Thursday, July 24, 2008

State Residency Sufficient

The Supreme Court of Nevada has held that a candidate for a district judgeship satisfies residency requirements by being a resident of the state, not the district where judge will sit if elected:

We conclude that NRS 293.1755(1) imposes a state residency requirement for district judges, and we reject the opposing view that the statute establishes a district residency requirement.  Nevada law provides that district judges are “state officers”[6] who enjoy statewide jurisdiction. Accordingly, it follows that the office of a district judge is a “state office.”  Because the district judge position is a “state office,” we conclude that Montero has met NRS 293.1755(1)’s residency requirement for his candidacy because (1) Montero resides in the State of Nevada, to which the office of a Sixth Judicial District Judge “pertains”; and (2) if elected, he will have jurisdiction to hear cases in other judicial districts, as well as in the Sixth Judicial District.

(Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2008/07/the-supreme-c-1.html

Judicial Ethics and the Courts | Permalink

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