerk 0/ the
('our!. ".
Amend section 5, page 2, by deleting lines 7 through 10 and imerL-
ing:
"Sec. 5. The sound recording of eueh proceeding in justice>s courl
rnust be preserved wllil af leas! 30 days after ,he (irrle for filing an
.
w WW'F' '3m' ,'rTEF F
S-791
appeal expires. If no appeal is taken, the jusJlce pi Ihe peace may
order the destructIOn oj the recording at any time ajter that date. ij
there is an appeal to the districi court. the sound recording fIIust be
preserved until at least 30 day>" a/ler /inal disposition o/Ihe case on
appeal. but the justice 0/ the peace may order Ihe destruction 0/ the
recording at any time after that date. ".
Amend the bill as a whole by deleting sections 6 and 7 and renum-
bering section 8 as scction 6.
Amend section 8, page 3, by deleting lines 27 through 29 and insert-
ing:
"1.020 The s.upreme court, the [several1 district courts, and [such
mher courts. as the legislature shall designate, shall be] the justice5 >
courts are of record.".
Amend the bill as a whole by deleting section 9 and renumbering sec-
tions 10 through 15 as sections 7 through 12.
Amend section 10, page 4, by deleting lines 21 and 22 and inserting: .
(i1. Except as provided ill subsection 2, if (he district court finds
that the transcript 0/ a case Which was recorded by sound recording
equipment is materially or extensively defective, the case must".
Amend section 10, page 4, line 25, after C'Lourt." by inserting "or
stipulate to a particular chunge in (he transcnpt, ".
Amend section 10, page 4, line 26, after "transcript" by inserting
{{as accepted or chang;!(r',
Amend section 11, page 4, by lines 35 and 36:
"3, if the disfrict judge so re(l"eSiS, heIwe or after (he m
recurd, the justice oj the peaet! shall transmit (0 him the sound record- (D
itlg of (he case. ". !:J
Amend section' 12, page 4) by ddeling lint.: 38 and inserting:
"court [for trial anew.] to be judged on fhe record.". (D
Amend seclion 13. pages 4 and 5. by deleting line, 39 through 50 on tJ
page 4. and lines I through 15 on page 5 and inserting: PI
"Sec. 10. NRS 266.565 is hereby amended to read as follows: f-'.
266.565 I. The practice and in the municipal courtJ<
shall conform, as nearly as praclicable, to (he practice and proceedings
of justices' courts in similar ca$es [.J , except thai an appeal perfected 6
transfers the action to Ihe district court lor trial anew. The municipal
court be treated and a juslice's coun whenever the 9
proceedings thereof are called Irlto qut::slIon.' III
2. The papers and pleadings filed III the IIlunicipal court and pro- .......
ces"> i.,suing therefrom shall be entitled "In tile Municipal Court of the I
City of .... "
3. In all actions for the violation of allY ordinanLc, it shall be
dent if the complaint refer to the title and of the ordinance Ii
under which such action is brought, rs
4, Aft ,actions brought to recover any fInC or to enforce any penalty .......
under any ordinance of any city shall he brought in the corporate name w
of the city as plaintiff; and no prosecution, recovery or acquil!! lor 0
the violation of any such ordinance shall constitute a defense td any'" .
other prosecution of the same person for any other violation of any J-I
such ordinance, although the different causes of action at the
""
i '

r- I,
S-792
same time, and if,united would not have exceeded the-jurisdiction of a
justice's court..
Amend section 14, page 5, line 16, by deleting "3.320 to 3:380,
inclusive, Y'.
Senator Close moved the adoption of the amendment.
Amendment adopted.
Bill ordered reprinted. engrossed and to third reading. -
Senate Bill No. 412.
Bill read second time.
The following amendment was proposed by the Committee on-
Human Resources and Facilities:
. Amendment No. 821.
Amend section 1, page 1, by deleting lines 1 and 2 and inserting:
"Section 1. NRS 394.371 is hereby amended to read as follows:
394.371 1. The following kinds oC education and institutions are
exempted from the provisions of the - Postsecondary Educational
Authorization Act:
[1.1 (a) Institutions' exclusively offering instruction at any level
from preschool through the twelfth grade.
[2.] (b) Education sponsored by a bona fide trade, business, profes-
sional or fraternal organization, so recognized by the commission
solely for the organization's membership, or offered on a no-fee basis.
[3.) (c) Education solely avocational or recreational in nature, as
determined by the commission, and institutions offering such education
exclusively.
[4.) (d) Education offered by eleemosynary institutions, organiza-
tions or agencies, so recognized by the commission? if such education is
not advertised or promoted as leadmg toward educational credentials.
[5.f (e) Postsecondary educational institutions established, opera[ed
and governed by this state or its political subdivisions:
[6.) (f) Schools licensed under other provisions of Nevada law.
[7.) (gJ Flying schools certificated by the Federal Aviation Adminis-

(h) Educational seminars which qualify for exemption pursuant to
the provisions of subsection 2, and institutions conducting in this slate
only_educational seminars which so qu.altfy.
2. An educational seminar is not exempt jrom the provisions of the
Postsecondary Educational Authorization Act unless:
(a) It includes Jel"er than 40 clock hours oj instruc/lOn;
(b) It oifers oniy continuing education units or other types of
instruction jor which the units earned are not recognized as college
credits and do not lead toward an acaaeinic degree; and (c) Its adver-
tismg does not represent thai the instruction or training will prepare
persons at the entry level for any fIeld or occupation.
The ,commission shall adopt -regulations relatini to the criteria for
exemption set forth in this subsection and may prescribe conditions
and procedures for the granting of exceptions. H.
Amend the bill as a whole, by deleting sections 2 through I!.
Amend the title of the bill to read:
8
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(REPRINTED WlTII ADOPTED AMENDMENTS)
FIRST REPRINT
S.B.267
SENATE BILL NO. 267-COMMITTEE ON JUDICIARY
FEBRUARY 27, 1979
o
Referred to Committee on Judiciary
SUMMARY-Transforms justices' courts to courts of record. (BDR 1-1493)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: No.
EXPUNAnON-Matter in ltaIlcs is n w ~ matter in brackets r ] is material to be omitted.
AN ACT relating to iustices courts: transforming them to courts of record; and
providing other matters properly relating thereto.
The People of the State of Nevada. represented in Senate and Assembly.
do enact as follows:
1 SECTION 1. Chapter 4 ofNRS is herebY amended bv adding thereto
2 the provisions set forth as ,",ctions 2 to 5, inclusive. of this act.
a SEC. 2. ProceedinRs in each justice's caurt must be recorded by using
4: sound recordinR equipment except where the board of county comm;s-
5 sioners of the countv in which the COflrf if) located authnrizes, and the
6 justice of the peace oopoints, a certified shorthond reporter to take down
------, 7 the proceedings in the same manner and with the same eOect as in a
8 district court.
9 SEC. 3. 1. Each iustice of the peace shall appoint and, with the
10 approval of the board of cOllnty commissionas, fix the compensation of
11 a suitable person, who need not be a certified shorfhnnd reporter and
12 may have other responsibilities in the court to operate the sound record-
13 ing e(lldpment. The person so apnointed sholl wb,cribe to an oath that
14 he will so operate it as to record all of the proceedings.
15 2. The justice of the peace may desi?nate the same or another per-
16 san to transcribe the recording into a written transcript. The person so
17 designated shall SIIbscribe to an oath that he has correctlv transcribed it.
18 The transcript may be used for all purposes for which transcripts are
19 used and is subiect to correction in the same manner as other transcripts.
20 SEC. 4. 1. If the person designated to transcribe the proceedings is:
21 (a) Regularly employed as a public employee, he is not entitled to
22 additional compensation for preparing the transcript.
23 (b) Not regularly employed as a public employee and not a certified
24 shorthand reporter, he is entitled to such compensation for preparing
25 the transcript as the board of county commissioners determines.
--2--
1 (c) A certified shorthand reporter, he is entitled to the same fees for
2 preparing the transcript as in the district court.
3 2. The fees for transcripts and copies must be paid by the party
4 ordering them. In a civil case the preparation of the transcript need not
5 commence until the fees have been deposited with the clerk of the court.
6 SEC. 5. The sound recording of each proceeding in justice's court
7 must be preserved until at least 30 days after the time for filing an appeal
8 expires. If no appeal is taken. the justice of the peace may order the
9 destruction of the recording at any time after that date. If there is an
10 appeal to the district court, the sound recording must be preserved until
11 at least 30 days after final disposition of the case on appeal, but the
12 justice of the peace may order the destruction of the recording at any
13 time after that date.
l4 SEC. 6. NRS 1.020 is herebv amended to read as follows:
15 1.020 The supreme court, the rseveral] district courts, and [such
16 other courts as the legislature shall designate, shall be] the justices'
17 courts are courts of record. .
18 SEC. 7. Chapter 189 of NRS is hereby amended by adding thereto
19 a new section which shan read as follows:
20 1. Except as provided in subsection 2. if the district court finds that
21 the transcript of a case which was recorded by sound recording equipment
22 is materially 01' extensively defective, the case must be returned for retrial
23 in the justice's court from which it came.
24 2. If all oarties to the appeal stiDulate to being bound by a Darticular
25 transcrilJl 01 the proceedings in the justice's court, or stipulate to a
26 particular change hi the transcript, an apDeal based on that transcript as
27 accepted or changed may be heard by/the district court without regard
28 to any defects in the transcript.
29 SEC. 8. NRS 189.030 is hereby "mended to read as follows:
30 189.030 1. The iustice [must,] shall, within 10 days after the
31 notice of appeal is filed. transmit to the clerk of the district court the
32 transcript of the case, all other papers relating to the case and a certified
33 copy of his docket ..
34 2. The jnstice shall give notice to the appellant or his attorney that
35 [all such papers] the transcript and all other papers relating to the case
36 have been filed with the clerk of the district court.
37 3. If the district judge so reauests, before or after recelVlng the
38 record, the justice of the peace shall transmit to him the sound recording
39 of the case.
40 SEC. 9. NRS 189.050 is hereby amended to read as follows:
41 189.050 An appeal duly perfected transfers the action to the district
42 court [for trial anew.l to be judged on the record.
43 SEC. 10. NRS 266.565 is hereby amended to read as follows:
44 266.565 1. The practice and proceedings in the municipal court
45 shall conform, as nearly as practicable, to the practice and proceedings
46 of justices' courts in similar cases [.] , excepl that an appeal perfected
4,7 transfers the action to the district court for trial anew. The muniCipal
48 court shall be treated and considered as a justice's court whenever the
49 proceedings thereof are called into question.
-3-
1 2. The papers and pleadings filed in the municipal court and process
2 issuing therefrom shall be entitled "In the Municipal Court of the City
3 of ........................................ .'.
4, 3. In all actions for the violation of any ordinance, it shall be suffi-
5 cient if the complaint refer to the title and section of the ordinance under
6 which such action is brought.
7 4. All actions brought to recover any fine or to enforce any penalty
8 under any ordinance of any city shall be brought in the corporate name
9 of the city as plaintiff; and no prosecution, recovery or acquittal for the
10 violation of any such ordinance shall constitute a defense to any other
11 prosecution of the same person for any other violation of any such ordi-
12 nance, although the different causes of action existed at the same time,
13 and if united would not have exceeded the jurisdiction of a justice's court.
14 SEC. 11. NRS 189.040 and 189.080 are hereby repealed.
15 SEC. 12. This act shall become.effective on January 1, 1980.
,
1
;
,
S-842
Concurrent Resolution No. 32.
Senator Gibson moved that the resolution be referred to the Com-
millet on Legislative FunctIOns.
Motion
Assembly Concurrent Resolution No, 42.
Senator Glh':lon moved that the resolution .be referred to the Com-
millee on Legislative Functions.
Motion .
Scnotor Close moved that Senate Bill No. 424 be re-referred to the
Committee on Finance.
Mlliion carried.
SenJlOf Gibwn moved that Assembly Dill No. 210 be re-referred to
the COllllllillCt on Government AffaIrs.
Remarks by Senator Gibson.
earned. .
By Committee on Taxation:
Senate Cn!1cllrrent Resolution No. 43-Encouragmg the board of
COlllllY commissioners of each county to prepare and distribute infor-
nW\IOIl on the leVYing of taxes and the distribution of tax revenues.
Sr;nalill Ulaser moved that lhc resolution be referred to the Commit-
Taxation.
't,llh)1I (allied.
By (illllmitice on Judiciary:
Concurrent No. 44--Dlrecting the legislativc commiSSIOn to
\ludy Ihe of limiting the liabilily of manufacturers and scll-
('f\ lor pCr\lJlhd injury, death or property damage CLHI\CJ by defective
pltHIII':t'\.
"H 1\,1I1'1r ('!O'll! moved tllat the resolution be referred to the Cummit-
1C'f' \111 I'unctions.
\'ull\nl
U". ( o!T1ll1incc on Judiciary:
n..l'C JI)1111 RC'to!utton No. 25-Proposing to amend section 9 of
4rl,.!c (, of lill! l..oll'lliLULlOll of thc State of Nevada, relating to munici-
r.\l .. \)UI1\. Iii Jlhlw for municipal courts of record.
II." t .... , h, /1,1' \,IIU/t' I1ml ,1\\(!lIlhly oj the Sf(f[e uj N(!l'aria, JOIn(ly, That scc-
.. ' .. I, 1,1 Ill] 01 Ihe SIUle of Nevada he amended 10 read d!:.
. .
I, . '-' ., 1',n"lllU'i \hall hc TllInk hy 1,\v.' jJlc!:.ctibing the dutic:; Ilnd
, . :., ... ,,' .'oe> ,I! .. Oil \1\1111. 1[1.11 Coull Ilhlt IlhlY be in purS\lJncc of Sec
J . ( ,",' ", .. 1(, .Illd . by law Ihe Junsdiclion of [said Court so as
.... ..... ,"""''''\ ....... ".A' ,Ii Iht; \cvl;IJI oj Record.] (hal calirI.
'-rn..a'I'" rUI1"1Ci.1 thill the resolution be r'cferred to the Commit-
I
\,
"Il .. , MAl 1111 ",ND THIRD READING
'Mt '0 ;fJ"
It :: ft'..JJ IhrrJ IIIH(,
,
\ .
Roll call on Senale Bill No. 267'.
YEA!:.-20.
NAn-Nonc,
Senate Bill No. 267 having received a constiwtional lnajority, Mr.
President declared it passed, as amenued.
Bill ordered transmitted to lhe Assembly.
Senale'Bili No. 311.
BJ!I read third time.
Re,marks by Senator Gibson.
Roll call on Senate Bill No. 311:
YEAS--20.
NAYS-None.
,
Senate Bill No. 311 having a conslillIlional majority, Mr.
President declared it passed, as amended.
Bill ordered transmilled lo Assembly.
Senale Bill No. 412.
Bill reael third time.
Roll call on Senale Bill No. 412:
YEA.'l-20.
NAYs-Non!.!.
Senate Hill No. 412 having received a constitutIonal majority, Mr.
President declared it as amended.
Bill ordered transmitted to the Assemhly.
UNHNISHED BUSINtcss
CONSIDERAIION OF ASS[MllLY AMEN[)MENr:.
Senate Bill No. 258.
The following Assembly amendment was read:
Amendment No. 70(}.
Amend section 1, page I, line II, by deleting "5" and
"J 0" .
Amend section I, page J, by liLlding line 12 and inserting:
"301-500 5
501 and above 3",
Senator Lnm h moved that lhe Senate do concur in the
amendment [0 Senate Bill No. 258.
MOlion carried.
Uill ordered enrolled.
Senate Bill No. 49.
The follo\Xing Assembly amendment was read:

f-'.
t-'
><
c..,
Assemblyg
r;
::;
Pi
t-'
Amendment No. 754. 8:.
Amend section 4, page 3, by deleting line 27 and inserting:
"Sec. 8. [The] I. SuhjeC/ 10 Ihe powers of Ihe Audil and Taxa-
(fun Committee to approve, rejeCl or revise all of the All/llor-1\.)
ily, and 10 levy all laXe' Oil ils "ehulf, Ihe Authority shall be governed'
by a Board 01'''. t-'
Amend section 4, page 3, line 40, after bracket by insertmg
"Governors consisting of". \0 ,

1'" .
i..::t- I
f-'> I
Minutes of the State
. JUDICIARY
Assembly Commlt1ee on ______________________________. ________ .. ------------.-.---.- .. --.,----.-
. May 7, 1979
Date. _____ ..... __ .. __ .. ___ . ____ .. __ . ___ . ___ . __
Page: ____ ___ . __ . __. ___ ... _. ___ .. __ --... --------.--
A Form 70
Members Present:
Chairman Hayes
Vice Chairman Stewart
Mr. Banner
Mr. Brady
Mr. Coulter
Mr. Fielding
Mr. Horn
Mr. Malone
Mr. Polish
Mr. Prengaman
Mr. Sena
11embers Absent:
None
Guests Present:
Carl Dodge
Jean Ford
Sam Mamet
Russell McDonald
Ray Pike
Terry J. Reynolds
Don Robb
Jack Stratton
Larry Struve
Senator
Senator
Clark County
County Commissioners Association
Deputy Attorney General, Gaming
Control Board
Office of the Courts
Attorney
Gaming Control Board
Deputy Attorney General
Chairman Hayes called the meeting to order at 8:07 a.m.
SENATE BILL 267
Transforms justices' courts to courts of record.
Senator Dodge said that this bill went back approximately ten
years to a study that he chaired concerning the court system
in Nevada. A recommendation then was to make a court of rec-
ord out of the justice court.
Senator Dodge said that the bill would provide that machinery
record the proceedings of justice courts. He said that jus-
tices of the peace did not feel that voices could be dis tin-
guished on the tapes if there was a transcript needed of the
proceedings.
Senator Dodge said that passage 0= this type of legislation
would have the effect of avoiding the necessity of going
through a total rehearing if a case went to the district
court. He said that a person gets two shots at being acquit-
ted. A second effect of the bill would be to encourage a
three-tier court system in Nevaca. This system would consist
(Committee
8769
'155

A Form 70
of lower courts, district courts, and appellate courts. He
felt this would also give lower courts more stature by making
them courts of record.
Senator Dodge said that the specific thrust of the bill is
the allowing of a taped record of proceedings. He said that
section 2 of the bill provides that proceedings must be re-
corded by using sound recording equipment except in certain
situations where a certified shorthand reporter was available.,
Section 3 would allow present employees of the justice court
to operate the recording machinery. Subsection 2 of this
section would let the same person transcribe from the tape in
case there was an appeal to the district court level. Section
5 of the bill would provide for preservation of the tape for
30 days after the time for filing an appeal expires.
Senator Dodge said that Section 7, Line 20 anticipates a
situation where a tape is destroyed or does not record prop-
erly. If this happened, he said that there would be a retrial
in justice court. He said this could happen once in a while,
but holding a new trial in justice court would be not nearly
extensive as going to the district court. Effective date of
the bill would be January 1, 1980, to allow justices of the
peace to go through training on the use of the equipment at
their Fall training seminar at the Judicial College in Reno.
Hr. Fielding asked if this tape recording might be used
against a justice of the peace to show possibly that he did
not follow proper procedures. Senator Dodge said this would
be possible, but he said that a defendant has the same option
now in district court. He said this should not be considered
a trap to expose the limited legal knowledge of a justice of
the peace.
Senator Dodge said that the cost of this type of equipment for
each court would be $1200 to $1300 a machine. Tapes would
not be that expensive, although there would probably be a
larger initial cost.
Mr. Stewart asked why municipal courts had not been included
in this bill. Senator Dodge answered that it would be uncon-
stitutional to include municipal courts at this time. He
said that a joint resolution had been introduced to address
this s'ituation.
Chairman Hayes asked if it would be constitutional to hold a
new trial just because a tape recording was defective. Senator
Dodge said that the same situation happens if a court reporter
becomes ill or dies before a transcript of a court proceeding
is done.
Hr. Harnet said that Clark County felt this bill would make
sense in modernizing the judicial system in the State.
(Comnllttee
8769
}'finutes of the State
Assembly Committee on _______JDPJ_CJl' __R. __
Dar e:_J:ta,y ___ 7 __ '---__1. '1-.1_9 ___________ _
Page: ____;!
A Fonn 70
Mr. McDonald said he would wonder if the effective date would
give small cOill1ties enough time and opportunity to budget
money for purchase of such equipment. He said that with pro-
posed restraints on spending, this bill might not "fly" for
some time.
Mr. Reynolds said that he had been working on a grant that
would produce funds to be able to assist the counties in
purchasing sOill1d recording equipment. He said that the effec-
tive date of this bill would allow plenty of time for pur-
chasing this equipment.
Mr. Reynolds said that the case most frequently appealed to a
district court is a conviction of DUI. He said that other
cases that could be appealed are usually not because district
courts are usually tougher than the justice courts. He said
the DUI appeals are usually delaying tactics so that indiv-
iduals do not get these points on their driving records.
SENATE BILL 420
Provides for gaming licenses for limited partner-
ships.
Mr. Stratton said that on Page 9, Line 16, all of the taxing
sections were included except NRS 463.385. On Line 13 of the
same page, after the word, "re-organization," the following
language should be added; "and approved by the commission,".
SENATE BILL 438
Limits duration of and expands permitted reasons for
temporary furloughs of prison inmates.
Senator Ford presented a letter to the Committee regarding
this bill (Exhibit A). She said that there were some inmates
that did not deserve this type of privilege, but she said
there were others who could be helped by keeping in touch
with society. She stated that she had received letters from
women prisoners concerning the reasons they would favor a
bill such as this.
Mr. Stewart said that he felt a reason for criminal pill1ish-
ment is to let a person be responsible for his acts. He said
that prisoners receive a lot of benefits they did not get 30
years ago.
Senator Ford stated her agreement that a person should be re-
sponsible for his actions, but she said that the thing to
remember is that sooner or later, the prisoner will probably
be released back into society. She said that it would seem
that allowing the warden to let the prisoners get ready to be
responsible when they get out should be something that is
done.
(Committee )Hnu/es)
8769
957
Minntes of the Neyada St:lte
Assembly Committee on. ___ . ___JJJRJ.(;:.;I_h.BX ____ ._ ....
Date: ____}1i3y._?( ___ _______ _
Page: __._l ..... _._..
ASSEMBLY JOINT RESOLUTION 29
Mr. Malone moved Do Pass on A.J.R. 29; Mr. Prengaman seconded
the motion. The Committee approved the motion on the follow-
ing vote:
Aye Hayes, Stewart, Brady, Coulter, Fielding, Malone,
Prengaman - 7.
Nay Banner - 1.
Absent - Horn, Polish, Sena - 3.
SENATE BILL 420
Mr. Stewart moved to AQend, and
Mr. Malone seconded the motion.
motion on the following vote!
Do Pass S.B. 420 as Amended;
The Committee approved the
Aye - Hayes, Stewart, Brady, Coulter, Fielding, Malone,
Polish, Prengaman - 8.
Nay None.
Absent - Banner, Horn, Sena - 3.
SENATE BILL 267
Chairman Hayes suggested the amendment on Page 1, Line 3 of
the word Hmust rr to 11 may II
Mr. Stewart said that this would give local justices of the
peace the option of using a tape recorder or using a court
reporter in their courtrooms. This would further eliminate
two trials for a misdemeanor that is presently appealed to
the district court.
Mr. Prengaman moved to Pnend, and
Mr. Coulter seconded the motion.
motion on the following vote:
Do Pass S.B. 267 as Amended;
The Committee approved the
Aye Hayes, Stewart, Brady, Coulter, Fielding, Horn,
Malone, Polish, Prengaman - 9.
Nay None.
Absent - Banner, Sena - 2.
ASSEMBLY JOINT RESOLUTION 30
Mr. Horn moved Do Pass of A.J.R. 30; Mr. Malone seconded the
motion. The Committee approved the motion on the following
vote!
Aye - Hayes, Brady, Fielding, Horn, Malone, Polish - 6.
Nay - Prengaman - 1.
Not Voting - Stewart, Coulter - 2.
Absent - Banner, Sena - 2.
(CommIUee l'Ifinutes)
S61
A Form 70
8769
';'.'.'
Assembly Daily Journal - May 24, 1979
A-1440
If the comffi1SSlon determines -that [such] the business or person is
unsuitable to be associated with a gaming emerprise, [such association
shall] the association must be terminated. An)' agreement which enti-
tles a business other than gaming to be conducted on [such] the prem-
ises, or entitles a person or business other than gaming to conduct
business with the licensed gaming establishment as set forth in para-
graph (b) or (c) of this sllbsection, is subject to lermination upon a
finding of unsuitability of the business or of any person assoclated
therewith. Every such agreement [shall] mllst be deemed to include a
provision fOf ils terminalion without liability on the part of lhe licensee
upon a finding hy the commission that the business or any person asso-
ciated therewith is unsuitable to be associated with a gaming enterprise.
Failure expressly to include [such a] thaI condItion in the agreement is
not a defense in any action brought pursuant to this section to termi-
nate the agreement. If the application is not presented to the board
within 30 days follmving demand or the unsuitable association is not
terminated, the commission may pursue any remedy or combination of
remedies provided In this chapter.".
Amend the bill as a whole by inserting a new section, designated
tion 24, following section 23, to read as follows:
"Sec. 24. Section 14 of this act shall become effective at 12:01 a.m.
on July 1,1979.".
Assemblyman Stewart moved the adoption of the amendment.
Remarks by Assemblyman Stewart.
Amendment adopted.
Bill ordered reprinted, fe-engrossed and to third reading.
SECOND READING AND "MENDMENT
Senate Bill No. 267.
1\111 readsecono tlme.
The following amendment was proposed by the Committee on Judi-
Clary:
Amendment No. 1065.
Amend section 2, page I , line 3, deleting and inserting
H
fnay
".
Amend section 3, page I, line 9, by deleting "shall" and inserting
Hmay".
Amend section 9, page 2, line 42, by deleting the period and insert-
ing Hi! the proceedings were recorded. If nat, the action mllsf be Ined
anew in the district court .. H.
Amend the title of the bill to read:
"An Act relating to justices' courts; constituting them courts of
record; authorizing use of sound recording equipment in justices'-
courts as an alternative [0 shorthand' reporting of proceedings; and
providing other matters properly relating thereto.".
Assemblyman "Stewart moved the adoption of the amendment.
Remarks by Assem biyman Stewart.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate I
Bill reae
The foJ
Judiciary;
Amendr
Amend
Hvehicle".
Amendr.
Amend
Amend
"3. TI:
sec lion 9 (
f
hrrrUIU\--------
Senate I
Bill read

Roll call
YEAs-40
NAYS-N(
Senate J
Speaker pI
Bill ord,
Assembl
the Genera

Motion,
Mr. Speaker
Your COil
576, has had
with the rec(
Senate E
Bill read
As;embl
The fall.
(REPRINTED WITH ADOPTED AMENDMENTS)
SECOND REPRINT
S. B. 267
SENATE BILL NO. 267-COMMITTEE ON JUDICIARY
FEBRUARY 27, 1979
,
Referred to Co=ittee on Judiciary
SUMMARY-Transforms justices' courts to court! of record (BDR 1-1493)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: No.
ExPlANATiON-Mltler in UGUc8 JJ new; matter in brackcl!l [ ) it IDfIterial to be omitted.
AN ACT relating to justices courts; constituting them courts of record; authorizing
Use of sound recording equipment in justices' courts as an alternative to
shorthand reporting of proceedings; and providing other matters properly
relatiog thereto.
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows: .
1 SECTION I. Chapter 4 of NRS is hereby amended by adding tbereto
2 the provisions set forth as sections 2 to 5, inclusive, of this act. .
3 SEC. 2. Proceedings in each justice's court may be recorded by using
4 sound recording equipment except where the board of county commis-
5 sioners of the county in which the court is located authorizes, and the
6 justice of the peace appoints, a certified shorthand reporter to take down
7 the proceedings in the same manner and with the same effect as in a
8 district court.
9 SEC. 3. 1. Each justice of the peace may appoint and, with the
10 approval of the board of county commissioners, fix the compensation of
11 a suitable person, who need not be a certified shorthand reporter and
12 may have other responsibilities in the court to operate the sound record-
13 ing equipment. The person so appointed shall subscribe to an oath that
14 he will so operate it as to record all of the proceedings.
15 2. The justice of the peace may designate the same or another per-
16 son to transcribe the recording into a written transcript. The person so
17 designated shall subscribe to an oath that he has correctly transcribed it.
18 The transcript may be used for all purposes for which transcripts are
19 used and is subject to correction in the same manner as other transcripts.
20 SEC. 4. 1. If the person designated to transcribe the proceedings is:.
21 (a) Regularly employed as a public employee, he is not entitled to
22 additional compensation for preparing the transcript.
23 (b) Not regularly.employed as a public employee and not a certified
-2-
1 sharthand reporter, he is entitled to such compensation for preparing'
2 the transcript as the board of county commissioners determines.
3 (c) A certified shorthand reporter, he is entitled to the same fees for
4, preparing the transcript as in the district court.
5 2. The fees for transcripts and copies must be paid by the party
6 ordering them. In a civil case the preparation of the transcript need not
7 COmmence until the fees have been deposited with the clerk of the court.
8 SEC. 5. The sound recording of each proceeding injustice's court
9 must be preserved until at least 30 days after the time for filing an appeal
10 expires. If no appeal is taken, the' justice of the peace may order the,
11 destruction of the recording at any time after that date. If there is an
12 appeal to the district court, the sound recording must be preserved until
13 at least 30 days after final disposition of the case on appeal, but the
14 justice of the peace may order the destruction of the recording at any
15 time after that date.
16 SEC. 6. NRS 1.020 is hereby amended to read as follows:
17 1.020 The supreme court, the [several] district courts, and [such
18 other courts as the legislature shall designate, shall be] the justices'
19 courts are courts of record.
20 SEC. 7. Chapter 189 of NRS is hereby amended by adding thereto
21 a new section which shall read as follows:
22 J. Except as provided in subsection 2, if the district court finds that
23 the transcript of a case which was recorded by sound recording equipment
24 is materially or extensively defective, the case must be returned for retrial
25 in the justice's court from which it came.
26 2. If all parties to the appeal stipulate to being bound by a particular
27 transcript of the 'proceedings in the justice's court, or stipulate to a
28 ' particular change in the transcript, an appeal based on thaI transcript as
29 accepted or changed may be heard by the district court without regard
30 to any defects in the transcript.
31 SEC. 8. NRS 189.030 is hereby amended to read as follows:
32 189.030 1. The justice [must,] shall, within 10 days after the
33 notice of appeal is filed, transmit to the clerk of the district court the
34 transcript of the case, all other papers relating to the case and a certified
35 copy of his docket.
36 2. The justice shall give notice to the appellant or his attorney that
37 [all such papers] the transcript and all other papers relating to the case
38 have been filed with the clerk of the district court.
39 3. II the district judge so requests, betore or after receiving the
40 record, the justice of the peace shall transmit to him the sound recordil'!g
41 of the case.
42 SEC. 9. NRS 189.050 is hereby amended to read as follows:
43 189.050 An appeal duJy perfected transfers the action to the district
44 court [for trial anew.] to be judged on the record if the proceedings
45 were recorded. If not, the action must be tried anew in the district court.
46 SEC. 10. ,NRS 266.565 is hereby amended to read as follows:
47 266.565 1. The practice and proceedings in the municipal court
48 shall conform, as nearly as practicable, to the practice and proceedings
49 of justices' courts in similar cases [.] , except that an appeal perfected
50 transfers the action to the district court for tria/anew. The municipal
--3--
1 court shall be treated and considered as a justice's court whenever the
2 proceedings thereof are called into question.
3 2. The papers and pleadings filed in the municipal court and process
4 issuing therefrom shall be entitled "In the Municipal Court of the City
5 of ......................................... "
6 3. In all actions for the violation of imy ordinance, it shall be suffi-
7 cient if the complaint refer to the title and section of the ordinance under
8 which such actiou is brought.
9 4. All actions bro)lght to recover any fine or to enforce any penalty
10 .under any ordinance of any city shall be brought in the corporate name
11 of the city as plaintiff; and no prosecution, recovery or acquittal for the
12 violation of any such ordinance shall constitute a defense to any other
13 prosecution of the same person for any other violation of any such ordi-
14 nance, although the different causes of action existed at the same time,
15 and if united would not have exceeded the jurisdiction of a justice's court.
16 SEC. 11. NRS 189.040 and 189.080 are hereby repealed.
11 SEC. 12. This act shall become effective on January 1, 1980.

Assembly Daily Journal - May 26, 1979

Senate Bill No. 263.
Bill read third time.
Remarks by Assemblymen Dini and Prengaman.
Roll call on Senate Bill No. 263:
YEAS-24.
NAYS-Barcngo, Brady. Bremner, Ca"nar, Coulter, FitzPatrid.., GetLo, Horn.
Mann, Prengaman, Tanner, \Vagner, Webb, Weise-14.
_ Absent-Bennell, Rohlnson-2.
Senate Bill No. 263 having received a constitutional majority, Mr.
Speaker pro 1'empore declared it passed, as amended.
Bill ordered transmitted to the.Senate.
Senate Bill No. 267.
BIICiead--thlf'd tlme.
Remarks by Assemblymen Stewart and Wagner.
Roll call on Senate Bill No. 267:
YEA$-37.
NAYS-Hickey.
Robinson-2.
Senate Bill No. 267 having received a constitutional majority, Mr.
Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Joint Resolution No. 25.
Resolution read third time.
Remarks by Assemblyman Stewart.
Roll call on Senate Joint Resolution No. 25:
YEAS-38.
'NAys-None
Absent-Bennett, Robinson-2.
Senate Joint Resolution No. 25 having received a constitutional
majority, Mr. Speaker proTempore declared it passed.
Resolution ordered transmitted to the Senate.
Senate Bill No. 154.
Bill read third time.
The following amendment was proposed by Assem blyman C;haney:
Amendment No. 1385 .
Amend section I, page 2. line 3, by deleting the brackets from
around and deleting "shalr',
Assemblyman Hayes moved the adoption of the amendment.
Remarks by Assemblyman Hayes.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 586.
Bill read third time.
Remarks by Assemblyman Mello.
Roll call on Bill No. 586:
YEAS-38.
NAys-None::.
Robinson-2.
Senate Bil
Speaker pro
Bill order<
Spe;;::
Bergevin an
with a like
Assembly Bi
IN
By the Cc
Assembly
general fune
fish and ga

5hfT.
endi f1'
porCof'ceri- -
June 30, 19'
Assembly
far had cor
ered
and placed,
Motion c,
Mr. Speaker:
Your Comr
had the same
recornmendatl
Assembly
The folio
Amendm
Amend t
the words'
Assembi)
amendment
Remarks
Motion c
Resolutio
Assembl)
action on S
(REPRINTED WITH ADOPTED AMENDMENTS)
TIDRD REPRINT
S. B. 267
SENATE BILL NO. 267-COMMITTEE ON JUDICIARY
FEBRUARY 27, 1979
Referred to Committee on Judiciary
SUMMARY-1'nndOl1llll justices' couru to couru of record. (BDR 1-1493)
FISCAL NOTE: Effect on 'Local Government: Yes.
Effect on the St8.tc or on Industrial Insurance: No.
ExpLANAnON-Matter in ltaUc6 ia new; matter in brackets [ ] II materlal to be omitted.
AN ACT relating to justices' courts; transforming them to courts of record; and
providing otber mattcfl'I properly relating thereto.
The People of the State of Nevada, represented in Senate and Assembly,
do enact as joUOW$:
1 SECTION 1. Chapler 4 of NRS is hereby amended by adding thereto
2 the provisions set forth as sections 2 to 5, inclusive, of this act.
3 SEC. 2. Proceedings in each justice's court must be recorded by using
sound recording equipment except where the board at county commis-
5 sioners of the county in which the court is located authorizes, and the
6 justice of the peace appoints, a certified shorthand reporter to take down
7 the proceedings in the same manner and with the same effect as in a
8 district court.
9 SEc. 3. 1. Each justice at the peace shall appoint and, with the
10 apprCNal of the board of county commissioners, fix the compensation of
11 a suitable person, who need not be a certified shorthand reporter and
12 may have other responsibilities-in the court to operate the sound record-
13 ing equipment_ The person so appointed shall subscribe to an oath that
14 he will so operate it as to record all of the proceedings_
15 2 _ The iU$tice of the peace may design"te the same or another per-
16 son to transcribe the recording into a written transcript. The person so
17 designated shall subscribe to 'an oath that, he has correctly transcribed it_
18 The transcript may be U$ed for all purposes for whkh transcripts are
19 used and is oubject to correction it' the mme manner as other transcripts..
20 SEC_ 4_ 1. If the person designated to transcribe the proceedings is:
21 (a) Regularly empl"yed as a public empl.oyee, he is not entitled to
22 additional compensation for preparing the transcript. ,
23 (b) Not regularly emplayed as a public employee and not a certified
24 shorthand reporter, he is entitled to such campensation for preparing
25 the transcript as the board of county commissioners determines. '
--2,--
1 (c) A certified shorthand reporter, he is entitled to the same fees for
2 preparing the transcript as in the district court.
3 2. The fees for transcripts and copies must be paid by the party
4 ordering them. In a civil Case the preparation of the transcript need not
5 COmmence until the fees have been deposited with the clerk of the court.
6 SEC. 5. The sound recording of each proceeding in justice's court
7 must be preserved until at least 30 days after the time for filing an appeal
8 expires, If no appeal is taken. the justice of the peace may order the
9 destruction of the recording at any time after that date. If there is an
10 appeal to the district court, the sound recording must be preserved until
11 at least 30 days after final disposition of the case on appeal, but the
12 ,justice of the peace may order the destruction of the recording at any
13 time after that date.
14 SEC. 6, NRS 1.020 is hereby amended to read as follows:
15 1.020 The supreme court, the [several] district courts, and [such
16 other courts as the legislature shall designate, shall be] the justices'
17 courts are courts of record.
18 SEC. 7. Chapter 189 of NRS is hereby amended by adding thereto
19 a new section which shall read as follows:
20 I. Except as provided in subsection 2, if the district court finds that
21 the transcript of a case which was recorded by sound recording equipment
22 ' is materially or extensively defective, the case must be returned for retrial
23 in the justice's court from which it came.
24 2. If all parties to the appeal stipulate to beinlLbound by a particular
25 transcript of the proceedings in the justice's court, or stipulate 10 a
26 particular change in the transcript, an appeal based on that transcript as
27 accepted or changed may be heard by the district court without regard
28 to any defects in the transcript.
29 SEC. 8. NRS 189,030 is hereby amended to read as follows:
30 189,030 I. The' justice [must,] shall, within 10 days after the
31 notice of appeal is filed, transmit to the clerk of the district court the
32 transcript at the case, all other papers relating to the case and a certified
33 copy of his docket.
34 2. The justice shall give notice to the appellant or his attorney that
35 [all such papers] the transcript and all other papers relating to the case
36 have been filed with the clerk of the district court.
37 3. If the district judge so requests, before or after receiVing the
38 record, the justice of the peace shall transmit to him the sound recording
39 of the case.
40 SEC. 9. NRS 189,050 is hereby amended to read as follows:
41 189.050 An appeal duly perfected transfers the action to the district
42 court [for trial anew.] to be judged On the record.
43 SEC. 10 .. NRS 266,565 is hereby amended to read as follows:
44 266.565 1. The practice and,proceedings in the municipal court
45 shall conform, as nearly as practicable, to the practice and proceedings
46 of justices' courts in similar cases [.] , except that an appeal perfected
47 transfers the action to the district court for trial anew. The municipal
48 court shall be treated and considered as a justice's court whenever the
49 proceedings thereof are called into question.

3-
1 2. The papers and pleadings filed in the municipal court and process
2 issuing therefrom shall be entitled "In the Municipal Court of the City
3 of ____________________ .. __________________ ."
4 3. In all actions for the violation of any ordinance, it shall be suffi-
5 cient if the complaint refer to the title and section of the ordinance under
6 which such action is brought.
7 4. All actions brought to recover any fine or to enforce any penalty
8 under any ordinance of any city shall be brought in the corporate name
9 of the city as plaintiff; and no prosecution, recovery or acquittal for the
10 violation of any such ordinance shall constitute a defense to any other
11 prosecution of the same person for any other violation of any such ordi-
12 nance, although the different causes of action existed at the same time,
13 and if united would not have exceeded the jurisdiction of a justice's court.
14 SEC. 11. NRS 189.040 and 189.080 are hereby repealed.
15 SEC. 12. This act shall become effective on January I, 1980.
" t .
Sena'e Bill No. 267-Comm!tteo',,",ludiciary
, .
. .
AN Acr :relating to- justic4s courts; transfollhihg them to C01lrtl\ of IIeCOnJ; and
providing other maUcn properly relating tbereto.
The People of the State of Nevada, represented in Senate "aniJ Assembly,
. do enact as follows: ," . . , ".
SI!CTION' 1. Chapter 4 of.NRS is hereby amended by adding-thereto
the provisions set forth as sections 2 to 5, inclusive, of this act.
SEC. 2. in each iustice's court must be recorded by using
sound recording equipment except where the board of county commis-
sioners. at the county in Which the court is located authorizes, and the
justice of the peace appoints, a certified sholthand reporter to take down
the proceedings in the same manner and with the same effect as in a
district court.
SEC. 3. 1. Each justice of the peace shall app(!int and, with the
approval of the board of county commissioners, fix the compensation of
a suitable person, who need not be a certified shorthand reporter and
may have other responsibilities in the court to operate the sound record
ing equipment. The person so appointed shall subscribe to an oath that
he will sa operate it as to record all of the proceedings.
2. The justice of the peace may designate the same or another per-
SOn to transcribe the recording into a written transcript. The person, so
designated shall subscribe to an oath that he has correctlY transcribed it.
The transcript may be used for all purpous for which transcripts are
used and is subject to correction in the same manner as other transcripts.
SEC. 4. 1. If the person designated to transcribe the proceedings is:
(a) Regularly employed as a public employee, he i. not entitled to
additional compensation jor preparing the transcript.
(b) Not tegularly employed as a public employee and not a certified
shorthand reporter, he is entitled to such compensation for preparing
the transcript as the board of county commis.siorlers determines.
(c) A certified shorthand reporter, he is entitled to the same fees for
preparinff the transcript as in the district court.
2. The fees for transcripts and copies must be paid by the party
ordering them. In a civil case the preparallon of the transcript need not
commence until the fees have been deposited with the clerk of the court.
SEC. 5. The sOllnd recording of each proceeding in justice's court
must be preserved until at least 30 days atter the time for filing an appeal
expires. If no appeal is taken, the jllstice at the peace may order the
destruction of the recording at any time atter that date. 1/ there is an
appeal to the district the sound recording must be preserved until
at least 30 days after final disposition of the ca,e on appeal, but the
justice of the peace may order the destmetion of the recording at any
time after that date.
SEC. 6. NRS 1.020 is hereby amended to read as follows
1.020 The supreme court, tiii [several] district courts, and [such
other courts as the legislature shall designate, shall be] the justices'
courts are courts of record.