2005 Nevada Revised Statutes - Chapter 1 — Judicial Department Generally

Title 1 - STATE JUDICIAL DEPARTMENT

CHAPTER 1 - JUDICIAL DEPARTMENT GENERALLY

GENERAL PROVISIONS

NRS 1.010 Courtsof justice.

NRS 1.020 Courtsof record.

NRS 1.030 Applicationof common law in courts.

NRS 1.040 Writtenproceedings to be in English language; abbreviations and figures.

NRS 1.050 Placesof holding court; stipulations of parties.

NRS 1.055 Telephonenumber of judge to be published in telephone directory.

NRS 1.060 Adjournmenton absence of judge.

NRS 1.070 Placesof holding court may be changed.

NRS 1.080 Partiesto appear at place appointed.

NRS 1.090 Publicsittings.

NRS 1.100 Courts,judges and clerks may administer oaths.

NRS 1.113 Acceptanceof credit card or debit card for payment of money owed the court.

NRS 1.115 Recyclingof paper and paper products used by courts; waiver of requirement; procedurefor disposition; recycling of other waste materials on premises of courtbuildings; deposit of resulting revenue.

NRS 1.117 Electronicfiling, storage and reproduction of documents filed with courts.

NRS 1.120 Judicialdays.

NRS 1.130 Nonjudicialdays; transaction of judicial business.

NRS 1.140 Courtsrequired to have seals.

NRS 1.150 Clerkof district court to procure seal; form of seal.

NRS 1.170 Custodyof seal.

NRS 1.180 Documentsto which seal affixed.

NRS 1.190 Impressionof seal.

NRS 1.200 Originaljurisdiction not lost by subsequent legislation.

NRS 1.210 Powersof court respecting conduct of proceedings.

NRS 1.225 Groundsand procedure for disqualifying Supreme Court justices.

NRS 1.230 Groundsfor disqualifying judges other than Supreme Court justices.

NRS 1.235 Procedurefor disqualifying judges other than Supreme Court justices.

NRS 1.250 Subsequentapplication for order refused or granted conditionally; contempt and vacationof order.

NRS 1.260 Vacancynot to affect action.

NRS 1.270 Nojudge or justice of the peace to have partner practicing law.

NRS 1.310 Adjournmentor continuance of action or proceeding during legislative session if party orattorney is member of Legislature or President of Senate.

COURT ADMINISTRATOR

NRS 1.320 Officecreated.

NRS 1.330 Appointment;tenure; salary.

NRS 1.340 Assistants:Appointment; compensation.

NRS 1.350 Privatelaw practice prohibited.

NRS 1.360 Duties.

NRS 1.365 Claimswhich must be submitted to and processed by Executive Officer of PublicEmployees Retirement Board or Court Administrator.

NRS 1.370 Provisionof records and information; unauthorized disclosure.

COMMISSION ON JUDICIAL SELECTION

NRS 1.380 Dutiesof Court Administrator.

NRS 1.390 Compensationof members and employees.

NRS 1.400 Regulations.

NRS 1.410 Publicofficers and employees to cooperate with Commission.

COMMISSION ON JUDICIAL DISCIPLINE

General Provisions

NRS 1.425 Definitions.

NRS 1.426 Commissiondefined.

NRS 1.427 Incapacitateddefined.

NRS 1.428 Judgedefined.

NRS 1.429 Justicedefined.

NRS 1.430 Compensationof members and employees.

NRS 1.440 Jurisdictionover judges; appointment of justices of the peace and municipal judges toCommission.

NRS 1.450 Assistants;witnesses; expenses.

NRS 1.460 Publicofficers and employees to cooperate with Commission; service of process.

NRS 1.465 Immunity.

Proceedings Concerning Disciplinary Action or RemovalFrom Office

NRS 1.4653 Circumstancesunder which justice or judge may be disciplined or retired.

NRS 1.4655 Commencementof inquiry regarding alleged misconduct or incapacity of justice or judge;certain information received to be deemed complaint.

NRS 1.4657 Requiredactions upon receipt of complaint.

NRS 1.466 Issuanceand enforcement of subpoenas.

NRS 1.4663 Investigation:Appointment and powers of investigator; conduct and scope; written report.

NRS 1.4665 Informalresolution of complaint relating to incapacity; medical, psychiatric orpsychological testing by physician; procedure when unable to resolve complaintinformally.

NRS 1.4667 Reviewof report of investigation required; justice or judge to respond to complaintunder certain circumstances.

NRS 1.467 Findingof whether reasonable probability of grounds for disciplinary action existsrequired; procedure when reasonable probability is found to exist.

NRS 1.4673 Actionsafter formal hearing on merits of charges.

NRS 1.4675 Circumstancesunder which justice or judge may be suspended with or without pay; appeal.

NRS 1.4677 Additionalforms of discipline.

NRS 1.468 Deferralof formal disciplinary action.

NRS 1.4683 Confidentialityof proceedings and information and materials related to proceedings; issuanceof press releases and public statements and disclosure of other information.

NRS 1.4685 Breachof confidentiality punishable as contempt.

NRS 1.4687 Publicaccess to formal statement of charges and other filed documents; open hearings;private deliberative sessions.

NRS 1.469 Authorizedstatements by Commission when subject matter becomes public.

NRS 1.4693 Authorizeddisclosures by person who files complaint and person who gives testimony.

NRS 1.4695 Rulesto be adopted to establish privileged status of certain communications.

NATIONAL JUDICIAL COLLEGE

NRS 1.470 Fundfor the National Judicial College.

NATIONAL COLLEGE OF JUVENILE AND FAMILY LAW

NRS 1.480 Fundfor the National College of Juvenile and Family Law.

INTERPRETERS AND TRANSLATORS

General Provisions

NRS 1.500 Feesof interpreters and translators.

 

Court Interpreters for Persons Who Speak Language Other Than English

NRS 1.510 Regulationsestablishing program of certification; grounds for disciplinary action.[Effective until the date of the repeal of the federal law requiring each stateto establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child support arrearagesand for noncompliance with certain processes relating to paternity or childsupport proceedings.]

NRS 1.510 Regulationsestablishing program of certification; grounds for disciplinary action.[Effective on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child support arrearagesand for noncompliance with certain processes relating to paternity or child supportproceedings.]

NRS 1.520 Regulationsto carry out program of certification; imposition of fees or fines.

NRS 1.530 Committeeto advise Court Administrator regarding regulations relating to certification.

NRS 1.540 Unlawfulacts; civil action or recovery prohibited for certain violations.

NRS 1.550 Statementconcerning obligation for child support required for issuance or renewal ofcertificate. [Expires by limitation on the date of the repeal of the federallaw requiring each state to establish procedures for withholding, suspendingand restricting the professional, occupational and recreational licenses forchild support arrearages and for noncompliance with certain processes relatingto paternity or child support proceedings.]

NRS 1.560 Suspensionof certificate; reinstatement of suspended certificate. [Expires by limitationon the date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional, occupationaland recreational licenses for child support arrearages and for noncompliancewith certain processes relating to paternity or child support proceedings.]

_________

GENERAL PROVISIONS

NRS 1.010 Courtsof justice. The following shall be the courtsof justice for this State:

1. The Supreme Court.

2. The district courts.

3. Justice Courts.

4. Such municipal courts as may from time to time beestablished by the Legislature in incorporated cities or towns.

[1:19:1865; B 910; BH 2425; C 2508; RL 4828;NCL 8370]

NRS 1.020 Courtsof record. The following courts are courts ofrecord:

1. The Supreme Court;

2. The district courts;

3. The Justice Courts; and

4. The municipal courts:

(a) In any case in which a jury trial is required; or

(b) If so designated pursuant to NRS 5.010.

[41:19:1865; B 946; BH 2460; C 2541; RL 4861;NCL 8403](NRS A 1979, 1512; 1987, 1786; 1991, 160)

NRS 1.030 Applicationof common law in courts. The common law ofEngland, so far as it is not repugnant to or in conflict with the Constitutionand laws of the United States, or the Constitution and laws of this State, shallbe the rule of decision in all the courts of this State.

[1911 CPA 532; RL 5474; NCL 9021]

NRS 1.040 Writtenproceedings to be in English language; abbreviations and figures. Every written proceeding in a court of justice in thisState, or before a judicial officer, shall be in the English language; but suchabbreviations as are now commonly used in that language may be used, andnumbers may be expressed by figures or numerals, in the customary manner.

[65:19:1865; B 970; BH 2484; C 2565; RL 4885;NCL 8427]

NRS 1.050 Placesof holding court; stipulations of parties.

1. Except as otherwise provided in NRS 3.100, the District Court in and forCarson City shall sit at Carson City.

2. Except as provided in subsection 4 or NRS 3.100, every other court of justice,except Justice or municipal Court, shall sit at the county seat of the countyin which it is held.

3. Justice Courts shall be held in their respectivetownships, precincts or cities, and municipal courts in their respectivecities.

4. The parties to an action in a district court maystipulate, with the approval of the court, that the action may be tried, or anyproceeding related to the action may be had, before that court at any otherplace in this State where a district court is regularly held.

[51:19:1865; B 956; BH 2470; C 2551; RL 4871;NCL 8413](NRS A 1969, 312, 591; 1999, 2575)

NRS 1.055 Telephonenumber of judge to be published in telephone directory. A judge of any court of justice for this state shall causethe telephone number of his office that is located within the court to bepublished in the telephone directory that is provided to the public in thejurisdiction in which the court is located.

(Added to NRS by 1997, 226)

NRS 1.060 Adjournmenton absence of judge. If no judge attends onthe day appointed, or to which court may have been adjourned before 12 m., thesheriff or clerk shall adjourn the court until the next day at 10 a.m., and ifno judge attends on that day before 12 m., the sheriff or clerk shall adjournthe court until the following day at the same hour; and so on, from day to dayunless the judge, while in or out of the State, by letter or telegram, ordersit to be adjourned to some day certain, fixed in the order, in which case itshall be so adjourned.

[52:19:1865; A 1869, 136; 1881, 165; BH 2471; C 2553; RL 4872; NCL 8414]

NRS 1.070 Placesof holding court may be changed. A judgeauthorized to hold or preside at a court appointed to be held in a city,precinct or town, may, by an order filed with the county clerk and published ashe may prescribe, direct that the court be held or continued at any other placein the city or county than that appointed, when war, pestilence, or otherpublic calamity, or the dangers thereof, or the destruction of the buildingappointed for holding the court, may render it necessary; and may, in the samemanner, revoke the order and, in his discretion, appoint another place in thesame city or county for holding the court.

[53:19:1865; B 958; BH 2472; C 2553; RL 4873;NCL 8415]

NRS 1.080 Partiesto appear at place appointed. When the courtis held at a place appointed as provided in NRS1.070, every person held to appear at the court shall appear at the placeso appointed.

[54:19:1865; B 959; BH 2473; C 2554; RL 4874;NCL 8416]

NRS 1.090 Publicsittings. The sitting of every court ofjustice shall be public except as otherwise provided by law; but the judge ofany court may exclude any minor during any criminal trial therein except suchminor be on trial, or when testifying as a witness, or when he shall be a lawstudent preparing to apply for a license to practice law.

[42:19:1865; A 1927, 138; NCL 8404]

NRS 1.100 Courts,judges and clerks may administer oaths. Everycourt of this state and every justice, judge or clerk of any court shall havepower to administer oaths or affirmations.

[Part 1911 CPA 541; RL 5483; NCL 9030]

NRS 1.113 Acceptanceof credit card or debit card for payment of money owed the court.

1. A court in this state may enter into contracts withissuers of credit cards or debit cards to provide for the acceptance of creditcards or debit cards by the court for the payment of money owed to the courtfor a fee, fine, administrative assessment, restitution or any other chargeowed to the court.

2. If the issuer charges the court a fee for each useof a credit card or debit card, the court may require the cardholder to pay afee. The fee charged by the court must not exceed the amount charged by theissuer for the use of the card.

3. As used in this section:

(a) Cardholder means the person or organization namedon the face of a credit card or debit card to whom or for whose benefit thecredit card or debit card is issued by an issuer.

(b) Credit card means any instrument or device,whether known as a credit card or credit plate, or by any other name, issuedwith or without a fee by an issuer for the use of the cardholder in obtainingmoney, property, goods, services or anything else of value on credit.

(c) Debit card means any instrument or device,whether known as a debit card or by any other name, issued with or without afee by an issuer for the use of the cardholder in depositing, obtaining ortransferring funds.

(d) Issuer means a business organization, financialinstitution or authorized agent of a business organization or financialinstitution that issues a credit card or debit card.

(Added to NRS by 1999, 70)

NRS 1.115 Recyclingof paper and paper products used by courts; waiver of requirement; procedurefor disposition; recycling of other waste materials on premises of courtbuildings; deposit of resulting revenue.

1. Except as otherwise provided in this section, eachcourt of justice for this State shall recycle or cause to be recycled the paperand paper products it uses. This subsection does not apply to confidentialdocuments if there is an additional cost for recycling those documents.

2. A court of justice may apply for a waiver from therequirements of subsection 1. For such a waiver, the Supreme Court must applyto the Interim Finance Committee, a district court or a Justice Court mustapply to the board of county commissioners of the county in which it is locatedand a municipal court must apply to the governing body of the city in which itis located. A waiver must be granted if it is determined that the cost torecycle or cause to be recycled the paper and paper products used by the courtis unreasonable and would place an undue burden on the operations of the court.

3. The Court Administrator shall, after consultingwith the State Department of Conservation and Natural Resources, prescribe theprocedure for the disposition of the paper and paper products to be recycled.The Court Administrator may prescribe a procedure for the recycling of otherwaste materials produced on the premises of the court building.

4. Any money received by a court of justice forrecycling or causing to be recycled the paper and paper products it uses mustbe paid by the clerk of that court to the State Treasurer for credit to theState General Fund.

5. As used in this section:

(a) Paper includes newspaper, high-grade officepaper, fine paper, bond paper, offset paper, xerographic paper, mimeo paper,duplicator paper and any other cellulosic material which contains not more than10 percent by weight or volume of a noncellulosic material, including, but notlimited to, a laminate, binder, coating and saturant.

(b) Paper product means any paper article orcommodity, including, but not limited to, paper napkins, towels, cardboard,construction material, paper and any other cellulosic material which containsnot more than 10 percent by weight or volume of a noncellulosic material,including, but not limited to, a laminate, binder, coating and saturant.

(Added to NRS by 1991, 905; A 1999, 3181)

NRS 1.117 Electronicfiling, storage and reproduction of documents filed with courts.

1. The Supreme Court may adopt rules not inconsistentwith the laws of this state to provide for the electronic filing, storage andreproduction of documents filed with the courts of justice.

2. If the Supreme Court adopts such rules, each courtof justice may provide for the electronic filing, storage and reproduction ofdocuments filed with the court in accordance with those rules.

(Added to NRS by 1999, 1141)

NRS 1.120 Judicialdays. The courts of justice may be held, andjudicial business may be transacted, on any day except as provided in NRS 1.130.

[49:19:1865; B 954; BH 2468; C 2549; RL 4869;NCL 8411]

NRS 1.130 Nonjudicialdays; transaction of judicial business.

1. No court except a Justice Court or a municipalcourt shall be opened nor shall any judicial business be transacted except by aJustice Court or municipal Court on Sunday, or on any day declared to be alegal holiday according to the provisions of NRS236.015, except for the following purposes:

(a) To give, upon their request, instructions to a jurythen deliberating on their verdict.

(b) To receive a verdict or discharge a jury.

(c) For the exercise of the power of a magistrate in acriminal action or in a proceeding of a criminal nature.

(d) To receive communications by telephone and for theissuance of a temporary order pursuant to subsection 5 of NRS 33.020.

(e) For the issue of a writ of attachment, which may beissued on each and all of the days above enumerated upon the plaintiff, or someperson in his behalf, setting forth in the affidavit required by law forobtaining the writ the additional averment as follows:

 

That the affiant has goodreason to believe, and does believe, that it will be too late for the purposeof acquiring a lien by the writ to wait until subsequent day for the issuanceof the same.

 

All proceedings instituted, and all writs issued, and allofficial acts done on any of the days above specified, under and by virtue ofthis section, shall have all the validity, force and effect of proceedingscommenced on other days, whether a lien be obtained or a levy made under and byvirtue of the writ.

2. Nothing herein contained shall affect privatetransactions of any nature whatsoever.

[50:19:1865; A 1866, 53; 1883, 90; 1891, 20; 1903,88; 1911, 22; 1913, 61; 1919, 415; 1927, 75; NCL 8412](NRS A 1957, 240;1967, 103; 1969, 258, 561; 1971, 588; 2003, 392)

NRS 1.140 Courtsrequired to have seals. The Supreme Court, thedistrict courts, the Justice Courts and those municipal courts designated ascourts of record pursuant to NRS 5.010shall have a seal.

[55:19:1865; B 960; BH 2474; C 2555; RL 4875;NCL 8417](NRS A 1987, 122; 1991, 160)

NRS 1.150 Clerkof district court to procure seal; form of seal. Theseveral district courts for which separate seals have not been providedheretofore, or the respective judges thereof, by an order in writing filed withthe respective clerks of such courts, shall direct such clerks to procure suchseals, which seals shall have the following inscriptions surrounding the same.District Court, ........................ District, County of........................ (or Carson City), inserting the number of thedistrict and the name of the county. Any such order that may have been made byany judge of a district court shall have the same effect as if it had been madein open court.

[56:19:1865; A 1879, 36; BH 2475; C 2556; RL 4876; NCL 8418](NRS A 1969, 312)

NRS 1.170 Custodyof seal. The clerk of each court, or the:

1. Deputy clerk;

2. Justice of the peace if a deputy clerk has not beenappointed for the Justice Court; or

3. Judge of a municipal court designated as a court ofrecord pursuant to NRS 5.010 if a deputyclerk has not been appointed for that court,

shall keep theseal of the court.

[58:19:1865; B 963; BH 2477; C 2558; RL 4878;NCL 8420](NRS A 1987, 122; 1991, 160)

NRS 1.180 Documentsto which seal affixed. The seal of the courtneed not be affixed to any proceedings therein except:

1. To a summons, writ or commission to take testimony.

2. To the proof of a will, or the appointment of anexecutor, administrator or guardian.

3. To the authentication of a copy of a record orother proceeding of the court or an officer thereof.

4. To certificate of acknowledgment and all finalprocess.

[59:19:1865; B 964; BH 2478; C 2559; RL 4879;NCL 8421]

NRS 1.190 Impressionof seal. The seal may be affixed by impressingit on the paper or on a substance attached to the paper and capable of receivingthe impression.

[60:19:1865; B 965; BH 2479; C 2560; RL 4880;NCL 8422]

NRS 1.200 Originaljurisdiction not lost by subsequent legislation.

1. The court having acquired jurisdiction of an actionshall not lose such jurisdiction by reason of any subsequent amendment orrepeal of the law under which such jurisdiction was acquired unless suchamendment or repealing act shall expressly provide that such jurisdiction isterminated, and such action shall proceed to final determination the same asthough there had been no such amendment or repeal.

2. Nothing in this section shall be deemed to apply toamendments or repeals affecting mere matters of procedure.

[1:41:1921; NCL 8428]

NRS 1.210 Powersof court respecting conduct of proceedings. Everycourt shall have power:

1. To preserve and enforce order in its immediatepresence.

2. To enforce order in the proceedings before it, orbefore a person or persons empowered to conduct a judicial investigation underits authority.

3. To compel obedience to its lawful judgments, ordersand process, and to the lawful orders of its judge out of court in an action orproceeding pending therein.

4. To control, in furtherance of justice, the conductof its ministerial officers.

[44:19:1865; B 949; BH 2463; C 2544; RL 4864;NCL 8406]

NRS 1.225 Groundsand procedure for disqualifying Supreme Court justices.

1. A justice of the Supreme Court shall not act assuch in an action or proceeding when he entertains actual bias or prejudice foror against one of the parties to the action.

2. A justice of the Supreme Court shall not act assuch in an action or proceeding when implied bias exists in any of thefollowing respects:

(a) When he is a party to or interested in the actionor proceeding.

(b) When he is related to either party by consanguinityor affinity within the third degree.

(c) When he has been attorney or counsel for either ofthe parties in the particular action or proceeding before the court.

(d) When he is related to an attorney or counselor foreither of the parties by consanguinity or affinity within the third degree.

3. A justice of the Supreme Court, upon his ownmotion, may disqualify himself from acting in any matter upon the ground ofactual or implied bias.

4. Any party to an action or proceeding seeking todisqualify a justice of the Supreme Court for actual or implied bias shall filea charge in writing, specifying the facts upon which such disqualification issought. Hearing on such charge shall be had before the other justices of theSupreme Court.

5. Upon the disqualification of a justice of theSupreme Court pursuant to this section, a district judge shall be designated tosit in his place as provided in Section 4 of Article 6 of the Constitution ofthe State of Nevada.

6. No person shall be punished for contempt formaking, filing or presenting a charge for disqualification pursuant tosubsection 4.

(Added to NRS by 1957, 521)

NRS 1.230 Groundsfor disqualifying judges other than Supreme Court justices.

1. A judge shall not act as such in an action or proceedingwhen he entertains actual bias or prejudice for or against one of the partiesto the action.

2. A judge shall not act as such in an action orproceeding when implied bias exists in any of the following respects:

(a) When he is a party to or interested in the actionor proceeding.

(b) When he is related to either party by consanguinityor affinity within the third degree.

(c) When he has been attorney or counsel for either ofthe parties in the particular action or proceeding before the court.

(d) When he is related to an attorney or counselor foreither of the parties by consanguinity or affinity within the third degree.This paragraph does not apply to the presentation of ex parte or uncontestedmatters, except in fixing fees for an attorney so related to the judge.

3. A judge, upon his own motion, may disqualifyhimself from acting in any matter upon the ground of actual or implied bias.

4. A judge or court shall not punish for contempt anyperson who proceeds under the provisions of this chapter for a change of judgein a case.

5. This section does not apply to the arrangement ofthe calendar or the regulation of the order of business.

[45:19:1865; A 1907, 25; 1927, 108; 1931, 247; 1937,214; 1939, 255; 1931 NCL 8407] + [45a:19:1865; added 1931, 247; 1931 NCL 8407.01](NRS A 1957, 69; 1965, 551; 1969, 351; 1975, 608; 1977, 765)

NRS 1.235 Procedurefor disqualifying judges other than Supreme Court justices.

1. Any party to an action or proceeding pending in anycourt other than the Supreme Court, who seeks to disqualify a judge for actualor implied bias or prejudice must file an affidavit specifying the facts uponwhich the disqualification is sought. The affidavit of a party represented byan attorney must be accompanied by a certificate of the attorney of record thatthe affidavit is filed in good faith and not interposed for delay. Except asprovided in subsections 2 and 3, the affidavit must be filed:

(a) Not less than 20 days before the date set for trialor hearing of the case; or

(b) Not less than 3 days before the date set for thehearing of any pretrial matter.

2. Except as otherwise provided in this subsection andsubsection 3, if a case is not assigned to a judge before the time requiredunder subsection 1 for filing the affidavit, the affidavit must be filed:

(a) Within 10 days after the party or his attorney isnotified that the case has been assigned to a judge;

(b) Before the hearing of any pretrial matter; or

(c) Before the jury is empaneled, evidence taken or anyruling made in the trial or hearing,

whicheveroccurs first. If the facts upon which disqualification of the judge is soughtare not known to the party before he is notified of the assignment of the judgeor before any pretrial hearing is held, the affidavit may be filed not laterthan the commencement of the trial or hearing of the case.

3. If a case is reassigned to a new judge and the timefor filing the affidavit under subsection 1 and paragraph (a) of subsection 2has expired, the parties have 10 days after notice of the new assignment withinwhich to file the affidavit, and the trial or hearing of the case must berescheduled for a date after the expiration of the 10-day period unless theparties stipulate to an earlier date.

4. At the time the affidavit is filed, a copy must beserved upon the judge sought to be disqualified. Service must be made bydelivering the copy to the judge personally or by leaving it at his chamberswith some person of suitable age and discretion employed therein.

5. The judge against whom an affidavit alleging biasor prejudice is filed shall proceed no further with the matter and shall:

(a) Immediately transfer the case to another departmentof the court, if there is more than one department of the court in thedistrict, or request the judge of another district court to preside at thetrial or hearing of the matter; or

(b) File a written answer with the clerk of the courtwithin 2 days after the affidavit is filed, admitting or denying any or all ofthe allegations contained in the affidavit and setting forth any additionalfacts which bear on the question of his disqualification. The question of thejudges disqualification must thereupon be heard and determined by anotherjudge agreed upon by the parties or, if they are unable to agree, by a judgeappointed:

(1) By the presiding judge of the judicialdistrict in judicial districts having more than one judge, or if the presidingjudge of the judicial district is sought to be disqualified, by the judgehaving the greatest number of years of service.

(2) By the Supreme Court in judicial districtshaving only one judge.

(Added to NRS by 1977, 767; A 1979, 59, 393; 1981,319, 872)

NRS 1.250 Subsequentapplication for order refused or granted conditionally; contempt and vacationof order.

1. If an application for an order made to a judge of acourt in which the action or proceeding is pending be refused, in whole or inpart, or be granted conditionally, no subsequent application for the same ordershall be made to any other judge except of a higher court.

2. Nothing in this section shall be so construed as toapply to motions refused for any informality in the papers or proceedingsnecessary to obtain an order.

3. A violation of this section may be punished as acontempt; and an order made contrary thereto may be revoked by the judge whomade it, or vacated by a judge of the court in which the action or proceedingis pending.

[61:19:1865; B 966; BH 2480; C 2561; RL 4881;NCL 8423] + [62:19:1865; B 967; BH 2481; C 2562; RL 4882; NCL 8424]

NRS 1.260 Vacancynot to affect action. No action or proceedingin a court of justice shall be affected by a vacancy in the office of all orany of the judges, or by the failure of a term thereof.

[64:19:1865; B 969; BH 2483; C 2564; RL 4884;NCL 8426]

NRS 1.270 Nojudge or justice of the peace to have partner practicing law. No judge or justice of the peace shall have a partneracting as attorney or counsel in any court in this state.

[47:19:1865; B 952; BH 2466; C 2547; RL 4867;NCL 8409]

NRS 1.310 Adjournmentor continuance of action or proceeding during legislative session if party orattorney is member of Legislature or President of Senate.

1. If a party to any action or proceeding in any courtor before any administrative body is a member of the Legislature of the Stateof Nevada, or is President of the Senate, that fact is sufficient cause for theadjournment or continuance of the action or proceeding, including, withoutlimitation, any discovery or other pretrial or posttrial matter involved in theaction or proceeding, for the duration of any legislative session.

2. If an attorney for a party to any action orproceeding in any court or before any administrative body, who was actuallyemployed before the commencement of any legislative session, is a member of theLegislature of the State of Nevada, or is President of the Senate, that fact issufficient cause for the adjournment or continuance of the action orproceeding, including, without limitation, any discovery or other pretrial orposttrial matter involved in the action or proceeding, for the duration of anylegislative session.

3. The adjournment or continuance provided for insubsections 1 and 2 must be granted without the imposition of terms.

(Added to NRS by 1960, 365; A 1963, 313; 2001, 481)

COURT ADMINISTRATOR

NRS 1.320 Officecreated. There is hereby created the office ofCourt Administrator.

(Added to NRS by 1971, 1996)

NRS 1.330 Appointment;tenure; salary. The Court Administrator shall:

1. Be appointed by the Supreme Court and shall serveat the pleasure of the Court.

2. Receive an annual salary set by the Supreme Courtwithin the limits of legislative appropriations.

(Added to NRS by 1971, 1996; A 1977, 450)

NRS 1.340 Assistants:Appointment; compensation. The Court Administrator,with the approval of the Supreme Court, may appoint and fix the compensation ofsuch assistants as are necessary to enable him to perform the duties requiredof him by NRS 1.320 to 1.370, inclusive.

(Added to NRS by 1971, 1996; A 1989, 328)

NRS 1.350 Privatelaw practice prohibited. During his term ofoffice neither the Court Administrator nor any of his assistants may engagedirectly or indirectly in the private practice of law.

(Added to NRS by 1971, 1996)

NRS 1.360 Duties. Under the direction of the Supreme Court, the CourtAdministrator shall:

1. Examine the administrative procedures employed inthe offices of the judges, clerks, court reporters and employees of all courtsof this State and make recommendations, through the Chief Justice, for theimprovement of those procedures;

2. Examine the condition of the dockets of the courtsand determine the need for assistance by any court;

3. Make recommendations to and carry out thedirections of the Chief Justice relating to the assignment of district judgeswhere district courts are in need of assistance;

4. Develop a uniform system for collecting andcompiling statistics and other data regarding the operation of the State CourtSystem and transmit that information to the Supreme Court so that proper actionmay be taken in respect thereto;

5. Prepare and submit a budget of state appropriationsnecessary for the maintenance and operation of the State Court System and makerecommendations in respect thereto;

6. Develop procedures for accounting, internalauditing, procurement and disbursement for the State Court System;

7. Collect statistical and other data and make reportsrelating to the expenditure of all public money for the maintenance andoperation of the State Court System and the offices connected therewith;

8. Compile statistics from the information required tobe maintained by the clerks of the district courts pursuant to NRS 3.275 and make reports as to the casesfiled in the district courts;

9. Formulate and submit to the Supreme Courtrecommendations of policies or proposed legislation for the improvement of theState Court System;

10. On or before January 1 of each year, submit to theDirector of the Legislative Counsel Bureau a written report compiling theinformation submitted to the Court Administrator pursuant to NRS 3.243, 4.175 and 5.045during the immediately preceding fiscal year;

11. On orbefore January 1 of each odd-numbered year, submit to the Director of theLegislative Counsel Bureau a written report concerning:

(a) Thedistribution of money deposited in the special account created pursuant to NRS 176.0613 to assist with funding andestablishing specialty court programs;

(b) The currentstatus of any specialty court programs to which money from the account wasallocated since the last report; and

(c) Such other related information as the CourtAdministrator deems appropriate;

12. On or before February 15 of each odd-numberedyear, submit to the Governor and to the Director of the Legislative CounselBureau for transmittal to the next regular session of the Legislature a writtenreport compiling the information submitted by clerks of courts to the CourtAdministrator pursuant to NRS 630.307and 633.533 which includes onlyaggregate information for statistical purposes and excludes any identifyinginformation related to a particular person;

13. On or before February 15 of each odd-numberedyear, submit to the Director of the Legislative Counsel Bureau for transmittalto the next regular session of the Legislature a written report concerning theeffectiveness of participation in counseling sessions in a program for thetreatment of persons who commit domestic violence ordered by a court pursuantto NRS 200.485 and the effect of suchcounseling sessions on recidivism of the offenders who commit battery whichconstitutes domestic violence pursuant to NRS33.018; and

14. Attend to such other matters as may be assigned bythe Supreme Court or prescribed by law.

(Added to NRS by 1971, 1996; A 1977, 450; 1987, 630; 1999, 705; 2002 Special Session,11; 2003, 2106;2005, 535)

NRS 1.365 Claimswhich must be submitted to and processed by Executive Officer of PublicEmployees Retirement Board or Court Administrator.

1. All of the following claims must be submitted tothe Executive Officer of the Public Employees Retirement Board who shallprocess the claims:

(a) Claims of justices of the Supreme Court pursuant toNRS 2.060.

(b) Claims pursuant to NRS 2.070 and 2.079.

(c) Claims of judges of the district courts pursuant toNRS 3.090.

(d) Claims pursuant to NRS 3.095 and 3.098.

2. The following claims must be submitted to the CourtAdministrator, who shall act as Administrative Officer in processing theclaims:

(a) Claims of justices of the Supreme Court under NRS 2.050.

(b) Claims of judges of the district courts under NRS 3.030.

(Added to NRS by 1989, 328; A 2001, 1292; 2001 Special Session,87)

NRS 1.370 Provisionof records and information; unauthorized disclosure.

1. All judges, clerks and employees of the districtcourts, Justice Courts and municipal courts shall provide the CourtAdministrator with any records, papers or other information that he may requireand shall cooperate with him in every possible manner in order to effectuatethe purposes of NRS 1.320 to 1.370, inclusive.

2. Subsection 1 does not authorize disclosure by theCourt Administrator of records and papers not otherwise open to publicinspection.

(Added to NRS by 1971, 1997; A 1989, 328)

COMMISSION ON JUDICIAL SELECTION

NRS 1.380 Dutiesof Court Administrator. The CourtAdministrator shall serve as secretary, prepare the budget and manage thefiscal affairs of the Commission on Judicial Selection.

(Added to NRS by 1977, 411)

NRS 1.390 Compensationof members and employees.

1. Each member of the Commission on Judicial Selectionwho is not a judicial officer is entitled to receive a salary of not more than$80, as fixed by the Commission, for each days attendance at each meeting ofthe Commission.

2. While engaged in the business of the Commission,each member and employee of the Commission is entitled to receive the per diemallowance and travel expenses provided for state officers and employeesgenerally.

(Added to NRS by 1977, 410; A 1985, 393; 1989, 1707; 1999, 1203)

NRS 1.400 Regulations. The Commission on Judicial Selection may adopt regulationsfor the operation of the Commission and for maintaining the confidentiality ofits proceedings and records.

(Added to NRS by 1977, 410)

NRS 1.410 Publicofficers and employees to cooperate with Commission. Allpublic officers and employees of the State, its agencies and politicalsubdivisions and all officers of the court shall cooperate with the Commissionon Judicial Selection in any lawful investigation or proceeding of theCommission and furnish information and reasonable assistance to the Commissionor its authorized representative.

(Added to NRS by 1977, 410)

COMMISSION ON JUDICIAL DISCIPLINE

General Provisions

NRS 1.425 Definitions. As used in NRS 1.425to 1.4695, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 1.426 to 1.429, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1995, 800; A 1997, 1094)

NRS 1.426 Commissiondefined. Commission means the Commission onJudicial Discipline.

(Added to NRS by 1997, 1087)

NRS 1.427 Incapacitateddefined. Incapacitated means unable to performthe duties of his office because of advanced age or mental or physical disability.

(Added to NRS by 1997, 1087)

NRS 1.428 Judgedefined. Judge means:

1. A judge of the district court;

2. A judge of the municipal court;

3. A justice of the peace; and

4. Any other officer of the Judicial Branch of thisState, whether or not he is an attorney, who presides over judicialproceedings, including, but not limited to, a magistrate, court commissioner,special master or referee.

(Added to NRS by 1997, 1087)

NRS 1.429 Justicedefined. Justice means a justice of theSupreme Court of the State of Nevada.

(Added to NRS by 1997, 1088)

NRS 1.430 Compensationof members and employees.

1. Each member of the Commission who is not a judicialofficer is entitled to receive a salary of not more than $80, as fixed by theCommission, for each days attendance at each meeting of the Commission.

2. While engaged in the business of the Commission,each member and employee of the Commission is entitled to receive the per diemallowance and travel expenses provided for state officers and employeesgenerally.

(Added to NRS by 1977, 637; A 1985, 128, 393; 1989,1707)

NRS 1.440 Jurisdictionover judges; appointment of justices of the peace and municipal judges toCommission.

1. The Commission has exclusive jurisdiction over thecensure, removal, involuntary retirement and other discipline of judges whichis coextensive with its jurisdiction over justices of the Supreme Court andmust be exercised in the same manner and under the same rules.

2. The Supreme Court shall appoint two justices of thepeace or two municipal judges to sit on the Commission for formal, publicproceedings against a justice of the peace or a municipal judge, respectively.Justices of the peace and municipal judges so appointed must be designated byan order of the Supreme Court to sit for such proceedings in place of and toserve for the same terms as the regular members of the Commission appointed bythe Supreme Court.

(Added to NRS by 1977, 936; A 1983, 108; 1995, 800;1997, 1094; 2005, 305)

NRS 1.450 Assistants;witnesses; expenses. The Commission may:

1. Within the amount of money appropriated by theLegislature for this purpose, employ and compensate as an employee or contractwith as an independent contractor:

(a) One or more persons to prepare the budget andmanage the fiscal affairs of the Commission and perform other duties relatingto the administration of the affairs of the Commission as the Commissiondirects; and

(b) Attorneys, accountants, investigators, reporters,physicians, technical experts and other necessary persons.

2. Provide for the attendance and compensation ofwitnesses.

3. Pay from available funds all necessary expensesincurred by the Commission.

(Added to NRS by 1977, 637; A 1981, 378; 1995, 800)

NRS 1.460 Publicofficers and employees to cooperate with Commission; service of process.

1. All public officers and employees of the State, itsagencies and political subdivisions and all officers of the court shallcooperate with the Commission in any lawful investigation or proceeding of theCommission and furnish information and reasonable assistance to the Commissionor its authorized representative.

2. All sheriffs, marshals, police officers andconstables shall, upon request of the Commission or its authorizedrepresentative, serve process on behalf of and execute all lawful orders of theCommission.

(Added to NRS by 1977, 637; A 1995, 800)

NRS 1.465 Immunity.

1. The following persons are absolutely immune fromsuit for all conduct at any time in the course of their official duties:

(a) Any member who serves on the Commission;

(b) Any person employed by the Commission;

(c) Any independent contractor of the Commission; and

(d) Any person who performs services pursuant to NRS 1.450 or 1.460 for the Commission.

2. The following persons are absolutely immune fromsuit unless convicted of committing perjury before the Commission pursuant to NRS 199.120 to 199.200, inclusive:

(a) A person who files a complaint with the Commissionpursuant to NRS 1.4655; and

(b) A person who gives testimony at a public hearingheld by the Commission pursuant to NRS 1.467.

(Added to NRS by 1995, 800; A 1997, 1094)

Proceedings Concerning Disciplinary Action or Removal FromOffice

NRS 1.4653 Circumstancesunder which justice or judge may be disciplined or retired.

1. The Commission may remove, censure or impose otherforms of discipline on a justice or judge if the Commission determines that thejustice or judge:

(a) Has committed willful misconduct;

(b) Has willfully or persistently failed to perform theduties of his office; or

(c) Is habitually intemperate.

2. The Commission may censure or impose other forms ofdiscipline on a justice or judge if the Commission determines that the justiceor judge has violated one or more of the provisions of the Nevada Code ofJudicial Conduct in a manner that is not knowing or deliberate.

3. The Commission may retire a justice or judge if theCommission determines that:

(a) The advanced age of the justice or judge interfereswith the proper performance of his judicial duties; or

(b) The justice or judge suffers from a mental orphysical disability that prevents the proper performance of his judicial dutiesand 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 misdemeanorinvolving moral turpitude;

(2) A knowing or deliberate violation of one ormore of the provisions of the Nevada Code of Judicial Conduct;

(3) A knowing or deliberate act or omission inthe performance of judicial or administrative duties that:

(I) Involves fraud or bad faith or amountsto a public offense; and

(II) Tends to corrupt or impair theadministration of justice in a judicial proceeding; and

(4) Knowingly or deliberately swearing falselyin testimony before the Commission or in documents submitted under oath to theCommission.

(Added to NRS by 1997, 1088; A 1999, 93)

NRS 1.4655 Commencementof 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 thealleged misconduct or incapacity of a justice or judge upon the receipt of:

(a) A written, sworn complaint from any person whichalleges that the justice or judge has committed misconduct or is incapacitated;or

(b) Information from any source and in any format, fromwhich the Commission may reasonably infer that the justice or judge may havecommitted misconduct or be incapacitated.

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

(Added to NRS by 1997, 1088)

NRS 1.4657 Requiredactions upon receipt of complaint.

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

2. If the Commission determines that a complaint doesnot contain such allegations, the Commission shall dismiss the complaint.

3. If the Commission determines that a complaint doescontain such allegations, the Commission shall authorize further investigationto be conducted in accordance with NRS1.4663.

(Added to NRS by 1997, 1089)

NRS 1.466 Issuanceand enforcement of subpoenas.

1. During any stage of a disciplinary proceeding,including, but not limited to, an investigation to determine probable cause anda formal hearing, the Commission may issue a subpoena to compel the attendanceor 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 producematerials as required by the subpoena, the Commission may, in accordance withits procedural rules, hold the witness in contempt and impose a reasonablepenalty to enforce the subpoena.

3. If a witness continues to refuse to attend, testifyor produce materials as required by the subpoena, the Commission may report tothe district court by petition, setting forth that:

(a) Due notice has been given of the time and place ofattendance or testimony of the witness or the production of materials;

(b) The witness has been subpoenaed by the Commissionpursuant 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 foran order of the court compelling the witness to attend, testify or producematerials before the Commission.

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

5. If it appears to the court that the subpoena wasregularly issued by the Commission, the court shall enter an order that thewitness appear before the Commission at a time and place fixed in the order andtestify or produce materials, and that upon failure to obey the order thewitness 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 containsallegations which, if true, would establish grounds for discipline pursuant to NRS 1.4653, the Commission shall assign orappoint an investigator to conduct an investigation to determine whether theallegations have merit.

2. Such an investigation must be conducted inaccordance with procedural rules adopted by the Commission and may extend toany matter that is, in the determination of the Commission, reasonably relatedto an allegation of misconduct or incapacity contained in the complaint.

3. An investigator assigned or appointed by theCommission to conduct an investigation pursuant to this section may, for thepurpose of investigation, compel by subpoena on behalf of the Commission theattendance of witnesses and the production of necessary materials as set forthin NRS 1.466.

4. At the conclusion of the investigation, theinvestigator shall prepare a written report of the investigation for review bythe Commission.

(Added to NRS by 1997, 1089)

NRS 1.4665 Informalresolution of complaint relating to incapacity; medical, psychiatric orpsychological testing by physician; procedure when unable to resolve complaintinformally.

1. If a complaint received by the Commission allegesthat a justice or judge is incapacitated, the Commission shall, after examiningthe complaint and conducting an investigation pursuant to NRS 1.4657 and 1.4663, attempt to resolve the matterinformally. In attempting to resolve the matter informally, the Commission mayrequest that the justice or judge named in the complaint submit to medical,psychiatric or psychological testing by a physician licensed to practicemedicine in this state who is selected by the Commission.

2. If the Commission is unable to resolve the matterinformally 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 thepoint at which the prosecuting attorney files a statement of formal charges pursuantto NRS 1.467 and the justice or judgenamed in the complaint denies all or part of those charges, the Commissionshall deem such a denial to be consent on the part of the justice or judge tosubmit to medical, psychiatric or psychological testing by a physician licensedto practice medicine in this state who is selected by the Commission.

(b) Unless the justice or judge has retained counsel athis own expense, appoint an attorney to represent the justice or judge atpublic expense.

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

4. The provisions of this section do not prohibit ajustice or judge from having legal counsel and a physician of his choicepresent at a medical, psychiatric or psychological examination conductedpursuant to this section.

5. The Commission shall adopt procedural rules tocarry out the provisions of this section.

(Added to NRS by 1997, 1089)

NRS 1.4667 Reviewof report of investigation required; justice or judge to respond to complaintunder certain circumstances. The Commissionshall review the report of an investigation conducted pursuant to NRS 1.4663 to determine whether there issufficient reason to proceed. If the Commission determines that there is notsufficient reason to proceed, the Commission shall dismiss the complaint. Ifthe Commission determines that it could, in all likelihood, make adetermination in the affirmative pursuant to NRS1.467, the Commission shall require the justice or judge named in thecomplaint to respond to the complaint in accordance with procedural rulesadopted by the Commission. If the justice or judge fails to respond to thecomplaint, the Commission shall deem such failure to be an admission that thefacts 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 Findingof whether reasonable probability of grounds for disciplinary action existsrequired; procedure when reasonable probability is found to exist.

1. After the justice or judge named in the complaintresponds to the complaint pursuant to NRS1.4667 and after considering that response and other relevant information,the Commission shall make a finding of whether there is a reasonableprobability that the evidence available for introduction at a formal hearingcould clearly and convincingly establish grounds for disciplinary action againstthe justice or judge named in the complaint pursuant to NRS 1.4653.

2. If the Commission makes a finding that such areasonable probability does not exist, the Commission shall dismiss thecomplaint.

3. If the Commission makes a finding that such areasonable probability does exist, the Commission shall, in accordance with itsprocedural rules:

(a) Designate a prosecuting attorney, who must signunder oath a formal statement of charges against the justice or judge and filethe statement with the Commission;

(b) Require that the justice or judge submit to theCommission an answer to the formal statement of charges; and

(c) Hold a formal, public hearing on the merits of thecharges.

4. If the justice or judge fails to answer the formalstatement of charges pursuant to subsection 3, the Commission shall deem suchfailure 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 Actionsafter formal hearing on merits of charges. Afterholding a formal hearing on the merits of the charges filed pursuant to NRS 1.467, the Commission shall, inaccordance with its procedural rules, dismiss the charges or discipline thejustice or judge as deemed appropriate by the Commission.

(Added to NRS by 1997, 1090)

NRS 1.4675 Circumstancesunder which justice or judge may be suspended with or without pay; appeal.

1. The Commission shall suspend a justice or judgefrom the exercise of office with salary:

(a) While there is pending an indictment or informationcharging the justice or judge with a crime punishable as a felony pursuant tothe laws of the State of Nevada or the United States; or

(b) When the justice or judge has been adjudgedmentally incompetent or insane.

2. The Commission may suspend a justice or judge fromthe 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 crimepunishable as a felony pursuant to the laws of the State of Nevada or theUnited States. If the conviction is later reversed, the justice or judge mustbe paid his salary for the period of suspension.

3. The Commission may suspend a justice or judge fromthe exercise of office with salary if the Commission determines, pending afinal determination in a judicial disciplinary proceeding, that the justice orjudge poses a substantial threat of serious harm to the public or to theadministration of justice.

4. A justice or judge suspended pursuant to thissection may appeal the suspension to the Supreme Court for reconsideration ofthe order.

5. The Commission may suspend a justice or judgepursuant to this section only in accordance with its procedural rules.

(Added to NRS by 1997, 1091)

NRS 1.4677 Additionalforms of discipline. In addition to or in lieuof removal or censure, the Commission may impose other forms of discipline on ajustice or judge whom the Commission determines to have committed an act orengaged 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 toconditions 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 futureconduct.

8. Seek medical, psychiatric or psychological care orcounseling and direct the provider of health care or counselor to report to theCommission 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 forthin this section.

(Added to NRS by 1997, 1092)

NRS 1.468 Deferralof formal disciplinary action.

1. Except as otherwise provided in subsections 2 and3, if the Commission reasonably believes that a justice or judge has committedan act or engaged in a behavior that would be addressed most appropriatelythrough rehabilitation, treatment, education or minor corrective action, theCommission may enter into an agreement with the justice or judge to deferformal disciplinary proceedings and require the justice or judge to undergo therehabilitation, treatment, education or minor corrective action.

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

3. The Commission may enter into an agreement with ajustice or judge to defer formal disciplinary proceedings only in response tomisconduct that is minor in nature.

(Added to NRS by 1997, 1092)

NRS 1.4683 Confidentialityof proceedings and information and materials related to proceedings; issuanceof 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 theCommission must remain confidential until the Commission makes a determinationpursuant to NRS 1.467 and theprosecuting attorney files a formal statement of charges.

2. The confidentiality required pursuant to subsection1 also applies to all information and materials, written or oral, received ordeveloped by the Commission or its staff in the course of its work and relatingto 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 inconnection with such a proceeding,

if a witnessis prosecuted for perjury committed during the course of that proceeding.

4. If the Commission determines at any stage in adisciplinary proceeding that there is an insufficient factual or legal basis toproceed, the Commission shall dismiss the complaint and may, at the request ofthe justice or judge named in the complaint, publicly issue an explanatorystatement.

5. The Commission may issue press releases and otherpublic 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 releasesand statements must not, without the consent of the justice or judge concerned,disclose by name, position, address or other information the identity of ajustice or judge or other person involved in a proceeding then pending beforethe Commission or that has been resolved without an order of censure, removalor retirement, unless formal charges have been filed after a determinationpursuant to NRS 1.467.

6. The Commission may, without disclosing the name ofor any details that may identify the justice or judge involved, disclose theexistence of a proceeding before it to the State Board of Examiners and theInterim Finance Committee to obtain additional money for its operation from theContingency Fund established pursuant to NRS353.266.

7. No record of any medical examination, psychiatricevaluation or other comparable professional record made for use in an informalresolution pursuant to subsection 1 of NRS1.4665 may be made public at any time without the consent of the justice orjudge concerned.

(Added to NRS by 1997, 1092)

NRS 1.4685 Breachof confidentiality punishable as contempt. Exceptas otherwise provided in NRS 1.4693,any person who breaches the confidentiality of disciplinary proceedings of theCommission is punishable for contempt.

(Added to NRS by 1997, 1093)

NRS 1.4687 Publicaccess to formal statement of charges and other filed documents; open hearings;private deliberative sessions. Upon the filingof a formal statement of charges with the Commission by the prosecutingattorney, the statement and other documents later formally filed with theCommission must be made accessible to the public, and hearings must be open.The Commissions deliberative sessions must remain private. The filing of theformal statement of charges does not justify the Commission, its counsel orstaff in making public any correspondence, notes, work papers, interviewreports or other evidentiary matter, except at the formal hearing or withexplicit consent of the justice or judge named in the complaint.

(Added to NRS by 1997, 1093)

NRS 1.469 Authorizedstatements by Commission when subject matter becomes public. In any disciplinary proceeding in which the subject matterbecomes public, through independent sources, or upon a determination pursuantto NRS 1.467 and filing of a formalstatement of charges, the Commission may issue such statements as it deemsappropriate under the circumstances to:

1. Confirm the pendency of the investigation;

2. Clarify the procedural aspects of the disciplinaryproceedings;

3. Explain the right of the justice or judge to a fairhearing without prejudgment;

4. State that the justice or judge denies theallegations;

5. Explain the reasons for dismissing a complaint; and

6. Explain why the Commission chose to enter into anagreement with a justice or judge pursuant to subsection 1 of NRS 1.468.

(Added to NRS by 1997, 1093)

NRS 1.4693 Authorizeddisclosures 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 Commissionmay:

(a) At any time, reveal to a third party the allegedconduct of a justice or judge underlying the complaint that he filed with theCommission or the substance of testimony that he gave before the Commission.

(b) After the Commission makes a determination pursuantto NRS 1.467, regardless of whether thedetermination results in the filing of formal charges, reveal to a third partythe fact that he filed a complaint with the Commission.

2. A person who gives testimony before the Commissionmay:

(a) At any time, reveal to a third party the substanceof testimony that he gave before the Commission.

(b) After the Commission makes a determination pursuantto NRS 1.467, regardless of whether thedetermination results in the filing of formal charges, reveal to a third partythe fact that he gave testimony before the Commission.

(Added to NRS by 1997, 1094)

NRS 1.4695 Rulesto be adopted to establish privileged status of certain communications. The Commission shall adopt rules to establish the statusof particular communications related to a disciplinary proceeding as privilegedor nonprivileged.

(Added to NRS by 1997, 1094)

NATIONAL JUDICIAL COLLEGE

NRS 1.470 Fundfor the National Judicial College.

1. The Fund for the National Judicial College ishereby created as a special revenue fund. The interest and income earned on themoney in the Fund, in an amount not exceeding $300,000 per year, afterdeducting any applicable charges, must be credited to the Fund. Any interestand income earned in excess of $300,000 per year must be credited to the StateGeneral Fund.

2. The State Treasurer shall, subject to thelimitation in subsection 1, pay to the Dean of the National Judicial College atthe end of each quarter an amount equal to any interest and income credited tothe Fund during that quarter. The Dean may use the money to pay expenses whichrelate to operating the College.

3. The State Board of Examiners may, upon making adetermination that any portion of the principal of the money in the Fund isnecessary to meet existing or future obligations of the State, recommend to theInterim Finance Committee that the amount so needed be transferred from theFund to the State General Fund. Upon approval of the Interim Finance Committee,the money may be so transferred.

4. The Dean shall submit an itemized statement of allof the income and expenditures of the National Judicial College each year tothe Legislature or the Interim Finance Committee.

(Added to NRS by 1985, 1506; A 1989, 1989; 1997, 119)

NATIONAL COLLEGE OF JUVENILE AND FAMILY LAW

NRS 1.480 Fundfor the National College of Juvenile and Family Law.

1. The Fund for the National College of Juvenile andFamily Law is hereby created as a special revenue fund. The interest and incomeearned on the money in the Fund, in an amount not exceeding $200,000 per year,after deducting any applicable charges, must be credited to the Fund. Anyinterest and income earned in excess of $200,000 per year must be credited tothe State General Fund.

2. The State Treasurer shall, subject to thelimitation in subsection 1, pay to the Dean of the National College of Juvenileand Family Law at the end of each quarter an amount equal to any interest andincome credited to the Fund during that quarter. The Dean may use the money topay expenses relating to the operation of the College.

3. The State Board of Examiners may, upon making adetermination that any portion of the principal of the money in the Fund isnecessary to meet existing or future obligations of the State, recommend to theInterim Finance Committee that the amount so needed be transferred from theFund to the State General Fund. Upon approval of the Interim Finance Committee,the money may be so transferred.

4. The Dean shall submit an itemized statement of allof the income and expenditures of the National College of Juvenile and FamilyLaw each year to the Legislature or the Interim Finance Committee.

(Added to NRS by 1989, 1989; A 1997, 119, 1304)

INTERPRETERS AND TRANSLATORS

General Provisions

NRS 1.500 Feesof interpreters and translators. Interpretersand translators shall receive such fees as the court by whom they are employedshall certify to be just.

[14:49:1883; BH 2355; C 2479; RL 2016; NCL 2947](Substituted in revision for NRS 1.110)

Court Interpreters for Persons Who Speak Language OtherThan English

NRS 1.510 Regulationsestablishing program of certification; grounds for disciplinary action.[Effective until the date of the repeal of the federal law requiring each stateto establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

1. The Court Administrator shall, in consultation withthe committee established pursuant to NRS1.530, adopt regulations which, subject to the availability of funding,establish a program for the certification of court interpreters for witnesses,defendants and litigants who speak a language other than English and do notknow the English language.

2. The regulations must set forth:

(a) The specific languages for which court interpretersmay obtain certification, based upon the need for interpreters of thoselanguages.

(b) Any examination and the qualifications which arerequired for:

(1) Certification; and

(2) Renewal of the certification.

(c) The circumstances under which the CourtAdministrator will deny, suspend or refuse to renew a certificate.

(d) The circumstances under which the CourtAdministrator will take disciplinary action against a court interpreter.

(e) The circumstances under which a court must requirethe services of an interpreter who is certified.

(f) Except as otherwise provided in NRS 50.050, the rate and source of the compensationto be paid for services provided by a certified court interpreter.

3. An application for a certificate as a courtinterpreter must include the social security number of the applicant.

4. Except as otherwise provided by a specificregulation of the Court Administrator, it is grounds for disciplinary actionfor a certified court interpreter to act as interpreter in any action in which:

(a) His spouse is a party;

(b) A party or witness is otherwise related to him;

(c) He is biased for or against one of the parties; or

(d) He otherwise has an interest in the outcome of theproceeding.

(Added to NRS by 1995, 801; A 1997, 2033)

NRS 1.510 Regulations establishing program ofcertification; grounds for disciplinary action. [Effective on the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

1. The Court Administrator shall, in consultation withthe committee established pursuant to NRS1.530, adopt regulations which, subject to the availability of funding,establish a program for the certification of court interpreters for witnesses,defendants and litigants who speak a language other than English and do notknow the English language.

2. The regulations must set forth:

(a) The specific languages for which court interpretersmay obtain certification, based upon the need for interpreters of thoselanguages.

(b) Any examination and the qualifications which arerequired for:

(1) Certification; and

(2) Renewal of the certification.

(c) The circumstances under which the CourtAdministrator will deny, suspend or refuse to renew a certificate.

(d) The circumstances under which the CourtAdministrator will take disciplinary action against a court interpreter.

(e) The circumstances under which a court must requirethe services of an interpreter who is certified.

(f) Except as otherwise provided in NRS 50.050, the rate and source of the compensationto be paid for services provided by a certified court interpreter.

3. Except as otherwise provided by a specific regulationof the Court Administrator, it is grounds for disciplinary action for acertified court interpreter to act as interpreter in any action in which:

(a) His spouse is a party;

(b) A party or witness is otherwise related to him;

(c) He is biased for or against one of the parties; or

(d) He otherwise has an interest in the outcome of theproceeding.

(Added to NRS by 1995, 801; A 1997, 2033, effectiveon the date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings)

NRS 1.520 Regulationsto carry out program of certification; imposition of fees or fines. The Court Administrator may:

1. In consultation with the committee establishedpursuant to NRS 1.530, adopt anyregulations necessary to carry out a program for the certification of courtinterpreters.

2. Impose on a certified court interpreter:

(a) Any fees necessary to reimburse the CourtAdministrator for the cost of administering the program; and

(b) A fine for any violation of a regulation of theCourt Administrator adopted pursuant to this section or NRS 1.510.

(Added to NRS by 1995, 802)

NRS 1.530 Committeeto advise Court Administrator regarding regulations relating to certification.

1. The Chief Justice shall appoint, from a list ofrecommendations submitted to him by the Court Administrator, a committee toadvise the Court Administrator regarding his adoption of regulations pursuantto NRS 1.510 and 1.520. The committee must consist of:

(a) A district judge;

(b) A justice of the peace or municipal judge in acounty whose population is less than 100,000;

(c) An administrator of a district court;

(d) An administrator of a Justice Court or municipalcourt in a county whose population is less than 100,000;

(e) A representative of the Nevada System of HigherEducation;

(f) A representative of a nonprofit organization forpersons who speak a language other than English; and

(g) A person certified to act as an interpreter for afederal court.

2. The Court Administrator is ex officio chairman ofthe committee.

3. Members of the committee shall serve in thatcapacity without any additional compensation.

(Added to NRS by 1995, 802)

NRS 1.540 Unlawfulacts; civil action or recovery prohibited for certain violations.

1. It is unlawful for a person to act as a certifiedcourt interpreter or advertise or put out any sign or card or other devicewhich might indicate to the public that he is entitled to practice as acertified court interpreter without a certificate as an interpreter issued bythe Court Administrator pursuant to NRS1.510 and 1.520.

2. No civil action may be instituted, nor recoverytherein be had, for a violation of the provisions of this section or NRS 1.510 or 1.520 or a violation of a regulationadopted by the Court Administrator pursuant to NRS 1.510 or 1.520.

(Added to NRS by 1995, 803)

NRS 1.550 Statementconcerning obligation for child support required for issuance or renewal ofcertificate. [Expires by limitation on the date of the repeal of the federallaw requiring each state to establish procedures for withholding, suspendingand restricting the professional, occupational and recreational licenses forchild support arrearages and for noncompliance with certain processes relatingto paternity or child support proceedings.]

1. An applicant for the issuance or renewal of acertificate as a court interpreter shall submit to the Court Administrator thestatement prescribed by the Division of Welfare and Supportive Services of theDepartment of Health and Human Services pursuant to NRS 425.520. The statement must becompleted and signed by the applicant.

2. The Court Administrator shall include the statementrequired pursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the certificate; or

(b) A separate form prescribed by the Court Administrator.

3. A certificate as a court interpreter may not beissued or renewed by the Court Administrator if the applicant:

(a) Fails to complete or submit the statement requiredpursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Court Administratorshall advise the applicant to contact the district attorney or other publicagency enforcing the order to determine the actions that the applicant may taketo satisfy the arrearage.

(Added to NRS by 1997, 2032)

NRS 1.560 Suspensionof certificate; reinstatement of suspended certificate. [Expires by limitationon the date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

1. If the Court Administrator receives a copy of acourt order issued pursuant to NRS 425.540that provides for the suspension of all professional, occupational andrecreational licenses, certificates and permits issued to a person who is theholder of a certificate as a court interpreter, the Court Administrator shalldeem the certificate issued to that person to be suspended at the end of the30th day after the date on which the court order was issued unless the CourtAdministrator receives a letter issued to the holder of the certificate by thedistrict attorney or other public agency pursuant to NRS 425.550 stating that the holder of the certificatehas complied with the subpoena or warrant or has satisfied the arrearagepursuant to NRS 425.560.

2. The Court Administrator shall reinstate acertificate as a court interpreter that has been suspended by a district courtpursuant to NRS 425.540 if:

(a) The Court Administrator receives a letter issued bythe district attorney or other public agency pursuant to NRS 425.550 to the person whose certificatewas suspended stating that the person whose certificate was suspended hascomplied with the subpoena or warrant or has satisfied the arrearage pursuantto NRS 425.560; and

(b) The person whose certificate was suspended pays anyfees imposed by the Court Administrator pursuant to NRS 1.520 for the reinstatement of asuspended certificate.

(Added to NRS by 1997, 2032)

 

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