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 1.426 to 1.429, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1995, 800; A 1997, 1094)

NRS 1.426 "Commission" defined. "Commission" means the commission on judicial discipline.
(Added to NRS by 1997, 1087)

NRS 1.427 "Incapacitated" defined. "Incapacitated" means unable to perform the duties of his office because of advanced age or mental or physical disability.
(Added to NRS by 1997, 1087)

NRS 1.428 "Judge" defined. "Judge" means:
1. A judge of the district court;
2. A judge of the municipal court;
3. A justice of the peace; and
4. Any other officer of the judicial branch of this state, whether or not he is an attorney, who presides over judicial proceedings, including, but not limited to, a magistrate, court commissioner, special master or referee.
Added to NRS by 1997, 1087)

NRS 1.429 "Justice" defined. "Justice" means a justice of the supreme court of the State of Nevada.
(Added to NRS by 1997, 1088)

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)

[Amended effective October 1, 2005.]  NRS 1.440 Jurisdiction over justices of the peace and municipal judges; appointment of justices of the peace and municipal judges to commission.

1. The Commission has exclusive jurisdiction over the 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. The Supreme Court shall appoint two justices of the peace or 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)

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)

NEVADA CASES.

Under former provisions of section, attorney general would not be constitutionally barred from defending certain lawsuits against commission or its members for tortious activity. Under former provisions of NRS 1.450 which required attorney general, upon request of commission on judicial discipline, to act as its counsel in any investigation or proceeding of commission, attorney general would not have been constitutionally barred from defending lawsuit if one were filed against commission or its members for tortious activity, so long as it did not involve commission's constitutional mandate to hear and decide complaints of misconduct against judges. (See Nev. Art. 3, § 1 and Art. 6, § 21.) Whitehead v. Commission on Judicial Discipline, 110 Nev. 874, 878 P.2d 913 (1994)
Commission on judicial discipline must use independent counsel, not attorney general, to perform both advisory and prosecutorial functions for commission in proceedings relating to judicial discipline. Former provisions of NRS 1.450 which required attorney general, upon request of commission on judicial discipline, to act as its counsel in any investigation or proceeding of commission, could not be read as permitting attorney general to represent commission in matters relating to specific cases of judicial discipline or to act as both legal adviser to commission and prosecutor of complaints relating to judicial discipline. Commission must use independent counsel to perform both advisory and prosecutorial functions for commission in proceedings relating to judicial discipline. (See Nev. Art. 3, § 1 and Art. 6, § 21.) Whitehead v. Commission on Judicial Discipline, 110 Nev. 874, 878 P.2d 913 (1994)
Former provisions of section were constitutional insofar as they permitted commission to request official legal opinions of attorney general in matters unrelated to judicial discipline. Former provisions of NRS 1.450 which required attorney general, upon request of commission on judicial discipline, to act as its counsel in any investigation or proceeding of commission, were constitutional insofar as they permitted commission to request official legal opinions of attorney general in matters unrelated to judicial discipline, but could not constitutionally be read as authorizing attorney general to act as counsel to commission or as prosecutor in proceedings relating to judicial discipline. (See Nev. Art. 3, § 1 and Art. 6, § 21.) Whitehead v. Commission on Judicial Discipline, 110 Nev. 874, 878 P.2d 913 (1994)
Involvement by attorney general in process of judicial discipline before commission creates conflict of interest. Involvement by attorney general in process of judicial discipline before commission on judicial discipline creates conflict of interest in that: (1) if attorney general had free access to confidential information in possession of commission, potential would exist for improper and even political use of that information, thereby compromising independence of judges and appearance of impartial tribunal; (2) attorney general is official legal representative of judges and justices in this state and cannot, by nature of that office, engage in noncriminal prosecution of judges and justices he represents as counsel; and (3) attorney general acting as both legal counsel to commission and as prosecutor of complaints relating to judicial discipline is unfair to accused judges who are required to appear before commission. Adjudicative functions must be kept separate from prosecutive functions, because roles of prosecutor and adviser are inconsistent and ought not be embodied in single person, because separation of such functions is crucial to perception of fairness. (See NRS 1.450 and Nev. Art. 6, § 21.) Whitehead v. Commission on Judicial Discipline, 110 Nev. 874, 878 P.2d 913 (1994)

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 1.465 Immunity.
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. 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; and
    (b) A person who gives testimony at a public hearing held by the commission pursuant to NRS 1.467.

(Added to NRS by 1995, 800; A 1997, 1094)