(d) The master’s report must be furnished to each party at the conclusion of the proceeding and the court will accept the master’s findings of fact unless clearly erroneous. (e) Within 10 days after the conclusion of the proceeding and receipt of the report, either party may serve written objections thereto upon the other party. If no objection is filed, the report will be referred to the presiding judge and without further notice, judgment entered thereon. (f) If a written objection is filed pursuant to this rule, application to the court for action upon the report over the objection thereto must be by motion and upon notice as prescribed in Rule 2.20. [Amended; effective August 21, 2000.] Rule 1.42. Uniform Parentage Act masters. (a) Every paternity hearing master must be in good standing as a member of the State Bar of Nevada. The compensation of the masters may not be taxed against the parties, but when fixed by the presiding judge (with the approval of the remaining family division judges) and concurred in by the chief judge, such compensation must be paid out of appropriations made for the expenses of the court. (b) The duly appointed paternity hearing master must conduct informal, closed hearings pursuant to NRS Chapter 126 and in so doing has the authority to: (1) Determine whether a defendant qualifies for court-appointed counsel. (2) Appoint, with the consent of the presiding judge, counsel for those defendants who qualify. (3) Order blood tests and review the results thereof. (4) Make and file a written final recommendation for settlement. The paternity hearing master must rule on all motions and questions of law and evidence put to the master. Said decisions and rulings are final and not appealable, subject only to timely rejection of the final recommendation of the paternity hearing master. (c) Any party may reject the final recommendation of the paternity hearing master as to the issue of paternity. Written notice of rejection must be filed with the court and served upon all parties within 10 days of receiving a copy of the final recommendation of the paternity hearing master. If notice of rejection is not filed within 10 days, the master’s recommendation may be approved by the presiding judge, as the judgment in the action. If notice of rejection is timely filed by any party, the cause is at issue and must be assigned at random to a trial judge serving in the family division and may be set for trial pursuant to Rule 2.60. (d) Once paternity has been established, issues of visitation, custody and child support must be determined by a judge serving in the family division pursuant to Part V of these rules. Rule 1.44. Civil commitments and hearing masters; duties of the Division of Mental Hygiene and Mental Retardation; duties of counsel. (a) The provisions of this rule apply to all court-ordered admissions of any allegedly mentally ill person. (b) Unless otherwise ordered by the chief judge, mental commitment hearings must be conducted by the mental commitment hearing master. The compensation of the masters must not be taxed against the parties, but when fixed by the chief judge must be paid out of appropriations made for the expenses of the court. Every master must be in good standing as a member of the State Bar of Nevada. (c) The mental commitment hearing master may conduct formal court hearings at the hospital or wherever is most convenient to the master and the patient. The master has the authority to swear witnesses, take evidence, appoint independent medical evaluators, evaluate competency, recommend guardians, and conduct all other matters relating to the involuntary commitment proceeding. All proceedings must be transcribed by a duly appointed court reporter as provided by law. (d) Not less than 24 hours before the time set for a commitment hearing, the Administrator of the Mental Hygiene and Mental Retardation Division, or the administrator’s designee, must examine each allegedly mentally ill person and prepare, for presentation at the hearing, a report designating which facilities are available together with a recommendation of the least restrictive environment suitable to the patient’s needs. At the time of the hearing, the allegedly mentally ill person must not be so under the influence of or so suffer the effects of drugs, medication or other treatment as to be hampered in preparing for or participating in the hearing, and a record of all drugs, medication or other treatment which the person has received during the 72 hours immediately prior to the hearing must be presented to the master. (e) The Clark County Public Defender’s Office must furnish counsel for all allegedly mentally ill persons not otherwise represented by an attorney. (1) Prior to the hearing, the public defender or the attorney for the allegedly mentally ill person must interview the patient, explain to the patient his or her rights pending court-ordered treatment, the procedures leading to court-ordered treatment, the standards for court-ordered treatment and the alternative of becoming a voluntary patient. The public defender must also explain that the patient can obtain counsel at the patient’s own expense. (2) Prior to the hearing, the patient’s attorney must review the commitment petition, evaluation reports, the patient’s medical records and the list of alternatives to court-ordered treatment. (f) At the conclusion of each hearing, a copy of the written recommendation of the hearing master must be given to the patient, the patient’s counsel and the district attorney. Not later than 5:00 p.m. on the day the hearing concludes, the hearing master’s recommendation must be submitted to the chief judge. (g) Objections to the master’s recommendation must be made to the chief judge at the time the report is submitted or at such other time as the chief judge may prescribe. The chief judge may require oral objections to be reduced to writing. (h) After reviewing the master’s recommendation and any objection thereto, the chief judge must: (1) Approve the same and order the recommended disposition, (2) Reject the recommendation and order such relief as may be appropriate, or (3) Direct a rehearing. (i) All rehearings of matters heard before the master must be before the chief judge and must be conducted de novo. (j) No recommendation of a master will become effective until expressly approved by the chief judge. Rule 1.45. Juvenile judge. (a) The juvenile judge shall be selected every three years by a vote of the family division judges. The juvenile judge may be re-selected without limitation to number of terms. (b) The juvenile judge must: (1) Supervise the activities of the family division masters in the performance of their duties under Rule 1.46, hear all objections to the master’s findings, and direct the enforcement thereof as may be appropriate. (2) Hear all abuse and neglect trials involving allegations of sexual abuse upon a minor child under Chapter 432B of the Nevada Revised Statutes. (3) Hear all de novo appeals of abuse and neglect cases and any other matters regarding abuse and neglect under Chapter 432B of the Nevada Revised Statutes. (4) Share and assign responsibility for hearing overflow delinquency abuse and neglect cases with all family judges. (5) Hear all de novo appeals of delinquency cases and any other miscellaneous matters regarding delinquency cases. (6) Where applicable, represent the division on all matters involving the probation committee, director of juvenile services, chief probation officer or other employee/services referenced in Chapter 62 of the Nevada Revised Statutes. [Added; effective August 21, 2000.] Rule 1.46. Juvenile hearing masters. (a) The district judges serving in the family division may appoint one or more masters to serve on a full-time or part-time basis. A master serves at the pleasure of the district judges serving in the family division and unless those judges make an order terminating the appointment of a master, such master must continue to serve as such until the appointment of a successor. The compensation to be allowed to a master must be fixed by the presiding judge (with the approval of the remaining family division judges) and concurred in by the chief judge. Every master must be in good standing as a member of the State Bar of Nevada, must be in active practice, and may not engage in any private practice after appointment as a master, except when appointed as a part-time master. (b) A master must hear such cases as are assigned by the presiding judge with the following powers: to hear all preliminary matters and arraignments; to take the plea of any juvenile; to appoint an attorney to represent any minor in any proceeding in which the court has jurisdiction if it appears that such minor is unable to employ counsel; to take the written waiver of any minor and the minor’s family of their right to employ counsel; to conduct all detention, transfer, and adjudicatory hearings; to make proper disposition of all juvenile cases to accept written agreements releasing a child to the custody of the child’s parents, guardian or custodian upon a return date or to set bail or bond in proper cases; to procure the attendance of witnesses by issuance and service of subpoenas; to require the production of evidence; to swear witnesses; to take evidence and rule on its admissibility; to make findings of fact and recommendations which, if approved by the presiding judge, become a decree of the family division of the district court; to sign all interim orders that are necessary for the care, treatment and welfare of the juvenile; and to act as the supervising master in the juvenile traffic court of Clark County and to recommend, in connection therewith, the appointment of assistant special masters by the presiding judge, if the same are deemed necessary. The above enumeration is not a limitation of powers of the family division master and the master has all inherent powers of the family division of the district court subject to the approval of the presiding court judge. Nothing herein is intended to convey to any master power or authority in contradiction of the Constitution of the State of Nevada and the Nevada Revised Statutes. (c) The proceedings before the master must be conducted in the same manner as in the district court. If a record is required by law or rule, the proceedings before the master must be transcribed by a duly appointed court reporter, or recorded by sound or video recording equipment as designated by the family division judges. Within 10 days after the evidence is closed, the master must present to the presiding judge all papers relating to the case, written findings of fact and recommendations. Within the above time period, the master must serve upon the minor’s attorney of record and the minor’s parent or guardian or adult relative a written copy of the master’s findings and recommendations and must also furnish a written explanation of the right of such minor to seek review of the recommendation by the presiding judge. Service, as provided in this section, must be by mail to the last known address of such persons or to the address designated by such persons appearing at the hearing before the master or to his or her attorney, if any has appeared as a matter of record. (d) At any time prior to the expiration of 5 days after the service of a written copy of the findings and recommendations of a master, a minor or parent or guardian of a minor may apply to the presiding judge for a hearing. The application for hearing must state the grounds on which the application is based and shall be accompanied by a memorandum of points and authorities. The presiding judge may, after a review of the record of such proceedings, grant or deny such application. In case no hearing by the court is requested, the findings and recommendation of the master, when confirmed or modified by an order of the court, become a decree of the court. A presiding judge may, on the court’s own motion, order a rehearing of any matter heard before a master. (e) All rehearings of matters heard before a master will be before the juvenile judge who may at his or her discretion conduct a trial de novo. The court will review the transcript of the master’s hearing and (1) make a decision to affirm, modify or remand with instructions to the master or (2) conduct a trial on all or a portion of the issues. (f) No recommendation of a master or disposition of a juvenile case will become effective until expressly approved by the juvenile judge. [Amended; effective August 21, 2000.]

Vegas Law