Rule 5. Ethics advisory committee.

The attorney members of the Standing Committee on Judicial Ethics and Election Practices and four judges appointed by the supreme court shall function as an ethics advisory committee. The committee has the authority to render non-binding advisory opinions on hypothetical questions regarding the Nevada Code of Judicial Conduct. The advisory opinions may also be issued by a panel of the ethics advisory committee.

1. Opinions.
Any opinion issued by the committee expresses the judgment of the committee and is advisory only. When it is determined that a request warrants a written opinion, the opinion shall:

    (a) Set forth hypothetical facts of the ethical question presented in a general manner without identification of the requesting judge or judicial candidate or any details of the request which would permit such identification;

    (b) Identify the judicial canons or other authorities relied upon;

    (c) Include a discussion and conclusion;

    (d) Be signed by the chair or vice-chair of the committee; and Conclude with the following statement:

"This opinion is issued by the Standing Committee on Judicial Ethics and Election Practices. It is advisory only. It is not binding upon the courts, the State Bar of Nevada, the Nevada Commission on Judicial Discipline, any person or tribunal charged with regulatory responsibilities, any member of the Nevada judiciary, or any person or entity which requested the opinion."

2. Panels.
The ethics advisory committee may be divided into panels of eight members each. The chair or vice-chair, one district judge, and one municipal judge or justice of the peace shall be members of each panel.

3. Filing and delivery.
The formal advisory opinion shall be furnished by personal delivery or certified mail to the person requesting the opinion. The committee shall also file a copy of the opinion with the clerk of the supreme court. All formal advisory opinions shall be numbered and maintained on file at the committee's office, together with all materials considered by the committee in adopting the opinion, and shall be available to any member of the bench or bar upon request. A reasonable charge to defray the costs of reproduction of such opinions and postage may be collected. 

4. Limitations.
The committee shall not act on requests for opinions when any of the following circumstances exist:

    (a) There is a pending state bar or judicial discipline commission complaint, investigation, proceeding, or litigation concerning the subject of the request.

    (b) The request constitutes a complaint against a member of the judiciary.

    (c) The request involves procedures employed by the judicial discipline commission in processing complaints against judges.

    (d) The request involves activities, the propriety of which depends principally on a question of law unrelated to judicial ethics.

    (e) Where it is known that the request involves a situation in litigation or concerns threatened litigation or involves the propriety of sanctions within the purview of the courts, such as contempt.

    (f) The committee has by majority vote determined that it would be inadvisable to respond to the request and has specified in writing its reasoning to the person who requested the opinion.

5. Confidentiality.
Except for the opinions issued by the committee, all meetings, deliberations, materials considered, and work product of the committee shall be confidential.