Nevada Revised Statutes

Nev. Rev. Stat. § 3.080 (2026)

Vacancy filled by Governor; term

✓ current as of July 2026
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NRS 3.080  Vacancy filled by Governor; term.

      1.  The Governor shall declare vacant the office of district judge.

      2.  Whenever any vacancy shall occur in the office of district judge the Governor shall fill the same by granting a commission, which shall expire at the next general election by the people and upon the qualification of his or her successor, at which election a district judge shall be chosen for the balance of the unexpired term.

      [Part 38:108:1866; B § 2636; BH § 1673; C § 1819; RL § 2802; NCL § 4802] + [Part 48:108:1866; B § 2646; BH § 1683; C § 1829; RL § 2812; NCL § 4812]

     

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1981–2025 · leading case: Lueck v. Teuton, 219 P.3d 895 (Nev. 2009).
Lueck v. Teuton, 219 P.3d 895 (Nev. 2009). · cites it 16× “In fact, NRS 3.080, a statute substantially unchanged from its earliest codifications in 1866, see 1866 Nev.”
Goldman Ex Rel. Goldman-Wilson v. Nevada Comm'n on Jud. Discipline, 830 P.2d 107 (Nev. 1992). · cites it 2× “Appellant has asserted on appeal, however, that pursuant to NRS 3.080(1), only the governor may declare a vacancy in the office of district judge and, therefore, the commission lacked jurisdiction to take such action.”
Halverson v. Miller, 186 P.3d 893 (Nev. 2008). “We note that Article 17, Section 22 of the constitution regarding the filling of vacancies relied upon in Gorin was amended in 1976 to remove judicial officers from its application.”
State Bar of Nevada v. List, 632 P.2d 341 (Nev. 1981). · cites it 4× “OPINION Per Curiam: Petitioners request this court to issue a writ of mandamus commanding the governor to declare vacant, NRS 3.080(1), two judgeships in the Second Judicial District Court created by NRS 3.”
Moss v. Perry (D. Nev. 2025). · cites it 2× “NRS § 3.080. Judge Perry is a 4 state court judge of the EJDC.”
— Nev. Rev. Stat. § 3.080(1) — 3 cases
Lueck v. Teuton, 219 P.3d 895 (Nev. 2009). “In fact, NRS 3.080, a statute substantially unchanged from its earliest codifications in 1866, see 1866 Nev.”
Goldman Ex Rel. Goldman-Wilson v. Nevada Comm'n on Jud. Discipline, 830 P.2d 107 (Nev. 1992). “Appellant has asserted on appeal, however, that pursuant to NRS 3.080(1), only the governor may declare a vacancy in the office of district judge and, therefore, the commission lacked jurisdiction to take such action.”
State Bar of Nevada v. List, 632 P.2d 341 (Nev. 1981). “OPINION Per Curiam: Petitioners request this court to issue a writ of mandamus commanding the governor to declare vacant, NRS 3.080(1), two judgeships in the Second Judicial District Court created by NRS 3.”
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