NRS 1.4653 Circumstances under which judge may be disciplined or retired; forfeiture of office by justice of the peace or municipal judge for failure to attend required instruction.

401 words·~2 min read·/nv/chapter-1-judicial-department-generally/1-4653·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. The Commission may remove a judge, publicly censure a judge or impose other forms of discipline on a judge if the Commission determines that the judge:

(a)Has committed willful misconduct;

(b)Has willfully or persistently failed to perform the duties of office; or

(c)Is habitually intemperate.

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

3. The Commission may retire a judge if the Commission determines that:

(a)The advanced age of the judge interferes with the proper performance of judicial duties; or

(b)The judge suffers from a mental or physical disability that prevents the proper performance of judicial duties and is likely to be permanent in nature.

4. The Commission may order a justice of the peace or a municipal judge to forfeit his or her office if he or she fails to attend the instruction required pursuant to NRS 4.036 or 5.026 , as applicable, unless the Commission finds that there was a reasonable excuse for the failure to attend the instruction.

5. As used in this section:

(a)“Habitually intemperate” means the chronic, excessive use of alcohol or another substance that affects mental processes, awareness or judgment.

(b)“Willful misconduct” includes:

(1)Conviction of any crime involving moral turpitude;

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

(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.

Ê The term does not include claims of error or abuse of discretion in findings of fact, legal decisions or procedural rulings unless supported by evidence of abuse of authority, a disregard for fundamental rights, an intentional disregard of the law, a pattern of legal error or an action taken for a purpose other than the faithful discharge of judicial duty.