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.
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.
(Added to NRS by 1997,
1088; A 1999,
93; 2009,
1339; 2017,
339)
Notes of Decisions
Halverson v. Hardcastle, 163 P.3d 428 (Nev. 2007).
“39 See NRS 1.4653(1), (2), (4)(b) (providing that the commission may discipline a judge for willful misconduct, including knowingly committing an administrative act that tends to impair the administration of justice in a judicial proceeding, willful or persistent failure to…”
In Re: Jud. Discipline of Rena Hughes, 2020 NV 46 (Nev. 2020).
· cites it 8× “4257; NRS 1.4653(2). The statutory scheme envisioned that these responses constituted distinct forms of SUPREME COURT OF NEVADA 13 (0) I947A *OP sanction.”
In Re Assad, 185 P.3d 1044 (Nev. 2008).
· cites it 4× “'" [28] *1054 NRS 1.4653(1) permits the Commission to remove, censure, or impose other discipline on a judge if the Commission determines that the judge has engaged in willful misconduct, willfully or deliberately failed to perform judicial duties, or is habitually intemperate.”
Assad v. Nevada Comm'n on Jud. Discipline, 185 P.3d 1044 (Nev. 2008).
· cites it 4× “’ ” 28 NRS 1.4653(1) permits the Commission to remove, censure, or impose other discipline on a judge if the Commission determines that the judge has engaged in willful misconduct, willfully or deliberately failed to perform judicial duties, or is habitually intem *407 perate.”
Fine v. Nevada Comm'n on Jud. Discipline, 13 P.3d 400 (Nev. 2000).
“In 1999, subsequent to the events relevant to this case, the Nevada Legislature, pursuant to the authority granted to the Legislature by the 1998 amendments to the Nevada Constitution, has defined “willful misconduct” in NRS 1.4653(4)(b) to include, inter alia-.”
In Re Fine, 13 P.3d 400 (Nev. 2000).
“In 1999, subsequent to the events relevant to this case, the Nevada Legislature, pursuant to the authority granted to the Legislature by the 1998 amendments to the Nevada Constitution, has defined "willful misconduct" in NRS 1.4653(4)(b) to include, inter alia: (2) A knowing or…”
In Re: Jud. Discipline Of Jennifer Henry, 477 P.3d 368 (Nev. 2020).
· cites it 5× “The Commission disciplined Hearing Master Henry, pursuant to NRS 1.4653(1) and (2), with a public admonishment and by requiring her attendance at a course at the National Judicial College.”
In Re: Jud. Discipline of Steven Jones (Nev. 2016).
“NRS 1.4653(2). Without considering Counts 3 and 12, Judge Jones allowed an attorney to appear before him and litigate termination of parental rights cases at the same time he pursued a close social relationship with that attorney, even after other attorneys that appeared before…”
Andress-Tobiasson (Melanie) Vs. Nev. Comm'N On Jud. Discipline, 475 P.3d 776 (Nev. 2020).
“4653 outlines the reasons that a judge may be disciplined and defines "willful misconduct" to include a "knowing or deliberate violation" of the Code, among other things, NRS 1.4653(5)(b)(2), but it says nothing about whether the FSC must allege whether the judge acted willfully…”
— Nev. Rev. Stat. § 1.4653(1) — 4 cases
Halverson v. Hardcastle, 163 P.3d 428 (Nev. 2007).
“39 See NRS 1.4653(1), (2), (4)(b) (providing that the commission may discipline a judge for willful misconduct, including knowingly committing an administrative act that tends to impair the administration of justice in a judicial proceeding, willful or persistent failure to…”
In Re Assad, 185 P.3d 1044 (Nev. 2008).
“'" [28] *1054 NRS 1.4653(1) permits the Commission to remove, censure, or impose other discipline on a judge if the Commission determines that the judge has engaged in willful misconduct, willfully or deliberately failed to perform judicial duties, or is habitually intemperate.”
Assad v. Nevada Comm'n on Jud. Discipline, 185 P.3d 1044 (Nev. 2008).
“’ ” 28 NRS 1.4653(1) permits the Commission to remove, censure, or impose other discipline on a judge if the Commission determines that the judge has engaged in willful misconduct, willfully or deliberately failed to perform judicial duties, or is habitually intem *407 perate.”
In Re: Jud. Discipline Of Jennifer Henry, 477 P.3d 368 (Nev. 2020).
“The Commission disciplined Hearing Master Henry, pursuant to NRS 1.4653(1) and (2), with a public admonishment and by requiring her attendance at a course at the National Judicial College.”
— Nev. Rev. Stat. § 1.4653(1)(a) — 1 case
In Re: Jud. Discipline Of Jennifer Henry, 477 P.3d 368 (Nev. 2020).
“The Commission disciplined Hearing Master Henry, pursuant to NRS 1.4653(1) and (2), with a public admonishment and by requiring her attendance at a course at the National Judicial College.”
— Nev. Rev. Stat. § 1.4653(2) — 5 cases
In Re Assad, 185 P.3d 1044 (Nev. 2008).
“'" [28] *1054 NRS 1.4653(1) permits the Commission to remove, censure, or impose other discipline on a judge if the Commission determines that the judge has engaged in willful misconduct, willfully or deliberately failed to perform judicial duties, or is habitually intemperate.”
Assad v. Nevada Comm'n on Jud. Discipline, 185 P.3d 1044 (Nev. 2008).
“’ ” 28 NRS 1.4653(1) permits the Commission to remove, censure, or impose other discipline on a judge if the Commission determines that the judge has engaged in willful misconduct, willfully or deliberately failed to perform judicial duties, or is habitually intem *407 perate.”
In Re: Jud. Discipline of Rena Hughes, 2020 NV 46 (Nev. 2020).
“4257; NRS 1.4653(2). The statutory scheme envisioned that these responses constituted distinct forms of SUPREME COURT OF NEVADA 13 (0) I947A *OP sanction.”
In Re: Jud. Discipline of Steven Jones (Nev. 2016).
“NRS 1.4653(2). Without considering Counts 3 and 12, Judge Jones allowed an attorney to appear before him and litigate termination of parental rights cases at the same time he pursued a close social relationship with that attorney, even after other attorneys that appeared before…”
In Re: Jud. Discipline Of Jennifer Henry, 477 P.3d 368 (Nev. 2020).
“The Commission disciplined Hearing Master Henry, pursuant to NRS 1.4653(1) and (2), with a public admonishment and by requiring her attendance at a course at the National Judicial College.”
— Nev. Rev. Stat. § 1.4653(4)(b) — 2 cases
Fine v. Nevada Comm'n on Jud. Discipline, 13 P.3d 400 (Nev. 2000).
“In 1999, subsequent to the events relevant to this case, the Nevada Legislature, pursuant to the authority granted to the Legislature by the 1998 amendments to the Nevada Constitution, has defined “willful misconduct” in NRS 1.4653(4)(b) to include, inter alia-.”
In Re Fine, 13 P.3d 400 (Nev. 2000).
“In 1999, subsequent to the events relevant to this case, the Nevada Legislature, pursuant to the authority granted to the Legislature by the 1998 amendments to the Nevada Constitution, has defined "willful misconduct" in NRS 1.4653(4)(b) to include, inter alia: (2) A knowing or…”
— Nev. Rev. Stat. § 1.4653(5) — 1 case
In Re: Jud. Discipline Of Jennifer Henry, 477 P.3d 368 (Nev. 2020).
“The Commission disciplined Hearing Master Henry, pursuant to NRS 1.4653(1) and (2), with a public admonishment and by requiring her attendance at a course at the National Judicial College.”
— Nev. Rev. Stat. § 1.4653(5)(b) — 1 case
In Re: Jud. Discipline of Rena Hughes, 2020 NV 46 (Nev. 2020).
“4257; NRS 1.4653(2). The statutory scheme envisioned that these responses constituted distinct forms of SUPREME COURT OF NEVADA 13 (0) I947A *OP sanction.”
— Nev. Rev. Stat. § 1.4653(5)(b)(2) — 1 case
Andress-Tobiasson (Melanie) Vs. Nev. Comm'N On Jud. Discipline, 475 P.3d 776 (Nev. 2020).
“4653 outlines the reasons that a judge may be disciplined and defines "willful misconduct" to include a "knowing or deliberate violation" of the Code, among other things, NRS 1.4653(5)(b)(2), but it says nothing about whether the FSC must allege whether the judge acted willfully…”
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