 | 1. Filing. The papers required or permitted to be filed with the
Nevada Commission on Judicial Discipline shall be filed with its clerk as
hereinafter provided by this rule. |
| a. Filing in general. Filing may be accomplished by mail addressed
to the Nevada Commission on Judicial Discipline at P.O. Box 48, Carson City,
Nevada 89702. Filing shall not be timely unless the papers are received by the
Commission within the time fixed for filing. |
| b. Number of copies required. When filing documents with the
Commission, it is necessary that you file one (1) original and nine (9)
photocopies. One file-stamped photocopy will be returned to the filing party.
|
| c. Service of all papers required. Copies of all papers filed by
any party at or before the time for filing, shall be served by a party or
person acting for that party on all other parties to the proceedings. Service
on a party represented by counsel shall be made on counsel. The complainant is
not a party to any proceeding. |
| d. Proof of service. Papers presented for filing shall contain an
acknowledgment of service by the persons served or proof of service in the
form of a statement of the date and manner of service and of the names of the
persons served, certified by the person who made service. Proof of service may
appear on or be affixed to the papers filed. The Commission may permit papers
to be filed without acknowledgment or proof of service but shall require such
to be filed promptly thereafter. The Commission will not take any action on
any such papers, including requests for ex parte relief, until an
acknowledgment or proof of service is filed. |
| e. Original signature and bar number required. All documents
submitted to the Commission for filing by a represented party shall include
the original signature of at least one (1) attorney of record who is an active
member of the bar of this State, and the address, telephone number, and State
Bar of Nevada identification number of the attorney and of any associate
attorney appearing for the party filing the paper. All documents submitted to
the Commission for filing by unrepresented parties shall include the original
signature of the party, and shall state the party's address and telephone
number. |
| f. Caption. The caption of all documents filed with the Commission
shall be styled as follows:
Attorney's Name [Top Left Margin]
Attorney's Firm Name
Bar Number
Street Address
City, State, Zip Code
Telephone Number
[2 line spaces]
Attorney for [Respondent or Commission]
[4 line spaces]
BEFORE THE JUDICIAL DISCIPLINE COMMISSION
[2 line spaces]
STATE OF NEVADA
[2 line spaces]
In the Matter of the _________________)
Honorable [RESPONDENT NAME],_____________)
[JUDGE TYPE, CITY, STATE],_______________)
Respondent. )CASE NO.__
|
|
| 2. Filing by Telephonic Transmission. Papers may be filed with the
Commission by means of telephone transmission as hereinafter provided by this
section. |
| a. Procedure. In all instances, counsel must first notify the
Commission of counsel's intention to transmit documents telephonically. Upon
receipt of the transmitted documents, the clerk shall file the transmitted
document. |
| b. Original---Service. In all cases where a document has been
telephonically transmitted and filed pursuant to this section, counsel must
file the original document with the Commission in the manner provided in
Procedure 1 within three judicial days of the date of the telephonic
transmission. Copies of all documents filed in accordance with this section
shall be served within the time and in the manner provided in Procedure 1(c).
The original shall be accompanied by proof of service on all parties as
required by Procedure 1(d). |
Procedure 2.
Motions.
1. Content of motions; response; reply. Unless another form is
elsewhere prescribed by the Administrative and Procedural Rules for the Nevada
Commission on Judicial Discipline, an application for an order or other relief
shall be made by filing a motion for such order or relief with proof of
service on all other parties. The motion shall contain or be accompanied by
any matter required by a specific provision of the Rules or these Procedures
governing such a motion, shall state with particularity the grounds on which
it is based, and shall set forth the order or relief sought. If a motion is
supported by briefs, affidavits or other papers, they shall be served and
filed with the motion. Any party may file a response in opposition to a motion
within ten (10) days after service of the motion. The Commission may shorten
or extend the time for responding to any motion. A reply to the opposition to
a motion shall be filed within three (3) days. Upon the expiration of the time
period as specified in this procedure or such other time periods as the
Commission may order, motions shall be deemed submitted to the Commission.
Decisions on motions shall be made without oral argument unless otherwise
ordered by the Commission.
2. Form of papers; number of copies. All papers relating to motions
may be typewritten. Nine (9) copies shall be filed with the original.
3. Motions that may cause a delay in the hearing. Any motion which
by its nature could result in continuing or delaying any scheduled hearing
must be filed at least 10 days prior to the date set for the hearing.
Opposition to the motion must be filed within 3 days after service of the
motion. The motion shall stand submitted upon expiration of the time periods
specified herein.
Procedure 3.
Extensions of Time.
1. Extensions of time. Extensions of the time limits set forth in these
Procedures or the Administrative and Procedural Rules (ARJD) may be granted by
the General Counsel/Executive Director of the Commission for good cause shown.
Procedure 4.
Reconsideration.
1. Reconsideration. Requests for reconsideration of dismissed complaints
shall be handled administratively by the Commission's General Counsel/Executive
Director. Unless additional facts and circumstances are alleged which in the
opinion of the General Counsel require reconsideration of the dismissed
complaint by the Commission, the matter may be dismissed administratively
without the necessity of placing it on the Commission's agenda.
Procedure 5.
Complaints by Executive Director.
1. Complaints by Executive Director. When information is received by the
Executive Director from which a reasonable inference can be drawn that a judge
may have committed misconduct or is incapacitated, the Executive Director shall
file with the Commission a written statement setting forth the information. The
statement may be filed on the Commission's standard complaint form but need not
be under oath. The Commission shall process a complaint by the Executive
Director in the same manner as any other complaint.
Procedure 6.
Challenges for Cause
1. Procedure for disqualifying a commissioner. Any party
to a commission proceeding who seeks to disqualify a commissioner for actual
or implied bias or prejudice or other cause, must file an affidavit specifying
the facts upon which the disqualification is sought. The affidavit of a party
represented by an attorney, must be accompanied by a certificate of the
attorney of record that the affidavit is filed in good faith and not
interposed for delay. The affidavit must be filed:
a. Not less than 30 days before the date set for a hearing of the case; or
b. Not less than 10 days before the date set for consideration of any pretrial
matter.
2. When the affidavit is filed at the commission office, a copy will be
forwarded to the commissioner sought to be disqualified.
3. The commissioner against whom an affidavit alleging bias or prejudice or
other cause is filed, shall proceed no further with the matter and shall:
a. File a written answer with the clerk of the commission within five (5 )
days after receipt of the affidavit, admitting or denying any or all of the
allegations contained in the affidavit and setting forth any additional facts
which bear on the question of their disqualification.
4. The question of the commissioner's disqualification must thereupon be heard
and determined by the commission in accordance with Rule 3(6) of the
Administrative and Procedural Rules for the Nevada Commission on Judicial
Discipline.
