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Rule 1.48. Criminal division masters. (a) The provisions of this rule derive from NRS 3.245 and apply to all criminal proceedings before a criminal division master. (b) A criminal division master must be a senior judge or justice, senior justice of the peace, justice of the peace, district judge serving in the family division, or a member of the State Bar of Nevada who is in good standing as a member of the state bar and has been so for a minimum of 5 continuous years immediately preceding appointment as a criminal division master. (c) Upon appointment, a criminal division master shall be precluded from practicing law in Clark County and must recuse himself or herself from hearing any case that he or she previously handled as an attorney and from any case where the defendant was a client of the criminal division master or the law firm where the criminal division master practiced. (d) The Clark County District Attorney’s Office, the Clark County Public Defender’s Office, the Special Public Defender’s Office, and any other government office or private attorney appointed to represent an indigent defendant shall provide legal representation for the State of Nevada and indigent defendants before a criminal division master as they would before any judge of the Eighth Judicial District Court. (e) The compensation of all criminal division masters shall be fixed as provided by Rule 1.30(b)(19) and shall be paid from appropriations made for the expenses of the court. (f) A motion to recuse or disqualify a criminal division master shall be heard by the chief judge or a judge of the criminal division designated by the chief judge. If the chief judge must designate a district judge to hear a motion to recuse or disqualify a criminal division master, the chief judge shall, to the extent that it is practicable, designate the district judge sitting in the department to which the proceeding was randomly assigned for trial. (g) All proceedings before a criminal division master must be conducted in accordance with the Nevada and United States Constitutions, the Nevada Revised Statutes, and these rules. (h) A criminal division master serves at the pleasure of the district judges of the Eighth Judicial District Court and unless those judges, by simple majority vote, cause the chief judge to enter an order terminating the appointment of a criminal division master, such master shall continue to serve until the appointment of a successor. In the event of a tie vote, the chief judge’s vote shall break the tie. (i) All proceedings before a criminal division master shall be of record in the same manner provided by law for proceedings before judges of the Eighth Judicial District Court. All pleas of guilty or nolo contendere shall be transcribed and become a part of the court record. (j) A motion for reconsideration of a recommendation or decision of a criminal division master shall be brought before the district judge sitting in the department of origin and shall be decided upon the pleadings and any transcript of the proceedings before the criminal division master unless the district judge deems further evidence to be necessary. The “department of origin” is the department of the Eighth Judicial District Court to which the clerk’s office randomly assigned the case for trial. (k) A criminal division master shall hear cases assigned by the chief judge, including: (1) In conjunction with a clerk of court, accepting returns of true bills by the grand jury. (2) Conducting arraignments and accepting pleas of guilty, nolo contendere, and not guilty, including ascertaining whether the defendant will invoke or waive speedy trial rights. (3) Setting trial dates in conjunction with the clerk of the trial court. (4) Referring cases to the Division of Parole and Probation for preparation of a presentence report and setting sentencing dates in the department of origin. (5) Setting or modifying bail at the time of return of a true bill or arraignment. (6) Ruling in open court on motions to quash bench warrants and setting court dates in the department of origin. (7) Handling cases calendared for bench warrant return. (8) Unless the sentencing judge requests that all probation revocation proceedings come before that judge, presiding over notices of intent to seek revocation and status checks on revocation of probation and either setting a revocation hearing before the judge in the department of origin or accepting a stipulation by all parties to resolve the revocation proceedings. However, all contested hearings on motions for probation revocation shall be heard by the district court judge who originally granted probation. Furthermore, in given cases, the sentencing judge granting probation may order that any subsequent proceeding regarding probation shall be heard by that judge and any such order shall preempt the jurisdiction of a master in regard thereto. (9) Setting motions and/or hearing dates in the department of origin. (10) Determining conflicts or indigency and appointing counsel where appropriate. (11) When an issue of the defendant’s competency to stand trial arises, ordering a minimum of 2 psychiatric examinations and reports to be prepared and setting a date for a competency determination before the department of origin. (12) Upon stipulation of counsel, when 2 consistent reports opining incompetence have been submitted, referring the defendant for custodial treatment pending the attainment of competency to stand trial. (13) Upon stipulation of counsel, pursuant to negotiations, referring the defendant to drug court and setting the drug court date or referring a defendant to the Serious Offender’s Diversion Program or another comparable stipulated diversion alternative. (14) Upon stipulation of counsel, allowing the amendment of charging documents and pleadings. (15) Pursuant to negotiations and upon stipulation and waiver, sitting as a magistrate and adjudicating and sentencing on a simple misdemeanor. (16) Presiding over the drug court calendar and attending to all drug court related duties and procedures upon occasion and in the event that the judge assigned to preside over the drug court is out of the jurisdiction for judicial/legal training, on vacation, out sick or is otherwise temporarily unable to preside over the drug court calendar. [Added; effective June 10, 2004.] Rule 1.50. Court administrator. The court administrator is responsible for the administration of the rules, policies and directives of the district court. Subject to the direction of the chief judge acting on behalf of the district judges, the court administrator must: (a) Supervise the assistant court administrator, family division administrator, jury commissioner and other officers and employees of or serving the district court, except for the department staff of each judge. (b) Direct the supervisor of the Court Interpreter Program. (c) Direct bailiff management at security gate and schedule relief support for all bailiff positions. (d) Plan, organize and direct budgetary, fiscal, personnel management training, facilities and equipment of the district court and represent the judicial branch of government in the district. (e) Monitor a system of internal controls which includes payroll, purchasing, accounts payable, accounts receivable, information systems and inventory for the following divisions: adjudication, administration, family mediation services, jury services, family adjudication and grand jury. (f) Expedite movement of the court calendars and coordinate automated case management system in cooperation with the clerk’s office, including, but not limited to the development of integrated data entry systems. (g) Supervise preparation and submission of reports on activities of the court to state, regional and local authorities as required. (h) Determine statistics to be gathered and manage the flow of information through and about the court. (i) Direct research, evaluation and monitoring and propose new and revised policies as necessary to improve work operations. (j) Coordinate the calendars and activities of judges visiting from other jurisdictions and of hearing officers assigned for specific purposes. (k) Represent the court on regional and statewide judicial and justice system coordinating councils, conferences, conventions, and committees as assigned. (l) Handle public information and liaison with other government executive, legislative and judicial agencies and the community. (m) Perform such other functions and duties as may be assigned by the district judges. Rule 1.51. Assistant court administrator. The assistant court administrator serves under the direction of the court administrator. The assistant court administrator is responsible for all duties assigned by the court administrator and, in the absence of the court administrator, shall perform all of the duties of the court administrator under Rule 1.50. Rule 1.52. Family division administrator. The district court administrator, with the consent of the district court judges serving in the family division, must appoint a family division administrator. The family division administrator serves under the direction of the court administrator. The family division administrator is responsible for the administration of the rules, policies and directives of the family division of the district court. Subject to the direction of the presiding judge acting on behalf of the district judges serving in the family division and the court administrator, the family division administrator must: (a) Supervise the employees of, or serving in, the family division of the district court, except for the department staff of each judge. (b) Direct the supervisor of the Family Mediation and Assessment Center and the CASA program for the court. (c) Coordinate jury and court interpreter services when necessary. (d) Direct bailiff management at security installations and coordinate relief support for all bailiff positions involving the family division.

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