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Nevada Eighth Judicial District Court Chief Judge Linda Bell issued Administrative Order 20-12 to outline management of juvenile matters. In-custody juvenile matters will proceed, but matters for juveniles hospitalized, isolated or quarantined will be continued.
Contested hearings, detention hearings, hearings for entry of plea, certification hearings, disposition hearings, probation violation hearings, and parole violations for in-custody juveniles will continue to be heard. Absent extraordinary circumstances, these hearings shall be conducted through BlueJeans video. Clark County Juvenile Justice Services is ordered to provide a means for juveniles to appear by video from juvenile detention rather than transporting juveniles to Court. Appearances may be made from a smart phone or tablet, so this should not pose any significant expense or inconvenience to Juvenile Justice Services.
No in-custody juvenile who is hospitalized, isolated, or quarantined will be transported to court or appear for a court proceeding. Those matters are to be continued until the juvenile is no longer under any hospitalization, isolation, or quarantine.
All matters where the juvenile is out of custody will be continued for at least 30 days unless a District Court Judge determines that there is a critical need to hear an out-of-custody matter. In those cases, the juvenile must appear before the District Court Judge by BlueJeans video.
All specialty courts, Drug Court, DAAY Court, Diversion Court, and restitution court appearances will be continued for 30 days. Emancipations will be continued unless the court determines that there is a critical need for an emancipation.
No juvenile matter may proceed without the juvenile present either in person or by alternative means. If the juvenile is unavailable, the matter will be continued.
Signatures on Juvenile Written Admissions
In order to ensure the rights of juveniles are being protected while the court allows appearances by alternative means, all admissions must be in writing and include an acknowledgement of rights and an acknowledgement of the standard terms and conditions of probation or parole. Written admissions must be signed by the juvenile or signed by the juvenile’s attorney as set forth in Administrative Order 20-10 and be e-filed and accepted by the court prior to the hearing. For the week of March 30, 2020 only, written admissions may be filed after the court appearance.
Using AO 20-10 as a model for when an attorney may sign a guilty plea agreement on behalf of a defendant appearing by alternative means, if a juvenile is unable to physically sign the written admission, the admission shall be signed by counsel in the following manner:
“Signature affixed by (insert name of defense counsel) at the direction of (insert name of juvenile).”
The judge shall make a record that because of COVID-19 precautions that the juvenile was unable to physically sign the written admissions. The juvenile shall be canvassed by the judge taking the plea as follows:
u00b7 On page [say page number] of the admissions your attorney has signed your name with a notation that they signed it at your direction. Is that correct?
u00b7 Did you agree for your attorney to sign in place of your actual signature?
u00b7 Before directing your attorney to sign for you, did you read the admissions and talk to you[r] attorney about the terms contained in the written admission?
u00b7 Did you discuss that your attorney signing your name at your direction will be treated the same as if you actually signed the agreement?
u00b7 Do you agree to have the signature placed on the agreement by your attorney to be treated the same as if you signed the admission agreement?
u00b7 Did you knowingly, willingly, and voluntarily direct your attorney to sign this agreement on your behalf?
Appearances by Alternative Means
Nevada Supreme Court Rules Part IX, governing appearances by telephonic and audiovisual transmission expressly exclude juvenile proceedings. With the concurrence of Chief Justice Kristina Pickering, this rule is suspended due to COVID-19.
Attorneys, probation officers, social workers, parents, guardians, and any other necessary parties to a juvenile proceeding are strongly encouraged to appear by alternative means. Video appearances are strongly preferred for this case type. Parents or guardians who must attend hearings are encouraged to appear through alternative means. For the appearance, parents or guardians may provide their e-mail addresses to the juvenile’s attorney, and the attorney is to follow the procedures outlined AO 20-10. Specifically, appearances by alternative means are to be conducted in the following manner:
All appearances by alternative means by attorneys and out-of-custody parties will be through BlueJeans video unless for technical reasons a phone conference is necessary. Attorneys appearing by alternative means, or having clients/witnesses/agency representatives/probations officers appear by alternative means, must notify the department via email at least one judicial day before the appearance, except in case of an emergency. The attorney must provide emails for all persons making an appearance so the department can provide a link for the appearance. If arrangements need to be made on shorter notice, the judicial department must be contacted by phone.
This order shall be reviewed no later than every 30 days and shall continue until modified or rescinded by a subsequent order.
Administrative Order 20-12Administrative Order 20-11Final
Administrative Order 20-10 Court Process
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