Assembly Bill No. 81–Committee on Judiciary
(On Behalf of Commission on Judicial Discipline)
February 4, 1999
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Referred to Committee on Judiciary
SUMMARY—Clarifies that judges of municipal courts and justices of the peace may not seek reelection if they previously were removed or retired from any judicial office. (BDR 1-401)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1. NRS 1.4653 is hereby amended to read as follows:1-2
1.4653 1. The commission may remove, censure or impose other1-3
forms of discipline on a justice or judge if the commission determines that1-4
the justice or judge:1-5
(a) Has committed willful misconduct;1-6
(b) Has willfully or persistently failed to perform the duties of his1-7
office; or1-8
(c) Is habitually intemperate.1-9
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1-11
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2. The commission may censure or impose other forms of discipline1-13
on a justice or judge if the commission determines that the justice or judge1-14
has violated one or more of the provisions of the Nevada Code of Judicial1-15
Conduct in a manner that is not knowing or deliberate.2-1
3. The commission may retire a justice or judge if the commission2-2
determines that:2-3
(a) The advanced age of the justice or judge interferes with the proper2-4
performance of his judicial duties; or2-5
(b) The justice or judge suffers from a mental or physical disability that2-6
prevents the proper performance of his judicial duties and is likely to be2-7
permanent in nature.2-8
4. As used in this section:2-9
(a) "Habitual intemperance" means the chronic, excessive use of2-10
alcohol or another substance that affects mental processes, awareness or2-11
judgment.2-12
(b) "Willful misconduct" includes:2-13
(1) Conviction of a felony or of a misdemeanor involving moral2-14
turpitude;2-15
(2) A knowing or deliberate violation of one or more of the2-16
provisions of the Nevada Code of Judicial Conduct;2-17
(3) A knowing or deliberate act or omission in the performance of2-18
judicial or administrative duties that:2-19
(I) Involves fraud or bad faith or amounts to a public offense; and2-20
(II) Tends to corrupt or impair the administration of justice in a2-21
judicial proceeding; and2-22
(4) Knowingly or deliberately swearing falsely in testimony before2-23
the commission or in documents submitted under oath to the commission.2-24
Sec. 2. NRS 2.020 is hereby amended to read as follows: 2.020 A person shall not be a candidate for or be eligible to the office2-26
of justice of the supreme court:2-27
1. Unless he has attained the age of 25 years.2-28
2. Unless he is an attorney licensed and admitted to practice law in the2-29
courts of this state.2-30
3. Unless he is a qualified elector and has been a bona fide resident of2-31
this state for 2 years next preceding the election or appointment.2-32
4. If he has ever been removed from any judicial office by the2-33
legislature or removed or retired from any judicial office by the2-34
commission on judicial discipline.2-35
Sec. 3. NRS 3.060 is hereby amended to read as follows: 3.060 A person shall not be a candidate for or be eligible to the office2-37
of district judge:2-38
1. Unless he has attained the age of 25 years.2-39
2. Unless he is an attorney licensed and admitted to practice law in the2-40
courts of this state.2-41
3. Unless he is a qualified elector and has been a bona fide resident of2-42
this state for 2 years next preceding the election or appointment.3-1
4. If he has ever been removed from any judicial office by the3-2
legislature or removed or retired from any judicial office by the3-3
commission on judicial discipline.3-4
Sec. 4. NRS 4.010 is hereby amended to read as follows: 4.010 1. A person3-6
candidate for or be eligible to the office of justice of the peace3-7
he is a qualified elector and has never been removed or retired from any3-8
judicial office by the commission on judicial discipline.3-9
2. A justice of the peace in a township whose population is 250,000 or3-10
more must be an attorney who is licensed and admitted to practice law in3-11
the courts of this state. A justice of the peace in a township whose3-12
population is less than 250,000 must have a high school diploma or its3-13
equivalent as determined by the state board of education.3-14
3. Subsection 2 does not apply to any person who held the office of3-15
justice of the peace on June 30, 1987.3-16
Sec. 5. NRS 5.020 is hereby amended to read as follows: 5.020 1. Except as otherwise provided in subsection 2, each3-18
municipal judge must be chosen by the electors of the city within which3-19
the municipal court is established on a day to be fixed by the governing3-20
body of that city. He shall hold his office for 1 year, unless a longer period3-21
is fixed by the charter of the city, in which case he shall hold his office for3-22
that longer period. Before entering upon his duties , a municipal judge3-23
shall take the constitutional oath of office. A municipal judge must:3-24
(a) Be a citizen of3-25
(b) Except as otherwise provided in the charter of a city organized3-26
under a special charter, have been a bona fide resident of the city for not3-27
less than 1 year next preceding his election;3-28
(c) Be a qualified elector in the city3-29
(d) Not have ever been removed or retired from any judicial office by3-30
the commission on judicial discipline.3-31
2. The governing body of a city, with the consent of the board of3-32
county commissioners and the justice of the peace, may provide that a3-33
justice of the peace of the township in which the city is located is ex officio3-34
the municipal judge of the city.3-35
Sec. 6. NRS 5.023 is hereby amended to read as follows: 5.023 1. The governing body of the city shall select a number of3-37
persons it determines appropriate to comprise a panel of substitute3-38
municipal judges. The persons selected must not have ever been removed3-39
or retired from any judicial office by the commission on judicial3-40
discipline and must be:3-41
(a) Members in good standing of the State Bar of Nevada;3-42
(b) Adult residents of the city; or3-43
(c) Justices of the peace of the county.4-1
2. Whenever a municipal judge is disqualified from acting in a case4-2
pending in the municipal court or is unable to perform his duties because4-3
of his temporary sickness or absence, he shall, if necessary, appoint a4-4
person from the panel of substitute municipal judges to act in his place.4-5
3. A person so appointed must take and subscribe to the official oath4-6
before acting as a municipal judge pro tempore. While acting in that4-7
capacity, he is entitled to receive a per diem salary set by the governing4-8
body. The annual sum expended for salaries of municipal judges pro4-9
tempore must not exceed the amount budgeted for that expense by the4-10
governing body.4-11
4. If an appointment of a municipal judge pro tempore becomes4-12
necessary and the municipal judge fails or is unable to make the4-13
appointment, the mayor shall make the appointment from the panel of4-14
substitute municipal judges.~