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The Need for a Court of Appeals 1. Now, more than ever before, Nevada needs a Court of Appeals We address three important questions. 1. Why is the court.

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Presentation on theme: "The Need for a Court of Appeals 1. Now, more than ever before, Nevada needs a Court of Appeals We address three important questions. 1. Why is the court."— Presentation transcript:

1 The Need for a Court of Appeals 1

2 Now, more than ever before, Nevada needs a Court of Appeals We address three important questions. 1. Why is the court of appeals needed? 2. How will it operate? 3. What will it cost? 2

3 Nevada’s Current System Nevada Supreme Court 7 Justices District Court 82 Judges Justice Court 67* Justices of the Peace *9 Justices serve in a dual capacity as Municipal Court Judges Municipal Court 21 Judges 3

4 Why is the Court of Appeals Needed?  Currently, 56% of all appeals take more than six months to be heard, with 29% taking more than one year.  The Nevada Supreme Court hears every case that is appealed from the lower courts, including driver’s license revocation appeals and prisoner food complaints.  The Nevada Supreme Court Justices have the highest per-justice caseloads of any State Supreme Court in the United States.  The burden is expected to grow dramatically.  In fiscal year 2012, 2,500 cases were filed. The court resolved 2,270 cases leaving 1,990 cases pending. 4

5 Supreme Court Cases Filed and Disposed Projections for the 2013 – 2015 Biennium FY 10FY 11FY 12FY 13FY 14*FY 15* New Cases Filed2,2662,3952,5002,3332,4002,467 Cases Resolved2,4192,2202,2702,3732,2702,270 Cases Pending1,5141,6891,9191,8792,0092,206 *Projections for cases are based on an average annual increase in filings from FY10-FY12 It took 112 years – from statehood on October 31, 1864 until August 12, 1977 – for the first 10,000 cases to be filed in the Nevada Supreme Court. Over the next 30 years – from 1977 to August 13, 2007 – 40,000 more cases were filed, 10,000 of which were filed between The 60,000 th case was filed on January 9,

6 Characteristics of Nevada and Other Selected States Without Courts of Appeals. All data from respective states’ most recent annual report or web page ( ).

7 Ballot Question 1 Proposal Minimum of three judges Statewide jurisdiction Utilizes existing infrastructure  Supreme Court Building (Northern NV)  Regional Justice Center (Southern NV)  No facility costs, operating costs of $1,497,000 per fiscal year, which include the salaries of the Judges and their staff Nevada Supreme Court District Court Justice Court Municipal Court Appellate Court 7

8 Nevada Court of Appeals Ballot Question 1  3-Judge Court sitting in the Regional Justice Center and hearing cases in Carson City  Using a push down model, approximately 700 select cases assigned to the Court of Appeals  No need for a new court clerk or central legal staff  No added judicial bureaucracy with Writ of Certiorari review only to the Supreme Court 8

9 Nevada Court of Appeals Ballot Question 1  Article 6 of Nevada’s Constitution would be amended by adding new section 3A and amending section 4 to provide in part:  Sec. 3A “1. The court of appeals consists of three judges or such greater number as the Legislature may provide by law....”  “Sec. 3A “2. After the initial terms, each judge of the court of appeals must be elected by the qualified electors of this State at the general election for a term of 6 years.... The initial three judges of the court of appeals must be appointed by the Governor.... The term of the initial judges is 2 years beginning on the first Monday of January next after the effective date of this Section....” 9

10 Operating Costs are offset by Supreme Court reversions to the State General fund  Fiscal year 2009 the Nevada Supreme Court reverted nearly $2,500,000 to the General Fund  Fiscal year 2010 the Nevada Supreme Court reverted $872,571 to the General Fund  Fiscal year 2011 the Nevada Supreme Court reverted $1,287,378 to the General Fund 10

11 Benefits of the Court of Appeals  Will allow the state Supreme Court to focus on important issues  Reduce case backlog  Operated at minimal cost to the State  Efficiently manage all appeals so parties can quickly receive a decision and move on with their lives  Maintain high quality in the judicial process  Ensure appellate decisions are rendered in a timely manner  Establish an error correction court 11


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