Elko Justice Court is located at 571 Idaho Street, Elko, NV 89801. It is in the basement of the Elko County Courthouse, which also houses the Municipal and Fourth Judicial District Courts.
The phone number is (775) 738-8403. The email is [email protected] And the courthouse is open Monday through Friday, 8:30 AM to 4:30 PM.
In this article our Nevada criminal defense attorneys answer these frequently-asked-questions:
- 1. What does Elko Justice Court do?
- 2. Is my case information available online?
- 3. Can I pay fines online?
- 4. What if I cannot make a fine payment?
- 5. Will I get a bench warrant if I miss my hearing?
- 6. May I get a public defender?
- 7. Where do I park?
- 8. How should I dress?
- 9. Can I carry my weapons with me?
- 10. What if I do not speak English?
- 11. Can I seal my criminal records?
- 12. Elko Municipal Court
1. What does Elko Justice Court do?
Elko Township Justice Court (EJC) handles these criminal and civil matters:
- Misdemeanors and traffic citations that happened in unincorporated Elko. Misdemeanors that happened within the incorporated city limits are heard in Elko Municipal Court, which has the same courtroom and judges as EJC.
- All felony and gross misdemeanor charges in Elko. But if the court cases do not resolve in EJC, they will get bound over (transferred) to the Fourth Judicial District Court.
- All protective orders (a.k.a. restraining orders), including TPOs for domestic violence1
- Landlord/tenant disputes and evictions
- Small claims lawsuits (no more than $7,500)
- Civil lawsuits (no more than $10,000)
Note that EJC cases can get appealed to District Court, not Nevada Supreme Court.
2. Is my case information available online?
No. Call the clerk’s office at (775) 738-8403 for the most current docket information.
Currently, arraignments for people with last names starting with A-K are Wednesdays at 8:30 AM in Department A on the main level. For last names starting with L-Z, arraignments are Wednesdays at 1:30 PM in Department B in the basement. And traffic citation arraignments are done on Mondays at 8:30 AM – go to the clerks office by following the blue footprints.
3. Can I pay fines online?
Yes. Go to the EJC website. The website accepts Visa, MasterCard, and Discover.
Otherwise, people may make payments over the phone at (775) 738-8403.
Finally, people can pay in person or by mail at:
Elko Justice Court
PO Box 176
Elko, NV 89801
Acceptable forms of payment are:
- Cash (only in person)
- Check
- Money Order
- Cashier’s Check
- Visa, MasterCard, or Discover credit or debit cards
4. What if I cannot make a fine payment?
Contact the clerk at (775) 738-8403 to ask for a continuance. Alternatively, the judge may agree to let defendants perform community service instead. One hour of work equals $10. But the judge must give permission before the defendant can do community service in lieu of paying fines.
5. Will I get a bench warrant if I miss my hearing?
Yes, if it is a criminal matter (though there is a 30-day grace period for missing a traffic appearance). People with an outstanding bench warrant are vulnerable to getting arrested at any time. Therefore, they should contact an Elko criminal defense attorney right away to file a motion to quash the warrant. In many cases, defendants do not have to appear personally at the warrant hearing as long as their attorney is present.
Note that criminal defendants usually never have to appear personally in the courtroom – such as at arraignments – as long as they have an attorney appearing on their behalf. Two exceptions are preliminary hearings and trials.
Missing civil courtroom appearances (such as small claims) may result in the judge handing down a default judgment against the absent party.
6. May I get a public defender?
Defendants facing criminal charges will be appointed a public defender if they cannot afford their own attorney.
7. Where do I park?
There is plenty of free parking across from the courthouse.
8. How should I dress?
Do not wear anything revealing, such as shorts or tank tops. Avoid wearing t-shirts with offensive words or imagery. Shoes are required. And hats and sunglasses must be removed before entering the courtroom.
Due to COVID-19, face coverings are required.
9. Can I carry my weapons with me?
No. Firearms are not allowed in the courthouse. There is a metal detector at the entrance.
10. What if I do not speak English?
You may bring a friend or family member with you to translate. Otherwise, you can call the clerk at (775) 738-8403 to see if they can arrange for an interpreter.
11. Can I seal my criminal records?
Most convictions can be sealed eventually. And dismissed charges may be sealed right away.
Conviction in Nevada | Waiting period for a record seal after the case closes |
---|---|
Misdemeanors (with some exceptions – see below) | 1 year |
Gross misdemeanors, category E felonies, and misdemeanor battery, harassment, stalking, or violation of a protection order | 2 years |
Category D felonies, category C felonies, or category B felonies (with some exceptions – see below) | 5 years |
Misdemeanor DUI and battery domestic violence | 7 years |
Category A felonies, burglary of a residence, and felony crimes of violence | 10 years |
Certain sex crimes, crimes against children, invasion of the home with a deadly weapon, and felony DUI. | Never |
People are advised to hire an attorney to manage the record seal process, which requires extensive paperwork.
12. Elko Municipal Court
Elko Municipal Court has the same address, phone number, and judges as EJC. It has jurisdiction over misdemeanor cases within the incorporated city limits.
Helpful Links
- Elko Justice/Municipal Court official site
- Fee schedule
- Forms
- Elko District Attorney
- Elko Jail (bail)
Legal References
- Justice court to take over review of protective orders, Elko Daily Free Press (March 30, 2017)(“The change allows the 4th Judicial District Court and the family court to focus on other cases and takes some of the burden off of those courts[.]”)