4.353 - Deputy marshal: Appointment; duties; qualifications; compensation.

4.353  Deputy marshal: Appointment; duties; qualifications; compensation.

      1.  Subject to the provisions of subsections 2, 4 and 10, in a county whose population is 400,000 or more, the justice of the peace for each justice court may appoint a deputy marshal for the court instead of a bailiff. The deputy marshal serves at the pleasure of the justice of the peace that the deputy marshal serves.

      2.  In all townships where there is more than one justice of the peace, there may be a number of deputy marshals at least equal to the number of justices of the peace. If the justices of the peace cannot agree upon the appointment of any deputy marshal within 30 days after a vacancy occurs in the office of deputy marshal, the appointment must be made by a majority of the board of county commissioners.

      3.  Each deputy marshal shall:

      (a) Preserve order in the court.

      (b) Open and close court.

      (c) Perform other such duties as may be required of the deputy marshal by the justice of the peace of the court.

      4.  The deputy marshal must be a qualified elector of the county and shall give bond, to be approved by the justice of the peace, in the sum of $2,000, conditioned for the faithful performance of his or her duty.

      5.  The compensation of each deputy marshal for his or her services must be fixed by the board of county commissioners of the county and the deputy marshal’s salary paid by the county wherein he or she is appointed, the same as the salaries of other county officers are paid.

      6.  The board of county commissioners of the respective counties shall allow the salary stated in subsection 5 as other salaries are allowed to county officers, and the county auditor shall draw his or her warrant for it, and the county treasurer shall pay it.

      7.  The provisions of this section do not authorize the deputy marshal to serve any civil or criminal process, except such orders of the court which are specially directed by the court or the presiding justice of the peace thereof to the deputy marshal for service.

      8.  If a deputy marshal is appointed for a court pursuant to subsection 1, each session of the court must be attended by the deputy marshal.

      9.  For good cause shown, a deputy marshal appointed for a court pursuant to subsection 1 may be assigned temporarily to assist other justice courts or assist with court administration as needed.

      10.  A person appointed to be a deputy marshal pursuant to subsection 1 must be certified by the Peace Officers’ Standards and Training Commission as a category I peace officer not later than 18 months after appointment.

      (Added to NRS by 2007, 2190)