With the new year came the implementation of AB116, bringing new processes within the court and for cited individuals related to some traffic violations. It is impossible to include all the changes in this short article, but it will try to cover those changes most relevant to attorneys representing individuals with traffic matters.
We have court rules! At the end of 2022, Las Vegas Municipal Court instituted the Las Vegas Municipal Court Traffic Rules (LVMCTR) which govern both traffic misdemeanor and civil infraction citations. A link to the rules is located on the court’s website at https://municourt.lasvegasnevada.gov/.
Attorney sessions. The process for attorneys setting arraignments for an attorney session in Department 20 remains the same. Attorney sessions continue to be at 8:05 a.m. and 3:45 p.m., and are available to resolve both traffic misdemeanor and civil infraction citations. Any proofs for reduction or dismissal are due at the time the matter is resolved with the City Attorney.
Arraignments and trial settings. All contested cases will be set for court to provide an opportunity for resolution prior to setting the matter for trial. If the matter isn’t resolved, the contested citations will be set for trial in normal course.
For civil infractions, the new statutory process requires the posting of bail prior to receiving a trial date. Individuals who are unable to post bail can complete a fee waiver affidavit. Fee waiver affidavits are freely given and liberally approved for those unable to post bail. Once approved, the matter can be set for trial.
No changes have been made regarding the setting of traffic misdemeanor trials. No bail is required to be posted.
Trials. Traffic misdemeanor trials in Department 20 will continue to take place on Wednesdays, and civil trials will take place on Tuesday afternoons and every other Thursday afternoon.
90 Days is key for civil. As provided in the statutory process, individuals have 90 days from the date of the citation to resolve their cases. Any cases that remain unresolved, absent specific order by a judge, will result in the court entering liability and assessing the monetary penalty and administrative assessments for the particular infraction.
Payment options. All individuals who have traffic cases with the court will continue to have three options for payment, payment in full within 30 days, setting up a payment plan and making monthly payments, or signing up for the work program to work of their fines and fees.
Resources. The court’s website will be undergoing some changes in the near future to help make some of the new information easily available. The homepage will contain a navigation menu with links to the new rules, the current fine/fee schedule, and other helpful information.
About this article: This article was originally published in the “Administrative Law” issue of Communiqué, the official publication of the Clark County Bar Association, (Apr. 2023). See https://clarkcountybar.org/member-benefits/communique-2023/communique-apr-2023/.
About the author
Shannon Nordstrom serves as a Hearing Commissioner/Alternate Judge in Department 20 of Las Vegas Municipal Court and as the Fresh Start Traffic and Fresh Start Court Judge.
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