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.”1 In K.J.B. we made the general statement that this amendment eliminated concurrent jurisdiction between the district and justice courts in this state. However, that statement was made in the context of unlawful detainer actions and the question of a statute defining the power of a district court to entertain criminal matters was not before the court in K.J.B. With that in mind, I will turn to the question of whether the statutory construct litigated in this matter is in compliance with Article 6 of the Nevada Constitution.
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 *206173.115 was enacted prior to the amendment to Article 6 should not, at least in my view, change this analysis. Had the legislature determined that the intervening amendment to the Constitution rendered the statute nugatory, it could have effected a repealer at any time since 1978. The continuing existence of the provision simply indicates the will of the legislature that it was unnecessary to repeal NRS 173.115 because there is nothing in that provision that is inconsistent with Article 6, Section 6, as amended. Simply stated, NRS 173.115 clearly and specifically gives the district court jurisdiction over misdemeanors under limited circumstances.
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).