NRS 1.4655 Commencement of inquiry regarding alleged misconduct or incapacity of judge; time limitation for considering complaints; certain action required.

310 words·~1 min read·/nv/chapter-1-judicial-department-generally/1-4655·

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

1. The Commission may begin an inquiry regarding the alleged misconduct or incapacity of a judge upon the receipt of a complaint.

2. The Commission shall not consider complaints arising from acts or omissions that occurred more than 3 years before the date of the complaint or more than 1 year after the complainant knew or in the exercise of reasonable diligence should have known of the conduct, whichever is earlier, except that:

(a)Where there is a continuing course of conduct, the conduct will be deemed to have been committed at the termination of the course of conduct;

(b)Where there is a pattern of recurring judicial misconduct and at least one act occurs within the 3-year or 1-year period, as applicable, the Commission may consider all prior acts or omissions related to that pattern; and

(c)Any period in which the judge has concealed or conspired to conceal evidence of misconduct is not included in the computation of the time limit for the filing of a complaint pursuant to this section.

3. Within 18 months after the receipt of a complaint pursuant to this section, the Commission shall:

(a)Dismiss the complaint with or without a letter of caution;

(b)Attempt to resolve the complaint informally as required pursuant to NRS 1.4665 ;

(c)Enter into a deferred discipline agreement pursuant to NRS 1.468 ;

(d)With the consent of the judge, impose discipline on the judge pursuant to an agreement between the judge and the Commission; or

(e)Authorize the filing of a formal statement of the charges based on a finding 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.