Constitutional Provisions Governing the Commission

Art. 6 § 21

CONSTITUTION OF THE STATE OF NEVADA

Sec. 21.   Commission on judicial discipline; code of judicial conduct.
                [Effective November 25, 1998]

1.    A justice of the supreme court, a district judge, a justice of the peace or a municipal judge may, in addition to the provision of article 7 for impeachment, be censured, retired, removed or otherwise disciplined by the commission on judicial discipline. Pursuant to rules governing appeals adopted by the supreme court, a justice or judge may appeal from the action of the commission to the supreme court, which may reverse such action or take any alternative action provided in this subsection.

2.    The commission is composed of :
        a. Two justices or judges appointed by the supreme court;
        b. Two members of the State Bar of Nevada, a public corporation created by statute, appointed by its board of governors; and
        c. Three persons, not members of the legal profession, appointed by the governor.

The commission shall elect a chairman from among its three lay members.

3.    If at any time the State Bar of Nevada ceases to exist as a public corporation or ceases to include all attorneys admitted to practice before the courts of this state, the legislature shall provide by law, or if it fails to do so the court shall provide by rule, for the appointment of attorneys at law to the positions designated in this section to be occupied by members of the State Bar of Nevada.

4.    The term of office of each appointive member of the commission, except the first members, is 4 years. Each appointing authority shall appoint one of the members first appointed for a term for 2 years. If a vacancy occurs, the appointing authority shall fill the vacancy for the unexpired term. An appointing authority shall not appoint more than one resident of any county. The governor shall not appoint more than two members of the same political party. No member may be a member of a commission on judicial selection.

5.    The legislature shall establish:

    a.      In addition to censure, retirement and removal, the other forms of disciplinary action that the commission may impose;
    b.     The grounds for censure and other disciplinary action that the commission may impose, including, but not limited to, violations of the provisions of the code of judicial conduct;
    c.     The standards for the investigation of matters relating to the fitness of a justice or judge; and
    d.     The confidentiality or nonconfidentiality, as appropriate, of proceedings before the commission, except that, in any event, a decision to censure, retire or remove a justice or judge must be made public.

6. The supreme court shall adopt a code of judicial conduct.

7. The commission shall adopt rules of procedure for the conduct of its hearings and any other procedural rules it deems necessary to carry out its duties.

8. No justice or judge may by virtue of this section be:
    a. Removed except for willful misconduct, willful or persistent failure to perform the duties of his office or habitual intemperance; or
    b. Retired except for advanced age which interferes with the proper performance of his judicial duties, or for mental or physical disability which prevents the proper performance of his judicial duties and which is likely to be permanent in nature.

9. Any matter relating to the fitness of a justice or judge may be brought to the attention of the commission by any person or on the motion of the commission. The commission shall, after preliminary investigation, dismiss the matter or order a hearing to be held before it. If a hearing is ordered, a statement of the matter shall be served upon the justice or judge against whom the proceeding is brought. The commission in its discretion may suspend a justice or judge from the exercise of his office pending the determination of the proceedings before the commission. Any justice or judge whose removal is sought is liable to indictment and punishment according to law. A justice or judge retired for disability in accordance with this section is entitled thereafter to receive such compensation as the legislature may provide.

10. If a proceeding is brought against a justice of the supreme court, no justice of the supreme court may sit on the commission for that proceeding. If a proceeding is brought against a district judge, no district judge from the same judicial district may sit on the commission for that proceeding. If a proceeding is brought against a justice of the peace, no justice of the peace from the same township may sit on the commission for that proceeding. If a proceeding is brought against a municipal judge, no municipal judge from the same city may sit on the commission for that proceeding. If an appeal is    taken from an action of the commission to the supreme court, any justice who sat on the commission for that proceeding is disqualified from participating in the consideration or decision of the appeal. When any member of the commission is disqualified by this subsection, the supreme court shall appoint a substitute from among the eligible judges.

11. The commission may:
    a. Designate for each hearing an attorney or attorneys at law to act as counsel to conduct the proceeding;
    b. Summon witnesses to appear and testify under oath and compel the production of books, papers, documents and records;
    c. Grant immunity from prosecution or punishment when the commission deems it necessary and proper in order to compel the giving of testimony under oath and the production of books, papers, documents and records; and
    d. Exercise such further powers as the legislature may from time to time confer upon it.

[Added in 1975 and amended in 1994. The addition was proposed and passed by the 1973 legislature; agreed to and passed by the 1975 legislature; and approved and ratified by the people at the 1976 general election. See: Statutes of Nevada 1973, p. 1956; Statutes of Nevada 1975, p. 1932. The amendment was proposed and passed by the 1991 legislature; agreed to and passed by the 1993 legislature; and approved and ratified by the people at the 1994 general election. See: Statutes of Nevada 1991, p. 2590; Statutes of Nevada 1993, p. 2969.] - (Amendment proposed and passed by the 1995 legislature and agreed to and passed by the 1997 legislature; effective November 25, 1998.)