Proceedings Concerning Disciplinary Action or Removal From Office

NRS 1.4653 Circumstances under which justice or judge may be disciplined or retired.
1. The commission may remove, censure or impose other forms of discipline on a justice or judge if the commission determines that the justice or judge:
    (a)  Has committed willful misconduct;
    (b)  Has willfully or persistently failed to perform the duties of his office; or
    (c)  Is habitually intemperate.
A justice or judge removed pursuant to this subsection may not, unless the supreme court overturns the removal upon appeal, thereafter seek or hold judicial office within this state.
2. The commission may censure or impose other forms of discipline on a justice or judge if the commission determines that the justice or judge has violated one or more of the provisions of the Nevada Code of Judicial Conduct in a manner that is not knowing or deliberate.
3. The commission may retire a justice or judge if the commission determines that:
    (a)  The advanced age of the justice or judge interferes with the proper performance of his judicial duties; or
    (b)  The justice or judge suffers from a mental or physical disability that prevents the proper performance of his judicial duties and is likely to be permanent in nature.
4. As used in this section:
    (a)  "Habitual intemperance" means the chronic, excessive use of alcohol or another substance that affects mental processes, awareness or judgment.
    (b) "Willful misconduct" includes:
        (1)  Conviction of a felony or of a misdemeanor involving moral turpitude;
        (2)  A knowing or deliberate violation of one or more of the provisions of the Nevada Code of Judicial Conduct;
        (3)  A knowing or deliberate act or omission in the performance of judicial or administrative duties that:
            (I)  Involves fraud or bad faith or amounts to a public offense; and
            (II)  Tends to corrupt or impair the administration of justice in a judicial proceeding; and
        (4)  Knowingly or deliberately swearing falsely in testimony before the commission or in documents submitted under oath to the commission.
(Added to NRS by 1997, 1088)

NRS 1.4655 Commencement of inquiry regarding alleged misconduct or incapacity of justice or judge; certain information received to be deemed complaint.
1. The commission may begin an inquiry regarding the alleged misconduct or incapacity of a justice or judge upon the receipt of:
    (a)  A written, sworn complaint from any person which alleges that the justice or judge has committed misconduct or is incapacitated; or
    (b)  Information from any source and in any format, from which the commission may reasonably infer that the justice or judge may have committed misconduct or be incapacitated.

2. For the purposes of further inquiry and action by the commission, information described in paragraph (b) of subsection 1 shall be deemed to be a complaint upon motion of the commission.

(Added to NRS by 1997, 1088)

NRS 1.4657 Required actions upon receipt of complaint.

1. The commission shall, in accordance with its procedural rules, examine each complaint that it receives pursuant to NRS 1.4655 to determine whether the complaint contains allegations which, if true, would establish grounds for discipline pursuant to NRS 1.4653.

2. If the commission determines that a complaint does not contain such allegations, the commission shall dismiss the complaint.

3. If the commission determines that a complaint does contain such allegations, the commission shall authorize further investigation to be conducted in accordance with NRS 1.466.

(Added to NRS by 1997, 1089)

NRS 1.466 Issuance and enforcement of subpoenas.
1. During any stage of a disciplinary proceeding, including, but not limited to, an investigation to determine probable cause and a formal hearing, the commission may issue a subpoena to compel the attendance or testimony of a witness or the production of any relevant materials, including, but not limited to, books, papers, documents, records, photographs, recordings, reports and tangible objects.

2. If a witness refuses to attend, testify or produce materials as required by the subpoena, the commission may, in accordance with its procedural rules, hold the witness in contempt and impose a reasonable penalty to enforce the subpoena.

3. If a witness continues to refuse to attend, testify or produce materials as required by the subpoena, the commission may report to the district court by petition, setting forth that:
    (a)  Due notice has been given of the time and place of attendance or testimony of the witness or the production of materials;
    (b)  The witness has been subpoenaed by the commission pursuant to this section; and
    (c)  The witness has failed or refused to attend, testify or produce materials as required by the subpoena before the commission, or has refused to answer questions propounded to him, and asking for an order of the court compelling the witness to attend, testify or produce materials before the commission.

4. Upon receipt of such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why he has not attended, testified or produced materials before the commission. A certified copy of the order must be served upon the witness.

5. If it appears to the court that the subpoena was regularly issued by the commission, the court shall enter an order that the witness appear before the commission at a time and place fixed in the order and testify or produce materials, and that upon failure to obey the order the witness must be dealt with as for contempt of court.

(Added to NRS by 1997, 1090)

NRS 1.4663 Investigation: Appointment and powers of investigator; conduct and scope; written report.
1.    If the commission determines pursuant to NRS 1.4657 that a complaint contains allegations which, if true, would establish grounds for discipline pursuant to NRS 1.4653, the commission shall assign or appoint an investigator to conduct an investigation to determine whether the allegations have merit.

2.    Such an investigation must be conducted in accordance with procedural rules adopted by the commission and may extend to any matter that is, in the determination of the commission, reasonably related to an allegation of misconduct or incapacity contained in the complaint.

3.    An investigator assigned or appointed by the commission to conduct an investigation pursuant to this section may, for  the purpose of investigation, compel by subpoena on behalf of the commission the attendance of witnesses and the      production of necessary materials as set forth in NRS 1.466.

4.    At the conclusion of the investigation, the investigator shall prepare a written report of the investigation for review by the commission.

(Added to NRS by 1997, 1098)

NRS 1.4665 Informal resolution of complaint relating to incapacity; medical, psychiatric or psychological testing by physician; procedure when unable to resolve complaint informally.
1. If a complaint received by the commission alleges that a justice or judge is incapacitated, the commission shall, after examining the complaint and conducting an investigation pursuant to NRS 1.4657 and 1.4663, attempt to resolve the matter informally. In attempting to resolve the matter informally, the commission may request that the justice or judge named in the complaint submit to medical, psychiatric or psychological testing by a physician licensed to practice medicine in this state who is selected by the commission.

2. If the commission is unable to resolve the matter informally pursuant to subsection 1, the commission shall:
    (a)  Proceed as set forth in NRS 1.4667, 1.467 and 1.4673. If the matter proceeds to the point at which the prosecuting attorney files a statement of formal charges pursuant to NRS 1.467 and the justice or judge named in the complaint denies all or part of those charges, the commission shall deem such a denial to be consent on the part of the justice or judge to submit to medical, psychiatric or psychological testing by a physician licensed to practice medicine in this state who is selected by the commission.
    (b)  Unless the justice or judge has retained counsel at his own expense, appoint an attorney to represent the justice or judge at public expense.

3. The findings of a physician appointed by the commission pursuant to this section are not privileged communications.

4. The provisions of this section do not prohibit a justice or judge from having legal counsel and a physician of his choice present at a medical, psychiatric or psychological examination conducted pursuant to this section.

5. The commission shall adopt procedural rules to carry out the provisions of this section.

(Added to NRS by 1997, 1089)

NRS 1.4667 Review of report of investigation required; justice or judge to respond to complaint under certain circumstances.
The commission shall review the report of an investigation conducted pursuant to NRS 1.4663 to determine whether there is sufficient reason to proceed. If the commission determines that there is not sufficient reason to proceed, the commission shall dismiss the complaint. If the commission determines that it could, in all likelihood, make a determination in the affirmative pursuant to NRS 1.467, the commission shall require the justice or judge named in the complaint to respond to the complaint in accordance with procedural rules adopted by the commission. If the justice or judge fails to respond to the complaint, the commission shall deem such failure to be an admission that the facts alleged in the complaint:

1. Are true; and

2. Establish grounds for discipline pursuant to NRS 1.4653.

(Added to NRS by 1997, 1090)

NRS 1.467 Finding of whether reasonable probability of grounds for disciplinary action exists required; procedure when reasonable probability is found to exist.
1. After the justice or judge named in the complaint responds to the complaint pursuant to NRS 1.4667 and after considering that response and other relevant information, the commission shall make a finding of whether there is a reasonable probability that 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 pursuant to NRS 1.4653.

2. If the commission makes a finding that such a reasonable probability does not exist, the commission shall dismiss the complaint.

3. If the commission makes a finding that such a reasonable probability does exist, the commission shall, in accordance with its procedural rules:
    (a)  Designate a prosecuting attorney, who must sign under oath a formal statement of charges against the justice or judge and file the statement with the commission;
    (b)  Require that the justice or judge submit to the commission an answer to the formal statement of charges; and
    (c)  Hold a formal, public hearing on the merits of the charges.

4. If the justice or judge fails to answer the formal statement of charges pursuant to subsection 3, the commission shall deem such failure to be an admission that the charges set forth in the formal statement:
    (a)  Are true; and
    (b)  Establish grounds for discipline pursuant to NRS 1.4653.

(Added to NRS by 1997, 1090)

NRS 1.4673 Actions after formal hearing on merits of charges.
After holding a formal hearing on the merits of the charges filed pursuant to NRS 1.467, the commission shall, in accordance with its procedural rules, dismiss the charges or discipline the justice or judge as deemed appropriate by the commission.

(Added to NRS by 1997, 1090)

NRS 1.4675 Circumstances under which justice or judge may be suspended with or without pay; appeal.
1. The commission shall suspend a justice or judge from the exercise of office with salary:
    (a)  While there is pending an indictment or information charging the justice or judge with a crime punishable as a felony pursuant to the laws of the State of Nevada or the United States; or
    (b)  When the justice or judge has been adjudged mentally incompetent or insane.

2. The commission may suspend a justice or judge from the exercise of office without salary if the justice or judge:
    (a)  Pleads guilty or no contest to a charge of; or
    (b)  Is found guilty of, a crime punishable as a felony pursuant to the laws of the State of Nevada or the United States. If the conviction is later reversed, the justice or judge must be paid his salary for the period of suspension.

3. The commission may suspend a justice or judge from the exercise of office with salary if the commission determines, pending a final determination in a judicial disciplinary proceeding, that the justice or judge poses a substantial threat of serious harm to the public or to the administration of justice.

4. A justice or judge suspended pursuant to this section may appeal the suspension to the supreme court for reconsideration of the order.

5. The commission may suspend a justice or judge pursuant to this section only in accordance with its procedural rules.

(Added to NRS by 1997, 1091)

NRS 1.4677 Additional forms of discipline.
In addition to or in lieu of removal or censure, the commission may impose other forms of discipline on a justice or judge whom the commission determines to have committed an act or engaged in a behavior in violation of subsection 1 or 2 of NRS 1.4653, including, but not limited to, requiring the justice or judge to:

1. Pay a fine.
2. Serve a term of suspension from office.
3. Complete a probationary period pursuant to conditions deemed appropriate by the commission.
4. Attend training or educational courses.
5. Follow a remedial course of action.
6. Issue a public apology.
7. Comply with conditions or limitations on his future conduct.
8. Seek medical, psychiatric or psychological care or counseling and direct the provider of health care or counselor to report to the commission regarding the condition or progress of the justice or judge.
9. Agree not to seek judicial office in the future.
10. Perform any combination of the actions set forth in this section.

(Added to NRS by 1997, 1092)

NRS 1.468 Deferral of formal disciplinary action.
1. Except as otherwise provided in subsections 2 and 3, if the commission reasonably believes that a justice or judge has committed an act or engaged in a behavior that would be addressed most appropriately through rehabilitation, treatment, education or minor corrective action, the commission may enter into an agreement with the justice or judge to defer formal disciplinary proceedings and require the justice or judge to undergo the rehabilitation, treatment, education or minor corrective action.

2. The commission may not enter into an agreement with a justice or judge to defer formal disciplinary proceedings if the commission has determined, pursuant to NRS 1.467, that there is a reasonable probability that the evidence available for introduction at a formal hearing could clearly and convincingly establish grounds for disciplinary action against the justice or judge pursuant to NRS 1.4653.

3. The commission may enter into an agreement with a justice or judge to defer formal disciplinary proceedings only in response to misconduct that is minor in nature.

(Added to NRS by 1997, 1092)

NRS 1.4683 Confidentiality of proceedings and information and materials related to proceedings; issuance of press releases and public statements and disclosure of other information.
1. Except as otherwise provided in this section and NRS 1.4693, all proceedings of the commission must remain confidential until the commission makes a determination pursuant to NRS 1.467 and the prosecuting attorney files a formal statement of charges.

2. The confidentiality required pursuant to subsection 1 also applies to all information and materials, written or oral, received or developed by the commission or its staff in the course of its work and relating to the alleged misconduct or incapacity of a judge.

3. The commission shall disclose:
    (a)  The report of a proceeding before the commission; and
    (b)  All testimony given and all materials filed in connection with such a proceeding, if a witness is prosecuted for perjury committed during the course of that proceeding.

4. If the commission determines at any stage in a disciplinary proceeding that there is an insufficient factual or legal basis to proceed, the commission shall dismiss the complaint and may, at the request of the justice or judge named in the complaint, publicly issue an explanatory statement.

5. The commission may issue press releases and other public statements to:
    (a)  Explain the nature of its jurisdiction;
    (b) Explain the procedure for filing a complaint;
    (c)  Explain limitations upon its powers and authority; and
    (d)  Report on the conduct of its affairs.

Such releases and statements must not, without the consent of the justice or judge concerned, disclose by name, position, address or other information the identity of a justice or judge or other person involved in a proceeding then pending before the commission or that has been resolved without an order of censure, removal or retirement, unless formal charges have been filed after a determination pursuant to NRS 1.467.

6. The commission may, without disclosing the name of or any details that may identify the justice or judge involved, disclose the existence of a proceeding before it to the state board of examiners and the interim finance committee to obtain additional money for its operation from the contingency fund established pursuant to NRS 353.266.

7. No record of any medical examination, psychiatric evaluation or other comparable professional record made for use in an informal resolution pursuant to subsection 1 of NRS 1.4665 may be made public at any time without the consent of the justice or judge concerned.

(Added to NRS by 1997, 1092)

NRS 1.4685 Breach of confidentiality punishable as contempt.
Except as otherwise provided in NRS 1.4693, any person who breaches the confidentiality of disciplinary proceedings of the commission is punishable for contempt.

(Added to NRS by 1997)

NRS 1.4687 Public access to formal statement of charges and other filed documents; open hearings; private deliberative sessions NRS 1.469.  Authorized statements by commission when subject matter becomes public.
Upon the filing of a formal statement of charges with the commission by the prosecuting attorney, the statement and other documents later formally filed with the commission must be made accessible to the public, and hearings must be open. The commission's deliberative sessions must remain private. The filing of the formal statement of charges does not justify the commission, its counsel or staff in making public any correspondence, notes, work papers, interview reports or other evidentiary matter, except at the formal hearing or with explicit consent of the justice or judge named in the complaint.

(Added to NRS by 1997, 1093)

NRS 1.4693 Authorized disclosures by person who files complaint and person who gives testimony.
Notwithstanding the provisions of NRS 1.4683 to 1.469, inclusive:

1. A person who files a complaint with the commission may:
    (a)  At any time, reveal to a third party the alleged conduct of a justice or judge underlying the complaint that he filed with the commission or the substance of testimony that he gave before the commission.
    (b)  After the commission makes a determination pursuant to NRS 1.467, regardless of whether the determination results in the filing of formal charges, reveal to a third party the fact that he filed a complaint with the commission.

2. A person who gives testimony before the commission may:
    (a)  At any time, reveal to a third party the substance of testimony that he gave before the commission.
    (b)  After the commission makes a determination pursuant to NRS 1.467, regardless of whether the determination results in the filing of formal charges, reveal to a third party the fact that he gave testimony before the commission.

(Added to NRS by 1997, 1094)

NRS 1.4695 Rules to be adopted to establish privileged status of certain communications.
The commission shall adopt rules to establish the status of particular communications related to a disciplinary proceeding as privileged or nonprivileged.

(Added to NRS by 1997, 1094)