[These statutes were revised effective January 1, 2010. 
This site has been updated to reflect those changes.]

Nevada Revised Statutes Governing the Commission

CHAPTER 1

JUDICIAL DEPARTMENT GENERALLY

COMMISSION ON JUDICIAL DISCIPLINE

General Provisions

NRS 1.425 Definitions.
NRS 1.4253  "Admonish" defined.
NRS 1.4257  "Censure" defined.
NRS 1.426 "Commission" defined.
NRS 1.4263 "Complaint" defined.
NRS 1.4267  "Formal statement of charges" defined.
NRS 1.427 "Incapacitated" defined.
NRS 1.428 "Judge" defined.
NRS 1.429 "Justice" defined.
NRS 1.4291 "Letter of caution" defined.
NRS 1.4292 "Removal" defined.
NRS 1.4293 "Remove" defined.
NRS 1.4294  "Reprimand" defined.
NRS 1.4295 "Special counsel" defined.
NRS 1.4296 "Suspend" defined.
NRS 1.430 Compensation of members and employees.
NRS 1.440 Jurisdiction over judges; appointment of justices of the peace and municipal judges to commission.
NRS  1.445  Appointment of alternate members to Commission.
NRS  1.450 Assistants; witnesses; expenses.
NRS 1.460 Public officers and employees to cooperate with commission; service of process.
NRS   1.462  Proceedings before Commission; applicable rules.
NRS  1.464  Reports:  Annual, biennial; contents; confidentiality.
NRS 1.465 Immunity.

Proceedings Concerning Disciplinary Action or Removal From Office

NRS 1.4653 Circumstances under which justice or judge may be disciplined or retired.
NRS 1.4655  Commencement of inquiry regarding alleged misconduct or incapacity of judge; time limitation for considering complaints; certain action required.
NRS 1.4657  Required actions upon receipt of complaint; letter of caution.
NRS 1.466  Issuance and enforcement of subpoenas.
NRS 1.4663  Appointment of investigator; designation of special counsel; conduct, scope and written report of investigation.
NRS  1.4665  Procedures for allegation of incapacity; informal resolution of complaint relating to incapacity; medical, psychiatric or psychological testing by physician; burden of proof.
NRS 1.4667  Review of report of investigation; letter of caution; judge to respond to complaint under certain circumstances.
NRS 1.467  Finding of whether reasonable probability of grounds for disciplinary action exists required; letter of caution; deferred discipline agreement; procedure when reasonable probability is found to exist.
NRS 1.4673  Hearing on formal statement of charges; procedure; actions after formal hearing on charges.
NRS 1.4675  Circumstances under which judge may be suspended with or without pay; hearing; appeal.
NRS 1.4677  Forms of discipline.
NRS 1.468  Deferral of formal disciplinary action.
NRS 1.4681  Extension of time limitations on disciplinary action; computation; prima facie evidence of unreasonable delay.
NRS 1.4683  Confidentiality of proceedings and information and materials related to proceedings; issuance of explanatory statements; disclosure of certain information.
NRS 1.4685  Breach of confidentiality punishable as contempt.
NRS 1.4687  Public access to formal statement of charges and certain other records; open hearings; private deliberative sessions; certain records privileged.
NRS 1.469  Authorized statements by Commission when subject matter becomes public.
NRS 1.4693  Authorized disclosures by person who files complaint and person who gives testimony.
NRS  1.4694  Rules to be adopted to provide for disposition of complaint or formal statement of charges.
NRS 1.4695 Rules to be adopted to establish privileged status of certain communications.
 

COMMISSION ON JUDICIAL DISCIPLINE

General Provisions

NRS CROSS REFERENCES.

Composition, terms and duties of commission, Const. Art. 6 21

NEVADA CASES.  

Confidentiality of proceedings of commission; charges against judge are to be made public only upon finding by commission of probable cause. Confidentiality of proceedings of commission on judicial discipline (see A.R.J.D. 5) is given first priority under mandate of Nev. Art. 6 21 that supreme court shall make appropriate rules for confidentiality of all proceedings before commission, except decision to censure, retire or remove justice or judge. Supreme court has determined that such proceedings will be made public upon finding by commission after scheduled hearing that probable cause exists for disciplinary action (see A.R.J.D. 16). In adopting A.R.J.D. 16, supreme court has assured that every time commission determines that there is probable cause to believe that clear and convincing evidence could supply evidentiary basis for imposing discipline, public will be made aware of full extent of charges against judge. (See NRS 1.425 et seq.) Whitehead v. Commission on Judicial Discipline, 111 Nev. 70, 893 P.2d 866 (1995)

Challenge to jurisdiction of commission filed with supreme court before finding of probable cause remains confidential. Since proceedings before commission on judicial discipline are confidential until commission determines that probable cause for disciplinary action exists (see Nev. Art. 6, 21 and A.R.J.D. 5 and 16), petition for writ of mandamus or prohibition challenging jurisdiction or jurisdictional excesses of commission (see A.R.J.D. 40) which is filed with supreme court after finding of probable cause would not be confidential. However, jurisdictional challenge filed with supreme court before finding of probable cause would merely shift proceedings, temporarily, from commission to supreme court and, therefore, would remain confidential. (See NRS 1.425 et seq.) Whitehead v. Commission on Judicial Discipline, 111 Nev. 70, 893 P.2d 866 (1995)

In absence of dismissal of complaint against judge, commission must determine whether or not probable cause exists; effect of determination. Pursuant to Nev. Art. 6, 21, commission on judicial discipline, after preliminary investigation of complaint against judge, shall either dismiss matter or order hearing. In support of constitutional mandate, supreme court adopted A.R.J.D. 15 which, in absence of dismissal, requires commission to make finding whether or not probable cause exists. Therefore, if commission determines either that basis for finding of probable cause does not exist or, after hearing to determine probable cause (see A.R.J.D. 14), that there is lack of probable cause to proceed, commission must dismiss complaint, thereby preserving confidentiality of proceedings and reputation of judge. On other hand, if commission finds existence of probable cause, A.R.J.D. 16 requires that formal statement of charges must be prepared and filed as public document. (See NRS 1.425 et seq.) Whitehead v. Commission on Judicial Discipline, 111 Nev. 70, 893 P.2d 866 (1995)

             

 

 


Last Updated: 05/15/13 09:44:19 AM