Nevada voters to decide on appeals court in 2010

By David McGrath Schwartz

Monday, April 27, 2009 | 1:07 p.m.

Voters will decide whether to add a court of appeals to Nevada's legal system, as the Assembly unanimously passed a proposed constitutional amendment on Monday.

Senate Joint Resolution 9 has cleared both houses for the second consecutive Legislative Session, meaning it will be placed on the ballot in 2010.

Nevada is one of 11 states without an appeals court, and the largest, according to Nevada Supreme Court Chief Justice Jim Hardesty. That means district court decisions that are appealed go directly to the Nevada Supreme Court.

“It is time for Nevada to take this step,” he told the Legislature in his address last month.

He said the Supreme Court’s caseload has nearly tripled since 1980. The court has expanded only from five to seven justices.

Under the resolution, the appeals court would initially have at least three judges, each elected to six-year terms. The court would hear all appeals of civil cases from district courts and would handle questions of law in criminal cases.