ADVISORY OPINIONS

1998

JE98-001   May an elected, non-partisan municipal judge run for and serve, if elected, as a non-partisan, non-paid Regent of the University of Nevada system?

JE98-002   May a sitting judge permit his name to be listed as a member of a "Honorary Host Committee" for a charitable event, said judge's name to appear on the invitation to said event and on the event's promotional material?

JE98-003   May a district court judge assist a prosecutor in preparing a case for criminal prosecution that the judge handled as prosecutor prior to his appointment or election to judicial office?

JE98-004  May a continuing part-time judge of a municipal court practice law before the district court which has appellate jurisdiction over that municipal court?

JE98-005  May a judicial candidate place campaign materials at a booth sponsored by a political party at the Nevada State Fair or comparable event?

JE98-006  May a judge submit a private letter to the appointing authority supporting a candidate for appointment to a judicial office?  May a judge write a private letter of support endorsing a candidate for election to a public office?
 

1999

JE99-001  May a judge, serving as an officer of a judicial district pro bono foundation, sign a letter addressed to attorneys soliciting them to contribute to the foundation as a means of fulfilling their voluntary goal of providing pro bono legal services or monetary donations in lieu thereof?

JE99-002   May a judge appear as a speaker at a CLE luncheon where a fee is charged to benefit a pro bono organization?

JE99-003  May a judge solicit funds from his church congregation and distribute those funds to various charities?

JE99-004   May a continuing part-time master appointed by the Court to handle paternity and support issues practice family law in the same judicial district where he or she handles family law matters as a Master?

JE99-005  May a candidate for election to judicial office who was appointed to a different judicial office in a different court while the campaign was in progress, use campaign contributions generated during the campaign to retire a campaign debt incurred during an unsuccessful previous judicial campaign, or retain the funds for use in a future judicial campaign?

JE99-006  May a court and its judges assist in the preparation and distribution of standard forms to be completed by litigants as well as printed information describing how to properly fill out and submit such forms?

JE99-007   Is a judge required to disqualify himself or herself when a deputy attorney general representing all the judges of a district in a suit filed by the county clerk appears before a judge of the district as counsel of record in an unrelated matter?
 

2000

JE00-001    1. Is a judge disqualified from presiding over a case in which a party is represented by an attorney who has filed a separate lawsuit against the judge on behalf of another party in another court?
                    2. Is the judge disqualified from presiding over future cases in which the attorney represents one of the parties even if the case in which the judge was sued has been resolved?

JE00-002    May a justice of the peace, serving in a township where the justice is permitted to engage in the practice of law, be partner, shareholder or associate in a law firm?

JE00-003    1. May a judge order a convicted defendant as part of a criminal sentence to make a charitable contribution?
                     2. May a judge approve a plea bargain agreement between the prosecutor and the defendant which includes an agreement by the defendant to make a charitable contribution, so long as the judge does not select the charity or the amount of the contribution?
                     3. May a judge, as part of civil contempt or sanction, order/require a party or an attorney to make a charitable contribution?

JE00-004   A District Court judge has inquired whether judges of this state may become involved in fund raising events to raise funds for legal service organizations providing pro bono services in Nevada. The judges would like to know if they can be listed on an invitation directed to local attorneys asking them to appear at a reception hosted by the listed judges and thereafter attend the event. *Note* Reversal of prior decision due to changes in the Nevada Code of Judicial Conduct. 

JE00-003 Errata   Propriety of a judge allowing charitable contributions as part of a plea bargain/sentence.

JE00-005 May a family court domestic violence commissioner participate on a domestic violence fatality review team so long as the commissioner does not participate in the review of cases that are pending in, or which reasonably may come before, the court in which the commissioner presides?

JE00-006 May the judges of a judicial district appoint one of the district judges not hearing the case to serve as a media liaison officer to answer media questions in high profile cases?

JE00-007 May a family court judge serve on the board of directors of a non-profit corporation whose purpose is to assist "at risk youth" by providing programs for independent living skills, mentoring, education and job placement?
 

2001

JE01-001  May a full-time Justice Court Judge also work as an attorney in Chapter 7 Bankruptcy proceedings, accept appointments as a Receiver in federal cases, act as an arbitrator or own and operate an attorney-assisted paralegal service?

JE01-002  Is a District Judge required to disqualify himself or herself in every matter which was pending in the county district attorney's office where the judge was a prosecutor before taking the bench?

JE01-003  May judges serve or be listed on an "Honorary Committee" for a charitable organization's fund-raising dinner in memory of a deceased jurist who was the founding president of the charitable organization?
 

2002

JE02-001  Is a judge required to recuse himself or herself from presiding in proceedings in which an attorney for a party(s) has participated in the judge’s election campaign by engaging in any of the following activities or positions?

JE02-002  May district court employees work as election polling center supervisors in response to a directive from the county manager?

JE02-003  May judges engage in ex parte communications with county jail personnel with regard to the amount of bail established following an arrest, or in order to grant an “own recognizance” (“OR”) release?

JE02-004   May a candidate for election to judicial office, who serves as an unpaid part-time judge, appear in a judicial robe in campaign advertising?

JE02-005*  Do the canons of judicial ethics allow Nevada judges to make political contributions to judicial and non-judicial candidates?

* NOTE: On December 22, 2006, the Nevada Supreme Court issued an Order Amending the Commentary to Canon 5A(1) of the Nevada Code of Judicial Conduct in Administrative Docket No. 403, which addresses and expressly overrules the Standing Committee's opinion.  The relevant language amending the commentary to Canon 5A(1) states:  "A judge or judicial candidate's donation to a candidate or political organization that is otherwise permitted by state or federal law is not considered a public endorsement of a candidate for political office."
 

2003

JE03-001  1.  Is a judge disqualified from presiding over a case when the judge’s spouse, a medical doctor, has been retained by one of the parties to the litigation as a paid expert medical consultant?  2.  Assuming the judge is not disqualified, must the judge disclose the business relationship between her spouse and the attorney appearing in her court?

JE03-002  1.  May a judge use judicial stationery to send congratulation letters to successful candidates in State or County elections?
                    2.  To what extent, if any, may a  judge  assist a candidate for election to either judicial or non-judicial office?

JE03-003     Is a family court hearing master disqualified from hearing cases prosecuted by deputy district attorneys who are supervised by the master's husband, an assistant district attorney?

JE03-004     May a full time court master campaign for the position of state district judge while wearing a judicial robe?

JE03-005  May a candidate for judicial office send out mailings announcing an upcoming campaign event prior to the commencement of the 240 day judicial campaign season established in Canon 5C(2) of the Nevada Code of Judicial Ethics?
 

2004

JE04-001    Is a justice court judge disqualified from hearing cases in which his or her former public agency client is a party?

JE04-002    Is a justice of the peace disqualified from hearing civil eviction cases brought by owner of apartment complexes with whom the judge discusses eviction matters and has a social relationship?

JE04-003    May an attorney who serves as a judge pro tem practice law in the court where the attorney serves as judge?

JE04-004    1.  May a judge write a letter of recommendation on behalf of a candidate for admission to law school?    
                      2.  May a judge write a letter of support on behalf of a doctor in a medical licensing hearing? 
                    3.  May a judge write a letter to a county commission in support of a candidate for district attorney? 
                    4.  May a judge serve as president of his neighborhood association, including appearing publicly on behalf of the association to advocate for or against rezoning matters?

JE04-005     1.   Will potential conflicts be created for a judge who hears criminal cases by the fact his/her father heads  a state agency which includes divisions of criminal investigation, law enforcement and parole and probation? 
                      2.   Does the judge have a duty to disclose the position held by his/her father to criminal defendants and counsel?
 

2005

JE05-001   May an unopposed judicial candidate who is declared elected after a primary election solicit contributions for the candidate's campaign for up to 90 days after the general election?

JE05-002      May a judge hire a relative as a law clerk?

JE05-003     1.  Is a sitting judge precluded from offering the legislative or executive branch of state government his/her observations or advice on a topic dealing with legal matters or the court?
                      2.  If such an observation or representation is made on behalf of a group or organization made up of judges and one or more judges disagrees with the majority, may the judge, or judges, in the minority convey this dissenting information to the legislative or administrative branch?

JE05-004    May a judge accept an invitation from the Association of Trial Lawyers of America to be recognized as a "Judicial Fellow"?

JE05-005    May a judge provide records generated in a professional capacity as a marriage and family therapist prior to taking the bench when served with a subpoena duces tecum?
 

2006

JE06-001   May a judge testify as an expert in a legal malpractice action for which the judge was engaged prior to taking the bench?

JE06-002  Is a senior district judge required by reason of such office to file the campaign contribution and expense reports required by NRS 294A.120 and NRS294A.200?

JE06-003    May a sitting judge have a "judicial business card" printed in a magazine or other publication?

JE06-004    May a justice of the peace serve as an unpaid consultant to implement a new communications system for the county in which he serves, when the county sheriff's department administers the system?

JE06-005   1.  Is a judge disqualified from presiding over a case in which a party is represented by an attorney who is the opponent of the judge in an upcoming judicial election?
                     2.   Assuming the judge is not disqualified, must the judge disclose that the attorney for the party is his opponent in an upcoming judicial election?

JE06-006   May a judge or a judicial candidate place his or her name on the website of a political party for the purpose of providing a link to the website of the judge or judicial candidate, at which site the campaign materials of the judge or judicial candidate are located?

JE06-007  Is a judge obligated to answer a subpoena commanding him/her to appear for a hearing or trial, when the judge has reason to believe he/she may be asked to provide character evidence?

JE06-008   May a candidate in a judicial election who is not serving in a judicial capacity on a full or part-time basis: (1) continue to publish a weekly newspaper column, and (2) appear in media advertisements, neither of which directly support his or her candidacy?

JE06-009  Can a judge ethically preside over and rule in the criminal case of a defendant who had previously appeared before the judge in drug court?

JE06-010   Can a judge ethically preside over unrelated cases involving attorneys whose firm represents the jurist's homeowners association?  One of the attorneys from this firm is currently representing the association in a dispute with a third party.

JE06-011  May a candidate in a judicial election, who is not serving in a judicial capacity on a full- or a part-time basis, sponsor, in the name of the candidate's campaign, a fund-raiser for a non-profit organization, which organization would receive all of the proceeds raised?

JE06-012  Can a judge ethically allow the juvenile probation department in his/her district court to hold a basketball tournament to raise money for the county's juvenile alcohol and drug treatment programs?  The judge is not actively involved in the event. 

JE06-013   May a judge, who is assigned to manage and hear cases in a complex and specialized area of the law, serve as a program advisor to a private, for-profit business organization with respect to educational seminars which that entity sponsors, where the entity consults with potential litigants and actual litigants concerning claims related to that same area of the law?

JE06-014  May an elected, "continuing part-time judge":  (1) wear a judicial robe in campaign advertising, and (2) use the words "judge" or "re-elect judge" in campaign advertising?

JE06-015   May an elected, "continuing part-time judge" represent a party in litigation in another court which is related to a matter which was heard and decided by the continuing part-time judge in his or her court?

JE06-016   May a judge or judicial candidate participate in a parade as part of an entry sponsored by a political party, which entry is intended to represent that party's candidates for state and local office?

JE06-017  May a person who lost in the primary election move on to endorse one of the candidates from the same race who made it through the primary?

JE06-018   May a District Court staff attorney who, in part, functions on a multi-year basis as a law clerk for a judge, act as a temporary Family Court Master where his or her findings and recommendations will be reviewed by the judge who directs and supervises the staff attorney?

JE06-019  May a judge who assisted in the preparation of the by-laws and articles of incorporation for his/her homeowners association prior to his/her taking the bench now assist in amending the by-laws and covenants, conditions and restrictions?

JE06-020  May a judge use campaign contributions to pay attorney fees associated with the defense of an ethics complaint against the judge?
 

2007

JE07-001 1.  Are judges disqualified from presiding over cases in which a party is represented by an attorney from a law firm representing on a pro bono basis a judges' association of which the judges are members before the legislature in support of enactment of legislation increasing the number of judges within the judges' district?
                   2.  Assuming the judges are not disqualified, must the judges disclose that the attorney for the party is from a law firm which is providing pro bono representation of the association in support of the legislation?

JE07-002  May a judge who is a parent and president of a charitable organization which supports a particular high school serve on a committee to develop and recommend a mandatory, but random, drug testing program for student athletes at the high school?

JE07-003 May a court solicit survey responses from criminal defendants as to the performance of contract attorneys assigned by the court to represent them?

JE07-004 May a judge preside over criminal or civil matters when one party is represented by an attorney from the local law firm where a child of the judge is working as an attorney?

JE07-005 May a district judge preside in cases in which one of the parties is represented by an attorney or a member of the attorney's law firm if the attorney represented the district judge in unrelated administrative proceedings and civil litigation concerning the judge's compliance with the requirements of the NCJC?

JE07-006  May a full-time district court master appointed pursuant to N.R.S. 3.045 also serve as a continuing part-time justice of the peace?

JE07-007  Does a justice of the peace serving in the Air Force Reserve as a judge advocate general (JAG) violate judicial canons and the Nevada statute prohibiting the practice of law and may the judge be compensated as a reservist?

JE07-008  May a judge participate in, and continue to be a member of, clubs and committees affiliated with a political party?  NOTE:  Readers should consult the current version of the Nevada Code of Judicial Conduct since the rules were changed by the Supreme Court (Administration Docket No. 413) following the issuance of this opinion.

JE07-009  Does a Nevada jurist violate judicial canons if he or she serves as a reference for a candidate for appointment to another judicial office?

JE07-010   Does a juvenile probation officer serving as a justice of the peace pro-tem violate judicial canons?

JE07-011   May a judge allow a television station to videotape an entire trial with the videotape to be posted to the television station's website for viewing by the general public?

JE07-012   May a judge become a member of a non-profit organization dedicated to advancing public dialogue on foreign relations through educational events?

JE08-001   May a judge serve on an advisory board related to the construction of a for profit enterprise, with or without compensation?

JE08-002   May a candidate for election to judicial office identify himself or herself as a member of a political party:  (i) in response to a request by the print media and/or broadcast media; (ii) in his or her campaign literature?

JE08-003    May a candidate for election to judicial office who is not presently serving in a judicial capacity on a full- or part-time basis continue to serve as an officer of a Bar Association?

JE08-004  1. Is a judge required to recuse from cases in which the judge's election opponent serves as attorney? 
                     2.  Is a judge required to recuse from cases in which another attorney from the opponent's firm serves as counsel for a party?

JE08-005   May a candidate for municipal court judge solicit and receive contributions for his or her re-election campaign beginning on a date within 120 days before the primary election but prior to the date upon which an opposition candidate files a declaration of candidacy?

JE08-006  1.  May a candidate for a district court seat refer to service as an alternate municipal judge in campaign materials?
                    2.  May a candidate who has served as an alternate municipal court judge wear a judicial robe in campaign materials?

JE08-007   May a senior judge attend a $500 per plate fund raising luncheon being held to support the reelection campaign of a judge?

JE08-008   May a judge write a review of several books on methamphetamine addiction with the understanding that any payment will be donated directly to a community drug counseling center?

JE08-009  1.  May a candidate for election to judicial office place campaign materials at a booth sponsored by a political party when the candidate knows that only judicial candidates who are members of that political party will be allowed to do so?
                   2.  May a candidate for election to judicial office accept an invitation to speak at an event sponsored by a political party when the invitation states that only judicial candidates who are registered members of that political party will be allowed to speak?

JE08-010 May the official website of a court, which provides information to self-represented individuals in family law matters, also list the names of attorneys with links to the attorneys' websites where the attorneys have volunteered in a program which offers self-represented individuals a free consultation with a lawyer regarding family law matters?

JE08-011  May a judge present a segment in the training of reserve officers on courtroom demeanor?

JE08-012    May a judge purchase space in a souvenir program for a charitable event to congratulate another judge who is being honored at the event  by a charitable  organization?

JE08-013   May a Nevada judge preside in a case involving substantive challenges to the validity of a proposed statute changing or an existing statute prescribing the rate for the tax on gross gaming revenue given the judge is related to persons who are not parties to the litigation but who are involved in certain transactions with or hold certain property interests associated with the operations of a licensed non-restricted gaming licensee?

JE08-014   May a judge preside over cases in adult guardianship court for attorneys who are tenants in a commercial building owned by the judge?

JE08-015    May a recently elected justice of the peace continue to serve on the Nevada Council for the Prevention of Domestic Violence?

JE08-016   May a judge host a television program on a public access channel featuring discussions by expert proponents on issues of state and local current public concern?

JE08-017  May a Retired Judge Subject to Recall be employed as an interpreter for courts and private attorneys?

2009

JE09-001   Is a judge required to disclose that current employees are using, or have used, a former court attorney to prepare wills and business documents?

JE09-002    May a Nevada district judge accept an appointment to serve on the board of directors of a non-profit organization that provides support services to victims of domestic violence, including a court advocacy program assisting victims with applications for temporary protection orders and stalking orders before the justice courts?

JE09-003    Must a Nevada justice of the peace decline and urge a family member residing in the judge's household to decline the monetary benefits from a public event for the purpose of raising funds to assist the judge and his family member in meeting the financial obligations for medical treatment for the family member's catastrophic illness?

JE09-004  May the chief judge of a justice court adopt and implement a case management procedure that effectively disqualifies a justice court judge of such court from presiding in domestic violence cases because the judge so disqualified was convicted of the misdemeanor offense of battery domestic violence?

JE09-005    May a Nevada district judge accept an appointment to serve as an honorary member of the board of directors of a non-profit organization in connection with events to focus public attention on the issue of modern slavery and human trafficking?

JE09-006   May a person continue in their office or employment while a candidate for judicial office if employed in a position of administrative prosecutorial authority by an agency, corporation or other public institution that is established by Nevada statute or court rule?

JE10-001  May a candidate for election to Nevada state judicial office accept a campaign contribution from a partisan political organization?

JE10-002   May a Nevada district judge speak or teach at a continuing professional education seminar or program and prepare written materials related to such presentation, for which the judge will be compensated, where the program is sponsored and conducted by a nonprofit organization that imposes and collects fees from program attendees?

JE10-003    May a state court judge agree to host a luncheon as an item that would be sold in a silent auction at the annual fund-raising dinner of a nonprofit research organization?

JE10-004   Are the District Judges of a particular Judicial District disqualified from or required to make disclosures and obtain consent in presiding in cases in which a party is represented by an attorney who is a member of, or associated with, the law firm that has been retained by such Judicial District?

JE10-005   May a judge conduct a "meet and greet" event in the privacy of his home for the benefit of a fellow judge who is seeking re-election?

JE10-006   May a judge conduct a mediation or settlement conference in a case pending before another judge in the same or another judicial district when requested or assigned to do so by the judge presiding over the case?

JE10-007   May a judge display a candidate support sign for another candidate for public office on his or her residential property or other property readily identified in the community as being owned by the judge?

JE10-008   May a judge serve on a committee created by a city for the purpose of assisting the city in drafting a ballot advisory question involving a proposed tax increase where the committee itself takes no position on the merits of the proposed tax increase?

JE10-009   Does a judge violate Canon 4 if the judge's spouse independently decides to display a support sign for a candidate for public office at the shared residence of the judge and spouse?

JE10-010    May a judge participate as a[n] unpaid volunteer in a community charitable or civic event where the judge does not engage in fundraising activities and while the judge is a candidate for judicial office?

JE10-011    May a District Judge use excess campaign funds to either (i) make contributions to the campaigns of other candidates for elective office; or, (ii) pay the expenses associated with attending public functions, membership fees in civic or professional organizations, communications with the public and for campaign staff support between elections?

JE10-012  May candidates for election or retention to various Nevada judicial offices participate in an invitation announcing a group campaign event sponsored by a law firm that solicits a minimum campaign contribution payable to a political action committee and suggests additional campaign contributions to an invitee's candidate(s) of choice?

JE10-013   May an incumbent Justice of the Peace who is retiring from his or her judicial office prior to the expiration of the term of such office accept an appointment to serve on a committee or panel that will evaluate and recommend to the appointing authority a  list of candidates for appointment to replace the retiring justice of the peace?

JE10-014  May a judge provide a reference letter for an applicant in a foster care licensing program where the reference seeks information on the applicant's character, behavior and experience with children?

JE10-015  May a judge use court resources to prepare and send a letter to jurors following their release from jury duty thanking them for their service and asking for input on improving the experience of jury service?

JE11-001 May a district judge preside in cases in which one of the parties is represented by an attorney or a member of the attorney's law firm if the attorney and the district judge were more than fifteen years prior in a romantic relationship and domestic partners?

JE11-002  May a judge provide a reference letter for a person whom the judge has known personally for years but with whom the judge has never worked?

JE11-003   May a judge submit a letter to the Nevada Legislature requesting continued State funding of a Family to Family Connection program operated through the Department of Health and Human Services?

JE11-004   May a judge use excess campaign funds after successful election to office to (1) purchase flags with the judge's name printed on them as "donor" for distribution during a parade; or (2) sponsor a children's sports team?

JE11-005   May a district judge be a candidate for election or re-election to the Board of Governors of the State Bar of Nevada, and if elected may the judge serve on such Board?

JE11-006   Is the Committee's Advisory Opinion No. JE11-005 applicable to a full-time district court hearing master?

JE11-007    May a judge serve as an appointed member on a multidisciplinary team organized pursuant to Senate Bill 66 (2011) and NRS 33.018 to review the death of the victim of a crime constituting domestic violence?

JE11-008    May a judge voluntarily provide written comments to the Parole Board regarding the release of a prisoner where the judge, prior to taking the bench, served as the district attorney that prosecuted the prisoner?

JE11-009     May a Nevada District Court Judge accept appointment as a volunteer Court Appointed Special Advocate or to serve on the Board of Directors of the CASA Foundation?

JE11-010     May a Nevada District Court Judge furnish a letter of recommendation for an individual who has applied to become a Court Appointed Special Advocate?

JE11-011    May a judge use excess campaign funds after successful election to office to purchase a home security system?

JE11-012     May a Justice of the Peace pro tempore testify as an expert witness based on the judge's background in law enforcement and corporate security?

JE11-013     May a continuing part-time Nevada Justice Court Judge undertake an engagement to represent a government, governmental agency or political subdivision of a government in connection with his or her private practice of law?

JE11-014      May a judge contact vendors or sponsors to seek donations, monetary or otherwise, to support the Nevada Judicial Leadership Summit program convened by the Supreme Court?