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- 83rd Session (2025)
Assembly Joint Resolution No. 8–Assemblymembers
Dalia and Backus
FILE NUMBER..........
ASSEMBLY JOINT RESOLUTION—Proposing to amend the
Nevada Constitution to authorize the Legislature, to
the extent money is available, to provide by law for the
establishment of a business court.
Legislative Counsel’s Digest:
This resolution proposes an amendment to the Nevada Constitution to authorize
the Legislature, to the extent money is available, to provide by law for the
establishment of a business court which, if established, will have exclusive original
jurisdiction to hear disputes involving shareholder rights, mergers and acquisitions,
fiduciary duties, receiverships involving business entities and other commercial or
contractual disputes between business entities and any other business disputes of a
similar nature in which equitable or declaratory relief is sought. If the Legislature
establishes a business court, the constitutional amendment proposed by this
resolution requires the Legislature to: (1) establish by law a Special Nominating
Commission for the selection of nominees for the office of business court judge; (2)
provide by law for the appointment of business court judges by the Governor from
among three nominees for each seat chosen by the Commission ; (3) prescribe by
law the powers, duties and responsibili ties of any such judges; and (4) fix by law
the terms of any such judges. The constitutional amendment proposed by this
resolution also provides that if the Legislature establishes a business court, the
Supreme Court will have exclusive appellate jurisdict ion of cases within the
original jurisdiction of the business court. Finally, the constitutional amendment
proposed by this resolution makes various conforming changes to provisions in the
Nevada Constitution relating to the business court.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
RESOLVED BY THE ASSEMBLY AND SENATE OF THE STATE OF
NEVADA, JOINTLY, That a new section, designated Section 3B, be
added to Article 6 of the Nevada Constitution to read as follows:
Sec. 3B. 1. The Legislature may, to the extent money
is available, provide by law for the establishment of a
business court consisting of three judges o r such greater
number as the Legislature may provide by law pursuant to
subsection 9.
2. If the Legislature provides by law for the
establishment of a business court pursuant to subsection 1,
the business court shall have exclusive original jurisdiction
to hear disputes involving shareholder rights, mergers and
acquisitions, fiduciary duties, receiverships involving
business entities and other commercial or contractual
disputes between business entities and any other business
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disputes of a similar nature in which equitable or
declaratory relief is sought. Upon receipt of a petition, the
chief judge of the business court may, in his or her
reasonable discretion, order the transfer of a dispute
presented to the business court to the appropriate district
court if the chief judge finds that the dispute would be more
appropriately adjudicated in the district court.
3. If the Legislature provides by law for the
establishment of a business court pursuant to subsection 1,
the Legislature shall:
(a) Establish by law a Special Nominating Commission
for the selection of nominees for the office of business court
judge and prescribe by law the composition of the
Commission in accordance with subsection 5;
(b) Prescribe by law the procedures governing the
nomination process of the Special Nominating Commission;
(c) Provide for the appointment of:
(1) Business court judges by the Governor in
accordance with subsection 4; and
(2) A chief judge of the business court by the Chief
Justice of the Supreme Court;
(d) Prescribe by law the powers, duties and
responsibilities of business court judges in accordance with
subsection 6; and
(e) Fix by law the:
(1) Terms of office of business court judges in
accordance with subsection 7; and
(2) Term of a chief judge of the business court in
accordance with subsection 8.
4. The judges of the business court must be appointed
by the Governor from among three nominees selected for
each individual seat by the Special Nominating Commission
established pursuant to paragraph ( a) of subsection 3 . A
nominee selected by the Commission must, as determined in
the reasonable discretion of the Commission, have
substantial experience as a practitioner or judge in one or
more areas of law within the jurisdiction of the business
court.
5. The Special Nominating Commission must be
composed of the following members, or their respective
designees:
(a) The Speaker of the Assembly;
(b) The Majority Leader of the Senate;
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(c) The Chief Justice of the Supreme Court of Nevada;
(d) The Chief Judges of the t wo most populous judicial
districts;
(e) A district judge from a judicial district other than the
two most populous judicial districts; and
(f) Such additional members as the Legislature may
prescribe by law.
6. A business court judge must, for matters with in the
jurisdiction of the business court, have the same powers and
duties and be subject to the same limitations and restrictions
that are applicable to a district judge.
7. Except for the business court judges initially
appointed, the term of office of each business court judge
must be 6 years. Each business court judge who desires to
succeed himself or herself must, on or before July 1 next
preceding the expiration of his or her term of office, declare
his or her candidacy in the manner provided by law. With
respect to each business court judge who so declares, the
question must be presented at the next general election, in a
form provided by law, whether that business court judge
shall succeed himself or herself . If 55 per cent or more of
the votes cast on the question are in favor of the business
court judge succeeding himself or herself, the business
court judge shall succeed himself or herself. The term of
office of each business court judge who succeeds himself or
herself is 6 years, and that term begins on the first Monday
of January next following the general election at which the
business court judge was chosen to succeed himself or
herself. If a judge does not declare his or her candidacy or
if less than 55 percent of the votes cast on the question are
cast in favor of the business court judge succeeding himself
or herself, a vacancy is created at the expiration of his or
her te rm which must be filled by appointment pursuant to
subsection 4.
8. Except for the initia l chief judge of the business
court, the chief judge serves a term of 6 years. The chief
judge may:
(a) Succeed himself or herself.
(b) Resign the position of chief judge without resigning
from the business court.
9. If the Legislature provides by law for the
establishment of a business court pursuant to subsection 1,
the Legislature may, as the caseload of the business court
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may require and to the extent that money is available
therefor, provide by law for an increase or decrease in the
number of business court judges or divisions of the business
court as may be necessary for the proper and timely
administration of the business court docket.
10. The Supreme Court has exclusive appellate
jurisdiction in all cases arising in a business court.
And be it further
RESOLVED, That Section 1 of Article 6 of the Nevada
Constitution be amended to read as follows:
Section 1. 1. The judicial power of this State is vested
in a court system, comprising a Supreme Court, a court of
appeals, a business court, if the Legislature establishes such
a court pursuant to Section 3B of this Article, district courts
and justices of the peace.
2. The Legislature may also establish, as part of the
system, courts for municipal purposes only in incorporated
cities and towns.
And be it further
RESOLVED, That Section 7 of Article 6 of the Nevada
Constitution be amended to read as follows:
Sec. 7. The times of holding the Supreme Court, the
court of appeals , the business court, if the Legislature
establishes such a court pursuant to Section 3B of this
Article, and the district courts must be as fixed by law. The
terms of the Supreme Court must be held at the seat of
government unless the Legislature otherwise provides by law,
except that the Supreme Court may hear oral argument at
other places in the State. The terms of the court of appeals
and the business court, if the Legislature establishes such a
court pursuant to Section 3B of this Article, must be held at
the place provided by law. The terms of the district courts
must be held at the county seats of their respective counties
unless the Legislature otherwise provides by law.
And be it further
RESOLVED, That Section 8 of Article 6 of the Nevada
Constitution be amended to read as follows:
Sec. 8. 1. The Legislature shall determine the number
of justices of the peace to be elected in each city and
township of the State and shall fix by law their qualifications,
their terms of office and the limits of th eir civil and criminal
jurisdiction, according to the amount in controversy, the
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nature of the case, the penalty provided or any combination of
these.
2. The provisions of this section affecting the number,
qualifications, terms of office and jurisdicti on of justices of
the peace become effective on the first Monday of January,
1979.
3. The Legislature shall also prescribe by law the
manner, and determine the cases, in which appeals may be
taken from justices and other courts. The Supreme Court, the
court of appeals, the business court, if the Legislature
establishes such a court pursuant to Section 3B of this
Article, the district courts and such other courts as the
Legislature designates are courts of record.
And be it further
RESOLVED, That Section 11 of Article 6 of the Nevada
Constitution be amended to read as follows:
Sec. 11. The justices of the Supreme Court, the judges
of the court of appeals , the business court judges, if the
Legislature establishes such a court pursuant to Section 3B
of th is Article, and the district judges are ineligible to any
office, other than a judicial office, during the term for which
they have been elected or appointed. All elections or
appointments of any such judges by the people, Legislature or
otherwise during s aid period to any office other than judicial
are void.
And be it further
RESOLVED, That Section 15 of Article 6 of the Nevada
Constitution be amended to read as follows:
Sec. 15. The justices of the Supreme Court, the judges
of the court of appeals, the business court judges, if the
Legislature establishes a business court pursuant to Section
3B of this Article, and the district judges are each entitled to
receive for their services a compensation to be fixed by law
and paid in the manner provided by law , which must not be
increased or diminished during the term for which they have
been elected [,] or appointed, unless a vacancy occurs, in
which case the successor of the former incumbent is entitled
to receive only such salary as may be provided by law at the
time of his election or appointment. A provision must be
made by law for setting apart from each year’s revenue a
sufficient amount of money to pay such compensation.
And be it further
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RESOLVED, That Section 20 of Article 6 of the Nevada
Constitution be amended to read as follows:
Sec. 20. 1. When a vacancy occurs before the
expiration of any term of office in the Supreme Court , [or]
the court of appeals or the business court, if the Legislature
establishes such a court pursuant to Section 3B of this
Article, or among the district judges, the Governor shall
appoint a justice or judge from among three nominees
selected for such individual vacancy by the Commission on
Judicial Selection or the Special Nominating Commission,
as applicable.
2. [The] Except as otherwise provided in this
subsection, the term of office of any justice or judge so
appointed expires on the first Monday of January following
the next general election. Any business court judge who is
appointed to fill a vacancy before the end of a term shall
serve the remainder of the unexpired term.
3. Each nomination for the Supreme Court or the court
of appeals must be made by the permanent Commission,
composed of:
(a) The Chief Justice or an associate justice designated by
him;
(b) Three members of the State Bar of Nevada, a public
corporation created by statute, appointed by its Board of
Governors; and
(c) Three persons, not members of the legal profession,
appointed by the Governor.
4. Each nomination for the district court must b e made
by a temporary commission composed of:
(a) The permanent Commission;
(b) A member of the State Bar of Nevada resident in the
judicial district in which the vacancy occurs, appointed by the
Board of Governors of the State Bar of Nevada; and
(c) A resident of such judicial district, not a member of
the legal profession, appointed by the Governor.
5. If at any time the State Bar of Nevada ceases to exist
as a public corporation or ceases to include all attorneys
admitted to practice before the cour ts of this State, the
Legislature shall provide by law, or if it fails to do so the
Supreme Court shall provide by rule, for the appointment of
attorneys at law to the positions designated in this Section to
be occupied by members of the State Bar of Nevada.
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6. The term of office of each appointive member of the
permanent Commission, except the first members, is 4 years.
Each appointing authority shall appoint one of the members
first appointed for a term of 2 years. If a vacancy occurs, the
appointing authority shall fill the vacancy for the unexpired
term. The additional members of a temporary commission
must be appointed when a vacancy occurs, and their terms
expire when the nominations for such vacancy have been
transmitted to the Governor.
7. An app ointing authority shall not appoint to the
permanent Commission more than:
(a) One resident of any county.
(b) Two members of the same political party.
No member of the permanent Commission may be a
member of the Commission on Judicial Discipline.
8. After the expiration of 30 days from the date on which
the Commission on Judicial Selection has delivered to him its
list of nominees for any vacancy, if the Governor has not
made the appointment required by this Section, he shall make
no other appointmen t to any public office until he has
appointed a justice or judge from the list submitted.
And be it further
RESOLVED, That Section 21 of Article 6 of the Nevada
Constitution be amended to read as follows:
Sec. 21. 1. A justice of the Supreme Court, a j udge of
the court of appeals, a business court judge, if the
Legislature establishes such a court pursuant to Section 3B
of this Article, a district judge, a justice of the peace or a
municipal judge may, in addition to the provision of Article 7
for impeachment, be censured, retired, removed or otherwise
disciplined by the Commission on Judicial Discipline.
Pursuant to rules governing appeals adopted by the Supreme
Court, a justice or judge may appeal from the action of the
Commission to the Supreme Court, which may reverse such
action or take any alternative action provided in this
subsection.
2. The Commission is composed of:
(a) Two justices or judges appointed by the Supreme
Court;
(b) Two members of the State Bar of Nevada, a public
corporation cr eated by statute, appointed by its Board of
Governors; and
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(c) Three persons, not members of the legal profession,
appointed by the Governor.
The Commission shall elect a Chairman from among its
three lay members.
3. If at any time the State Bar of Ne vada ceases to exist
as a public corporation or ceases to include all attorneys
admitted to practice before the courts of this State, the
Legislature shall provide by law, or if it fails to do so the
Supreme Court shall provide by rule, for the appointment of
attorneys at law to the positions designated in this Section to
be occupied by members of the State Bar of Nevada.
4. The term of office of each appointive member of the
Commission, except the first members, is 4 years. Each
appointing authority shal l appoint one of the members first
appointed for a term of 2 years. If a vacancy occurs, the
appointing authority shall fill the vacancy for the unexpired
term. An appointing authority shall not appoint more than one
resident of any county. The Governor sh all not appoint more
than two members of the same political party. No member
may be a member of a commission on judicial selection.
5. The Legislature shall establish:
(a) In addition to censure, retirement and removal, the
other forms of disciplinary a ction that the Commission may
impose;
(b) The grounds for censure and other disciplinary action
that the Commission may impose, including, but not limited
to, violations of the provisions of the Code of Judicial
Conduct;
(c) The standards for the investi gation of matters relating
to the fitness of a justice or judge; and
(d) The confidentiality or nonconfidentiality, as
appropriate, of proceedings before the Commission, except
that, in any event, a decision to censure, retire or remove a
justice or judge must be made public.
6. The Supreme Court shall adopt a Code of Judicial
Conduct.
7. The Commission shall adopt rules of procedure for
the conduct of its hearings and any other procedural rules it
deems necessary to carry out its duties.
8. No justice or judge may by virtue of this Section be:
(a) Removed except for willful misconduct, willful or
persistent failure to perform the duties of his office or
habitual intemperance; or
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(b) Retired except for advanced age which interferes with
the proper performance of his judicial duties, or for mental or
physical disability which prevents the proper performance of
his judicial duties and which is likely to be permanent in
nature.
9. Any matter relating to the fitness of a justice or judge
may be br ought to the attention of the Commission by any
person or on the motion of the Commission. The Commission
shall, after preliminary investigation, dismiss the matter or
order a hearing to be held before it. If a hearing is ordered, a
statement of the matter must be served upon the justice or
judge against whom the proceeding is brought. The
Commission in its discretion may suspend a justice or judge
from the exercise of his office pending the determination of
the proceedings before the Commission. Any justic e or judge
whose removal is sought is liable to indictment and
punishment according to law. A justice or judge retired for
disability in accordance with this Section is entitled thereafter
to receive such compensation as the Legislature may provide.
10. If a proceeding is brought against a justice of the
Supreme Court, no justice of the Supreme Court may sit on
the Commission for that proceeding. If a proceeding is
brought against a judge of the court of appeals, no judge of
the court of appeals may sit o n the Commission for that
proceeding. If a proceeding is brought against a business
court judge, if the Legislature establ ishes such a court
pursuant to S ection 3B of this Article, no judge of the
business court may sit on the Commission for that
proceeding. If a proceeding is brought against a district
judge, no district judge from the same judicial district may sit
on the Commission for that proceeding. If a proceeding is
brought against a justice of the peace, no justice of the peace
from the same townsh ip may sit on the Commission for that
proceeding. If a proceeding is brought against a municipal
judge, no municipal judge from the same city may sit on the
Commission for that proceeding. If an appeal is taken from an
action of the Commission to the Supre me Court, any justice
who sat on the Commission for that proceeding is disqualified
from participating in the consideration or decision of the
appeal. When any member of the Commission is disqualified
by this subsection, the Supreme Court shall appoint a
substitute from among the eligible judges.
11. The Commission may:
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(a) Designate for each hearing an attorney or attorneys at
law to act as counsel to conduct the proceeding;
(b) Summon witnesses to appear and testify under oath
and compel the production of books, papers, documents and
records;
(c) Grant immunity from prosecution or punishment when
the Commission deems it necessary and proper in order to
compel the giving of testimony under oath and the production
of books, papers, documents and records; and
(d) Exercise such further powers as the Legislature may
from time to time confer upon it.
And be it further
RESOLVED, That Section 3 of Article 7 of the Nevada
Constitution be amended to read as follows:
Sec. 3. For any reasonable cause to be entered on the
journals of each House, which may or may not be sufficient
grounds for impeachment, the justices of the Supreme Court,
the judges of the court of appeals , the judges of the business
court, if the Legislature establishes such a court pursuant to
Section 3B of Article 6 of this Constitution, and the judges of
the district courts must be removed from office on the vote of
two thirds of the members elected to each branch of the
Legislature. The justice or judge complained of must be
served with a copy of the complaint against him, and have an
opportunity of being heard in person or by counsel in his
defense. No member of either branch of the Legislature is
eligible to fill the vacancy occasioned by such removal.
And be it further
RESOLVED, That Section 8 of Article 15 of the Nevada
Constitution be amended to read as follows:
Sec. 8. The Legislature shall provide for the speedy
publication of all statute laws of a general nature and such
decisions of the Supreme Court , [and] the court of appeals
and the business court, if the Legislature establishes such a
court pursuant to Section 3B of Article 6 of this
Constitution, as it may deem expedient. All laws and judicial
decisions must be free for publication by any person. No
judgment of the Supreme Court , [or] the court of appeals or
the business court, if the Legislature establishes such a
court pursuant to Section 3B of Article 6 of this
Constitution, shall take effect and be operative until the
opinion of the court in such case is filed with the clerk of said
court.
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And be it further
RESOLVED, That this resolution becomes effective upon
passage.
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