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.

 

 

            

 

 


Last Updated: 04/21/06 12:44:27 PM