Nevada v. Kopp
Nevada v. Kopp
Opinion of the Court
By the Court,
This case presents an issue of first impression regarding whether a district court acquires jurisdiction over misdemeanors that have been joined in a single indictment or information with a felony or gross misdemeanor. We conclude that district courts do not acquire jurisdiction over misdemeanors under such circumstances.
On October 14, 1999, Timothy Kopp was subdued and arrested by officers of the Las Vegas Metropolitan Police Department following a high-speed car chase that ended at the City Limits Bar on Las Vegas Boulevard. After Kopp’s arraignment in the justice’s court, the State presented the facts of the case to a grand jury, and subsequently, the grand jury indicted Kopp on the following three counts: (1) failing to stop at the signal of a police officer, a felony under NRS 484.348(3); (2) driving and/or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor, a misdemeanor under NRS 484.379; and (3) resisting arrest, a misdemeanor under NRS 199.280(2). Upon the
Thereafter, Kopp filed a motion in the district court to dismiss the misdemeanor charges, arguing that the district court lacked jurisdiction over them. After reviewing Kopp’s motion to dismiss and the State’s motion in opposition, the district court ruled that it lacked jurisdiction over the misdemeanor charges and dismissed them. It is this ruling the State challenges on appeal.
The question posed in this appeal is whether NRS 173.115 grants jurisdiction to the district court over a misdemeanor joined with a felony or gross misdemeanor in a single indictment or information. NRS 173.115 states:
Two or more offenses may be charged in the same indictment or information in a separate count for each offense if the offenses charged, whether felonies or misdemeanors or both, are:
1. Based on the same act or transaction; or
2. Based on two or more acts or transactions connected together or constituting parts of a common scheme or plan.
(Emphasis added.)
It is the State’s position that the district court acquires jurisdiction over misdemeanors that are joined with a felony or gross misdemeanor in a single indictment or information. The State contends that since criminal cases may only come before district courts by way of an indictment or information,
Justices’ courts have jurisdiction of all misdemeanors and no other criminal offenses except as otherwise provided by specific statute.
(Emphasis added.) According to the State, while justices’ courts generally have exclusive jurisdiction over misdemeanors under NRS 4.370(3), NRS 173.115 articulates a specific instance when the district court acquires jurisdiction over misdemeanors. Essentially, the State contends that NRS 173.115 gives the district court a kind of supplemental jurisdiction over misdemeanors when those misdemeanors are joined together with felonies or gross misdemeanors in one indictment or information.
In contrast, Kopp argues that were this court to adopt the
Prior to 1978, the Nevada Constitution allowed the district courts and the justices’ courts to exercise concurrent jurisdiction in some areas, including unlawful detainer actions. In 1978, however, Article 6, section 6 of the Nevada Constitution was amended to provide, in part: “The District Courts . . . shall have original jurisdiction in all cases excluded by law from the original jurisdiction of the justices’ courts.’ ’ Therefore, the district courts have no original jurisdiction in matters in which the justices’ courts have original jurisdiction. In short, concurrent jurisdiction between the district courts and the justices’ courts can no longer exist.3
According to Kopp, NRS 173.115 is most reasonably interpreted as only permitting the joinder of felonies and those misdemeanors which are denominated as gross misdemeanors, which is consistent with the fact that the district courts’ original jurisdiction in criminal cases is limited to felonies and gross misdemeanors.
The question of whether NRS 173.115 grants jurisdiction to the district court over a misdemeanor that is joined with a felony or gross misdemeanor in a single indictment or information is a question of first impression. Under Nevada law, the construction of a statute is a question of law that we review de novo.
Standard rules of statutory interpretation direct us to conclude that NRS 173.115 does not grant the district court jurisdiction over misdemeanors that are joined with a felony or gross misdemeanor in a single indictment or information. It is well settled that when “a statute may be given conflicting interpretations, one rendering it constitutional, and the other unconstitutional, the constitutional interpretation is favored.”
Further, it appears that the legislature used the generic term “misdemeanors” when NRS 173.115 was enacted because, at that time, the district court had original jurisdiction over the misdemeanor offense of battery on a police officer.
Finally, we conclude that it is not reasonable to interpret NRS 173.115 as granting jurisdiction to the district court over a misdemeanor that is joined with a felony or gross misdemeanor in a single indictment or information. We have long adhered to the position that a statute should be interpreted “in light of the policy and the spirit of the law, and the interpretation should avoid absurd results.”
Based on the foregoing, we conclude that NRS 173.115 refers to gross misdemeanors and felonies, and not to misdemeanors. Moreover, after careful consideration of all of the State’s arguments, we expressly reject the State’s contention that NRS 173.115 should be interpreted as granting jurisdiction to district courts over a misdemeanor that is joined with a felony or gross misdemeanor in a single indictment or information. Accordingly, we affirm the decision of the district court.
See Nev. Const, art. 1, § 8, cl. 1; NRS 173.015; see also Seim v. State, 95 Nev. 89, 98, 590 P.2d 1152, 1157 (1979) (discussing criminal procedure in district courts).
103 Nev. 473, 745 P.2d 700 (1987).
Id. at 475, 745 P.2d at 701 (quoting Nev. Const, art. 6, § 6).
See Kimball v. State, 100 Nev. 190, 191, 678 P.2d 675, 676 (1984) (stating that “[t]he original jurisdiction of the district court is in fact limited to felonies and gross misdemeanors”).
Gallagher v. City of Las Vegas, 114 Nev. 595, 599, 959 P.2d 519, 521 (1998).
Erwin v. State of Nevada, 111 Nev. 1535, 1538-39, 908 P.2d 1367, 1369 (1995).
Gallagher, 114 Nev. at 599, 959 P.2d at 521.
Sheriff v. Wu, 101 Nev. 687, 689-90, 708 P.2d 305, 306 (1985).
We see no persuasive reason for expanding the logic of our decision in Kimball to the facts of this case. Kimball stands for the proposition that district courts have jurisdiction over lesser-included misdemeanors, not that they have jurisdiction over any misdemeanor whenever it is joined with a felony or gross misdemeanor. 100 Nev. at 191, 678 P.2d at 676.
Battiato v. Sheriff, 95 Nev. 361, 362, 594 P.2d 1152, 1153 (1979) (stating that “original jurisdiction of the offense of misdemeanor battery on a police officer lies in the district court”).
NRS 173.115 was enacted in 1967. 1967 Nev. Stat., ch. 523, § 112, at 1413. Eleven years later, the Nevada Constitution was amended, and concurrent jurisdiction between the district and justices’ courts was eliminated. See K.J.B., 103 Nev. at 475, 745 P.2d at 701. NRS 173.115, however, has not been amended since it was first enacted.
Currently, under NRS 200.481, the battery of a police officer is treated as either a gross misdemeanor or a felony, depending on the nature of the offense.
Hunt v. Warden, 111 Nev. 1284, 1285, 903 P.2d 826, 827 (1995).
Contrary to the State’s assertions, concerns of judicial economy and case management actually weigh against the adoption of the State’s interpretation of NRS 173.115.
Dissenting Opinion
dissenting:
I would reverse and remand this matter for trial on all of the charges in district court.
Article 6, Section 6 of the Nevada Constitution was amended in 1978 to provide, inter alia, “[t]he District Courts . . . have original jurisdiction in all cases excluded by law from the original jurisdiction of the justices’ courts.”
NRS 173.115 provides:
Two or more offenses may be charged in the same indictment or information in a separate count for each offense if the offenses charged, whether felonies or misdemeanors or both, are:
1. Based on the same act or transaction; or
2. Based on two or more acts or transactions connected together or constituting parts of a common scheme or plan.
This statute, enacted in 1967 before Article 6 was amended, refers to indictments and informations, pleadings which can only commence criminal prosecutions in Nevada district courts. The use of the term “misdemeanor” by its terms includes gross and simple misdemeanor offenses. Thus, NRS 173.115 clearly and specifically gives the district court jurisdiction to hear both categories of offenses when all relate to a single transaction, as is the case here. This satisfies NRS 4.370(3), which provides that:
Justices’ courts have jurisdiction of all misdemeanors and no other criminal offenses except as otherwise provided by specific statute.
As noted, NRS 173.115 specifically creates an exception to the general requirement of NRS 4.370(3). Because Article 6 gives the state legislature the power to define the jurisdiction of the various levels of our trial court system, the specific legislative exception in NRS 173.115 to the general statement of justice court jurisdiction in NRS 4.370(3) is not unconstitutional. That NRS
The majority is concerned that the State’s position will have an adverse effect on district court dockets and will considerably lighten the burden that now exists on municipal and justice courts in this state. This should not be a consideration at this juncture. First, there is nothing in this record to suggest such a result. Second, the public policy consideration arising from the majority’s concern, the allocation of judicial resources, should be resolved by the legislature, and not by us.
Thus, as noted, I would reverse the dismissal of the misdemeanor counts in this case.
See K.J.B. Inc. v. District Court, 103 Nev. 473, 475, 745 P.2d 700, 701 (1987).
Reference
- Full Case Name
- The STATE OF NEVADA, Appellant, v. TIMOTHY JACK KOPP, Respondent
- Cited By
- 20 cases
- Status
- Published