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Washoe County District Court
, then the parties agree that judgment may be entered against Defendants. "We would like more time to look at what the impacts will be, particularly the fiscal impact. While that would leave the elected county clerk with far fewer dutiesand less powerthe change would help the court system operate more smoothly, Hardcastle and others said. 125 provides that constables are "entitled" to receive fees for certain enumerated services. In the present case, car cart club golf used the constables argue that a plain meaning construction of the statute is appropriate. "I've asked the chief judge for the details of the plan, but she hasn't offered any specifics for me to share with my 270-member staff," she said. "It's a pretty good idea because of the problems right now with judges supervising in one sense, and Shirley supervising in another sense," he said. Stanyan Peck, Reno, australian gold suntan lotion for Respondent. 040 (and other sections of chapter 258) meaningless. 00 base salary without mentioning fee splitting above $55,000. 2d 935, 938 (1994) (quoting Welfare Div. The stipulation provided that if Washoe County was found to have the authority to fix the constables’ maximum compensation, judgment could be entered against John Langon for $100,000. . However, we conclude that a resolution of the present issue necessarily resolves this additional issue. "That same logic holds true for the court. Hardcastle said she wanted to make the announcement of the planned change this week so that those running for county clerk would have a full understanding of the job. "I think it's in the best interest of District Court and the public," said Presiding Civil Judge Elizabeth Gonzalez. We conclude that the constables’ argument on this issue is without merit. The Supreme Court ruled in 2001, however, that the "office of the clerk of the District Court is not a constitutional office. The Washoe District Court in 1974 did what Hardcastle wants to do in Clark County now. Specifically, the constables argue that the legislature, not the county, possesses the authority to fix their compensation, and that the legislature granted Washoe County only the authority to set the constables’ NRS chapter 258 governs matters concerning Nevada’s constables. "If this goes through as it sounds like it will, the clerk will be stripped of 90 percent of her powers," he said. The constables also argue that the orders issued by the Board amending the constables’ compensation were not valid. In May 1998, the district court denied the constables’ motion and granted Washoe County’s motion. The dispute between the two elected officials is causing stress at the clerk's office, according to Parraguirre. County Commissioner Bruce Woodburyalong with Commission Chairman Rory Reid and Quillinmet with Hardcastle Monday. This language is indicative of the conference upon the counties the power to modify the constables’ compensation, as long as it is not decreased below the established minimum. The split occurred after a judge wanted a trial to run through the lunch hour, a request blocked by then-Washoe County Clerk HK Brown, who did not want one of his staffers to miss lunch. The judges had this strong-headed clerk they couldn't deal with. Additionally, the statute explicitly states that the constables’ compensation may be "changed" during the constables’ term. Hardcastle did brief some county commissioners and staff Monday, some of whom questioned the timing of the proposal and yellow bird of paradise expressed fear that the change might be costly for a county whose resources already are stretched by a criminal justice system trying to keep pace with the valley's population boom. Such a reading would render portions of NRS 258. BEFORE YOUNG, AGOSTI and LEAVITT, JJ. 2d 530, 533 (1970) (quoting Torreyson v. They assert that the use of the word "minimum" is a clear indication that the legislature did not intend that any board of county commissioners would set the maximum compensation. Marshall, Hill, Cassas & deLipkau and A. 00 and against Peterson for $43,000. Second Judicial District Court, Washoe County; Janet J. As the district court noted in its order dated August 6, 1998, counsel for Defendants can not sic now attempt to insert additional terms or conditions which were not explicitly contained in a valid stipulation. State lawmakers should consider the broader policy question of whether the clerk should be elected or appointed, he added. " After Harvey was elected in 1999, she argued before the Nevada Supreme Court that the elected county clerk is the sole person designated by the state constitution to act as District Court clerk. The judge hopes to have a committee in place by January to search for prospective candidates to become the court clerk. However, the section goes on to provide that the boards "may thereafter increase or change such compensation during the term but shall not reduce it below the minimum so established. com> Clark County's elected black and white nude art clerk could have the majority of her powers stripped away by local judges who want control of the clerk's court responsibilitiesa move that some county officials view as a power grab. The very fact that the legislature does not explicitly prohibit setting a maximum compensation indicates that the legislature intended to empower the boards of county commissioners to maintain control of the constables’ compensation, as long as the compensation is not decreased below the established minimum. If that were the intent, it could have been clearly stated. Matt Pordum can be reached at 474-7406 or at pordum@lasvegassun. It would take more than a year to phase in, she said. "They are so power hungry over there," Atkinson Gates said. On August 9, 1996, the Board voted to reaffirm its understanding that the July 1994 order included the prior recommendations of its staff requiring the constables to abide by the fee sharing formula. "It's a power grab," she said, accusing the judges of ignoring the financial implications. 00, the constables would then forward fifty percent of the net fees collected to the county. " The constables argue further that the legislative intent must be to prohibit the setting of a maximum compensation for constables; otherwise, the legislature would have included explicit language granting black purple stripesginger havana such permission. Additionally, the stipulation for entry of consent judgment explicitly states that "in the event the district court enters an order or declaratory judgment finding that Washoe County has the authority to fix the maximum compensation payable to Defendants Langon and Peterson. to give meaning to all of their parts agency escort female nanjing and language. "Even though it was more money, I said no because there is no way I would ever work under the court," Parraguirre said. To avoid litigating the amount of fees in question, the parties entered a stipulation for entry of consent judgment in April 1998. The constables counterclaimed, asserting that Washoe County was not authorized to cap their compensation and require them to share fees with the county. Furthermore, we conclude that it would be absurd and nonsensical to read NRS 258. Woodbury questioned why Hardcastle is pushing the issue now, only a week before the candidate filing period opens. On April 11, 1996, the Board issued an amended order, expressly adopting the fee formula. The entire subject matter and the policy of the law may also be involved to aid in its interpretation, and it should always be construed so as to avoid absurd results. A plain meaning construction of the statute as proposed by the constables is flawed because there is ambiguity between NRS 258. After confusion arose as to the constables’ compensation plan, the Board expressly restated the fee sharing formula previously recommended by Washoe County’s staff. An bright beginning learning center example, Hardcastle said, is how District Court clerks also are used in the marriage-licensing bureau. . Therefore, we conclude that the district court did not err in ruling that Washoe County had the authority under NRS design of noise barrier chapter 258 to require fee sharing of all fees collected once the constables’ compensation reached $55,000. "Just off the top of my head, creating two clerkstwo high-salary positionsis a concern, and then you lose some economies of scale," Clark County Manager Thom Reilly said. "Why then should it be an elected position?" Some in the court system, however, say Hardcastle's idea has merit. 125 necessarily must permit the constables to collect the stated fees, but the county must ultimately establish how the fees are divided. "Courts must construe statutes. " It is, the high court wrote, "a ministerial office inherent to the judicial branch" with the sole purpose of performing "clerical and record-keeping functions necessary to the District Court's operation. " Assistant County Manager Elizabeth Quillin, who oversees the needs of the justice community, said it is too soon to know how much the transition would cost. In a separate argument, the constables also argue that the word "entitled" in NRS 258. Indeed, the constables provide dictionary definitions of both the words "minimum" and "maximum," noting that "minimum" is the opposite of the word "maximum.
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