The legislature has formally adopted the requirement for jury trials in cases involving termination of parental rights and relocation. We are now working with legal counsel to monitor the implementation phase to ensure these procedural changes are applied consistently across all district courts.
December 11, 2018
Final supporters
Article I, Section 3 of the Nevada Constitution states that the “[T]he right of trial by Jury shall be secured to all and remain inviolate forever, but a Jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law…” The Constitution guarantees the right, and leaes it up to the Legislature to provide the means and ways by which the right is to be enforced. Obanion v. Simpson, 44 Nev. 188, 191 P. 1083, 1920 Nev. LEXIS 24 (1920). The right to a jury trial even extends to Nevada justice courts where small amount of money are involved (Aftercare of Clark County v. Justice Court, 120 Nev. 1, 82 P.3d 931 (2004)), though the right does not extend to small claims courts due to the need to provide for a speedy cost-effective resolution to cases..
Nevada’s family courts are part of the District Court. Yet, family court has no provision for jury trials and the courtrooms do not even have a jury box. No jury waivers are requested of, or made by, the litigants. This is the case notwithstanding the fact that crucial issues such as the termination of parental rights, relocation of a child away from one of the parents, and division of community property and other key decisions are routinely made, cutting to the very core of a person’s fundamental rights to raise a child and to enjoy his/her property.
The NRS needs to make clear that litigants in family court have a right to a jury trial to be exercised in the same manner as in other district courts.
Updates
December 4, 2018
The growth of this petition reached the threshold necessary to request a formal meeting with the assembly judiciary committee. I am drafting the proposal now to outline the specific legislative changes required to enforce jury trials in family court cases.
Reached 100 supporters
December 4, 2018
35 Comments
For the best interest of children, family courts (as their called) desperately need a jury. One person (Judge) should not have that much power to rule over a child’s life. To many children have died under the rulings and orders of these Judges, change needs to happen.
My grand children are forced to be with their father who feeds them maybe once a day and makes them sleep in the trailer on the side of the yard when he has visitations with them. I have watched them scream and beg and plead to not have to go away from their mother but yet she is forced by the courts to put her children in harms way. Something has to be done for the care of the children. Abusive parents with criminal records and drug problems should not be put in a position to look out for children.
It is VERY important that parents are allowed a trial by jury. My sister is going though this in CA & it is very obvious many judges are biased & just want to push cases through.
To remove a child from their home should require the upmost certainty of the childs well being and safety. I believe a jury is a way.
I went to the juvenile courts for help with my sons. Was told they need to be adjudicated to get help. I followed the advice due to no insurance which lead to 2 years of hell trying to get my children back. They even tried to remove my parental rights and placed my child somewhere without my knowledge or consent. This is NECESSARY and I'm will to share my experience.
Hi CPS took my daughter who was 6 April of 2017 saying she was being sexually abused by my roommate and she was not plus they took her to the doctors to have her checked 3 different times without me being present, meanwhile my caseworker had me taking 5 different classes to get her back and move into my own spot which I did, and Everytime my caseworker would go visit my daughter in the foster home she was placed in she was always telling her that she probably will not be returning home to her mother, well October 3rd 2018 I fired my court appointed private attorney as they called it, because he wasn't doing anything for me what's so ever and everything he said he would do he did not.. October 17th I hired my own Attorney Robert Blau and paid good money for him and he told me if I can present a clean drug test then he can get her back for me so I did that and January 7th 2019 was my court for termination of my parental rights and I sat in the room outside the court room with my Attorney as he is yelling at me that he is not gonna beat my case and I waited to late to hire him and I need to sign my rights over so I can still be apart of my baby's life and if I want to fire him I can and he will leave right now and if I think he is a no good Attorney he didn't care but he can not beat my case. So then the bailiff comes in and says the Judge wants to see everybody in the court room so when I stood up to go in she said not you ma'am so I sat in that room for 45 minutes when my Attorney finally walked back in telling me I need to go in the court room and sign these papers and later on if I want to I can appeal it but I need to go sign them now, so when I walk into the court room there was not even a judge in there so I don't know what they did to me but being without my daughter I feel like they ripped my heart out of my chest and my whole stomach insides and all I do everyday is cry and cry and I cry myself to sleep so I am losing it and don't even want to be here no mor
Family courts are all about $ and power. No one cares about the children. If they say that then have Lawyers rep the child and put your money where your mouth is.
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The legislature has formally adopted the requirement for jury trials in cases involving termination of parental rights and relocation. We are now working with legal counsel to monitor the implementation phase to ensure these procedural changes are applied consistently across all district courts.
December 11, 2018
Final supporters
Article I, Section 3 of the Nevada Constitution states that the “[T]he right of trial by Jury shall be secured to all and remain inviolate forever, but a Jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law…” The Constitution guarantees the right, and leaes it up to the Legislature to provide the means and ways by which the right is to be enforced. Obanion v. Simpson, 44 Nev. 188, 191 P. 1083, 1920 Nev. LEXIS 24 (1920). The right to a jury trial even extends to Nevada justice courts where small amount of money are involved (Aftercare of Clark County v. Justice Court, 120 Nev. 1, 82 P.3d 931 (2004)), though the right does not extend to small claims courts due to the need to provide for a speedy cost-effective resolution to cases..
Nevada’s family courts are part of the District Court. Yet, family court has no provision for jury trials and the courtrooms do not even have a jury box. No jury waivers are requested of, or made by, the litigants. This is the case notwithstanding the fact that crucial issues such as the termination of parental rights, relocation of a child away from one of the parents, and division of community property and other key decisions are routinely made, cutting to the very core of a person’s fundamental rights to raise a child and to enjoy his/her property.
The NRS needs to make clear that litigants in family court have a right to a jury trial to be exercised in the same manner as in other district courts.
Updates
December 4, 2018
The growth of this petition reached the threshold necessary to request a formal meeting with the assembly judiciary committee. I am drafting the proposal now to outline the specific legislative changes required to enforce jury trials in family court cases.
Reached 100 supporters
December 4, 2018
35 Comments
Agreed! If you dont have an attorney you lose before you ever walk into court. I know. Nobody cares cause I dont have $.
For the best interest of children, family courts (as their called) desperately need a jury. One person (Judge) should not have that much power to rule over a child’s life. To many children have died under the rulings and orders of these Judges, change needs to happen.
My grand children are forced to be with their father who feeds them maybe once a day and makes them sleep in the trailer on the side of the yard when he has visitations with them. I have watched them scream and beg and plead to not have to go away from their mother but yet she is forced by the courts to put her children in harms way. Something has to be done for the care of the children. Abusive parents with criminal records and drug problems should not be put in a position to look out for children.
It is VERY important that parents are allowed a trial by jury. My sister is going though this in CA & it is very obvious many judges are biased & just want to push cases through.
To remove a child from their home should require the upmost certainty of the childs well being and safety. I believe a jury is a way.
I went to the juvenile courts for help with my sons. Was told they need to be adjudicated to get help. I followed the advice due to no insurance which lead to 2 years of hell trying to get my children back. They even tried to remove my parental rights and placed my child somewhere without my knowledge or consent. This is NECESSARY and I'm will to share my experience.
Hi CPS took my daughter who was 6 April of 2017 saying she was being sexually abused by my roommate and she was not plus they took her to the doctors to have her checked 3 different times without me being present, meanwhile my caseworker had me taking 5 different classes to get her back and move into my own spot which I did, and Everytime my caseworker would go visit my daughter in the foster home she was placed in she was always telling her that she probably will not be returning home to her mother, well October 3rd 2018 I fired my court appointed private attorney as they called it, because he wasn't doing anything for me what's so ever and everything he said he would do he did not.. October 17th I hired my own Attorney Robert Blau and paid good money for him and he told me if I can present a clean drug test then he can get her back for me so I did that and January 7th 2019 was my court for termination of my parental rights and I sat in the room outside the court room with my Attorney as he is yelling at me that he is not gonna beat my case and I waited to late to hire him and I need to sign my rights over so I can still be apart of my baby's life and if I want to fire him I can and he will leave right now and if I think he is a no good Attorney he didn't care but he can not beat my case. So then the bailiff comes in and says the Judge wants to see everybody in the court room so when I stood up to go in she said not you ma'am so I sat in that room for 45 minutes when my Attorney finally walked back in telling me I need to go in the court room and sign these papers and later on if I want to I can appeal it but I need to go sign them now, so when I walk into the court room there was not even a judge in there so I don't know what they did to me but being without my daughter I feel like they ripped my heart out of my chest and my whole stomach insides and all I do everyday is cry and cry and I cry myself to sleep so I am losing it and don't even want to be here no mor
Family courts are all about $ and power. No one cares about the children. If they say that then have Lawyers rep the child and put your money where your mouth is.
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Agreed! If you dont have an attorney you lose before you ever walk into court. I know. Nobody cares cause I dont have $.