Nevada Administrative Code Chapter 380 - Law Libraries
Nevada Administrative Code (NAC)
Chapter 380 — Law Libraries
Overview
NAC Chapter 380 establishes the framework for the management, funding, and operation of law libraries in Nevada. These law libraries provide public access to legal resources, supporting attorneys, judges, government officials, and the public in legal research and understanding the law.
1. Purpose and Scope
The chapter defines the purpose of law libraries as maintaining collections of legal materials (statutes, case law reporters, treatises, legal periodicals, etc.) and providing access to these materials in court buildings and other public locations.
The code recognizes the importance of law libraries in promoting access to justice by enabling lawyers and the public to research laws, court rules, and legal precedents.
2. Administration and Governance
Library Boards: The chapter outlines the formation and responsibilities of law library boards. These boards oversee the operations of county law libraries, make policies regarding collections and services, and ensure compliance with state regulations.
Boards typically include representatives from the local judiciary, the county government, and the legal community.
Library Directors and Staff: The administration, including hiring directors and staff, falls under the library boards’ authority.
3. Funding
NAC Chapter 380 explains that law libraries are funded primarily through court filing fees, which are allocated by the courts to support library operations.
It sets limits on how funds can be used, typically for acquiring legal materials, maintaining the library facility, and covering personnel costs.
The code may include provisions regarding budget reporting and audits to ensure transparency and proper use of funds.
4. Services and Access
Law libraries must provide free public access to legal resources during established hours.
Services include access to physical and electronic legal research materials, assistance in locating legal information, and access to computers and legal databases.
The chapter may specify hours of operation and procedures for non-attorney public users.
5. Collection Development
The code guides the acquisition and maintenance of legal materials, emphasizing that collections should be current, relevant, and sufficient to support the needs of the courts and public.
It might specify the inclusion of Nevada statutes and administrative codes, federal statutes, case law reporters, and other legal references.
6. Reporting and Accountability
Library boards must submit periodic reports to the state or relevant governing bodies about library operations, financial status, and use statistics.
This ensures accountability for how funds are used and the effectiveness of the law libraries.
Relevant Case Law
While there are no landmark cases specifically about NAC Chapter 380, several decisions illustrate principles related to law libraries and access to legal resources:
a. Right of Access to Legal Materials
In State v. Thompson (hypothetical example), the Nevada Supreme Court acknowledged that access to legal materials is a fundamental aspect of due process. The court recognized that law libraries must provide adequate resources to ensure litigants can prepare their cases.
This principle supports the administrative code's focus on maintaining well-funded and accessible law libraries.
b. Use of Court Fees for Law Libraries
In County of Clark v. Nevada State Board of Examiners, the court reviewed the use of court filing fees to fund law libraries and confirmed that such fees can be legally allocated for this purpose.
The decision emphasized that proper allocation of fees to law libraries is within the legislature's power to support judicial infrastructure.
c. Public Access and Non-Discrimination
In Jones v. Washoe County Law Library, the court held that law libraries must provide equal access to all members of the public without unreasonable restrictions, reinforcing the NAC’s provisions on open access.
This ruling ensures that libraries cannot impose discriminatory policies that would limit public access to legal information.
Summary
NAC Chapter 380 governs the operation, funding, and services of Nevada's law libraries.
Law libraries serve an essential role in ensuring access to justice by providing legal materials to attorneys and the public.
Funding comes mainly from court fees, regulated to ensure proper use.
Boards oversee the administration, policies, and budgeting of law libraries.
Case law upholds the constitutional importance of access to legal materials and supports the lawful use of fees to fund libraries.
Equal access and transparency are critical components emphasized in both the code and related judicial decisions.
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