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III. Jurisdiction and Grounds for Discipline
Rule 8. Grounds for discipline.
The jurisdiction of the
commission extends to all sitting justices and judges, including senior or
part-time judges, and anyone whether or not a lawyer who is an officer of a
judicial system and who performs judicial functions, including an officer such
as a magistrate, court commissioner, special master or referee. In the absence
of fraud or bad faith occurring in the commission of an act constituting a
ground for discipline set forth in NRS 1.4653, the commission shall take no
action against a judge for making findings of fact, reaching a legal conclusion,
expressing views of law or policy in a judicial opinion, or otherwise declaring
or applying the law in the course of official duties. The commission
shall not review or base charges upon differences of opinion between
judges as to matters of law, or as to other issues committed to judicial or
administrative discretion. Claims of error shall be left to the appellate
process.
Rule 9.
Suspension.
1. The commission may
suspend a justice or
judge from the exercise
of the office in
accordance with NRS
1.4675 and NRS
1.4677(2).
2. The commission shall give the respondent 7
days' notice of its intention to suspend. The justice or judge may submit
documents in opposition to suspension which shall be considered by the
commission. A hearing may be granted upon request of the respondent in the sole
discretion of the commission.
3. A respondent suspended under these rules
may apply to the Nevada supreme court for reconsideration of the order in
accordance with the rules and procedures established by that court.
4. The commission shall promptly file a
certified copy of the notice of suspension with the clerk of the supreme court.
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Last Updated:
08/01/08 09:12:46 AM
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