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Info about the Eighth Judicial District Court.

Monthly Archives: February 2020

Far too many families with loved ones facing addiction end up with heartbreak. The stories shared at the recent Eighth Judicial District Specialty court graduation were heartwarming. Families and friends came to cheer on loved ones who many previously feared were forever lost to their addiction. Success stories for those who have overcome addiction, translate to families that can rest easier knowing that they don’t have to worry about their family member being on the street, getting arrested or worse. It means that that their loved one will rejoin their family, be responsible and have a chance at a positive life. It’s a burden lifted from families that ripples through our community.

Three veterans were among this class of graduates. They received specially made quilts from Jarenie Trachier with Valor Quilters of Nevada. The quilts are presented in gratitude of the veterans’ service and to provide them comfort during challenging times.

Congresswoman Susie Lee, who represents Nevada’s third district, addressed the latest class of  grads to complete their intensive treatment programs to start a new life. “This program not only gets you back on your feet, but it also prevents recidivism and coming back through the revolving door,” said Congresswoman Lee. She was referring to the revolving door of addiction and incarceration. Congresswoman Lee encouraged, “When you’re going through hell, just keep on going. There’s going to be times that are trying over the next few years.” She congratulated the grads, thanked the courts, the treatment coordinators and the families and friends who supported the grads on their journey. She said, “It’s  the programs like this on the ground that are really improving people’s lives.”

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During the recent legislative session, a “red flag” law was passed to enable requests for an ex parte or extended order to remove guns from high risk individuals. The law, which became effective on January 1 this year, appears in Nevada Assembly Bill 291 (AB291) with some amendments in AB480. The amendments clarify when the district court has jurisdiction and eliminate a conflicting time provision.

The new law authorizes a family member,  household  member,  or  law enforcement  officer  to  file  a  verified  application  to  obtain  an  ex parte  or  extended order  against  a  person  who engages in high risk behavior.  High risk behavior has a number of definitions, including when a person uses or attempt to use violence or physical force against themselves or another person; when a person communicates a threat of imminent violence; or when a person engages in conduct that presents a danger while the person is in possession of a firearm.  When the protective order is granted, the subject of the petition is prohibited  possessing  or  having  under  his  or  her  custody  or control or by purchasing or otherwise acquiring any firearm.

The law requires the court to have 24/7 availability for law enforcement to have telephonic hearings.  For family applications and for non-telephonic law enforcement applications, hearings must be held the day the application is filed or the next judicial day.

After the order is granted, the law requires service by the appropriate law enforcement agency.  The subject of the application is required to relinquish all firearms and any concealed weapons permits immediately.   The subject of the application then has seventy-two hours to file a receipt with the court.  All orders are reported to the Nevada Criminal Repository.

The court commenced with handling the applications and will have a designated judge on duty on a weekly rotating schedule. The civil/criminal division judges will handle ex parte or extended order applications, since those involved will likely have a nexus with the criminal justice system. Since the “red flag” provision is new, the application volume has not yet been gauged. If needed, a second judge will be designated to meet application demand.

Forms to obtain an ex parte or extended order are available on the Eighth Judicial District Court website forms page or at the Civil Law Self-Help Center located in the Regional Justice Center at 200 Lewis Ave.

To see the law visit the Nevada State Legislature website:



This article by Chief Judge Linda Marie Bell was originally published in the in Communiqué, the official publication of the Clark County Bar Association (February 2020)

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