IV.  Procedure in Cases of Judicial Misconduct Prior to Finding of Probable Cause

Rule 10.  Initiation of Procedure.
1. Except as provided in subsections 2 and 3, initial complaints of judicial misconduct must be made in writing upon oath or declaration under penalty of perjury and may be made by the person complaining. Such a complaint must contain facts which, if true, would establish grounds for discipline as set forth in NRS 1.4653.

2. A complaint may be initiated by information in any form from any source received by the commission that alleges or from which a reasonable inference can be drawn that a judge committed misconduct or is incapacitated. If there is no written complaint from another person, the Executive Director of the commission may file a complaint.

3. In exceptional circumstances, in which the commission has substantial reason to believe that a complainant may in likelihood suffer untoward risk of embarrassment, harassment, or other detrimental consequences, the commission may on request, authorize its executive officer to sign and swear to a complaint on information and belief, in the complainant's stead.

4. A complaint will be reviewed by staff to ensure that it meets the minimum requirements as required by statute. Except for complaints filed by the executive director, all complaints shall be sworn or declared under penalty of perjury. Complaints that do not meet the statutory requirements may be dismissed administratively by staff.

5. All complaints shall be reviewed by the commission to determine whether they state facts, which if true, establish grounds for discipline as set forth in Nevada Revised Statutes.

6. The commission may either dismiss the complaint or authorize an investigation.

Rule 11.  Investigation.
1. The commission staff may perform minimal investigation as may be necessary to enable the commission to properly review a complaint.

2. A full investigation may not commence without commission authorization.

3. After an investigation is authorized by the commission, the executive director shall hire an investigator or investigators as necessary to properly carry out the duties of the commission. Once an investigation is authorized, it shall be directed by the executive director.

4. Investigation is not limited to the matter raised in the complaint. It may encompass any matters either raised in the complaint or disclosed during the investigative process. When matters that are totally unrelated to the issues raised in the complaint are uncovered, they shall not be investigated without first receiving commission approval.

Rule 12.  Determination to require an answer.
1. The commission shall review all reports of the investigation to determine whether there is sufficient reason to require the respondent to answer. If there is insufficient reason to proceed, the commission may dismiss a complaint with or without a letter of caution. A cautionary letter is not to be considered an event of discipline. The commission may take into consideration a dismissal with a letter of caution in subsequent complaints against a respondent when considering the appropriate discipline to be imposed.

2. If the commission determines it could in all likelihood make a determination that there is a reasonable probability the evidence available for introduction at a formal hearing could clearly and convincingly establish grounds for disciplinary action, it shall require the respondent named in the complaint to respond.

3. The commission shall serve the complaint upon the respondent who shall have 30 days in which to respond to the complaint. Failure of the respondent to answer the complaint shall be deemed an admission that the facts alleged in the complaint are true and establish grounds for discipline.

4. In preparing to oppose a determination of probable cause, the respondent has the right to inspect all records of the commission relating to the disciplinary action against the respondent and to be fully advised as to the contents of the administrative record considered by the commission determining that there was sufficient reason for probable cause. Privileged communications and work product of the commission's counsel are not subject to inspection. To the extent practicable, the respondent shall be supplied with all records of the commission subject to inspection along with service of the complaint.

5. Amendment of allegations in the complaint, prior to a finding of probable cause, may be permitted by the commission. The respondent shall be given notice of any amendments, and additional time as may be necessary to respond to the complaint.

6. The commission investigator may compel by subpoena the attendance of witnesses and the production of pertinent books, papers and documents for purposes of investigation. Subpoenas must be issued by the executive director of the commission in the same manner as subpoenas are issued by clerks in the district courts of this state.

Rule 13.  Finding of probable cause.
1. Based upon the complaint and all relevant evidence presented in the reports of any investigation conducted by the commission or referred to in documents and memoranda in the respondent's response and supporting documents, the commission shall make a finding of whether there is a reasonable probability the evidence available for introduction at a formal hearing could clearly and convincingly establish grounds for disciplinary action against the justice or judge named in the complaint.

2. If the commission makes a finding that such a reasonable probability does not exist, the commission shall dismiss the complaint. The commission may issue a letter of caution accompanying its dismissal.

3. A finding of probable cause authorizes the executive director to designate a prosecuting attorney who must sign under oath a formal statement of charges against the justice or judge.