Judicial Discipline Procedures


Procedure 1.

Filing and Service.

  • 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.

         

 

 


Last Updated: 10/05/06 08:15:40 AM