Judicial selection in Nevada
| Judicial selection in Nevada | |
 | |
| Nevada Supreme Court | |
| Method: | Nonpartisan election |
| Term: | 6 years |
| Nevada Court of Appeals | |
| Method: | Nonpartisan election |
| Term: | 6 years |
| Nevada District Courts | |
| Method: | Nonpartisan election |
| Term: | 6 years |
Judicial selection refers to the process used to select judges for courts. At the state level, methods of judicial selection vary substantially in the United States, and in some cases between different court types within a state. There are six primary types of judicial selection: partisan and nonpartisan elections, the Michigan method, assisted appointment, gubernatorial appointment, and legislative elections. To read more about how these selection methods are used across the country, click here.
This article covers how state court judges are selected in Nevada, including:
- Nevada Supreme Court,
- Nevada Court of Appeals,
- Nevada District Courts, and
- Limited jurisdiction courts
As of April 2025, judges in Nevada were selected through nonpartisan elections. Click here to notify us of changes to judicial selection methods in this state.
Nevada Supreme Court
- See also: Nevada Supreme Court
The seven justices of the Nevada Supreme Court are elected to six-year terms in nonpartisan elections. When their terms expire, justices must run for re-election if they wish to remain on the court.[1]
Qualifications
To serve on the Nevada Supreme Court, a person must:
- be at least 25 years old;
- be licensed and admitted to practice law in Nevada, and have been licensed and admitted to practice law in the United States for at least 15 years, including at least two years in Nevada;
- be a qualified elector; and
- have been a state resident for at least two years preceding the election[2]
Chief justice
The chief justice of the supreme court is chosen according to seniority. According to state law, if there are two or more eligible justices, the chief justice is determined by lot.[3] Alternatively, the internal operating procedures of the supreme court allow the possibility of an agreement between eligible justices.[4] According to the Administrative Office of the Courts in Nevada, often the eligible members of the court will agree to a lesser term as chief justice if there are multiple eligible justices in the last two years of their terms who want to serve in that capacity. Such agreements have been memorialized by a court order or other official document filed with the clerk.[5]
Vacancies
In the event of a midterm vacancy, the Nevada Commission on Judicial Selection solicits and screens applicants. The commission presents a list of three nominees to the governor, who appoints one to fill the vacancy until the next general election. If the predecessor's term is not expiring that election cycle, the appointed justice must win the election to the court to serve the remainder of the unexpired term.[6]
The map below highlights how vacancies are filled in state supreme courts across the country.
Nevada Court of Appeals
- See also: Nevada Court of Appeals
The three judges of the Nevada Court of Appeals are elected to six-year terms in nonpartisan elections. When their terms expire, judges must run for re-election if they wish to remain on the court.[7]
Qualifications
To serve on the Nevada Court of Appeals, a person must:
- be at least 25 years old;
- be licensed and admitted to practice law in Nevada, and have been licensed and admitted to practice law in the United States for at least 15 years, including at least two years in Nevada;
- be a qualified elector; and
- have been a state resident for at least two years preceding the election[7]
Chief judge
The chief justice of the supreme court appoints the chief judge of the court of appeals for an initial term of two years. Subsequent terms are four years.[8]
Vacancies
In the event of a midterm vacancy, the Nevada Commission on Judicial Selection solicits and screens applicants. The commission presents a list of three nominees to the governor, who appoints one to fill the vacancy until the next general election. If the predecessor's term is not expiring that election cycle, the appointed judge must win the election to the court to serve the remainder of the unexpired term.[9]
Nevada District Courts
- See also: Nevada District Courts
The judges of the Nevada District Courts are chosen in nonpartisan elections and serve six-year terms. When their terms expire, judges must run for re-election if they wish to remain on the court.[10]
Qualifications
To serve on the Nevada District Courts, a person must:
- be at least 25 years old;
- be licensed and admitted to practice law in Nevada, and have been licensed and admitted to practice law in the United States for at least 10 years, including at least two years in Nevada;
- be a qualified elector; and
- have been a state resident for at least two years preceding the election[11]
Chief judge
Each district court that includes a county with a population of at least 100,000 in its judicial district selects a chief judge by peer vote. The term for chief judge is two years.[11][1]
Vacancies
In the event of a midterm vacancy, the Nevada Commission on Judicial Selection solicits and screens applicants. The commission presents a list of three nominees to the governor, who appoints one to fill the vacancy until the next general election. If the predecessor's term is not expiring that election cycle, the appointed judge must win the election to the court to serve the remainder of the unexpired term.[9]
Limited jurisdiction courts
Nevada has two types of limited jurisdiction courts: Nevada Justice Courts and Nevada Municipal Courts. For more information on these elections, visit the Nevada judicial elections page.
Nevada Justice Courts
- See also: Nevada Justice Courts
Justices of the peace are elected to six-year terms in nonpartisan elections.[12]
To serve as justice of the peace, a person must:
- be a qualified elector;
- have a high school diploma or its equivalent;
- never have been removed from judicial office by the commission on judicial discipline.[12]
In townships with populations of at least 100,000, justices of the peace must be licensed and admitted to practice law in Nevada. They must also be licensed and admitted to practice law in the United States for at least five years.[12]
Nevada Municipal Courts
- See also: Nevada Municipal Courts
Municipal judges in Nevada may be elected or appointed.[13] Terms of office are set by city ordinance or city charter.[14]
To serve as a municipal judge, a person must:
- be a citizen of Nevada;
- have been a resident of the city for at least one year (unless otherwise specified by a special charter); and
- be a qualified elector within the city[14]
History
Below is a timeline noting changes to judicial selection methods in Nevada, presented in reverse chronological order.
- 2014: A constitutional amendment created the Nevada Court of Appeals, with judges elected to six-year terms.[15][8]
- 1976: A constitutional amendment established that judicial vacancies would be filled by assisted gubernatorial appointment. Another amendment established the Nevada State Commission on Judicial Discipline and increased the tenure of district judges from four years to six years.[16][17]
- 1864: Nevada's 1864 constitution established that supreme court justices were to be elected by popular vote to six-year terms and district court judges were to be elected to four-year terms.[16][18]
Courts in Nevada
In Nevada, there is one federal district court, a state supreme court, a state court of appeals, and trial courts with both general and limited jurisdiction.
Click a link for information about that court type.
The image below depicts the flow of cases through Nevada's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.
Selection of federal judges
United States district court judges, who are selected from each state, go through a different selection process from that of state judges.
The district courts are served by Article III federal judges, who are appointed for life during good behavior. They are usually first recommended by senators (or members of the House, occasionally). The President of the United States nominates judges, who must then be confirmed by the United States Senate in accordance with Article III of the United States Constitution.[19]
In other states
Each state has a unique set of guidelines governing how they select judges at the state and local level. These methods of selection are:
Election
- Partisan election: Judges are elected by the people, and candidates are listed on the ballot alongside a label designating political party affiliation.
- Nonpartisan election: Judges are elected by the people, and candidates are listed on the ballot without a label designating party affiliation.
- Michigan method: State supreme court justices are selected through nonpartisan elections preceded by either partisan primaries or conventions.
- Retention election: A periodic process whereby voters are asked whether an incumbent judge should remain in office for another term. Judges are not selected for initial terms in office using this election method.
Assisted appointment
- Assisted appointment, also known as merit selection or the Missouri Plan: A nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list.[20] At the state supreme court level, this method is further divided into the following three types:
- Bar-controlled commission: The state Bar Association is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees that they must choose from.
- Governor-controlled commission: The governor is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees they must choose from.
- Hybrid commission: The judicial nominating commission has no majority of members chosen by either the governor or the state bar association. These commissions determine membership in a variety of ways, but no institution or organization has a clear majority control.
Direct appointment
- Court appointment: Judges are selected by judges in the state judiciary.
- Gubernatorial appointment: Judges are appointed by the governor. In some cases, approval from the legislative body is required.
- Legislative election: Judges are selected by the state legislature.
- Municipal government selection: Judges are selected by the governing body of their municipality.
See also
External links
Footnotes
- ↑ 1.0 1.1 National Center for State Courts, "Methods of Judicial Selection: Nevada | Selection of Judges," accessed August 20, 2021
- ↑ Nevada Legislature, " NRS 2.020 Qualifications," accessed August 20, 2021
- ↑ Nevada Legislature, "NRS 2.030 Election; Chief Justice," accessed August 20, 2021
- ↑ Nevada Judiciary, "Nevada Supreme Court: Internal Operating Procedures," May 20, 2021
- ↑ This information was provided to Ballotpedia in an email from the Administrative Office of the Courts in Nevada.
- ↑ Administrative Office of the Courts, "FACTS and FAQs," accessed August 20, 2021
- ↑ 7.0 7.1 Nevada Legislature, "Chapter 2A - Court of Appeals," accessed August 20, 2021
- ↑ 8.0 8.1 Nevada Legislature, "The Constitution of the State of Nevada," accessed August 20, 2021 (Article 6 Section 3A)
- ↑ 9.0 9.1 Nevada Legislature, "The Constitution of the State of Nevada," accessed August 20, 2021 (Article 6 Section 20)
- ↑ Nevada Legislature, "The Constitution of the State of Nevada," accessed August 20, 2021 (Article 6 Section 5)
- ↑ 11.0 11.1 Nevada Legislature, "Chapter 3 - District Courts," accessed August 20, 2021
- ↑ 12.0 12.1 12.2 Nevada Legislature, "Chapter 4 - Justice Courts," accessed August 20, 2021
- ↑ Nevada Legislature, "Chapter 266 - General Law for Incorporation of Cities and Towns," accessed August 20, 2021 (NRS 266.405)
- ↑ 14.0 14.1 Nevada Legislature, "Chapter 5 - Municipal Courts," accessed August 20, 2021
- ↑ Supreme Court of Nevada, "Overview of the Appellate Courts," accessed August 20, 2021
- ↑ 16.0 16.1 National Center for State Courts, "History of Reform Efforts: Nevada," accessed August 20, 2021
- ↑ Nevada Legislature, "Constitutional amendments to be voted upon in state of Nevada at general election, November 2, 1976," accessed August 20, 2021
- ↑ Nevada Legislature, "Constitution," July 28, 1864
- ↑ U.S. Courts, "FAQ: Federal Judges," accessed March 26, 2015
- ↑ American Bar Association, "Judicial Selection: The Process of Choosing Judges," accessed August 10, 2021
Federal courts:
Ninth Circuit Court of Appeals • U.S. District Court: District of Nevada • U.S. Bankruptcy Court: District of Nevada
State courts:
Nevada Supreme Court • Nevada Court of Appeals • Nevada District Courts • Nevada Justice Courts • Nevada Municipal Courts • Clark County Family Court, Nevada
State resources:
Courts in Nevada • Nevada judicial elections • Judicial selection in Nevada
