Monthly Archives: March 2020
31/03/20 The work of District Court continues with alternative hearings and other measures
A lot of work is being conducted by the District Court amid the COVID-19 outbreak, due to a tremendous undertaking to implement new processes and enable alternative hearings. All currently scheduled non-essential District Court hearings are ordered to be conducted by video or telephonic means; decided on the papers; or rescheduled unless otherwise directed by a District Court judge. A call center at 702-455-4472 is taking calls to assist with rescheduling court appearance, arranging for appearance by alternative means or provide other information based on the circumstances of the appearance.
To schedule a remote hearing or learn what options are available visit: http://www.clarkcountycourts.us/virtual/
All Nevada Eighth Judicial District Court administrative orders related to COVID-19 can be found on the court website: http://www.clarkcountycourts.us/general/court-rules-and-administrative-orders/#Administrative%20Orders
All the orders related to COVID-19 can also be found in one searchable chart at AOsummaryChart3_31_20 Press cont F and enter a key word to search.
The Nevada Eighth Judicial District Court of Clark County, Nevada is the largest general jurisdiction court in Nevada. This jurisdiction encompasses all municipalities and outlying communities of Clark County. The 52 district court judges serve more than 2.1 million citizens. The court serves as the trial court for Nevada and is part of the judicial branch of state government as set forth by the Nevada Constitution. The court is a forum for lawful dispute resolution insuring a balance of branch powers and constitutional protections. The Eighth Judicial Court handles family law matters, felony criminal matters and civil matter in excess of $15,000 in the jurisdiction of Clark County.
For a full overview of the District Court Administrative Order 20-01 see related story:
Nevada Eighth Judicial District Order Halts Jury Trials, Implements Telephonic Hearings And Implements Other Measures To Protect Community https://wp.me/p1tnuA-1Fj
Tags: Clark County Courts, CornavirusClarkCountyCourtJuvenileMatters, coronavirus, Court Coronavirus response, COVID Administrative Order, COVID-19, COVID-19 court response, COVID-19 Courts, COVIDClarkCounty, Nevada Eighth Judicial District Court
28/03/20 Las Vegas Justice Court Administrative Order addresses evictions
The Las Vegas Justice Court issued an administrative order that addresses evictions and other issues. Questions have poured into the county regarding evictions.
Tags: coronavirus, Court Coronavirus response, COVID-19 court response, COVID-19 Courts, Las Vegas Eviction Help, Las Vegas Evictions during Coronavirus
27/03/20 Court issues order for managing Juvenile Matters During COVID-19 pandemic
Nevada Eighth Judicial District Court Chief Judge Linda Bell issued Administrative Order 20-12 to outline management of juvenile matters. In-custody juvenile matters will proceed, but matters for juveniles hospitalized, isolated or quarantined will be continued.
Contested hearings, detention hearings, hearings for entry of plea, certification hearings, disposition hearings, probation violation hearings, and parole violations for in-custody juveniles will continue to be heard. Absent extraordinary circumstances, these hearings shall be conducted through BlueJeans video. Clark County Juvenile Justice Services is ordered to provide a means for juveniles to appear by video from juvenile detention rather than transporting juveniles to Court. Appearances may be made from a smart phone or tablet, so this should not pose any significant expense or inconvenience to Juvenile Justice Services.
No in-custody juvenile who is hospitalized, isolated, or quarantined will be transported to court or appear for a court proceeding. Those matters are to be continued until the juvenile is no longer under any hospitalization, isolation, or quarantine.
All matters where the juvenile is out of custody will be continued for at least 30 days unless a District Court Judge determines that there is a critical need to hear an out-of-custody matter. In those cases, the juvenile must appear before the District Court Judge by BlueJeans video.
All specialty courts, Drug Court, DAAY Court, Diversion Court, and restitution court appearances will be continued for 30 days. Emancipations will be continued unless the court determines that there is a critical need for an emancipation.
No juvenile matter may proceed without the juvenile present either in person or by alternative means. If the juvenile is unavailable, the matter will be continued.
Signatures on Juvenile Written Admissions
In order to ensure the rights of juveniles are being protected while the court allows appearances by alternative means, all admissions must be in writing and include an acknowledgement of rights and an acknowledgement of the standard terms and conditions of probation or parole. Written admissions must be signed by the juvenile or signed by the juvenile’s attorney as set forth in Administrative Order 20-10 and be e-filed and accepted by the court prior to the hearing. For the week of March 30, 2020 only, written admissions may be filed after the court appearance.
Using AO 20-10 as a model for when an attorney may sign a guilty plea agreement on behalf of a defendant appearing by alternative means, if a juvenile is unable to physically sign the written admission, the admission shall be signed by counsel in the following manner:
“Signature affixed by (insert name of defense counsel) at the direction of (insert name of juvenile).”
The judge shall make a record that because of COVID-19 precautions that the juvenile was unable to physically sign the written admissions. The juvenile shall be canvassed by the judge taking the plea as follows:
· On page [say page number] of the admissions your attorney has signed your name with a notation that they signed it at your direction. Is that correct?
· Did you agree for your attorney to sign in place of your actual signature?
· Before directing your attorney to sign for you, did you read the admissions and talk to you[r] attorney about the terms contained in the written admission?
· Did you discuss that your attorney signing your name at your direction will be treated the same as if you actually signed the agreement?
· Do you agree to have the signature placed on the agreement by your attorney to be treated the same as if you signed the admission agreement?
· Did you knowingly, willingly, and voluntarily direct your attorney to sign this agreement on your behalf?
Appearances by Alternative Means
Nevada Supreme Court Rules Part IX, governing appearances by telephonic and audiovisual transmission expressly exclude juvenile proceedings. With the concurrence of Chief Justice Kristina Pickering, this rule is suspended due to COVID-19.
Attorneys, probation officers, social workers, parents, guardians, and any other necessary parties to a juvenile proceeding are strongly encouraged to appear by alternative means. Video appearances are strongly preferred for this case type. Parents or guardians who must attend hearings are encouraged to appear through alternative means. For the appearance, parents or guardians may provide their e-mail addresses to the juvenile’s attorney, and the attorney is to follow the procedures outlined AO 20-10. Specifically, appearances by alternative means are to be conducted in the following manner:
All appearances by alternative means by attorneys and out-of-custody parties will be through BlueJeans video unless for technical reasons a phone conference is necessary. Attorneys appearing by alternative means, or having clients/witnesses/agency representatives/probations officers appear by alternative means, must notify the department via email at least one judicial day before the appearance, except in case of an emergency. The attorney must provide emails for all persons making an appearance so the department can provide a link for the appearance. If arrangements need to be made on shorter notice, the judicial department must be contacted by phone.
This order shall be reviewed no later than every 30 days and shall continue until modified or rescinded by a subsequent order.
Administrative Order 20-12Administrative Order 20-11Final
Administrative Order 20-10 Court Process
Tags: Clark County Family Court COVID1_19 response, CornavirusClarkCountyCourtJuvenileMatters, coronavirus, Court Coronavirus response, Court response COVID-19, Court response to COVID-19, COVID Administrative Order, COVID-19, COVID-19 court response, COVID-19 Courts, COVIDClarkCounty, EJDC COVID-19 criminal case management, Judge Linda Bell, Las EVgas COVID19 closure, Las Vegas COVID-19 closures, Nevada Court COVID-19, Nevada COVID-19, Nevada Eighth Judicial District Court, Nevada Eighth Judicial District Court Chief Judge Linda Bell issued Administrative Order 20-09 to manage civil matters During the COVID-19 pandemic
25/03/20 NV EJD Court Admin Order 20-11 outlines operations of civil domestic matters to keep processing cases safely amid COVID-19
Nevada Eighth Judicial District Court Chief Judge Linda Bell Issued Administrative Order 20-11 Administrative Order 20-11 on court operations of civil domestic matters in response to COVID-19. Given the extremely high caseloads and concerns for being able to process cases appropriately after the resolution of the pandemic, the Eighth Judicial District Court is working to continue processing civil-domestic matters to the degree possible while balancing the health and safety of attorneys, litigants and court staff.
This is the 11th order the court issued so far in response to the COVID-19 pandemic. Administrative Order 20-11
Tags: coronavirus, COVID Administrative Order, COVID-19, COVID-19 court response, COVID-19 Courts, COVIDClarkCounty, EJDC, Judge Linda Bell, Nevada Court, Nevada Eighth Judicial District Court
21/03/20 New Court Order eliminates paper to improve safety at courthouse
Administrative Order 20-10 Court Process
Nevada Eighth Judicial District Court Chief Judge Linda Bell issued Administrative order 20-10 in a move to improve safety through elimination of paper to curtail transmission of the coronavirus through foot-traffic and papers being passed around.
“Given everything that is going on, it is critical for us to eliminate paper where ever possible,” Judge Bell explained. She cited a recent study showed coronavirus living on cardboard for up to 24 hours and the risk posed by the passing of papers. She also cited the need to eliminate people in the courthouse unnecessarily.
The clerk’s office will be closed to in-person filing as of Monday, March 23. The order provides a mail option to ensure access to justice. The clerks handling mail will take precautions to ensure safety.
“This is a lot of change in a very short time,” acknowledged Judge Bell. “This week will likely be quite bumpy. Please be patient. I am so thankful to all of you for your understanding and cooperation through this very difficult time.”
See a copy of the Administrative Order 20-10 Administrative Order 20-10 Court Process
Tags: Court response COVID-19, Court response to COVID-19, COVID Administrative Order, COVID-19, COVID-19 court response, COVID-19 Courts, COVIDClarkCounty, EJDC, Judge Linda Bell, Nevada Court COVID-19, Nevada COVID-19, Nevada Eighth Judicial District Court, NV EJDC, NV EJDC AO 20-10
21/03/20 Nevada Eighth Judicial District Court Order outlines management of civil matters during the COVID-19 pandemic
Tags: Court response COVID-19, Court response to COVID-19, COVID-19, COVID-19 court response, COVID-19 Courts, COVIDClarkCounty, Judge Linda Bell, Las Vegas COVID-19 closures, Nevada Court COVID-19, Nevada COVID-19, Nevada Eighth Judicial District Court Chief Judge Linda Bell issued Administrative Order 20-09 to manage civil matters During the COVID-19 pandemic, NV EJDC Administrative Order 20-09
21/03/20 Domestic violence Temporary Protective Orders available by phone for safety of those facing domestic violence during the confines of the Coronavirus pandemic
The Family Law Self-Help Center is processing domestic violence Temporary Protective Order (TPO) applications by phone. Those facing domestic violence should call 702-455-1500, Monday through Friday from 8 a.m. to 4 p.m., to get a TPO facilitated by phone. Help is also available by email flshcinfo@lacsn.org.
When an applicant calls 702-455-1500, Self-Help Center staff will get their information to complete the entire application for them by phone. The application will then be e-mailed to the victim for review, approval and e-signature. The completed TPO application can then be submitted by e-file. Once the application is submitted, the applicant will be set for a telephonic hearing. Applicants have until 4 p.m. to submit their completed application for a same-day hearing; otherwise, they will be heard the following morning.
“Families are under stress and tensions are high. This phone option offers a way to get a TPO remotely by calling 702-455-1500,” said District Court Family Division Presiding Judge Bryce Duckworth. “Notwithstanding limitations created by the Coronavirus crisis, we remain committed to provide access to the Court for those who face domestic violence.” Help with protective orders is also available by email flshcinfo@lacsn.org.
“Generally when people are unemployed, financially insecure, and are enduring stress while being confined, domestic violence and child abuse increase,” said Stephanie McDonald, Esq., the Directing Attorney of the Family Law Self Help Center operated by Legal Aid Center of Southern Nevada, Inc. “We want to ensure that those who are at risk of domestic violence know how to reach the Family Law Self-Help Center for help. Getting the word out to those facing danger so they know there are still resources available could be lifesaving.”
The District Court is closely monitoring local developments in response to the COVID-19 pandemic and is implementing measures to prevent the spread of infection in our community. The Nevada Eighth Judicial District Court judges and staff are doing everything possible to continue to serve the community in a safe and judicious manner. For updates and more information about the District Court response, please visit our website at clark-countycourts.us, Facebook at Clark County Courts, Twitter at NV8thJDCourt or M Price@LasVegasCourts and blog at https://eighthjdcourt.wordpress.com.
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19/03/20 Nevada Eighth Judicial District Order with court response to COVID-19 regarding Probate
Nevada Eighth Judicial District Court Judge Linda Bell issued Administrative Order 20-07 that is effective immediately. Matters on the Probate Commissioner’s calendar that are opposed or require a hearing will be continued for at least 30 days and will be rescheduled as the court calendar allows. Matters that can be approved without a hearing will be on the approved list if no objection has been electronically filed and served by 9:30 am on the day before the hearing.
The approved list may be accessed on the Probate section of the District Court’s website at: http://www.clarkcountycourts.us/departments/probate/
Once on the website, select the weekly probate calendar list.
Probate matters on the Probate Judges’ calendars will be decided on the papers, heard by video or telephonic means, or continued at the discretion of the assigned Judge.
If a party electronically files an election to proceed before the District Judge pursuant to EDCR 4.08, any petitions on file will be reset by the assigned Judge.
Scheduling orders in contested matters may be requested by stipulation of the parties submitted to chambers electronically with an order approving the proposed schedule. The assigned Probate Judge or Probate Commissioner will set the evidentiary hearing or other trial in the ordinary course.
Sale confirmations currently set will be confirmed based on the papers filed with the court and without the necessity of placing the sale for public bid, unless a notice of intent to overbid is electronically filed and served 72 hours before the date of the sale confirmation hearing. Any petition to confirm a sale filed after issuance of this Administrative Order shall contain, in addition to the statutory requirements, language advising that notice of intent to overbid must be electronically filed and served 72 hours before the scheduled hearing. After receiving an electronically filed notice of intent to overbid, the court will set a remote hearing through video or telephonic means. Otherwise, the sale will be approved in accordance with the notice. All orders on approved matters will be electronically filed by the court and electronically served.
This order shall be reviewed no later than every 30 days and shall continue until modified or rescinded by a subsequent order.
Tags: coronavirus, Court response COVID-19, Court response to COVID-19, COVID-19, COVID-19 court response, COVID-19 Courts, COVIDClarkCounty, Judge Linda Bell, Las Vegas COVID-19 closures, Nevada Court COVID-19, Nevada COVID-19
19/03/20 Nevada Eighth Judicial District Order outlines COVID-19 response procedures for matters including abuse and neglect, parent visitation, specialty courts and more
The Nevada Eighth Judicial District Court Chief Judge Linda Bell issued Administrative Order 20-08 that outlines COVID-19 response procedures for matters including:
- Court Operations of abuse and neglect
- Court ordered admissions to mental health facilities proceedings
- Child Haven and parent visitation
- Timely filing of orders
Nevada Eighth Judicial District Court Order 20-08 Administrative Order 20-08
Tags: Child Haven and parent visitation, Clark County Family Court COVID1_19 response, coronavirus, Court Coronavirus response, Court response to COVID-19, COVID-19, COVID-19 court response, COVID-19 Courts, COVIDClarkCounty, Judge Linda Bell, Las Vegas COVID-19 closures, Nevada Court COVID-19, Nevada Eighth Judicial District Order outlines COVID-19 response procedures for matters including abuse and neglect parent visitation, specialty courts and more
19/03/20 District Court Orders use of video or telephones for alternative dispute resolution, mediation and short trials
Nevada Eighth Judicial District Court Chief Judge Linda Bell issued Administrative Order 20-05 Administrative Order 20-05 to have alternative dispute resolution, mediation and short trials. Court IT is working on overdrive to get remote electronic systems online.
Tags: COVID-19, COVID-19 court response, COVID-19 Courts, COVIDClarkCounty, EJDC AO 20-05, Judge Linda Bell