The Nevada Judicial System
The Judiciary is a separate and coequal branch of Nevada’s State Government, along with the Executive and Legislative Branches. (See Nevada Constitution, Art. 3, Section 1)
In Nevada, the judiciary consists of the Nevada Supreme Court, Court of Appeals, and three levels of trial courts – state District Courts, county Justice Courts, and city Municipal Courts.
Nevada’s Appellate Courts
The Supreme Court of Nevada
The Supreme Court, composed of seven Justices, functions as the highest judicial authority within the State. Its rulings set binding legal precedents. The principal duty of the Justices is to review appeals from trial courts, determining whether legal errors occurred and ensuring that verdicts and judgments were delivered impartially. Appeals are typically considered by panels of three Justices, whereas cases presenting substantial legal issues are decided by the entire court.
The Court of Appeals
The Court of Appeals consists of three judges, and cases are assigned to it from the Supreme Court using a deflective model based on Supreme Court Rules. This system helps the Supreme Court expedite appeals by transferring certain cases to the Court of Appeals, while keeping those that involve novel legal questions or significant public policy matters.
Nevada’s Trial Courts
The Fifth Judicial District Court
Overview
Nevada District Courts function as trial courts with general jurisdiction. They adjudicate all felony and gross misdemeanor criminal matters, as well as family, juvenile, and civil cases where the amount in controversy exceeds $15,000.
The state is divided into 11 Judicial Districts with a total of 90 District Court Judges serving Nevada’s 17 counties. Nye and Esmeralda Counties fall within the Fifth Judicial District, which is administered by two District Court Judges. These judges preside regularly at the courthouses located in Tonopah (the county seat) and Pahrump in Nye County, as well as the Esmeralda Courthouse in Goldfield. Additionally, they hold jurisdiction to serve in any district court throughout the State of Nevada.
- Fifth Judicial District Department 1: The Honorable Kimberly A. Wanker
- Fifth Judicial District Department 2: The Honorable Robert W. Lane
Qualifications
The qualifications to serve as a Nevada district court judge are set forth in NRS 3.060.
NRS 3.060. Qualifications
1. A person may not be a candidate for and is not eligible to the office of district judge unless the person:
(a) Has attained the age of 25 years.
(b) Is an attorney licensed and admitted to practice law in the courts of this State at the time of the election or appointment.
(c) Has been an attorney licensed and admitted to practice law in the courts of this State, another state or the District of Columbia for a total of not less than 10 years at any time preceding the election or appointment, at least 2 years of which have been in this State.
(d) Is a qualified elector and has been a bona fide resident of this State for 2 years next preceding the election or appointment.
(e) Is registered to vote in this State.
(f) Has not ever been removed from any judicial office by the Legislature or removed or retired from any judicial office by the Commission on Judicial Discipline.
Justice Courts in the Fifth Judicial District
Overview
Justice courts are responsible for adjudicating misdemeanor criminal matters, criminal traffic cases, and conducting preliminary hearings for gross misdemeanors and felonies. In addition, justice courts address civil traffic violations, certain civil matters (including small claims up to $10,000 and other civil cases under $15,000), protection orders, and landlord-tenant disputes. These courts are classified as courts of limited jurisdiction.
Appellate review of Justice Court decisions falls under the authority of the Fifth Judicial District Court.
Within the Fifth Judicial District, Nye County is served by three justice courts located in Pahrump, Beatty, and Tonopah, while Esmeralda County has one justice court.
Pahrump Justice Court:
Dept A: Justice of the Peace Kirk Vitto
Dept B: Justice of the Peace Michele Fiore
Beatty Justice Court:
Justice of the Peace Gus Sullivan
Tonopah Justice Court:
Justice of the Peace Jennifer Klapper
Esmeralda County Justice Court:
Justice of the Peace Dani Johnson
Qualifications
The qualifications to serve as a Justice of the Peace in Nye and Esmeralda Counties, whose population is less than 100,000 are set forth in NRS 4.010.
NRS 4.010 Qualifications
1. A person may not be a candidate for or be eligible to the office of justice of the peace unless the person is a qualified elector, is registered to vote in the township and has never been removed or retired from any judicial office by the Commission on Judicial Discipline. For the purposes of this subsection, a person is eligible to be a candidate for the office of justice of the peace if a decision to remove or retire the person from a judicial office is pending appeal before the Supreme Court or has been overturned by the Supreme Court.
2. A justice of the peace must have a high school diploma or its equivalent as determined by the State Board of Education.
3. In addition to any other requirement provided by law or a court rule, a justice of the peace who is not licensed or admitted to practice law in the courts of this State at the time of his or her election or appointment must pass an examination prescribed by the Nevada Supreme Court within 18 months after taking the official oath. The examination must test the competency of the examinee’s knowledge on subject matters related to the duties of a justice of the peace, including, without limitation:
(a) Judicial decorum;
(b) Application of the Revised Nevada Code of Judicial Conduct;
(c) Criminal and civil actions and proceedings over which a justice court has jurisdiction, including, without limitation, the issuance of temporary or extended orders for protection; and (d) The financial administration of a court, including, without limitation, the minimum accounting standards of a justice court.
Municipal Courts in the Fifth Judicial District
There are no municipal courts in the Fifth Judicial District.