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G. v. Dist. Ct. (State, Dept. of Family Serv.'s) ( 2015 )


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  •                   Court,
    120 Nev. 222
    , 224,
    88 P.3d 840
    , 841 (2004). Petitioner seeks
extraordinary relief from this court in the first instance without first
seeking some form of relief in the district court.   See State ex rel. List v.
Cty. of Douglas,
    90 Nev. 272
    , 276-77,
    524 P.2d 1271
    , 1274 (1974) ("this
court prefers that such an application [for extraordinary relief] be
addressed to the discretion of the appropriate district court" in the first
instance), abrogated on other grounds by Att'y Gen. v. Gypsum Res., LLC,
129 Nev., Adv. Op. 4,
    294 P.3d 404
    , 411 (2013).
There is no indication that petitioner has presented to the
district court in the first instance the issues raised in this petition
including whether the clerk of the district court has a ministerial duty to
file the peremptory challenge, see Bowman v. Eighth Judicial District
Court,
    102 Nev. 474
    , 478,
    728 P.2d 433
    , 435 (1986) (stating that absent
contrary instructions from the court, the clerk has a ministerial duty to
file documents presented in the proper form and has no judicial discretion
to determine a document's propriety), and whether the challenge was
timely under SCR 48.1, see State, Department of Motor Vehicles & Public
Safety v. Eighth Judicial District Court,
    113 Nev. 1338
    , 1341,
    948 P.2d 261
    , 262 (1997) (noting that the original judge retains jurisdiction to
determine whether a peremptory challenge is timely until the clerk
reassigns the case). The district court is in the better position to develop
the factual and legal issues and provide this court with an adequate record
for review.
SUPREME COURT
OF
NEVADA
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Accordingly, because the issues raised in this petition are
more appropriately addressed to the district court in the first instance, we
deny this petition. See Smith v. Eighth Judicial Din. Court,
    107 Nev. 674
    ,
677,
    818 P.2d 849
    , 851 (1991) (stating that a petition for extraordinary
writ relief is purely discretionary with this court).
It is so ORDERED.
ID\
01-A-A-04-2Cr           , J.
Parraguirre
Chsza
Cherry
J.
cc: Hon. Robert Teuton, District Judge, Family Court Division
Aaron Grigsby
Lewis Roca Rothgerber LLP/Las Vegas
Attorney General/Carson City
Legal Aid Center of Southern Nevada, Inc.
Christopher R. Tilman
Clark County District Attorney/Juvenile Division
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
3
(0) 1947A