Nevada § 1.4675 - Circumstances under which a judge may be suspended with or without pay; hearing; appeal

§ 1.4675. Circumstances under which a judge may be suspended with or without pay; hearing; appeal

1. The Commission shall suspend a judge from the exercise of office with salary: (a) While there is pending an indictment or information charging the judge with a

crime punishable as a felony pursuant to the laws of the State of Nevada or the United

States; or (b) When the judge has been adjudged mentally incompetent or insane. 2. The Commission may suspend a judge from the exercise of office without salary if

the judge: (a) Pleads guilty, guilty but mentally ill or no contest to a charge of; or (b) Is found guilty or guilty but mentally ill of, a crime punishable as a felony pursuant to the laws of the State of Nevada or the

United States. If the conviction is later reversed, the judge must be paid his or her salary for

the period of suspension. 3. In addition to the grounds set forth in subsection 2, the Commission may suspend

a judge from the exercise of office without salary if the Commission determines that

the judge: (a) Has committed serious and repeated willful misconduct; (b) Has willfully or persistently failed to perform the duties of office; or (c) Is habitually intemperate, and the Commission determines that the circumstances surrounding such conduct, including,

without limitation, any mitigating factors, merit disciplinary action more severe

than censure but less severe than removal. 4. During any stage of a disciplinary proceeding, the Commission may suspend the judge

from the exercise of office with salary pending a final disposition of the complaint

if the Commission determines, by a preponderance of the evidence, that the judge poses

a substantial threat of serious harm to the public or to the administration of justice. 5. The Commission shall give the judge 7 days' notice of its intention to suspend

the judge pursuant to this section and shall give the judge an opportunity to respond. The Commission shall hold a public hearing before ordering such a suspension, unless

the judge waives the right to the hearing. The decision of the Commission must be made public. 6. A judge suspended pursuant to this section may appeal the suspension to the appellate

court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant

to Section 4 of Article 6 of the Nevada Constitution . If a judge appeals such a suspension: (a) The standard of review for such an appeal is an abuse of discretion standard;

and (b) The proceedings held at the appellate court of competent jurisdiction pursuant

to the rules fixed by the Supreme Court concerning the suspension must be open to

the public. 7. Within 60 days after a decision by the Commission to suspend a judge pursuant to

this section, the Commission shall: (a) Have a formal statement of charges filed against the judge; (b) Rescind the suspension; or (c) Enter into a deferred discipline agreement with the judge pursuant to NRS 1.468 . 8. The Commission may suspend a judge pursuant to this section only in accordance

with its procedural rules.