Henderson Municipal Court Order Extends Temporary Alteration to Court Procedure

All currently scheduled court hearings from Monday, November 30, 2020 through Monday, January 18, 2021 for criminal and traffic arraignments, criminal and traffic trials, specialty courts, and status checks will be continued for 5 weeks (35 days) from the date of the currently scheduled hearing.

On December 17, 2020, Chief Judge Rodney Burr of the Henderson Municipal Court (HMC) filed an administrative order in the matter regarding the court’s procedures regarding the Coronavirus disease (COVID-19). See 4th Amended Order 20-02. To see the order, download PDF file available below.

Citing section 4.015 of the City of Henderson Charter and Nevada Revised Statues chapters 5 and 266, the court determined that temporary alterations to current court procedure are necessary for the protection of the community.

“Effective upon the filing of this Order, the Henderson Municipal Court will operate under the following parameters:

1. All currently scheduled court hearings from Monday, November 30, 2020 through Monday, January 18, 2021 for criminal and traffic arraignments, criminal and traffic trials, specialty courts, and status checks will be continued for 5 weeks (35 days) from the date of the currently scheduled hearing.

2. In-custody video arraignments will be held each business day.

3. The Court and customer service windows will remain open.

4. Offenders arrested for misdemeanor offenses who post bail, are released on their own recognizance, or qualify for an Administrative Release pursuant to AO 20-01 will be given a return court date hearing at least 8 weeks from their release from custody.

5. Motions to Quash Bench Warrants for Failure to Pay filed between November 25, 2020 and January 18, 2021 will be granted upon request and a payment plan will be set at $50.00 per month beginning 35 days after the quashing of the bench warrant.

6. All other Motions to Quash Bench Warrants filed between November 25, 2020 and January 18, 2021 will be granted upon request and the defendant will be given a mandatory appearance return court date in their respective court department not less than 60 days from the quashing of the bench warrant. If the underlying traffic case (TR) is resolved online prior to the scheduled appearance date, then the mandatory appearance will be waived.

7. All other motions will be accepted and scheduled for hearing not less than 60 days from the date of filing.

8. The time period of any continuance entered as a result of this order shall be excluded for purposes of calculating speedy trial under NRS 178.556(2) and NRS 174.511 as the Court finds that the ends of justice served by taking this action outweigh the interests of the parties and the public in a speedy trial. Absent further order of the Court or any individual judge, the period of exclusion shall be through January 18, 2021. The Court may extend the period of exclusion as circumstances warrant.

9. The Court encourages the use of electronic communications with the Henderson City Attorney’s Office/Criminal Division for the possible resolution of cases set for trial. The Henderson Municipal Court customer service staff may be contacted during normal business hours of Monday through Thursday from 7:30 a.m. to 5:00 p.m. by:

  • Phone at 702-267-3300; or
  • Via e-mail at HMCCS@cityofhenderson.com

The Henderson Municipal Court will accept filings in criminal/traffic cases via e-mail at:

  • HMCLegalFiling@cityofhenderson.com

Additional court information and resources will be provided on the Municipal Court’s webpage at www.cityofhenderson.com.

This Order shall be reviewed and updated or rescinded as necessary upon determination by the Court.”

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