County Clerk and the Clerk of the Court

Supreme Court Case History

In 1999 then Washoe County Clerk Amy Harvey filed a Petition in the Nevada Supreme Court requesting clarification of Article 4, Section 32, of the Nevada Constitution which provides that the County Clerk is the Clerk of the Court and challenging the usurpation of her Clerk of Court duties by the Second Judicial District Court.

On October 10, 2001 the Supreme Court rendered it decision finding: “A district court may exercise control over the court clerk's office either directly, by assuming all or part of the court clerk's functions, or indirectly, by supervising the county clerk in the performance of his or her duties as the ex officio court clerk. Therefore, the District Court has not usurped, the office of the County Clerk in Washoe County.” Click here to view the written Decision in it’s entirety.

As of December 14, 2001 the judges of the Second Judicial District Court assumed all duties of the Clerk of Court for the Second Judicial District. Since that time the offices of the Washoe County Clerk and the Clerk of Court for the Second Judicial District Court have operated independently of one another, and the Washoe County Clerk has not had custody or control of any court documents or files.

At the time the decision was rendered, the County Clerks in all other 16 counties in Nevada were the Clerk of the Court. Since then, as of the spring 2013, two other District Courts have assumed the duties of the Clerk of the Court: Clark County and Churchill County.

If you are interested in the legal aspects and filings in the case, please see the list of documents below.

Document Timeline
Writ of Prohibition
November 17, 1999
Order Requesting Answer
January 27, 2000
Stipulated Motion to Extend Time to File Answer
February 4, 2000
Order Granting Extension of Time to File Answer (due March 24)
February 15, 2000
Motion of Shirley Parraguirre for Leave to Appear as Amicus Curiae
February 15, 2000
Motion for Leave to File a Brief of an Amicus Curiae (Nevada Association of Counties)
March 9, 2000
Brief of an Amicus Curiae (Nevada Association of Counties)
March 9, 2000
Order Granting Motions
March 21, 2000
Respondents' Answer to Application and Complaint and Motions to Dismiss
March 24, 2000
Response to Opposition on Motion to Dismiss
March 31, 2000
Stipulation for Order Extending Time to File Petitioner's Reply to Respondents' Answer to Petition and Complaint
April 4, 2000
Respondent's Answer to Amicus Curiae Brief of Nevada Association of Counties
April 4, 2000
April 11, 2000
Plaintiff's Reply to Respondent's Answer
April 21, 2000
Defendants/Respondent's Brief in Response to Amicus Curiae Brief of Shirley B. Parraguirre
April 26, 2000
Order Denying Motion to Dismiss
July 26, 2000
Notice Setting Oral Argument
December 21, 2000
Oral Arguments Heard
February 7, 2001
Supreme Court Decision Published (Also see Press Release of October 11, 2001 above)
October 10, 2001

Privacy Policy - Clerk's Office