State Ex Rel. Harvey v. Second Judicial District Court

32 P.3d 1263, 117 Nev. 754, 117 Nev. Adv. Rep. 64, 2001 Nev. LEXIS 68
CourtNevada Supreme Court
DecidedOctober 10, 2001
Docket35144
StatusPublished
Cited by28 cases

This text of 32 P.3d 1263 (State Ex Rel. Harvey v. Second Judicial District Court) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Ex Rel. Harvey v. Second Judicial District Court, 32 P.3d 1263, 117 Nev. 754, 117 Nev. Adv. Rep. 64, 2001 Nev. LEXIS 68 (Neb. 2001).

Opinions

[757]*757OPINION

By the Court,

Becker, J.:

This is an original proceeding by complaint and information in the nature of quo warranto. The complaint arises from a disagreement between the Washoe County Clerk, Amy Harvey, and the Second Judicial District Court over the District Court’s assumption of the supervision and control of the court clerk’s position.1

Harvey asserts that the county clerk is the sole person designated in the Nevada Constitution as responsible for performing the duties associated with the court clerk. According to Harvey, the District Court has usurped her position as ex officio court clerk of the District Court in violation of NRS 35.120. Harvey urges this court to oust the District Court from the court clerk position or, in the alternative, to prohibit the District Court from usurping her position.

The District Court contends that the office of the court clerk is a ministerial function of the judicial branch of government. According to its view, the Nevada Constitution’s provisions relating to the county clerk’s office do not prohibit a district court from supervising, controlling or operating the office of the district court clerk. Therefore, the District Court maintains that the duties of the court clerk can be assumed in whole or in part by a district court.

For the reasons stated below, we conclude that the District Court has not usurped the office of county clerk by assuming direct control over the functions of the court clerk. The office of the clerk of the district court is not a constitutional office. Rather, it is a ministerial office inherent to the judicial branch of government. Its sole purpose is to perform clerical and record-keeping functions necessary to the district court’s operation. Its duties may be performed, in whole or in part, either by the county clerk pursuant to legislative enactment, or by the district court pursuant to court rule. Therefore, we conclude that the District Court has not usurped Harvey’s authority, and we dismiss the complaint in quo warranto.

FACTUAL BACKGROUND

The county clerk is an elected official who, under the Nevada Constitution, is also designated as the ex officio court clerk of his [758]*758or her district. Article 4, section 32 of the Nevada Constitution provides:

The Legislature shall have power to increase, diminish, consolidate or abolish the following county officers: County Clerks, County Recorders, Auditors, Sheriffs, District Attorneys and Public Administrators. The Legislature shall provide for their election by the people, and fix by law their duties and compensation. County Clerks shall be ex-officio Clerks of the Courts of Record and of the Boards of County Commissioners in and for their respective counties.

Pursuant to its general authority to enact laws for the orderly administration of government and the public welfare, the legislature has assigned several record-keeping duties to the court clerk.2 As well, district court clerks have numerous receipting and accounting duties assigned by the legislature, such as providing receipts for payments or processing bail funds.3 These duties are illustrative, not exhaustive, of the court clerk’s record-keeping and financial duties. In addition to the duties set forth in statutes, court clerks have duties assigned to them by the judiciary through court rules.4

Prior to 1974, the county clerk controlled and supervised the court clerk’s functions in the Second Judicial District Court. In June of 1974, at the request of the District Court, the Washoe County Board of Commissioners adopted Washoe County Ordinance number 230 which established a “Court Administrator” position for the District Court. The Ordinance resulted from discussions between the Commissioners and the District Court regarding management of the court system, including the court clerk’s functions. The Ordinance provided, in pertinent part:

Section 2. The District Judges by majority action shall appoint upon the effective date of this amendatory ordinance a Court Administrator. (Amended by Bill 407, Item 75-89)
Section 3. The Court Administrator shall, under the supervision and direction of the District Judges:
[759]*759A. Prepare and submit budgets to the County Manager and the Board of County Commissioners necessary for the maintenance and operation of the judicial system and make recommendations in respect thereto.
B. Attend to such other matters as may be assigned by the District Judges.

The Ordinance also stated that employees performing duties of the office of the district court clerk were under the complete jurisdiction and control of the district judges. The Ordinance then provided for the transfer of thirty-two employees of the Washoe County Clerk’s Office to the District Court as “exempt employees of the District Judges.”

The Ordinance provided the mechanism for approving funds for a new court position as well as the change in the personnel classifications of persons working in the court clerk’s office. The District Court, through its own internal actions, clarified its position regarding direct supervision and control of the court clerk’s office.

Since 1974, District Court employees have performed virtually all of the court clerk responsibilities. The county clerk is still listed as the clerk of the District Court on official documents and reports, but apparently has no control over the operation of the court clerk’s office or the individuals (designated as deputy court clerks) who handle the court clerk’s duties. The county clerk has no say in the hiring, firing or disciplinary actions involving District Court employees assigned to the court clerk’s functions.5

DISCUSSION

Preliminarily, this court must decide whether an original proceeding in quo warranto or a petition for a writ of prohibition is the appropriate vehicle by which to challenge the District Court’s alleged usurpation of Harvey’s office. The Nevada Constitution grants this court the “power to issue writs of mandamus, certio-rari, prohibition, quo warranto, and habeas corpus.”6 NRS Chapter 35, entitled “Quo Warranto,” includes a provision that specifically relates to alleged usurpation of public offices:

A person claiming to be entitled to a public office . . . unlawfully held and exercised by another may, by himself or by an attorney and counselor at law, bring an [760]*760action therefor in the name of the state, as provided in this chapter.7

Harvey argues that her position is a public office and she is therefore entitled to bring this action in quo warranto in the name of the state. We agree that she is entitled to bring this action under NRS 35.050 and we have chosen to treat this matter as an original complaint in quo warranto,

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Cite This Page — Counsel Stack

Bluebook (online)
32 P.3d 1263, 117 Nev. 754, 117 Nev. Adv. Rep. 64, 2001 Nev. LEXIS 68, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-harvey-v-second-judicial-district-court-nev-2001.