**2. Learning About the Churchill County Justice Court**
The Churchill County Justice Court has jurisdiction over all misdemeanors that occur in Churchill County, which includes Fernley, Fallon, Silver Springs, and the surrounding areas. It also has jurisdiction over civil suits when the amount sought does not exceed $10,000.00 as well as a wide range of other statutory functions.
Civil cases in the Justice Court include landlord and tenant disputes, debt collection, small claims, unlawful detainers, and evictions. Criminal cases involve defendants charged with misdemeanor offenses, such as DUI, petty theft, battery, driving suspended, trespassing and an assortment of other offenses. The court is not covered by the speedy trial act , meaning youth offenders detained in the jail can remain incarcerated for an indeterminate period of time without being seen in court. This creates a large backlog of cases. Observers in the system theorize this is one of the reasons why the courthouse is not located in rural Fallon, but in the more populated area to the east, with the new court house located in Fernley.
In addition to the civil and criminal cases before the court, the court administers a number of other functions, including domestic violence hearings, misdemeanor probation, temporary restraining orders, harassment injunctions, stalking injunctions, temporary guardianships, certified forms and record keeping for the public, issuing marriage licenses, conducting marriage ceremonies, and collecting the filing fees for District Court cases.
**3. Address and Contact Details for Churchill County Justice Court**
The Churchill County Justice Court is located at 73 N Maine St., Fallon, NV 89406. The main line for the Justice Court is 775-423-6562, and there is a fax line of 775-423-7101. In addition to these lines, the traffic division can be reached at 775-423-6573, the civil division at 775-423-6570, and the criminal division at 775-423-6571. The court is open Monday through Thursday from 7:30 a.m. to 5:30 p.m. and Friday from 7:30 a.m. to 5 p.m. The staff can accommodate those with hearing impairments via the TTY phone line at 775-423-2583.
The Justice Court has limited jurisdiction over certain types of cases. The court hears civil cases where the amount of damages or recovery does not exceed $10,000, in addition to acting as a small claims court for cases involving recovery of $10,000 or less. It has jurisdiction over landlord-tenant actions where the property is located within the county. Finally, the court has original jurisdiction over misdemeanor crimes and acts of traffic violations.
**4. How to File a Case in Churchill County Justice Court**
Filing a case in the Churchill County Justice Court follows a standard procedure. Plaintiffs, seeking to commence legal action, must file a complaint, summons, and jury demand, if desired. Typically, plaintiff(s) prepare those documents in the location where they maintain an office or are employed. However, the documents must be filed at the Clerk of the Court’s window.
A filing fee must accompany the documents, which can be paid with check or credit/debit card. However, cash is not accepted. Waiving the filing fee is also available under NRS 30.000.
The Justice Court staff will accept the filing, take the required fee, and then provide a copy of the filed complaint to the plaintiff. In sum, this process will result in a stamped complaint.
Although Justice Court rules are less formal than in other District Courts, the Court expects plaintiffs to remain observant of Nevada Rules of Civil Procedure, particularly Nevada Rules of Civil Procedure 4. Service of process, which is necessary for commencing a lawsuit, entails properly locating the defendant and serving them with process.
A plaintiff may elect to serve a defendant personally; however, this can be expensive and time consuming. Plaintiffs may wish to select a method less costly and time consuming. The Court will not recommend process servers; nor do process servers maintain a presence in the Court.
**5. Procedures and Protocols in Churchill County Justice Court**
Individuals appearing in the Churchill County Justice Court should be mindful of the court’s procedures and protocols. On a basic level, these procedures are established to facilitate an orderly and efficient judicial process. For example, in all civil cases where the amount in controversy is less than $10,000, parties must participate in an initial screening process to attempt to resolve the case. More specifically, the court requires litigants to appear for mediation scheduled by the court, which is facilitated by a trained mediator. In the vast majority of cases, matters can be resolved at that time, but if not, litigants are then designated for a non-jury trial, which is typically set within a few weeks of the mediation. In short, the court will not force litigants to go to trial on their case until all reasonable attempts to mediate and settle have been processed.
It is important to remember that appearance in Churchill County Justice Court is mandatory in most cases. This means that litigants must appear at a scheduled date and time to receive consideration of their case. Generally, there are no continuances provided. In civil cases where the party fails to appear and respond, the court will render a default judgment against them. The court may pass a default judgment in any civil action unless the defendant appears within 20 days after service of the offeror, or within 60 days when service is by posting or publication. However, if the non-appearing litigant has a meritorious defense, the court will allow that litigant to set aside the default judgment upon a prompt filing of a motion with the court and an accompanying answer or other proper pleading, along with a reasonable excuse for the failure to appear. The motion should be set before the court for a hearing on the next available date.
Because the court will enforce all deadlines, attorneys and litigants should have a solid understanding of the rules so they can ensure compliance without readvertising the services of Churchill County lawyers. For example, a self-represented litigant is required to file an answer to a counter-claim within 15 days after service of the counter-claim, unless the time is extended by the court for good cause. When an extension is necessary, the party must give notice of the motion to the party who has opposed the action and obtain a new date, at which time the extension of the time within which to plead might be granted. When the opposing party gives written consent — which must be filed with the court — granting an extension of the time within which to plead to the new date or to a specific date within which the moving party has set no time, the time shall be extended as consents. The court may accept a stipulation for extensions, but will not grant one in excess of 60 days without evidence by affidavit filed with the court of good cause and without consent of the opposing party. Lastly, the court cannot extend the period within which a party must plead beyond the deadline prescribed unless good cause is shown by the moving party supported by affidavits filed with the court for and in advance of the motion, and the court must find that manifest injustice will result without an extension.
**6. Seeking Representation and Resources in Churchill County Justice Court**
Many individuals appearing before the Churchill County Justice Court represent themselves, although they have the right to be represented by counsel. In fact, individuals having a fine or forfeiture in excess of $500 have a right to be represented by retained counsel and that right is found in NRS 171.188. This provision of Nevada law has been held to require district courts to appoint free counsel for indigent defendants charged with crimes punishable by imprisonment in the county jail except when "it is clear from the face of the charging document that the crime charged is a felony or misdemeanor." State v. Eighth Judicial Dist. Court (Maple), 120 Nev. 665, 669-70, 100 P.3d 702, 704-05 (2004). The court in Maple explained that when the circumstance of which the defendant stands accused does not fall within the express exception of NRS 171.188, "the court must first determine whether the defendant is indigent and then inquire whether the defendant’s offense carries the possibility of incarceration."
A defendant may be deemed to be indigent if he/she is "indigent and on public assistance." See NRS ch. 612 (Unemployment Enabling Act). In addition, indigency may be established by showing whether a defendant has income, savings, assets, and net worth that would permit the hiring of an attorney. Maple, 120 Nev. at 670 , 100 P.3d at 705. An indigent person is presumed to be financially unable to afford legal representation "because an indigent person qualifies for participation in any government program under the Welfare and Rehabilitation Act."
Being deemed to be indigent does not necessarily require the appointment of the public defender because the defendant may have income high enough to afford the services of the public defender but still be unable to retain private counsel. Maple, 120 Nev. at 674, 100 P.3d at 707. Nevada courts have held that they cannot appoint the public defender unless the defendant is "unable to pay for legal counsel." See State v. Eighth Judicial Dist. Court (Armstrong), 127 Nev. 927, 937, 263 P.3d 227, 235 (2011) (holding that district court did not abuse its discretion when it refused to appoint public defender for defendant who was indigent but had more than $40,000 available to pay for a retainer). Where a defendant’s financial circumstances are such that he/she qualifies for an attorney at public expense, the district court must appoint an attorney as soon as practicable after a defendant becomes eligible. Maple, 120 Nev. at 675, 100 P.3d at 708.
In addition to the public defender having a contractual arrangement with the State of Nevada to provide legal counsel to indigent defendants charged with certain types of crimes, the Churchill County Assisted Community Legal Aid Society ("CCALAS") provides legal assistance to qualified indigent defendants in Churchill County. CCALAS "is dedicated to providing economical and easily accessible legal services to those who would otherwise be excluded from access to justice because of cost." The CCALAS office is located at 418 East William Street in Fallon.
**7. Public Access and Record Keeping in Churchill County Justice Court**
Residents and visitors alike can access information available through the Churchill County Justice Court as long as they follow the court’s established procedures. The records available at the court include both civil and criminal records for area case filings.
The court’s public records policy covers three basic areas of access, including the online and standard public access to court records, public recording services, and restrictions on those records. The courthouse has designated an office, which provides online access to court records and finances. Access to this room is free of charge to users.
As for standard public court record access, the court’s policy states that the courthouse provides access to public records by allowing interested individuals to retrieve information for their personal or commercial use. No charge applies to these records unless subscribers require a copy of the record requested.
The limitations for public access to records can be put in place when restrictions by Nevada law require the court to limit viewing to the general public. In cases of request for court-record information, the court would obtain guidance from court staff and Nevada statutes. Exceptions to these restrictions may include some of the following cases:
At the same time, the court reserves the right to limit access to public-record information when the footage recorded may violate the privacy rights of victims or witnesses.
**8. Community Programs and Impact of Churchill County Justice Court**
The Churchill County Justice Court plays a vital role in the local community, extending its reach beyond the courtroom. Its commitment to community service is evident through various initiatives and public programs that foster justice and public education. This connection to the community is a priority, bridging the gap between the judiciary and the citizens it serves.
One of the court’s significant outreach programs involves school tours, which allow students to familiarize themselves with the functioning of the justice system. For many, these visits offer a firsthand look at judicial proceedings in a non-adversarial setting, creating invaluable experiences for future civic engagement. The goal of the court is to raise community awareness and educate students on their future obligations to jury duty at age 18.
The court also facilitates programs aimed at assisting individuals in need. The "Operation Re-Entry Initiative" is designed for residents who have been incarcerated. This program is a collaboration between the Department of Parole and Probation, community members , and local charities such as the Food Bank and Nevada Rural Housing Authority. It provides essential educational classes, such as job readiness, resumes, employment resources, criminal background checks, and more, to help participants secure housing and employment. The program aims to break the cycle of recidivism by assisting clients in becoming integrated back into the community.
Additionally, the Churchill County Justice Court collaborates with organizations such as the Children’s Advocacy Center and CASA (Court-Appointed Special Advocates) for Churchill County. They provide volunteers who support abused and neglected youth in the local community. These efforts aim to ensure that these youth receive timely, necessary services in stable, permanent homes.
Through these initiatives, the Justice Court demonstrates its commitment to the well-being of the community and the individuals within it. Their ongoing efforts focus on serving the best interests of both the victims and defendants, while recognizing that the community as a whole can be affected by ongoing issues and obstacles.
