(A) The
provisions of the Code
apply to all judges
except as provided in
Parts II through IV of
this section with
respect to three
distinct categories of
part-time judges. The
three categories of
judicial service in
other than a full-time
capacity are
necessarily defined in
general terms because
of the widely varying
forms of judicial
service. Canon 4
applies to judicial
candidates.
(B) A
judge, within the
meaning of this Code,
is anyone who is
authorized to perform
judicial functions,
including an officer
such as a magistrate,
court commissioner,
special master, or
referee.
Administrative law
judges and hearing
officers of state
agencies are not
judges within the
meaning of this Code.
A retired
judge subject to
recall for service,
who by law is not
permitted to practice
law, is not required
to comply at any time
with Rule 3.8
(Appointments to
Fiduciary Positions),
Rule 3.9 (Service as
Arbitrator or
Mediator), and Rule
3.15(A)(1) (Reporting
Requirements).
(A) A
continuing part-time
judge is a judge who
serves repeatedly on a
part-time basis by
election or under a
continuing
appointment, including
a retired judge
subject to recall for
service who is
permitted to practice
law.
(B) A
continuing part-time
judge is not required
to comply:
(1) except
while serving as a
judge, with Rules
2.10(A), 2.10(B), and
2.10(C) (Judicial
Statements on Pending
and Impending Cases);
(2) except
while serving as a
judge or when a
judicial candidate
with Rules 4.1(A)(6),
4.1(A)(7), 4.1(A)(11),
4.1(A)(12),
4.1(A)(13), and 4.1(B)
(Political and
Campaign Activities of
Judges and Judicial
Candidates in
General); or
(3) at any
time with:
(a) Rule
3.4 (Appointments to
Governmental
Positions);
(b) Rule
3.8 (Appointments to
Fiduciary Positions);
(c) Rule
3.9 (Service as
Arbitrator or
Mediator);
(d) Rule
3.10 (Practice of
Law);
(e) Rule
3.11(B) (Financial,
Business, or
Remunerative
Activities);
(f) Rule
3.15(A)(1) (Reporting
Requirements); and
(g) Rule
4.1(A)(1) to (4)
(Political and
Campaign Activities of
Judges and Judicial
Candidates in
General).
(C) A
continuing part-time
judge shall not
practice law in the
court on which the
judge serves or in any
court subject to the
appellate jurisdiction
of the court on which
the judge serves, and
shall not act as a
lawyer in a proceeding
in which the judge has
served as a judge or
in any other
proceeding related
thereto.
[1] When a
person who has been a
continuing part-time
judge is no longer a
continuing part-time
judge, including a
retired judge no
longer subject to
recall for service,
that person may act as
a lawyer in a
proceeding in which he
or she has served as a
judge or in any other
proceeding related
thereto only with the
informed consent of
all parties and
pursuant to Rule
1.12(a) of the Nevada
Rules of Professional
Conduct.
(A) A pro
tempore part-time
judge is a judge who
serves or expects to
serve sporadically on
a part-time basis
under a separate
appointment for each
period of service or
for each case heard.
(B) A pro
tempore part-time
judge is not required
to comply:
(1) except
while serving as a
judge, with:
(a) Rules
2.10(A), 2.10(B), and
2.10(C) (Judicial
Statements on Pending
and Impending Cases);
(b) Rule
2.14 (Disability and
Impairment);
(c) Rule
2.15 (Responding to
Judicial and Lawyer
Misconduct); and
(d)
Rule 3.3 (Testifying
as a Character
Witness);
(2) except
while serving as a
judge or when a
judicial candidate
with Rules 4.1(A)(6),
4.1(A)(7), 4.1(A)(11),
4.1(A)(12),
4.1(A)(13), and 4.1(B)
(Political and
Campaign Activities of
Judges and Judicial
Candidates in
General); or
(3) at any
time with:
(a) Rules
3.1(B) and 3.1(D)
(Extrajudicial
Activities in
General);
(b) Rule
3.2 (Appearances
Before Governmental
Bodies and
Consultation with
Government Officials);
(c) Rule
3.4 (Appointments to
Governmental
Positions);
(d) Rule
3.7(A) (Participation
in Educational,
Religious, Charitable,
Fraternal, or Civic
Organizations and
Activities);
(e) Rule
3.8 (Appointments to
Fiduciary Positions);
(f) Rule
3.9 (Service as
Arbitrator or
Mediator);
(g) Rule
3.10 (Practice of
Law);
(h) Rules
3.11(B), 3.11(C)(2),
and 3.11(C)(3)
(Financial, Business,
or Remunerative
Activities);
(i) Rule
3.13 (Acceptance and
Reporting of Gifts,
Loans, Bequests,
Benefits, or Other
Things of Value);
(j) Rule
3.14(C) (Reimbursement
of Expenses and
Waivers of Fees or
Charges);
(k) Rule
3.15 (Reporting
Requirements);
(l) Rules
4.1(A)(1) to (4)
(Political and
Campaign Activities of
Judges and Judicial
Candidates in
General); and
(m) Rule
4.5(A) (Activities of
Judges Who Become
Candidates for
Nonjudicial Office).
(C) A
person who has been a
pro tempore part-time
judge shall not act as
a lawyer in a
proceeding in which
the judge has served
as a judge or in any
other proceeding
related thereto,
except as otherwise
permitted by Rule
1.2(a) of the Nevada
Rules of Professional
Conduct.
A person
to whom this Code
becomes applicable
shall comply
immediately with its
provisions, except
that those judges to
whom Rules 3.8
(Appointments to
Fiduciary Positions)
and 3.11 (Financial,
Business, or
Remunerative
Activities) apply
shall comply with
those Rules as soon as
reasonably possible,
but in no event later
than one year after
the Code becomes
applicable to the
judge.
In the event
of conflict between
the provisions of this
Code and any statutes
covering the same
subject matter,
activities, or
reports, the terms of
this Code shall
prevail.
