[Rev. 6/2/2018 2:23:25 PM--2017]
TITLE 1 - STATE JUDICIAL DEPARTMENT
CHAPTER 1 - JUDICIAL DEPARTMENT GENERALLY
GENERAL PROVISIONS
NRS 1.010 Courts of justice.
NRS 1.020 Courts of record.
NRS 1.030 Application of common law in courts.
NRS 1.040 Written proceedings to be in English language; abbreviations and figures.
NRS 1.050 Places of holding court; stipulations of parties.
NRS 1.055 Telephone number of judge to be published in telephone directory.
NRS 1.060 Adjournment on absence of judge.
NRS 1.070 Places of holding court may be changed.
NRS 1.080 Parties to appear at place appointed.
NRS 1.090 Public sittings.
NRS 1.100 Courts, judges and clerks may administer oaths.
NRS 1.113 Acceptance of credit card or debit card for payment of money owed to court; payment of fee for use of credit card or debit card.
NRS 1.115 Recycling of paper and paper products used by courts.
NRS 1.117 Electronic filing, storage and reproduction of documents filed with courts.
NRS 1.120 Judicial days.
NRS 1.130 Nonjudicial days; transaction of judicial business.
NRS 1.140 Courts required to have seals.
NRS 1.150 Clerk of district court to procure seal; form of seal.
NRS 1.170 Custody of seal.
NRS 1.180 Documents to which seal affixed.
NRS 1.190 Impression or electronic reproduction of seal.
NRS 1.200 Original jurisdiction not lost by subsequent legislation.
NRS 1.210 Powers of court respecting conduct of proceedings.
NRS 1.225 Grounds and procedure for disqualifying Supreme Court justices and judges of the Court of Appeals.
NRS 1.230 Grounds for disqualifying judges other than Supreme Court justices or judges of the Court of Appeals.
NRS 1.235 Procedure for disqualifying judges other than Supreme Court justices or judges of the Court of Appeals.
NRS 1.250 Subsequent application for order refused or granted conditionally; contempt and vacation of order.
NRS 1.260 Vacancy not to affect action.
NRS 1.270 No judge or justice of the peace to have partner practicing law.
NRS 1.310 Adjournment or continuance of action or proceeding during legislative session if party or attorney is member of Legislature or President of Senate.
COURT ADMINISTRATOR
NRS 1.320 Office created.
NRS 1.330 Appointment; tenure; salary.
NRS 1.340 Assistants: Appointment; compensation.
NRS 1.350 Private law practice prohibited.
NRS 1.360 Duties.
NRS 1.365 Claims which must be submitted to and processed by Executive Officer of Public Employees’ Retirement Board or Court Administrator.
NRS 1.370 Provision of records and information; unauthorized disclosure.
COMMISSION ON JUDICIAL SELECTION
NRS 1.380 Duties of Court Administrator.
NRS 1.390 Compensation of members and employees.
NRS 1.400 Regulations.
NRS 1.410 Public officers and employees to cooperate with Commission.
COMMISSION ON JUDICIAL DISCIPLINE
General Provisions
NRS 1.425 Definitions.
NRS 1.4253 “Admonish” defined.
NRS 1.4257 “Censure” defined.
NRS 1.426 “Commission” defined.
NRS 1.4263 “Complaint” defined.
NRS 1.4267 “Formal statement of charges” defined.
NRS 1.427 “Incapacitated” defined.
NRS 1.428 “Judge” defined.
NRS 1.4291 “Letter of caution” defined.
NRS 1.4292 “Removal” defined.
NRS 1.4293 “Remove” defined.
NRS 1.4294 “Reprimand” defined.
NRS 1.4295 “Special counsel” defined.
NRS 1.4296 “Suspend” defined.
NRS 1.430 Compensation of members and employees.
NRS 1.440 Jurisdiction of Commission over judges; filing of complaint or action relating to proceeding of Commission; appointment of justices of the peace and municipal judges to Commission.
NRS 1.445 Appointment of alternate members to Commission.
NRS 1.450 Assistants; witnesses; expenses.
NRS 1.460 Public officers and employees to cooperate with Commission; service of process.
NRS 1.462 Proceedings before Commission; applicable rules.
NRS 1.464 Reports: Annual; biennial; contents; confidentiality.
NRS 1.465 Immunity.
Proceedings Concerning Disciplinary Action, Forfeiture of Office or Removal From Office
NRS 1.4653 Circumstances under which judge may be disciplined or retired; forfeiture of office by justice of the peace or municipal judge for failure to attend required instruction.
NRS 1.4654 Notice to justice of the peace or municipal judge of intention to order forfeiture of office; public hearing; appeal.
NRS 1.4655 Commencement of inquiry regarding alleged misconduct or incapacity of judge; time limitation for considering complaints; certain action required.
NRS 1.4656 Certain determinations or findings of Commission to be recorded in minutes of proceedings.
NRS 1.4657 Required actions upon receipt of complaint; letter of caution.
NRS 1.466 Issuance and enforcement of subpoenas.
NRS 1.4663 Appointment of investigator; designation of special counsel; conduct, scope and written report of investigation.
NRS 1.4665 Procedures for allegation of incapacity; informal resolution of complaint relating to incapacity; medical, psychiatric or psychological testing by physician; burden of proof.
NRS 1.4667 Review of report of investigation; letter of caution; judge to respond to complaint under certain circumstances.
NRS 1.467 Finding of whether reasonable probability of grounds for disciplinary action exists required; letter of caution; deferred discipline agreement; procedure when reasonable probability is found to exist.
NRS 1.4673 Hearing on formal statement of charges; procedure; actions after formal hearing on charges.
NRS 1.4675 Circumstances under which a judge may be suspended with or without pay; hearing; appeal.
NRS 1.4677 Forms of discipline.
NRS 1.468 Deferral of formal disciplinary action.
NRS 1.4681 Extension of time limitations on disciplinary action; computation; prima facie evidence of unreasonable delay.
NRS 1.4683 Confidentiality of existence of proceeding and information and materials related to proceeding; issuance of explanatory statements when name of judge subject of complaint is made public; exceptions to confidentiality.
NRS 1.4687 Public access to formal statement of charges and certain other records; open hearings; private deliberative sessions; certain records privileged.
NRS 1.469 Authorized statements by Commission when subject matter becomes public.
NRS 1.4694 Rules to be adopted to provide for disposition of complaint or formal statement of charges.
NRS 1.4695 Rules to be adopted to establish privileged status of certain communications.
INTERPRETERS AND TRANSLATORS
General Provisions
NRS 1.500 Fees of interpreters and translators.
Court Interpreters for Persons Who Speak Language Other Than English
NRS 1.510 Regulations establishing program of certification or registration of interpreters; application for certificate or registration; grounds for disciplinary action. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
NRS 1.510 Regulations establishing program of certification or registration of interpreters; application for certificate or registration; grounds for disciplinary action. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
NRS 1.520 Regulations to carry out program of certification or registration of interpreters; imposition of fees or fines.
NRS 1.530 Committee to advise Court Administrator regarding regulations relating to certification or registration of interpreters.
NRS 1.540 Unlawful acts; civil action or recovery prohibited for certain violations.
NRS 1.550 Statement concerning obligation for child support required for issuance or renewal of certificate or registration. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
NRS 1.560 Suspension of certificate or registration; reinstatement of suspended certificate or registration. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
NRS 1.570 Renewal of certificate or registration: Application to include information relating to state business license; denial of renewal for unpaid debt assigned to State Controller for collection.
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GENERAL PROVISIONS
NRS 1.010 Courts of justice. The following shall be the courts of justice for this State:
1. The Supreme Court.
2. The Court of Appeals.
3. The district courts.
4. Justice courts.
5. Such municipal courts as may from time to time be established by the Legislature in incorporated cities or towns.
[1:19:1865; B § 910; BH § 2425; C § 2508; RL § 4828; NCL § 8370] — (NRS A 2013, 1709)
NRS 1.020 Courts of record. The following courts are courts of record:
1. The Supreme Court;
2. The Court of Appeals;
3. The district courts;
4. The Justice courts; and
5. The municipal courts:
(a) In any case in which a jury trial is required; or
(b) If so designated pursuant to NRS 5.010.
[41:19:1865; B § 946; BH § 2460; C § 2541; RL § 4861; NCL § 8403] — (NRS A 1979, 1512; 1987, 1786; 1991, 160; 2013, 1709)
NRS 1.030 Application of common law in courts. The common law of England, so far as it is not repugnant to or in conflict with the Constitution and laws of the United States, or the Constitution and laws of this State, shall be the rule of decision in all the courts of this State.
[1911 CPA § 532; RL § 5474; NCL § 9021]
NRS 1.040 Written proceedings to be in English language; abbreviations and figures. Every written proceeding in a court of justice in this State, or before a judicial officer, shall be in the English language; but such abbreviations as are now commonly used in that language may be used, and numbers may be expressed by figures or numerals, in the customary manner.
[65:19:1865; B § 970; BH § 2484; C § 2565; RL § 4885; NCL § 8427]
NRS 1.050 Places of holding court; stipulations of parties.
1. Except as otherwise provided in NRS 3.100, the District Court in and for Carson City shall sit at Carson City.
2. Except as provided in subsection 5 or NRS 3.100, every other court of justice, except justice or municipal court, shall sit at the county seat of the county in which it is held.
3. Justice courts must be held in their respective townships, precincts or cities, except that a justice court may also be held:
(a) In a court or other facility used by any other justice court located within the same county, with the consent of the justice of the peace who presides over that court or other facility.
(b) With the approval of the court, in any county or city jail or detention facility where a person whose offense or alleged offense which is subject to the jurisdiction of the court is customarily held in custody.
4. Municipal courts must be held in their respective cities, except that a municipal court may also be held, with the approval of the court, in any county or city jail or detention facility where a person whose offense or alleged offense which is subject to the jurisdiction of the court is customarily held in custody.
5. The parties to an action in any court may stipulate, with the approval of the court, that the action may be tried, or any proceeding related to the action may be had, before that court at any other place in this State where court is regularly held.
[51:19:1865; B § 956; BH § 2470; C § 2551; RL § 4871; NCL § 8413] — (NRS A 1969, 312, 591; 1999, 2575; 2015, 979)
NRS 1.055 Telephone number of judge to be published in telephone directory. A judge of any court of justice for this State shall cause the telephone number of his or her office that is located within the court to be published in the telephone directory that is provided to the public in the jurisdiction in which the court is located.
(Added to NRS by 1997, 226)
NRS 1.060 Adjournment on absence of judge. If no judge attends on the day appointed, or to which court may have been adjourned before 12 m., the sheriff or clerk shall adjourn the court until the next day at 10 a.m., and if no judge attends on that day before 12 m., the sheriff or clerk shall adjourn the court until the following day at the same hour; and so on, from day to day unless the judge, while in or out of the State, by letter or telegram, orders it to be adjourned to some day certain, fixed in the order, in which case it shall be so adjourned.
[52:19:1865; A 1869, 136; 1881, 165; BH § 2471; C § 2553; RL § 4872; NCL § 8414]
NRS 1.070 Places of holding court may be changed. A judge authorized to hold or preside at a court appointed to be held in a city, precinct or town, may, by an order filed with the county clerk and published as he or she may prescribe, direct that the court be held or continued at any other place in the city or county than that appointed, when war, pestilence, or other public calamity, or the dangers thereof, or the destruction of the building appointed for holding the court, may render it necessary; and may, in the same manner, revoke the order and, in his or her discretion, appoint another place in the same city or county for holding the court.
[53:19:1865; B § 958; BH § 2472; C § 2553; RL § 4873; NCL § 8415]
NRS 1.080 Parties to appear at place appointed. When the court is held at a place appointed as provided in NRS 1.070, every person held to appear at the court shall appear at the place so appointed.
[54:19:1865; B § 959; BH § 2473; C § 2554; RL § 4874; NCL § 8416]
NRS 1.090 Public sittings. The sitting of every court of justice shall be public except as otherwise provided by law; but the judge of any court may exclude any minor during any criminal trial therein except such minor be on trial, or when testifying as a witness, or when the minor shall be a law student preparing to apply for a license to practice law.
[42:19:1865; A 1927, 138; NCL § 8404]
NRS 1.100 Courts, judges and clerks may administer oaths. Every court of this state and every justice, judge or clerk of any court shall have power to administer oaths or affirmations.
[Part 1911 CPA § 541; RL § 5483; NCL § 9030]
NRS 1.113 Acceptance of credit card or debit card for payment of money owed to court; payment of fee for use of credit card or debit card.
1. A court in this State may enter into contracts with issuers of credit cards or debit cards to provide for the acceptance of credit cards or debit cards by the court for the payment of money owed to the court for a fee, fine, administrative assessment, restitution or any other charge owed to the court.
2. If the issuer charges the court a fee for each use of a credit card or debit card, the court may require the cardholder to pay a convenience fee. The total convenience fees charged by the court in a fiscal year must not exceed the total amount of fees charged to the court by the issuer in that fiscal year.
3. As used in this section:
(a) “Cardholder” means the person or organization named on the face of a credit card or debit card to whom or for whose benefit the credit card or debit card is issued by an issuer.
(b) “Convenience fee” means a fee paid by a cardholder to a court for the convenience of using a credit card or debit card to make a payment to the court.
(c) “Credit card” means any instrument or device, whether known as a credit card or credit plate, or by any other name, issued with or without a fee by an issuer for the use of the cardholder in obtaining money, property, goods, services or anything else of value on credit.
(d) “Debit card” means any instrument or device, whether known as a debit card or by any other name, issued with or without a fee by an issuer for the use of the cardholder in depositing, obtaining or transferring funds.
(e) “Issuer” means a business organization, financial institution or authorized agent of a business organization or financial institution that issues a credit card or debit card.
(Added to NRS by 1999, 70; A 2009, 1573)
NRS 1.115 Recycling of paper and paper products used by courts.
1. Except as otherwise provided in this section, each court of justice for this State shall recycle or cause to be recycled, to the extent reasonably possible, the paper and paper products it uses. This subsection does not apply to confidential documents if there is an additional cost for recycling those documents.
2. As used in this section:
(a) “Paper” includes newspaper, high-grade office paper, fine paper, bond paper, offset paper, xerographic paper, mimeo paper, duplicator paper and any other cellulosic material which contains not more than 10 percent by weight or volume of a noncellulosic material, including, but not limited to, a laminate, binder, coating and saturant.
(b) “Paper product” means any paper article or commodity, including, but not limited to, paper napkins, towels, cardboard, construction material, paper and any other cellulosic material which contains not more than 10 percent by weight or volume of a noncellulosic material, including, but not limited to, a laminate, binder, coating and saturant.
(Added to NRS by 1991, 905; A 1999, 3181; 2013, 1709; 2015, 2548)
NRS 1.117 Electronic filing, storage and reproduction of documents filed with courts.
1. The Supreme Court may adopt rules not inconsistent with the laws of this State to provide for the electronic filing, storage and reproduction of documents filed with the courts of justice.
2. If the Supreme Court adopts such rules, each court of justice may provide for the electronic filing, storage and reproduction of documents filed with the court in accordance with those rules.
(Added to NRS by 1999, 1141)
NRS 1.120 Judicial days. The courts of justice may be held, and judicial business may be transacted, on any day except as provided in NRS 1.130.
[49:19:1865; B § 954; BH § 2468; C § 2549; RL § 4869; NCL § 8411]
NRS 1.130 Nonjudicial days; transaction of judicial business.
1. No court except a justice court or a municipal court shall be opened nor shall any judicial business be transacted except by a justice court or municipal court on Sunday, or on any day declared to be a legal holiday according to the provisions of NRS 236.015, except for the following purposes:
(a) To give, upon their request, instructions to a jury then deliberating on their verdict.
(b) To receive a verdict or discharge a jury.
(c) For the exercise of the power of a magistrate in a criminal action or in a proceeding of a criminal nature.
(d) To receive communications by telephone and for the issuance of a temporary order pursuant to subsection 7 of NRS 33.020.
(e) For the issue of a writ of attachment, which may be issued on each and all of the days above enumerated upon the plaintiff, or some person on behalf of the plaintiff, setting forth in the affidavit required by law for obtaining the writ the additional averment as follows:
That the affiant has good reason to believe, and does believe, that it will be too late for the purpose of acquiring a lien by the writ to wait until subsequent day for the issuance of the same.
All proceedings instituted, and all writs issued, and all official acts done on any of the days above specified, under and by virtue of this section, shall have all the validity, force and effect of proceedings commenced on other days, whether a lien be obtained or a levy made under and by virtue of the writ.
2. Nothing herein contained shall affect private transactions of any nature whatsoever.
[50:19:1865; A 1866, 53; 1883, 90; 1891, 20; 1903, 88; 1911, 22; 1913, 61; 1919, 415; 1927, 75; NCL § 8412] — (NRS A 1957, 240; 1967, 103; 1969, 258, 561; 1971, 588; 2003, 392; 2017, 1218)
NRS 1.140 Courts required to have seals. The Supreme Court, the Court of Appeals, the district courts, the justice courts and those municipal courts designated as courts of record pursuant to NRS 5.010 shall have a seal.
[55:19:1865; B § 960; BH § 2474; C § 2555; RL § 4875; NCL § 8417] — (NRS A 1987, 122; 1991, 160; 2013, 1710)
NRS 1.150 Clerk of district court to procure seal; form of seal. The several district courts for which separate seals have not been provided heretofore, or the respective judges thereof, by an order in writing filed with the respective clerks of such courts, shall direct such clerks to procure such seals, which seals shall have the following inscriptions surrounding the same. “District Court, ........................ District, County of ........................ (or Carson City),” inserting the number of the district and the name of the county. Any such order that may have been made by any judge of a district court shall have the same effect as if it had been made in open court.
[56:19:1865; A 1879, 36; BH § 2475; C § 2556; RL § 4876; NCL § 8418] — (NRS A 1969, 312)
NRS 1.170 Custody of seal. The clerk of each court, or the:
1. Deputy clerk;
2. Justice of the peace if a deputy clerk has not been appointed for the justice court; or
3. Judge of a municipal court designated as a court of record pursuant to NRS 5.010 if a deputy clerk has not been appointed for that court,
Ê shall keep the seal of the court.
[58:19:1865; B § 963; BH § 2477; C § 2558; RL § 4878; NCL § 8420] — (NRS A 1987, 122; 1991, 160)
NRS 1.180 Documents to which seal affixed. The seal of the court need not be affixed to any proceedings therein except:
1. To a summons, writ or commission to take testimony.
2. To the proof of a will, or the appointment of an executor, administrator or guardian.
3. To the authentication of a copy of a record or other proceeding of the court or an officer thereof.
4. To certificate of acknowledgment and all final process.
[59:19:1865; B § 964; BH § 2478; C § 2559; RL § 4879; NCL § 8421]
NRS 1.190 Impression or electronic reproduction of seal.
1. The seal of a court may be affixed by:
(a) Impressing the seal on a document or on a substance attached to a document and capable of receiving the impression; or
(b) Electronically reproducing the seal on a document in accordance with the provisions of subsection 2.
2. Each court that uses an electronically reproduced seal shall reproduce the seal of the court in accordance with:
(a) Any electronic filing rules adopted by the Supreme Court that govern the electronic filing process in all the courts of this State;
(b) Any rules adopted by the Supreme Court which are intended to help safeguard a document from being changed after the electronic seal is affixed and to reduce the likelihood of the electronic seal being reproduced without authorization; and
(c) Any local rules of practice adopted by the court which establish the specific procedure to implement the electronic reproduction of the seal and which are consistent with any electronic filing rules adopted by the Supreme Court and any rules adopted by the Supreme Court pursuant to paragraph (b).
3. A seal that is electronically reproduced pursuant to subsection 1 has the same legal effect as a seal that is impressed pursuant to subsection 1.
[60:19:1865; B § 965; BH § 2479; C § 2560; RL § 4880; NCL § 8422] — (NRS A 2011, 709)
NRS 1.200 Original jurisdiction not lost by subsequent legislation.
1. The court having acquired jurisdiction of an action shall not lose such jurisdiction by reason of any subsequent amendment or repeal of the law under which such jurisdiction was acquired unless such amendment or repealing act shall expressly provide that such jurisdiction is terminated, and such action shall proceed to final determination the same as though there had been no such amendment or repeal.
2. Nothing in this section shall be deemed to apply to amendments or repeals affecting mere matters of procedure.
[1:41:1921; NCL § 8428]
NRS 1.210 Powers of court respecting conduct of proceedings. Every court shall have power:
1. To preserve and enforce order in its immediate presence.
2. To enforce order in the proceedings before it, or before a person or persons empowered to conduct a judicial investigation under its authority.
3. To compel obedience to its lawful judgments, orders and process, and to the lawful orders of its judge out of court in an action or proceeding pending therein.
4. To control, in furtherance of justice, the conduct of its ministerial officers.
[44:19:1865; B § 949; BH § 2463; C § 2544; RL § 4864; NCL § 8406]
NRS 1.225 Grounds and procedure for disqualifying Supreme Court justices and judges of the Court of Appeals.
1. A justice of the Supreme Court or a judge of the Court of Appeals shall not act as such in an action or proceeding when the justice or the judge entertains actual bias or prejudice for or against one of the parties to the action.
2. A justice of the Supreme Court or a judge of the Court of Appeals shall not act as such in an action or proceeding when implied bias exists in any of the following respects:
(a) When the justice or the judge is a party to or interested in the action or proceeding.
(b) When the justice or the judge is related to either party by consanguinity or affinity within the third degree.
(c) When the justice or the judge has been attorney or counsel for either of the parties in the particular action or proceeding before the court.
(d) When the justice or the judge is related to an attorney or counselor for either of the parties by consanguinity or affinity within the third degree.
3. A justice of the Supreme Court or a judge of the Court of Appeals, upon his or her own motion, may disqualify himself or herself from acting in any matter upon the ground of actual or implied bias.
4. Any party to an action or proceeding seeking to disqualify a justice of the Supreme Court or a judge of the Court of Appeals for actual or implied bias shall file a charge in writing, specifying the facts upon which such disqualification is sought. Hearing on such charge shall be had before the other justices of the Supreme Court or, if the charge concerns a judge of the Court of Appeals, the justices of the Supreme Court.
5. Upon the disqualification of:
(a) A justice of the Supreme Court pursuant to this section, a judge of the Court of Appeals or a district judge shall be designated to sit in place of the justice as provided in Section 4 of Article 6 of the Constitution of the State of Nevada.
(b) A judge of the Court of Appeals pursuant to this section, a district judge shall be designated to sit in place of the judge as provided in Section 4 of Article 6 of the Nevada Constitution.
6. No person shall be punished for contempt for making, filing or presenting a charge for disqualification pursuant to subsection 4.
(Added to NRS by 1957, 521; A 2013, 1710)
NRS 1.230 Grounds for disqualifying judges other than Supreme Court justices or judges of the Court of Appeals.
1. A judge shall not act as such in an action or proceeding when the judge entertains actual bias or prejudice for or against one of the parties to the action.
2. A judge shall not act as such in an action or proceeding when implied bias exists in any of the following respects:
(a) When the judge is a party to or interested in the action or proceeding.
(b) When the judge is related to either party by consanguinity or affinity within the third degree.
(c) When the judge has been attorney or counsel for either of the parties in the particular action or proceeding before the court.
(d) When the judge is related to an attorney or counselor for either of the parties by consanguinity or affinity within the third degree. This paragraph does not apply to the presentation of ex parte or uncontested matters, except in fixing fees for an attorney so related to the judge.
3. A judge, upon the judge’s own motion, may disqualify himself or herself from acting in any matter upon the ground of actual or implied bias.
4. A judge or court shall not punish for contempt any person who proceeds under the provisions of this chapter for a change of judge in a case.
5. This section does not apply to the arrangement of the calendar or the regulation of the order of business.
[45:19:1865; A 1907, 25; 1927, 108; 1931, 247; 1937, 214; 1939, 255; 1931 NCL § 8407] + [45a:19:1865; added 1931, 247; 1931 NCL § 8407.01] — (NRS A 1957, 69; 1965, 551; 1969, 351; 1975, 608; 1977, 765)
NRS 1.235 Procedure for disqualifying judges other than Supreme Court justices or judges of the Court of Appeals.
1. Any party to an action or proceeding pending in any court other than the Supreme Court or the Court of Appeals, who seeks to disqualify a judge for actual or implied bias or prejudice must file an affidavit specifying the facts upon which the disqualification is sought. The affidavit of a party represented by an attorney must be accompanied by a certificate of the attorney of record that the affidavit is filed in good faith and not interposed for delay. Except as otherwise provided in subsections 2 and 3, the affidavit must be filed:
(a) Not less than 20 days before the date set for trial or hearing of the case; or
(b) Not less than 3 days before the date set for the hearing of any pretrial matter.
2. Except as otherwise provided in this subsection and subsection 3, if a case is not assigned to a judge before the time required under subsection 1 for filing the affidavit, the affidavit must be filed:
(a) Within 10 days after the party or the party’s attorney is notified that the case has been assigned to a judge;
(b) Before the hearing of any pretrial matter; or
(c) Before the jury is empaneled, evidence taken or any ruling made in the trial or hearing,
Ê whichever occurs first. If the facts upon which disqualification of the judge is sought are not known to the party before the party is notified of the assignment of the judge or before any pretrial hearing is held, the affidavit may be filed not later than the commencement of the trial or hearing of the case.
3. If a case is reassigned to a new judge and the time for filing the affidavit under subsection 1 and paragraph (a) of subsection 2 has expired, the parties have 10 days after notice of the new assignment within which to file the affidavit, and the trial or hearing of the case must be rescheduled for a date after the expiration of the 10-day period unless the parties stipulate to an earlier date.
4. At the time the affidavit is filed, a copy must be served upon the judge sought to be disqualified. Service must be made by delivering the copy to the judge personally or by leaving it at the judge’s chambers with some person of suitable age and discretion employed therein.
5. Except as otherwise provided in subsection 6, the judge against whom an affidavit alleging bias or prejudice is filed shall proceed no further with the matter and shall:
(a) If the judge is a district judge, immediately transfer the case to another department of the court, if there is more than one department of the court in the district, or request the judge of another district court to preside at the trial or hearing of the matter;
(b) If the judge is a justice of the peace, immediately arrange for another justice of the peace to preside at the trial or hearing of the matter as provided pursuant to NRS 4.032, 4.340 or 4.345, as applicable; or
(c) If the judge is a municipal judge, immediately arrange for another municipal judge to preside at the trial or hearing of the matter as provided pursuant to NRS 5.023 or 5.024, as applicable.
6. A judge may challenge an affidavit alleging bias or prejudice by filing a written answer with the clerk of the court within 5 judicial days after the affidavit is filed, admitting or denying any or all of the allegations contained in the affidavit and setting forth any additional facts which bear on the question of the judge’s disqualification. The question of the judge’s disqualification must thereupon be heard and determined by another judge agreed upon by the parties or, if they are unable to agree, by a judge appointed:
(a) If the judge is a district judge, by the presiding judge of the judicial district in judicial districts having more than one judge, or if the presiding judge of the judicial district is sought to be disqualified, by the judge having the greatest number of years of service;
(b) If the judge is a justice of the peace, by the presiding judge of the justice court in justice courts having more than one justice of the peace, or if the presiding judge is sought to be disqualified, by the justice of the peace having the greatest number of years of service;
(c) If the judge is a municipal judge, by the presiding judge of the municipal court in municipal courts having more than one municipal judge, or if the presiding judge is sought to be disqualified, by the municipal judge having the greatest number of years of service; or
(d) If there is no presiding judge, by the Supreme Court.
(Added to NRS by 1977, 767; A 1979, 59, 393; 1981, 319, 872; 2011, 9; 2013, 1711; 2017, 272)
NRS 1.250 Subsequent application for order refused or granted conditionally; contempt and vacation of order.
1. If an application for an order made to a judge of a court in which the action or proceeding is pending be refused, in whole or in part, or be granted conditionally, no subsequent application for the same order shall be made to any other judge except of a higher court.
2. Nothing in this section shall be so construed as to apply to motions refused for any informality in the papers or proceedings necessary to obtain an order.
3. A violation of this section may be punished as a contempt; and an order made contrary thereto may be revoked by the judge who made it, or vacated by a judge of the court in which the action or proceeding is pending.
[61:19:1865; B § 966; BH § 2480; C § 2561; RL § 4881; NCL § 8423] + [62:19:1865; B § 967; BH § 2481; C § 2562; RL § 4882; NCL § 8424]
NRS 1.260 Vacancy not to affect action. No action or proceeding in a court of justice shall be affected by a vacancy in the office of all or any of the judges, or by the failure of a term thereof.
[64:19:1865; B § 969; BH § 2483; C § 2564; RL § 4884; NCL § 8426]
NRS 1.270 No judge or justice of the peace to have partner practicing law. No judge or justice of the peace shall have a partner acting as attorney or counsel in any court in this State.
[47:19:1865; B § 952; BH § 2466; C § 2547; RL § 4867; NCL § 8409]
NRS 1.310 Adjournment or continuance of action or proceeding during legislative session if party or attorney is member of Legislature or President of Senate.
1. If a party to any action or proceeding in any court or before any administrative body is a member of the Legislature of the State of Nevada, or is President of the Senate, that fact is sufficient cause for the adjournment or continuance of the action or proceeding, including, without limitation, any discovery or other pretrial or posttrial matter involved in the action or proceeding, for the duration of any legislative session.
2. If an attorney for a party to any action or proceeding in any court or before any administrative body, who was actually employed before the commencement of any legislative session, is a member of the Legislature of the State of Nevada, or is President of the Senate, that fact is sufficient cause for the adjournment or continuance of the action or proceeding, including, without limitation, any discovery or other pretrial or posttrial matter involved in the action or proceeding, for the duration of any legislative session.
3. The adjournment or continuance provided for in subsections 1 and 2 must be granted without the imposition of terms.
(Added to NRS by 1960, 365; A 1963, 313; 2001, 481)
COURT ADMINISTRATOR
NRS 1.320 Office created. There is hereby created the office of Court Administrator.
(Added to NRS by 1971, 1996)
NRS 1.330 Appointment; tenure; salary. The Court Administrator shall:
1. Be appointed by the Supreme Court and shall serve at the pleasure of the Court.
2. Receive an annual salary set by the Supreme Court within the limits of legislative appropriations.
(Added to NRS by 1971, 1996; A 1977, 450)
NRS 1.340 Assistants: Appointment; compensation. The Court Administrator, with the approval of the Supreme Court, may appoint and fix the compensation of such assistants as are necessary to enable the Court Administrator to perform the duties required by NRS 1.320 to 1.370, inclusive.
(Added to NRS by 1971, 1996; A 1989, 328)
NRS 1.350 Private law practice prohibited. During the Court Administrator’s term of office neither the Court Administrator nor any of his or her assistants may engage directly or indirectly in the private practice of law.
(Added to NRS by 1971, 1996)
NRS 1.360 Duties. Under the direction of the Supreme Court, the Court Administrator shall:
1. Examine the administrative procedures employed in the offices of the judges, clerks, court reporters and employees of all courts of this State and make recommendations, through the Chief Justice, for the improvement of those procedures;
2. Examine the condition of the dockets of the courts and determine the need for assistance by any court;
3. Make recommendations to and carry out the directions of the Chief Justice relating to the assignment of district judges where district courts are in need of assistance;
4. Develop a uniform system for collecting and compiling statistics and other data regarding the operation of the State Court System and transmit that information to the Supreme Court so that proper action may be taken in respect thereto;
5. Prepare and submit a budget of state appropriations necessary for the maintenance and operation of the State Court System and make recommendations in respect thereto;
6. Develop procedures for accounting, internal auditing, procurement and disbursement for the State Court System;
7. Collect statistical and other data and make reports relating to the expenditure of all public money for the maintenance and operation of the State Court System and the offices connected therewith;
8. Compile statistics from the information required to be maintained by the clerks of the district courts pursuant to NRS 3.275 regarding criminal and civil cases and make reports as to the cases filed in the district courts;
9. Formulate and submit to the Supreme Court recommendations of policies or proposed legislation for the improvement of the State Court System;
10. On or before January 1 of each year, submit to the Director of the Legislative Counsel Bureau a written report:
(a) Compiling the information submitted to the Court Administrator pursuant to NRS 3.243, 4.175 and 5.045 during the immediately preceding fiscal year; and
(b) Concerning:
(1) The distribution of money deposited in the special account created by NRS 176.0613 to assist with funding and establishing specialty court programs;
(2) The current status of any specialty court programs to which money from the account was allocated since the last report;
(3) Statistics compiled from information required to be maintained by clerks of the district courts pursuant to NRS 3.275 concerning specialty courts, including, without limitation, the number of participants in such programs, the nature of the criminal charges that were filed against participants, the number of participants who have completed the programs and the disposition of the cases; and
(4) Such other related information as the Court Administrator deems appropriate; and
11. Attend to such other matters as may be assigned by the Supreme Court or prescribed by law.
(Added to NRS by 1971, 1996; A 1977, 450; 1987, 630; 1999, 705; 2002 Special Session, 11; 2003, 2106; 2005, 535; 2007, 1744; 2009, 1352; 2015, 2759)
NRS 1.365 Claims which must be submitted to and processed by Executive Officer of Public Employees’ Retirement Board or Court Administrator.
1. All of the following claims must be submitted to the Executive Officer of the Public Employees’ Retirement Board who shall process the claims:
(a) Claims of justices of the Supreme Court pursuant to NRS 2.060.
(b) Claims of judges of the Court of Appeals pursuant to NRS 2A.100.
(c) Claims pursuant to NRS 2A.120 and 2A.140.
(d) Claims pursuant to NRS 2.070 and 2.079.
(e) Claims of judges of the district courts pursuant to NRS 3.090.
(f) Claims pursuant to NRS 3.095 and 3.098.
2. The following claims must be submitted to the Court Administrator, who shall act as Administrative Officer in processing the claims:
(a) Claims of justices of the Supreme Court under NRS 2.050.
(b) Claims of judges of the Court of Appeals under NRS 2A.080.
(c) Claims of judges of the district courts under NRS 3.030.
(Added to NRS by 1989, 328; A 2001, 1292; 2001 Special Session, 87; 2013, 1712)
NRS 1.370 Provision of records and information; unauthorized disclosure.
1. All judges, clerks and employees of the district courts, justice courts and municipal courts shall provide the Court Administrator with any records, papers or other information that the Court Administrator may require and shall cooperate with the Court Administrator in every possible manner in order to effectuate the purposes of NRS 1.320 to 1.370, inclusive.
2. Subsection 1 does not authorize disclosure by the Court Administrator of records and papers not otherwise open to public inspection.
(Added to NRS by 1971, 1997; A 1989, 328)
COMMISSION ON JUDICIAL SELECTION
NRS 1.380 Duties of Court Administrator. The Court Administrator shall serve as secretary, prepare the budget and manage the fiscal affairs of the Commission on Judicial Selection.
(Added to NRS by 1977, 411)
NRS 1.390 Compensation of members and employees.
1. Each member of the Commission on Judicial Selection who is not a judicial officer is entitled to receive a salary of not more than $80, as fixed by the Commission, for each day’s attendance at each meeting of the Commission.
2. While engaged in the business of the Commission, each member and employee of the Commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
(Added to NRS by 1977, 410; A 1985, 393; 1989, 1707; 1999, 1203)
NRS 1.400 Regulations. The Commission on Judicial Selection may adopt regulations for the operation of the Commission and for maintaining the confidentiality of its proceedings and records.
(Added to NRS by 1977, 410)
NRS 1.410 Public officers and employees to cooperate with Commission. All public officers and employees of the State, its agencies and political subdivisions and all officers of the court shall cooperate with the Commission on Judicial Selection in any lawful investigation or proceeding of the Commission and furnish information and reasonable assistance to the Commission or its authorized representative.
(Added to NRS by 1977, 410)
COMMISSION ON JUDICIAL DISCIPLINE
General Provisions
NRS 1.425 Definitions. As used in NRS 1.425 to 1.4695, inclusive, unless the context otherwise requires, the words and terms defined in NRS 1.4253 to 1.4296, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1995, 800; A 1997, 1094; 2009, 1338; 2015, 950; 2017, 339)
NRS 1.4253 “Admonish” defined. “Admonish” means to issue a written expression of disapproval of a judge for one or more violations of the Nevada Code of Judicial Conduct by the judge as described in NRS 1.4653. The expression of disapproval may include a warning to the judge to avoid similar conduct in the future.
(Added to NRS by 2009, 1336)
NRS 1.4257 “Censure” defined. “Censure” means to issue a formal, written condemnation of a judge for one or more violations of the Nevada Code of Judicial Conduct by the judge as described in NRS 1.4653 that do not require the removal or barring of the judge from office because there are substantial mitigating factors.
(Added to NRS by 2009, 1336)
NRS 1.426 “Commission” defined. “Commission” means the Commission on Judicial Discipline.
(Added to NRS by 1997, 1087)
NRS 1.4263 “Complaint” defined. “Complaint” means information in any form and from any source that alleges or implies judicial misconduct or incapacity.
(Added to NRS by 2009, 1336)
NRS 1.4267 “Formal statement of charges” defined. “Formal statement of charges” means a document setting forth the specific acts of judicial misconduct or incapacity, including any amendment thereto.
(Added to NRS by 2009, 1336)
NRS 1.427 “Incapacitated” defined. “Incapacitated” means unable to perform the duties of office because of advanced age or mental or physical disability.
(Added to NRS by 1997, 1087; A 2009, 1338)
NRS 1.428 “Judge” defined. “Judge” means:
1. A justice of the Supreme Court;
2. A judge of the Court of Appeals;
3. A judge of the district court;
4. A judge of the municipal court;
5. A justice of the peace;
6. Any other officer of the Judicial Branch of this State, whether or not the officer is an attorney, who presides over judicial proceedings, including, but not limited to, a magistrate, court commissioner, special master or referee; and
7. Any person who formerly served in any of the positions described in subsections 1 to 6, inclusive, if the conduct at issue for purposes of NRS 1.425 to 1.4695, inclusive, occurred while the person was serving in such a position.
(Added to NRS by 1997, 1087; A 2009, 1338; 2013, 1712; 2015, 950)
NRS 1.4291 “Letter of caution” defined. “Letter of caution” means a private, written communication to a judge to:
1. Remind the judge of ethical responsibilities;
2. Warn the judge to avoid similar conduct in the future; or
3. Disapprove of conduct that may create the appearance of impropriety.
(Added to NRS by 2009, 1336)
NRS 1.4292 “Removal” defined. “Removal” means a decision issued by the Commission to require a judge to permanently leave his or her judicial office for conduct described in NRS 1.4653.
(Added to NRS by 2009, 1336)
NRS 1.4293 “Remove” defined. “Remove” means to require a judge to permanently leave his or her judicial office for conduct described in NRS 1.4653.
(Added to NRS by 2009, 1336)
NRS 1.4294 “Reprimand” defined. “Reprimand” means a severe, written reproof for one or more violations of the Nevada Code of Judicial Conduct by a judge as described in NRS 1.4677.
(Added to NRS by 2009, 1336)
NRS 1.4295 “Special counsel” defined. “Special counsel” means the attorney designated by the Commission to:
1. Present evidence at a hearing to suspend a judge held pursuant to NRS 1.4675;
2. File and prosecute a formal statement of charges; and
3. Perform other tasks, as directed by the Commission, pursuant to a designation authorized by NRS 1.4663.
(Added to NRS by 2009, 1336)
NRS 1.4296 “Suspend” defined. “Suspend” means a decision issued by the Commission to require a judge to temporarily leave his or her office for conduct described in NRS 1.4675.
(Added to NRS by 2009, 1336)
NRS 1.430 Compensation of members and employees.
1. Each member of the Commission who is not a judicial officer is entitled to receive a salary of not more than $80, as fixed by the Commission, for each day’s attendance at each meeting of the Commission.
2. While engaged in the business of the Commission, each member and employee of the Commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
(Added to NRS by 1977, 637; A 1985, 128, 393; 1989, 1707)
NRS 1.440 Jurisdiction of Commission over judges; filing of complaint or action relating to proceeding of Commission; appointment of justices of the peace and municipal judges to Commission.
1. The Commission has exclusive jurisdiction over the public censure, removal, involuntary retirement and other discipline of judges which is coextensive with its jurisdiction over justices of the Supreme Court and must be exercised in the same manner and under the same rules.
2. Any complaint or action, including, without limitation, an interlocutory action or appeal, filed in connection with any proceeding of the Commission must be filed in the Supreme Court. Any such complaint or action filed in a court other than the Supreme Court shall be presumed to be frivolous and intended solely for the purposes of delay.
3. The Supreme Court shall appoint two justices of the peace and two municipal judges to sit on the Commission for formal, public proceedings against a justice of the peace or a municipal judge, respectively. Justices of the peace and municipal judges so appointed must be designated by an order of the Supreme Court to sit for such proceedings in place of and to serve for the same terms as the regular members of the Commission appointed by the Supreme Court.
(Added to NRS by 1977, 936; A 1983, 108; 1995, 800; 1997, 1094; 2005, 305; 2009, 1338; 2015, 951)
NRS 1.445 Appointment of alternate members to Commission.
1. Each appointing authority shall appoint for each position for which the authority makes an appointment to the Commission one or more alternate members. The Governor shall not appoint more than two alternate members of the same political party. An alternate member must not be a member of the Commission on Judicial Selection.
2. An alternate member shall serve:
(a) When the appointed member is disqualified or unable to serve; or
(b) When a vacancy exists.
(Added to NRS by 2009, 1336; A 2015, 951)
NRS 1.450 Assistants; witnesses; expenses. The Commission may:
1. Within the amount of money appropriated by the Legislature for this purpose, employ and compensate as an employee or contract with as an independent contractor:
(a) One or more persons to prepare the budget and manage the fiscal affairs of the Commission and perform other duties relating to the administration of the affairs of the Commission as the Commission directs; and
(b) Attorneys, accountants, investigators, reporters, physicians, technical experts and other necessary persons.
2. Provide for the attendance and compensation of witnesses.
3. Pay from available funds all necessary expenses incurred by the Commission.
(Added to NRS by 1977, 637; A 1981, 378; 1995, 800)
NRS 1.460 Public officers and employees to cooperate with Commission; service of process.
1. All public officers and employees of the State, its agencies and political subdivisions and all officers of the court shall cooperate with the Commission in any lawful investigation or proceeding of the Commission and furnish information and reasonable assistance to the Commission or its authorized representative.
2. All sheriffs, marshals, police officers and constables shall, upon request of the Commission or its authorized representative, serve process on behalf of and execute all lawful orders of the Commission.
(Added to NRS by 1977, 637; A 1995, 800)
NRS 1.462 Proceedings before Commission; applicable rules.
1. Proceedings before the Commission are civil matters designed to preserve an independent and honorable judiciary.
2. Except as otherwise provided in NRS 1.425 to 1.4695, inclusive, or in the procedural rules adopted by the Commission, after a formal statement of charges has been filed, the Nevada Rules of Civil Procedure apply.
(Added to NRS by 2009, 1336)
NRS 1.464 Reports: Annual; biennial; contents; confidentiality.
1. On or before September 30 of each year, the Commission shall prepare an annual report summarizing the activities of the Commission during the preceding fiscal year. The annual report must include, without limitation, statistical information concerning the period for disposition of complaints and the length of time that proceedings have been pending before the Commission, and a statement of the budget and expenses of the Commission. The annual report must be made available to the public.
2. On or before September 30 of each odd-numbered year, the Commission shall prepare a biennial report summarizing the activities of the Commission during the preceding 2 fiscal years. The biennial report must include, without limitation, statistical information concerning the period for disposition of complaints and the length of time that proceedings have been pending before the Commission, and a statement of the budget and expenses of the Commission. The Commission shall file a copy of the biennial report with the Governor, the Majority Leader of the Senate, the Speaker of the Assembly, the Chief Justice of the Supreme Court of Nevada, the Chair of the Senate Standing Committee on Judiciary, the Chair of the Assembly Standing Committee on Judiciary and the State Bar of Nevada. The biennial report must be made available to the public.
3. The information included in the annual and biennial reports prepared pursuant to this section must comply with any and all confidentiality requirements of applicable law and the rules of the Commission adopted pursuant to NRS 1.4695.
(Added to NRS by 2009, 1337)
1. The following persons are absolutely immune from suit for all conduct at any time in the course of their official duties:
(a) Any member who serves on the Commission;
(b) Any person employed by the Commission;
(c) Any independent contractor of the Commission; and
(d) Any person who performs services pursuant to NRS 1.450 or 1.460 for the Commission.
2. Except as otherwise provided in NRS 1.4683, the following persons are absolutely immune from suit unless convicted of committing perjury before the Commission pursuant to NRS 199.120 to 199.200, inclusive:
(a) A person who files a complaint with the Commission pursuant to NRS 1.4655;
(b) A person who gives testimony at a hearing held by the Commission pursuant to NRS 1.4654, 1.4673 or 1.4675; and
(c) A person who gives a statement to an investigator of the Commission during an authorized investigation.
(Added to NRS by 1995, 800; A 1997, 1094; 2009, 1338; 2017, 339)
Proceedings Concerning Disciplinary Action, Forfeiture of Office or Removal From Office
NRS 1.4653 Circumstances under which judge may be disciplined or retired; forfeiture of office by justice of the peace or municipal judge for failure to attend required instruction.
1. The Commission may remove a judge, publicly censure a judge or impose other forms of discipline on a judge if the Commission determines that the judge:
(a) Has committed willful misconduct;
(b) Has willfully or persistently failed to perform the duties of office; or
(c) Is habitually intemperate.
2. The Commission may publicly censure a judge or impose other forms of discipline on a judge if the Commission determines that the judge has violated one or more of the provisions of the Nevada Code of Judicial Conduct in a manner that is not knowing or deliberate.
3. The Commission may retire a judge if the Commission determines that:
(a) The advanced age of the judge interferes with the proper performance of judicial duties; or
(b) The judge suffers from a mental or physical disability that prevents the proper performance of judicial duties and is likely to be permanent in nature.
4. The Commission may order a justice of the peace or a municipal judge to forfeit his or her office if he or she fails to attend the instruction required pursuant to NRS 4.036 or 5.026, as applicable, unless the Commission finds that there was a reasonable excuse for the failure to attend the instruction.
5. As used in this section:
(a) “Habitually intemperate” means the chronic, excessive use of alcohol or another substance that affects mental processes, awareness or judgment.
(b) “Willful misconduct” includes:
(1) Conviction of any crime involving moral turpitude;
(2) A knowing or deliberate violation of one or more of the provisions of the Nevada Code of Judicial Conduct; and
(3) A knowing or deliberate act or omission in the performance of judicial or administrative duties that:
(I) Involves fraud or bad faith or amounts to a public offense; and
(II) Tends to corrupt or impair the administration of justice in a judicial proceeding.
Ê The term does not include claims of error or abuse of discretion in findings of fact, legal decisions or procedural rulings unless supported by evidence of abuse of authority, a disregard for fundamental rights, an intentional disregard of the law, a pattern of legal error or an action taken for a purpose other than the faithful discharge of judicial duty.
(Added to NRS by 1997, 1088; A 1999, 93; 2009, 1339; 2017, 339)
NRS 1.4654 Notice to justice of the peace or municipal judge of intention to order forfeiture of office; public hearing; appeal.
1. If the Commission reasonably believes that a justice of the peace or municipal judge failed to attend the instruction required pursuant to NRS 4.036 or 5.026, as applicable, without a reasonable excuse, the Commission shall give the justice of the peace or the municipal judge:
(a) Thirty days’ notice of its intention to order the justice of the peace or municipal judge to forfeit his or her office pursuant to this section; and
(b) An opportunity to respond.
2. The Commission shall hold a public hearing before ordering the justice of the peace or municipal judge to forfeit his or her office, unless the justice of the peace or municipal judge waives the right to the hearing. The decision of the Commission must be made public.
3. A justice of the peace or municipal judge ordered to forfeit his or her office pursuant to this section may appeal the order to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution. If a justice of the peace or a municipal judge appeals such an order to forfeit his or her office:
(a) The standard of review for such an appeal is an abuse of discretion standard; and
(b) The proceedings held at the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court concerning the order to forfeit office must be open to the public.
(Added to NRS by 2017, 338)
NRS 1.4655 Commencement of inquiry regarding alleged misconduct or incapacity of judge; time limitation for considering complaints; certain action required.
1. The Commission may begin an inquiry regarding the alleged misconduct or incapacity of a judge upon the receipt of a complaint.
2. The Commission shall not consider complaints arising from acts or omissions that occurred more than 3 years before the date of the complaint or more than 1 year after the complainant knew or in the exercise of reasonable diligence should have known of the conduct, whichever is earlier, except that:
(a) Where there is a continuing course of conduct, the conduct will be deemed to have been committed at the termination of the course of conduct;
(b) Where there is a pattern of recurring judicial misconduct and at least one act occurs within the 3-year or 1-year period, as applicable, the Commission may consider all prior acts or omissions related to that pattern; and
(c) Any period in which the judge has concealed or conspired to conceal evidence of misconduct is not included in the computation of the time limit for the filing of a complaint pursuant to this section.
3. Within 18 months after the receipt of a complaint pursuant to this section, the Commission shall:
(a) Dismiss the complaint with or without a letter of caution;
(b) Attempt to resolve the complaint informally as required pursuant to NRS 1.4665;
(c) Enter into a deferred discipline agreement pursuant to NRS 1.468;
(d) With the consent of the judge, impose discipline on the judge pursuant to an agreement between the judge and the Commission; or
(e) Authorize the filing of a formal statement of the charges based on a finding that there is a reasonable probability that the evidence available for introduction at a formal hearing could clearly and convincingly establish grounds for disciplinary action.
(Added to NRS by 1997, 1088; A 2009, 1339)
NRS 1.4656 Certain determinations or findings of Commission to be recorded in minutes of proceedings. Except as otherwise expressly provided in NRS 1.425 to 1.4695, inclusive, or any other applicable provision of law, a determination or finding by the Commission must be recorded in the minutes of the proceedings of the Commission if the determination or finding is made before:
1. The filing of a formal statement of charges against a judge pursuant to NRS 1.467;
2. The Commission suspends a judge pursuant to NRS 1.4675; or
3. The Commission orders a justice of the peace or municipal judge to forfeit his or her office pursuant to NRS 1.4654.
(Added to NRS by 2015, 950; A 2017, 340)
NRS 1.4657 Required actions upon receipt of complaint; letter of caution.
1. The Commission shall, in accordance with its procedural rules, examine each complaint that it receives to determine whether the complaint alleges objectively verifiable evidence from which a reasonable inference could be drawn that a judge committed misconduct or is incapacitated.
2. If the Commission determines that a complaint does not contain such allegations, the Commission shall dismiss the complaint with or without a letter of caution. A letter of caution is not a form of discipline. The Commission may consider a letter of caution when deciding the appropriate action to be taken on a subsequent complaint against a judge unless the letter of caution is not relevant to the misconduct alleged in the subsequent complaint.
3. If the Commission determines that a complaint does contain such allegations, the Commission shall authorize further investigation.
(Added to NRS by 1997, 1089; A 2009, 1340)
NRS 1.466 Issuance and enforcement of subpoenas.
1. During any stage of a disciplinary proceeding, including, but not limited to, an investigation pursuant to NRS 1.4663 and a formal hearing, the Commission may issue a subpoena to compel the attendance or testimony of a witness or the production of any relevant materials, including, but not limited to, books, papers, documents, records, photographs, recordings, reports and tangible objects.
2. If a witness refuses to attend, testify or produce materials as required by the subpoena, the Commission may, in accordance with its procedural rules, hold the witness in contempt and impose a reasonable penalty to enforce the subpoena.
3. If a witness continues to refuse to attend, testify or produce materials as required by the subpoena, the Commission may report to the district court by petition, setting forth that:
(a) Due notice has been given of the time and place of attendance or testimony of the witness or the production of materials;
(b) The witness has been subpoenaed by the Commission pursuant to this section; and
(c) The witness has failed or refused to attend, testify or produce materials as required by the subpoena before the Commission, or has refused to answer questions propounded to the witness,
Ê and asking for an order of the court compelling the witness to attend, testify or produce materials before the Commission.
4. Upon receipt of such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why the witness has not attended, testified or produced materials before the Commission. A certified copy of the order must be served upon the witness.
5. If it appears to the court that the subpoena was regularly issued by the Commission, the court shall enter an order that the witness appear before the Commission at a time and place fixed in the order and testify or produce materials, and that upon failure to obey the order the witness must be dealt with as for contempt of court.
(Added to NRS by 1997, 1090; A 2009, 1340)
NRS 1.4663 Appointment of investigator; designation of special counsel; conduct, scope and written report of investigation.
1. If the Commission determines pursuant to NRS 1.4657 that a complaint alleges objectively verifiable evidence from which a reasonable inference could be drawn that a judge committed misconduct or is incapacitated, the Commission shall assign or appoint an investigator to conduct an investigation to determine whether the allegations have merit. The Commission may designate special counsel at any time after a complaint is filed with the Commission pursuant to NRS 1.4655.
2. Such an investigation must be conducted in accordance with procedural rules adopted by the Commission and may extend to any matter that is, in the determination of the Commission, reasonably related to an allegation of misconduct or incapacity contained in the complaint.
3. An investigator assigned or appointed by the Commission to conduct an investigation pursuant to this section may, for the purpose of investigation, compel by subpoena on behalf of the Commission the attendance of witnesses and the production of necessary materials as set forth in NRS 1.466.
4. At the conclusion of the investigation, the investigator shall prepare a written report of the investigation for review by the Commission.
(Added to NRS by 1997, 1089; A 2009, 1341)
NRS 1.4665 Procedures for allegation of incapacity; informal resolution of complaint relating to incapacity; medical, psychiatric or psychological testing by physician; burden of proof.
1. Except as otherwise provided in this section or in the procedural rules adopted by the Commission, the Commission shall use the same procedures with respect to allegations of incapacity as it uses with respect to allegations of misconduct.
2. The Commission shall attempt to resolve the following matters informally:
(a) A complaint received by the Commission which alleges that a judge is incapacitated;
(b) A matter in which the preliminary investigation reveals that a judge may have a physical or mental disability; and
(c) A matter in which the judge raises a mental or physical disability as an issue before the filing of the formal statement of charges.
3. An informal resolution by the Commission pursuant to subsection 2 includes, without limitation:
(a) Voluntary retirement by the judge; and
(b) If the disability can be adequately addressed through treatment, a deferred discipline agreement pursuant to NRS 1.468.
4. In attempting to resolve a matter informally, the Commission may request that the judge named in the complaint submit to medical, psychiatric or psychological testing by a physician licensed to practice medicine in this State who is selected by the Commission.
5. If the Commission is unable to resolve the matter informally pursuant to subsection 2, the Commission shall:
(a) Proceed as set forth in NRS 1.4667, 1.467 and 1.4673.
(b) Unless the judge has retained counsel at his or her own expense, appoint an attorney to represent the judge at public expense.
6. If a judge raises a mental or physical disability as an affirmative defense or in mitigation, the judge shall be deemed to have consented to medical, psychiatric or psychological testing and to have waived the psychologist-patient privilege, doctor-patient privilege, marriage and family therapist-client privilege and social worker-client privilege set forth in chapter 49 of NRS, as applicable. The Commission shall require the judge to produce relevant medical records and to submit to medical, psychiatric or psychological testing by a physician licensed to practice medicine in this State who is selected by the judge. If the judge refuses to produce medical records or submit to an examination, the Commission shall preclude the judge from presenting the medical records or evidence of the results of medical examinations conducted on behalf of the judge and may consider the refusal as evidence that the judge has an incapacity that seriously interferes with the performance of judicial duties of the judge and is likely to become permanent, or as evidence contradicting the claim of a disability by the judge as an affirmative defense or mitigating factor.
7. If a judge raises a mental illness or other disability as a defense or mitigating factor in a proceeding alleging misconduct, the judge has the burden of proving by a preponderance of the evidence that:
(a) He or she has a serious mental illness or other disability;
(b) The mental illness or other disability caused the misconduct;
(c) He or she has undergone or is undergoing treatment for the mental illness or other disability;
(d) The treatment has abated the cause of the misconduct; and
(e) The misconduct is not likely to recur.
8. The findings of a physician selected by the Commission pursuant to this section are not privileged communications.
9. The provisions of this section do not prohibit a judge from having legal counsel and a physician of his or her choice present at a medical, psychiatric or psychological examination conducted pursuant to this section.
10. The Commission shall adopt procedural rules to carry out the provisions of this section.
(Added to NRS by 1997, 1089; A 2009, 1341)
NRS 1.4667 Review of report of investigation; letter of caution; judge to respond to complaint under certain circumstances.
1. The Commission shall review the report prepared pursuant to NRS 1.4663 to determine whether there is a reasonable probability that the evidence available for introduction at a formal hearing could clearly and convincingly establish grounds for disciplinary action against a judge.
2. If the Commission determines that such a reasonable probability does not exist, the Commission shall dismiss the complaint with or without a letter of caution. The Commission may consider a letter of caution when deciding the appropriate action to be taken on a subsequent complaint against a judge unless the caution is not relevant to the misconduct alleged in the subsequent complaint.
3. If the Commission determines that such a reasonable probability exists, the Commission shall require the judge to respond to the complaint in accordance with procedural rules adopted by the Commission.
(Added to NRS by 1997, 1090; A 2009, 1343)
NRS 1.467 Finding of whether reasonable probability of grounds for disciplinary action exists required; letter of caution; deferred discipline agreement; procedure when reasonable probability is found to exist.
1. After a judge responds to the complaint as required pursuant to NRS 1.4667, the Commission shall make a finding of whether there is a reasonable probability that the evidence available for introduction at a formal hearing could clearly and convincingly establish grounds for disciplinary action against the judge.
2. If the Commission finds that such a reasonable probability does not exist, the Commission shall dismiss the complaint with or without a letter of caution. The Commission may consider a letter of caution when deciding the appropriate action to be taken on a subsequent complaint against a judge unless the caution is not relevant to the misconduct alleged in the subsequent complaint.
3. If the Commission finds that such a reasonable probability exists, but reasonably believes that the misconduct would be addressed more appropriately through rehabilitation, treatment, education or minor corrective action, the Commission may enter into a deferred discipline agreement with the judge for a definite period as described in NRS 1.468.
4. The Commission shall not dismiss a complaint with a letter of caution or enter into a deferred discipline agreement with a judge if:
(a) The misconduct of the judge involves the misappropriation of money, dishonesty, deceit, fraud, misrepresentation or a crime that adversely reflects on the honesty, trustworthiness or fitness of the judge;
(b) The misconduct of the judge resulted or will likely result in substantial prejudice to a litigant or other person;
(c) The misconduct of the judge is part of a pattern of similar misconduct; or
(d) The misconduct of the judge is of the same nature as misconduct for which the judge has been publicly disciplined or which was the subject of a deferred discipline agreement entered into by the judge within the immediately preceding 5 years.
5. If the Commission finds that such a reasonable probability exists and that formal proceedings are warranted, the Commission shall, in accordance with its procedural rules, designate special counsel to sign under oath and file with the Commission a formal statement of charges against the judge.
6. Within 20 days after service of the formal statement of charges, the judge shall file an answer with the Commission under oath. If the judge fails to answer the formal statement of charges within that period, the Commission shall deem such failure to be an admission that the charges set forth in the formal statement:
(a) Are true; and
(b) Establish grounds for discipline pursuant to NRS 1.4653.
7. The Commission shall adopt rules regarding disclosure and discovery after the filing of a formal statement of charges.
8. By leave of the Commission, a statement of formal charges may be amended at any time, before the close of the hearing, to allege additional matters discovered in a subsequent investigation or to conform to proof presented at the hearing if the judge has adequate time, as determined by the Commission, to prepare a defense.
(Added to NRS by 1997, 1090; A 2009, 1343)
NRS 1.4673 Hearing on formal statement of charges; procedure; actions after formal hearing on charges.
1. Unless a deferred discipline agreement has been entered into with the judge pursuant to NRS 1.468, a hearing on a formal statement of charges must be held. If practicable, the hearing must be held not later than 60 days after:
(a) The judge files an answer; or
(b) The date on which the time period for filing an answer expires if the judge has not filed an answer and has not filed with the Commission a request for an extension of time before the expiration of the period for filing the answer.
2. If formal charges are filed against a judge:
(a) The standard of proof in any proceedings following the formal statement of charges is clear and convincing evidence.
(b) The burden of proof rests on the special counsel except where otherwise provided by specific statute.
(c) The rules of evidence applicable to civil proceedings apply at a hearing held pursuant to subsection 1.
3. Within 60 days after the conclusion of a hearing on a formal statement of charges, the Commission shall prepare and adopt written findings of fact and conclusions of law that:
(a) Dismiss all or part of the charges, if the Commission determines that the grounds for discipline have not been proven by clear and convincing evidence; or
(b) Impose such disciplinary actions on the judge as deemed appropriate by the Commission, if the Commission determines that the grounds for discipline have been proven by clear and convincing evidence.
(Added to NRS by 1997, 1090; A 2009, 1344)
NRS 1.4675 Circumstances under which a judge may be suspended with or without pay; hearing; appeal.
1. The Commission shall suspend a judge from the exercise of office with salary:
(a) While there is pending an indictment or information charging the judge with a crime punishable as a felony pursuant to the laws of the State of Nevada or the United States; or
(b) When the judge has been adjudged mentally incompetent or insane.
2. The Commission may suspend a judge from the exercise of office without salary if the judge:
(a) Pleads guilty, guilty but mentally ill or no contest to a charge of; or
(b) Is found guilty or guilty but mentally ill of,
Ê a crime punishable as a felony pursuant to the laws of the State of Nevada or the United States. If the conviction is later reversed, the judge must be paid his or her salary for the period of suspension.
3. In addition to the grounds set forth in subsection 2, the Commission may suspend a judge from the exercise of office without salary if the Commission determines that the judge:
(a) Has committed serious and repeated willful misconduct;
(b) Has willfully or persistently failed to perform the duties of office; or
(c) Is habitually intemperate,
Ê and the Commission determines that the circumstances surrounding such conduct, including, without limitation, any mitigating factors, merit disciplinary action more severe than censure but less severe than removal.
4. During any stage of a disciplinary proceeding, the Commission may suspend the judge from the exercise of office with salary pending a final disposition of the complaint if the Commission determines, by a preponderance of the evidence, that the judge poses a substantial threat of serious harm to the public or to the administration of justice.
5. The Commission shall give the judge 7 days’ notice of its intention to suspend the judge pursuant to this section and shall give the judge an opportunity to respond. The Commission shall hold a public hearing before ordering such a suspension, unless the judge waives the right to the hearing. The decision of the Commission must be made public.
6. A judge suspended pursuant to this section may appeal the suspension to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution. If a judge appeals such a suspension:
(a) The standard of review for such an appeal is an abuse of discretion standard; and
(b) The proceedings held at the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court concerning the suspension must be open to the public.
7. Within 60 days after a decision by the Commission to suspend a judge pursuant to this section, the Commission shall:
(a) Have a formal statement of charges filed against the judge;
(b) Rescind the suspension; or
(c) Enter into a deferred discipline agreement with the judge pursuant to NRS 1.468.
8. The Commission may suspend a judge pursuant to this section only in accordance with its procedural rules.
(Added to NRS by 1997, 1091; A 2007, 1428; 2009, 1345; 2013, 1712)
NRS 1.4677 Forms of discipline.
1. Pursuant to a deferred discipline agreement with the judge entered into pursuant to NRS 1.468 or based on a finding of misconduct following a hearing on a formal statement of charges, the Commission may take one or more of the following actions:
(a) Publicly admonish, publicly reprimand or publicly censure a judge.
(b) Impose a fine upon the judge.
(c) Suspend the judge from office without pay.
(d) Require the judge to:
(1) Complete a probationary period pursuant to conditions deemed appropriate by the Commission.
(2) Attend training or educational courses.
(3) Follow a remedial course of action.
(4) Issue a public apology.
(5) Comply with conditions or limitations on future conduct.
(6) Seek medical, psychiatric or psychological care or counseling and direct the provider of health care or counselor to report to the Commission regarding the condition or progress of the judge.
(e) Bar the judge from serving in a judicial office in the future.
(f) Impose any other reasonable disciplinary action or combination of disciplinary actions that the Commission determines will curtail or remedy the misconduct of the judge.
2. The Commission may publicly admonish a judge pursuant to subsection 1 if the Commission determines that the judge has violated one or more of the provisions of the Nevada Code of Judicial Conduct in a manner that is not knowing or deliberate and for which there are no aggravating factors.
3. The Commission may publicly reprimand a judge pursuant to subsection 1 if the Commission determines that the judge has violated one or more of the provisions of the Nevada Code of Judicial Conduct in a manner that is:
(a) Not knowing or deliberate but for which there are aggravating factors; or
(b) Knowing or deliberate but for which there are mitigating factors.
(Added to NRS by 1997, 1092; A 2009, 1346)
NRS 1.468 Deferral of formal disciplinary action.
1. Except as otherwise provided in subsections 2 and 3, if the Commission reasonably believes that a judge has committed an act or engaged in a behavior that would be addressed most appropriately through rehabilitation, treatment, education or minor corrective action, the Commission may enter into an agreement with the judge to defer formal disciplinary proceedings and require the judge to undergo the rehabilitation, treatment, education or minor corrective action.
2. The Commission may not enter into an agreement with a judge to defer formal disciplinary proceedings if the Commission has determined, pursuant to NRS 1.467, that there is a reasonable probability that the evidence available for introduction at a formal hearing could clearly and convincingly establish grounds for disciplinary action against the judge pursuant to NRS 1.4653.
3. The Commission may enter into an agreement with a judge to defer formal disciplinary proceedings only in response to misconduct that is minor in nature.
4. A deferred discipline agreement entered into pursuant to this section must be in writing and must specify the conduct that resulted in the agreement. A judge who enters into such an agreement must agree:
(a) To the specified rehabilitation, treatment, education or minor corrective action;
(b) To waive the right to a hearing before the Commission; and
(c) That the agreement will not be protected by confidentiality for the purpose of any subsequent disciplinary proceedings against the judge,
Ê and the agreement must indicate that the judge agreed to the terms set forth in paragraphs (a), (b) and (c). Such an agreement must expressly authorize the Commission to revoke the agreement and proceed with any other disposition of the complaint or formal statement of charges authorized by NRS 1.467 if the Commission finds that the judge has failed to comply with a condition of the agreement.
5. The Executive Director of the Commission shall monitor the compliance of the judge with the agreement. The Commission may require the judge to document his or her compliance with the agreement. The Commission shall give the judge written notice of any alleged failure to comply with any condition of the agreement and shall allow the judge not less than 15 days to respond.
6. If the judge complies in a satisfactory manner with the conditions imposed in the agreement, the Commission may dismiss the complaint or take any other appropriate action.
(Added to NRS by 1997, 1092; A 2009, 1347)
NRS 1.4681 Extension of time limitations on disciplinary action; computation; prima facie evidence of unreasonable delay.
1. The Commission may extend the limitations on time set forth in NRS 1.425 to 1.4695, inclusive, for good cause shown.
2. The limitations on time set forth in NRS 1.425 to 1.4695, inclusive, must be computed in the same manner as in the Nevada Rules of Civil Procedure and the Nevada Rules of Appellate Procedure and must not include:
(a) Periods of delay at the request of or attributable to a judge other than the judge who is the subject of a complaint;
(b) Short periods of delay that are the result of the period between scheduled meetings of the Commission;
(c) Periods in which the judge who is the subject of a complaint and the Executive Director of the Commission or special counsel are negotiating an agreement; or
(d) Periods when the Commission is holding a complaint in abeyance pending the disposition of a court case relating to the complaint.
3. The Commission shall not dismiss a complaint or a formal statement of charges for failure to comply with the limitations of time set forth in NRS 1.425 to 1.4695, inclusive, unless the Commission determines such a delay is unreasonable and the rights of the judge to a fair hearing have been violated. The fact that an investigation has been conducted more than 24 months after the date the complaint was filed with the Commission is prima facie evidence of an unreasonable delay, which may be rebutted.
(Added to NRS by 2009, 1337)
NRS 1.4683 Confidentiality of existence of proceeding and information and materials related to proceeding; issuance of explanatory statements when name of judge subject of complaint is made public; exceptions to confidentiality.
1. Except as otherwise provided in this section and NRS 1.4675 and 239.0115, the existence of a proceeding of the Commission must remain confidential until the Commission makes a determination pursuant to NRS 1.467 and the special counsel files a formal statement of charges.
2. Except as otherwise provided in this section, before the filing of a formal statement of charges, a present or former member of the Commission, a present or former member of the staff of the Commission or a present or former independent contractor retained by the Commission shall not disclose information contained in a complaint or any other information relating to the allegations of misconduct or incapacity. Such persons:
(a) May disclose such information to persons directly involved in the matter to the extent necessary for a proper investigation and disposition of the complaint; and
(b) Shall conduct themselves in a manner that maintains the confidentiality of the disciplinary proceeding.
3. Nothing in this section prohibits a person who files a complaint with the Commission pursuant to NRS 1.4655, a judge against whom such a complaint is made or a witness from disclosing at any time the existence or substance of a complaint, investigation or proceeding. The immunity provided by NRS 1.465 does not apply to such a disclosure.
4. The confidentiality required pursuant to subsection 1 also applies to all information and materials, written or oral, received or developed by the Commission, its staff or any independent contractors retained by the Commission in the course of its work and relating to the alleged misconduct or incapacity of a judge.
5. The Commission shall disclose all testimony given and all materials filed in connection with a proceeding before the Commission if a witness is prosecuted for perjury committed during the course of that proceeding.
6. Notwithstanding the provisions of this section to the contrary, at any stage in a disciplinary proceeding, if the judge, a third person or the person who filed a complaint with the Commission pursuant to NRS 1.4655 has made the name of the judge against whom such a complaint is made public, the Commission may, at the request of the judge or on its own accord, issue an explanatory statement to maintain confidence in the judicial system and the Commission. In such a statement, the Commission may:
(a) Confirm or deny that a complaint has been filed;
(b) Confirm or deny that the Commission is conducting an investigation;
(c) Confirm that the Commission has dismissed a complaint with or without a letter of caution; and
(d) Confirm that the Commission has entered into a deferred discipline agreement with the judge.
7. In addition to the information authorized pursuant to subsection 6, a statement issued by the Commission pursuant to subsection 6 may correct any public misinformation concerning the disciplinary proceeding, clarify the procedures of the Commission relating to the disciplinary proceeding and explain that the judge has a right to a fair investigation and, if applicable, a fair hearing without prejudgment. The Commission shall submit such a statement to the judge concerned for comments before the Commission releases the statement. The Commission is not required to incorporate any comments made by the judge in the statement and may release the statement as originally drafted.
8. The Commission may, without disclosing the name of or any details that may identify the judge involved, disclose the existence of a proceeding before it to the State Board of Examiners and the Interim Finance Committee to obtain additional money for its operation from the Contingency Account established pursuant to NRS 353.266.
9. No record of any medical examination, psychiatric evaluation or other comparable professional record made for use in an informal resolution pursuant to subsection 4 of NRS 1.4665 may be made public at any time without the consent of the judge concerned.
10. Notwithstanding the provisions of this section to the contrary, at any stage in a disciplinary proceeding, the Commission may release confidential information:
(a) To the appropriate law enforcement or prosecuting authorities if the Commission determines that it has reliable information which reveals possible criminal conduct by a judge or any other person;
(b) Upon request to the Board of Governors of the State Bar of Nevada or other appropriate disciplinary authorities of the State Bar of Nevada if the Commission determines that it has reliable information that reveals a possible violation of the Nevada Rules of Professional Conduct by a judge or any other attorney; or
(c) Pursuant to an order issued by a court of record of competent jurisdiction in this State or a federal court of record of competent jurisdiction.
11. Notwithstanding the provisions of this section to the contrary, at any stage in a disciplinary proceeding, if a judge signs a waiver, the Commission may release confidential information concerning any complaints filed with the Commission pursuant to NRS 1.4655 that are pending or are closed and did not result in a dismissal to:
(a) An agency authorized to investigate the qualifications of persons for admission to practice law;
(b) An appointing or nominating authority or a state or federal agency lawfully conducting investigations relating to the selection or appointment of judges; or
(c) An agency conducting investigations relating to employment with a governmental agency or other employment.
12. If the Commission discloses information concerning a pending complaint to an agency or authority pursuant to subsection 11, the Commission shall subsequently disclose the disposition of the complaint to the agency or authority. The Commission shall send a copy of all information disclosed pursuant to subsection 11 to the judge concerned at the same time the Commission sends the information to the agency or authority.
(Added to NRS by 1997, 1092; A 2007, 2066; 2009, 1348; 2015, 951)
NRS 1.4687 Public access to formal statement of charges and certain other records; open hearings; private deliberative sessions; certain records privileged.
1. Except as otherwise provided in subsection 2:
(a) Upon the filing of a formal statement of charges with the Commission by the special counsel, the statement and other documents later formally filed with the Commission must be made accessible to the public, and hearings must be open.
(b) If a formal statement of charges has not been filed with the Commission and the Commission holds a hearing to suspend a judge pursuant to NRS 1.4675, any transcript of the hearing and any documents offered as evidence at the hearing must be made accessible to the public.
(c) If the Commission holds a hearing to order a justice of the peace or municipal judge to forfeit his or her office pursuant to NRS 1.4654, any transcript of the hearing and any documents offered as evidence at the hearing must be made accessible to the public.
2. Regardless of whether any formal statement of charges has been filed with the Commission, medical records and any other documents or exhibits offered as evidence which are privileged pursuant to chapter 49 of NRS must not be made accessible to the public.
3. The Commission’s deliberative sessions must remain private and any minutes of such sessions must remain confidential.
4. The filing of a formal statement of charges does not justify the Commission, its counsel, staff or independent contractors retained by the Commission in making public any correspondence, notes, work papers, interview reports or other evidentiary matter, except at the formal hearing or with explicit consent of the judge named in the complaint.
(Added to NRS by 1997, 1093; A 2009, 1350; 2015, 953; 2017, 340)
NRS 1.469 Authorized statements by Commission when subject matter becomes public. In any disciplinary proceeding in which the subject matter becomes public, through independent sources, or upon a determination pursuant to NRS 1.467 and filing of a formal statement of charges, the Commission may issue such statements as it deems appropriate under the circumstances to:
1. Confirm the pendency of the investigation;
2. Clarify the procedural aspects of the disciplinary proceedings;
3. Explain the right of the judge to a fair hearing without prejudgment;
4. State that the judge denies the allegations;
5. Explain the reasons for dismissing a complaint; and
6. Explain why the Commission chose to enter into an agreement with a judge pursuant to subsection 1 of NRS 1.468.
(Added to NRS by 1997, 1093)
NRS 1.4694 Rules to be adopted to provide for disposition of complaint or formal statement of charges. The Commission shall adopt rules providing for the disposition of a complaint or formal statement of charges at any stage in a disciplinary proceeding, pursuant to:
1. The consent of the judge who is the subject of the complaint; and
2. An agreement between the judge and the Commission.
(Added to NRS by 2009, 1337)
NRS 1.4695 Rules to be adopted to establish privileged status of certain communications. The Commission shall adopt rules to establish the status of particular communications related to a disciplinary proceeding as privileged or nonprivileged.
(Added to NRS by 1997, 1094)
INTERPRETERS AND TRANSLATORS
General Provisions
NRS 1.500 Fees of interpreters and translators. Interpreters and translators shall receive such fees as the court by whom they are employed shall certify to be just.
[14:49:1883; BH § 2355; C § 2479; RL § 2016; NCL § 2947]
Court Interpreters for Persons Who Speak Language Other Than English
NRS 1.510 Regulations establishing program of certification or registration of interpreters; application for certificate or registration; grounds for disciplinary action. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
1. The Court Administrator shall, with the advice of the committee established pursuant to NRS 1.530, adopt regulations which, subject to the availability of funding, establish a program for the certification or registration of court interpreters for persons with limited English proficiency who are witnesses, defendants and litigants.
2. The regulations established pursuant to subsection 1 must set forth:
(a) The specific languages for which court interpreters may obtain certification or registration, based upon the need for interpreters of those languages.
(b) Any examination and the qualifications which are required for:
(1) Certification or registration; and
(2) Renewal of the certification or registration.
(c) The circumstances under which the Court Administrator will deny, suspend or refuse to renew a certificate or registration.
(d) The circumstances under which the Court Administrator will take disciplinary action against a certified or registered court interpreter.
(e) The circumstances under which a court or juvenile court must proceed if a certified or registered interpreter is not available.
(f) Except as otherwise provided in NRS 50.050, the rate and source of the compensation to be paid for services provided by a certified or registered court interpreter.
3. An application for a certificate or registration as a court interpreter pursuant to subsection 1 must include the social security number of the applicant.
4. Every applicant for certification or registration as a court interpreter pursuant to subsection 1 must submit with his or her application:
(a) A complete set of his or her fingerprints; and
(b) Written permission authorizing the Court Administrator to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its initial report on the criminal history of the applicant and for reports thereafter upon renewal of the certification or registration, and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant.
5. Except as otherwise provided by a specific regulation of the Court Administrator, it is grounds for disciplinary action for a certified or registered court interpreter to act as interpreter in any action in which:
(a) The spouse of the court interpreter is a party;
(b) A party or witness is otherwise related to the court interpreter;
(c) The court interpreter is biased for or against one of the parties; or
(d) The court interpreter otherwise has an interest in the outcome of the proceeding.
6. As used in this section, “person with limited English proficiency” means a person who speaks a language other than English and who cannot readily understand or communicate in the English language.
(Added to NRS by 1995, 801; A 1997, 2033; 2013, 1459; 2017, 354, 1141)
NRS 1.510 Regulations establishing program of certification or registration of interpreters; application for certificate or registration; grounds for disciplinary action. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
1. The Court Administrator shall, with the advice of the committee established pursuant to NRS 1.530, adopt regulations which, subject to the availability of funding, establish a program for the certification or registration of court interpreters for persons with limited English proficiency who are witnesses, defendants and litigants.
2. The regulations established pursuant to subsection 1 must set forth:
(a) The specific languages for which court interpreters may obtain certification or registration, based upon the need for interpreters of those languages.
(b) Any examination and the qualifications which are required for:
(1) Certification or registration; and
(2) Renewal of the certification or registration.
(c) The circumstances under which the Court Administrator will deny, suspend or refuse to renew a certificate or registration.
(d) The circumstances under which the Court Administrator will take disciplinary action against a certified or registered court interpreter.
(e) The circumstances under which a court or juvenile court must proceed if a certified or registered interpreter is not available.
(f) Except as otherwise provided in NRS 50.050, the rate and source of the compensation to be paid for services provided by a certified or registered court interpreter.
3. Every applicant for certification or registration as a court interpreter pursuant to subsection 1 must submit with his or her application:
(a) A complete set of his or her fingerprints; and
(b) Written permission authorizing the Court Administrator to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its initial report on the criminal history of the applicant and for reports thereafter upon renewal of the certification or registration, and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant.
4. Except as otherwise provided by a specific regulation of the Court Administrator, it is grounds for disciplinary action for a certified or registered court interpreter to act as interpreter in any action in which:
(a) The spouse of the court interpreter is a party;
(b) A party or witness is otherwise related to the court interpreter;
(c) The court interpreter is biased for or against one of the parties; or
(d) The court interpreter otherwise has an interest in the outcome of the proceeding.
5. As used in this section, “person with limited English proficiency” means a person who speaks a language other than English and who cannot readily understand or communicate in the English language.
(Added to NRS by 1995, 801; A 1997, 2033; 2013, 1459; 2017, 354, 1141, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)
NRS 1.520 Regulations to carry out program of certification or registration of interpreters; imposition of fees or fines. The Court Administrator may:
1. With the advice of the committee established pursuant to NRS 1.530, adopt any regulations necessary to carry out a program for the certification and registration of court interpreters.
2. Impose on a certified or registered court interpreter:
(a) Any fees necessary to reimburse the Court Administrator for the cost of administering the program; and
(b) A fine for any violation of a regulation of the Court Administrator adopted pursuant to this section or NRS 1.510.
(Added to NRS by 1995, 802; A 2013, 1460; 2017, 1142)
NRS 1.530 Committee to advise Court Administrator regarding regulations relating to certification or registration of interpreters.
1. The Chief Justice shall appoint, from a list of recommendations submitted to the Chief Justice by the Court Administrator, a committee to advise the Court Administrator regarding adoption of regulations pursuant to NRS 1.510 and 1.520. The committee must consist of:
(a) A district judge;
(b) A justice of the peace or municipal judge in a county whose population is less than 100,000;
(c) An administrator of a district court;
(d) An administrator of a justice court or municipal court in a county whose population is less than 100,000;
(e) A representative of the Nevada System of Higher Education;
(f) A representative of a nonprofit organization for persons who speak a language other than English; and
(g) A person certified to act as an interpreter for a federal court.
2. The Court Administrator is ex officio chair of the committee.
3. Members of the committee shall serve in that capacity without any additional compensation.
(Added to NRS by 1995, 802)
NRS 1.540 Unlawful acts; civil action or recovery prohibited for certain violations.
1. It is unlawful for a person to act as a certified or registered court interpreter or advertise or put out any sign or card or other device which might indicate to the public that the person is entitled to practice as a certified or registered court interpreter without a certificate or registration as an interpreter issued by the Court Administrator pursuant to NRS 1.510 and 1.520.
2. No civil action may be instituted, nor recovery therein be had, for a violation of the provisions of this section or NRS 1.510 or 1.520 or a violation of a regulation adopted by the Court Administrator pursuant to NRS 1.510 or 1.520.
(Added to NRS by 1995, 803; A 2017, 1142)
NRS 1.550 Statement concerning obligation for child support required for issuance or renewal of certificate or registration. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
1. An applicant for the issuance or renewal of a certificate or registration as a court interpreter shall submit to the Court Administrator the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
2. The Court Administrator shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance or renewal of the certificate or registration; or
(b) A separate form prescribed by the Court Administrator.
3. A certificate or registration as a court interpreter may not be issued or renewed by the Court Administrator if the applicant:
(a) Fails to complete or submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Court Administrator shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
(Added to NRS by 1997, 2032; A 2017, 1143)
NRS 1.560 Suspension of certificate or registration; reinstatement of suspended certificate or registration. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
1. If the Court Administrator receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a certificate or registration as a court interpreter, the Court Administrator shall deem the certificate or registration issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Court Administrator receives a letter issued to the holder of the certificate or registration by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the certificate or registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The Court Administrator shall reinstate a certificate or registration as a court interpreter that has been suspended by a district court pursuant to NRS 425.540 if:
(a) The Court Administrator receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certificate or registration was suspended stating that the person whose certificate or registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560; and
(b) The person whose certificate or registration was suspended pays any fees imposed by the Court Administrator pursuant to NRS 1.520 for the reinstatement of a suspended certificate or registration.
(Added to NRS by 1997, 2032; A 2017, 1143)
NRS 1.570 Renewal of certificate or registration: Application to include information relating to state business license; denial of renewal for unpaid debt assigned to State Controller for collection.
1. In addition to any other requirements set forth in this chapter, an applicant for the renewal of a certificate or registration as a court interpreter must indicate in the application submitted to the Court Administrator whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.
2. Certification or registration of a court interpreter may not be renewed if:
(a) The applicant fails to submit the information required by subsection 1; or
(b) The State Controller has informed the Court Administrator pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:
(1) Satisfied the debt;
(2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or
(3) Demonstrated that the debt is not valid.
3. As used in this section:
(a) “Agency” has the meaning ascribed to it in NRS 353C.020.
(b) “Debt” has the meaning ascribed to it in NRS 353C.040.
(Added to NRS by 2013, 2721; A 2017, 1144)