NRS
1.440 Jurisdiction of Commission over judges; filing of complaint or
action relating to proceeding of Commission; appointment of justices of the
peace and municipal judges to Commission.
1. Except as otherwise provided in
subsection 2, the Commission has exclusive jurisdiction over the public
censure, removal, involuntary retirement and other discipline of judges which
is coextensive with its jurisdiction over justices of the Supreme Court and
must be exercised in the same manner and under the same rules.
2. If a judge is licensed to practice law
in this State:
(a) The State Bar of Nevada has jurisdiction over
disciplinary action for acts or omissions that occurred before the date on
which the judge entered upon the duties of office; and
(b) The Commission has jurisdiction over the
public censure, removal, involuntary retirement and other discipline imposed as
a result of an act or omission that occurs on and after the date on which the
judge enters upon the duties of office.
3. Any complaint or action, including,
without limitation, an interlocutory action or appeal, filed in connection with
any proceeding of the Commission must be filed in the Supreme Court. Any such
complaint or action filed in a court other than the Supreme Court shall be
presumed to be frivolous and intended solely for the purposes of delay.
4. The Supreme Court shall appoint two
justices of the peace and two municipal judges to sit on the Commission for
formal, public proceedings against a justice of the peace or a municipal judge,
respectively. Justices of the peace and municipal judges so appointed must be
designated by an order of the Supreme Court to sit for such proceedings in
place of and to serve for the same terms as the regular members of the
Commission appointed by the Supreme Court.
(Added to NRS by 1977,
936; A 1983,
108; 1995,
800; 1997,
1094; 2005,
305; 2009,
1338; 2015,
951; 2023,
166)
Notes of Decisions
Cited in
11
cases (
1 in the last 5 years), 1990–2021 · leading case:
In Re Honorable Davis, 946 P.2d 1033 (Nev. 1997).
In Re Honorable Davis, 946 P.2d 1033 (Nev. 1997).
· cites it 19× “Appellant's contention rests upon two assumptions: (1) NRS 1.440 was unconstitutional; and (2) retroactive application of the 1994 constitutional amendment to pre-1994 conduct violates the prohibition against ex post facto laws.”
Halverson v. Hardcastle, 163 P.3d 428 (Nev. 2007).
“17 (2000); see also NRS 1.440(1) (“The Commission has exclusive jurisdiction over the censure, removal, involuntary retirement and other discipline of judges which is coextensive with its jurisdiction over justices of the Supreme Court and must be exercised in the same manner…”
In Re: Discipline of Christopher R. Arabia, 2021 NV 59 (Nev. 2021).
· cites it 2× “For example, NRS 1.440(1) provides that the Commission on_ Judicial Discipline "has exclusive jurisdiction" to discipline judges.”
Mosley v. Nevada Comm'n on Jud. Discipline, 22 P.3d 655 (Nev. 2001).
· cites it 2× “NRS 1.440(2) (empowering this court to appoint two justices of the peace or municipal judge to sit on the Commission for proceedings against a justice of the peace or municipal judge.”
Goldman v. Bryan, 787 P.2d 372 (Nev. 1990).
· cites it 2× “Appellant further attempts to distinguish the holdings of Powers and Peoples on the basis of an official opinion of the attorney general addressing disciplinary proceedings instituted by the Commission against a justice of the peace or municipal court judge pursuant to NRS…”
Ramsey Vs. the City of N. Las Vegas, 2017 NV 16 (Nev. 2017).
· cites it 4× “As Ramsey points out, in 1977, the Legislature enabled Article 6, Section 21 by enacting NRS 1.440, which provided, in pertinent part, that "Nile commission on judicial discipline has exclusive jurisdiction over the censure, removal and involuntary retirement of justices of the…”
Ramsey Vs. the City of N. Las Vegas, 2017 NV 16 (Nev. 2017).
· cites it 2× “As Ramsey points out, in 1977, the Legislature enabled Article 6, Section 21 by enacting NRS 1.440, which provided, in pertinent part, that "Nile commission on judicial discipline has exclusive jurisdiction over the censure, removal and involuntary retirement of justices of the…”
— Nev. Rev. Stat. § 1.440(1) — 6 cases
Halverson v. Hardcastle, 163 P.3d 428 (Nev. 2007).
“17 (2000); see also NRS 1.440(1) (“The Commission has exclusive jurisdiction over the censure, removal, involuntary retirement and other discipline of judges which is coextensive with its jurisdiction over justices of the Supreme Court and must be exercised in the same manner…”
In Re Honorable Davis, 946 P.2d 1033 (Nev. 1997).
“Appellant's contention rests upon two assumptions: (1) NRS 1.440 was unconstitutional; and (2) retroactive application of the 1994 constitutional amendment to pre-1994 conduct violates the prohibition against ex post facto laws.”
— Nev. Rev. Stat. § 1.440(2) — 1 case
Mosley v. Nevada Comm'n on Jud. Discipline, 22 P.3d 655 (Nev. 2001).
“NRS 1.440(2) (empowering this court to appoint two justices of the peace or municipal judge to sit on the Commission for proceedings against a justice of the peace or municipal judge.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.