Nevada Commission on Judicial Discipline

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The Nevada Commission on Judicial Discipline is an organization that is charged in hearing complaints, adminstering discipline, and determining if judge's actions or disability warrant removal from the Nevada Judiciary.

Contents

History

The Commission was created by a Constitutional amendment on November 2, 1976, to investigate allegations of Judicial misconduct in office, violations of the Code of Judicial Conduct, or disability of judges[1].

Composition of the Commission

The Commission is composed of seven members: two judges appointed by the Nevada Supreme court, two attorneys appointed by the Board of Governors of the State Bar of Nevada; and three lay persons appointed by the Governor of the State of Nevada. Its staff consists of a full-time General Counsel/Executive Director and a Management Analyst[2].

How the Commission Works

The Commission meets approximately six times per year in regularly scheduled meetings and as necessary by telephone conference meetings. The Commission also conducts formal hearings as a Court of Judicial Discipline. The Commission will review all complaints received. No complaint will be decided solely on the basis of claims made by the complainant. All allegations warranting an investigation will be investigated.

After initial inquiry, the Commission may dismiss the complaint or conduct a full investigation. A complaint against a judge may be dismissed by the Commission at any time during the investigation if the charge is found to be without merit.

After dismissal of a complaint, the Commission has the authority to confidentially caution judges regarding their conduct. In order to discipline a judge, the Commission must conduct a formal public hearing and issue a written decision.

Types of Complaints

The Commission has the authority to handle a wide range of complaints against judges including, but not limited to: violations of the Model Code of Judicial Conduct; failure to perform the duties of office; and mental or physical disability that is likely to be permanent in nature, which prevents the proper performance of judicial duties.

Powers of the Commission

Pursuant to Article 6, Section 21(5) of the Nevada Constitution, the Nevada Legislature has passed statutes which govern the Commission’s functions. Nevada Revised Statutes (NRS) 1.4677 provides that in addition to or in lieu of removal or censure, the Commission may impose other forms of discipline including, but not limited to, requiring a judge to:

1. Pay a fine. 2. Serve a term of suspension from office. 3. Complete a probationary period pursuant to conditions 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 future conduct. 8. Seek medical, psychiatric or psychological care or counseling and direct the provider of heath care or counselor to report to the commission 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 forth in this section[3].

Powers the Commission Does Not Have

The Commission does not have the authority to consider complaints concerning legal errors alleged to have been made by a judge. That is the role of the Appellate Court system. Complainants should not wait to hear from the Commission before pursing legal remedies or seeking the advice of an attorney. The Commission cannot give legal advice to citizens or represent citizens.

The Commission cannot consider complaints against attorneys. Such complaints should be directed to the State Bar of Nevada[4].

Members of the Commission

Regular Commission Members and Staff

Alternate Commission Members

In The News

Elizabeth Halverson a judge in Clark County is facing removal as the Nevada Judical Commission is currently hearing on a case if whether she abused her power as a judge. A complaint shown reveals that she ask the baliff to touch her feet and massage her, and heat her dinner. Also she was alledged of napping during trials and swearing at employees[5]

References

  1. ↑ http://judicial.state.nv.us/purposenjdc3new.htm
  2. ↑ http://judicial.state.nv.us/purposenjdc3new.htm
  3. ↑ http://judicial.state.nv.us/purposenjdc3new.htm
  4. ↑ http://judicial.state.nv.us/purposenjdc3new.htm
  5. ↑ http://www.lasvegasnow.com/Global/story.asp?S=8618274
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