EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

Sec. 3A. 1. The court of appeals consists of three judges or such

2-1 Section 1. The Judicial power of this State [shall be] is vested in a

2-5 cities and towns.

2-6 Sec. 4. 1. The supreme court [shall] and the court of appeals have

2-27 judge [or judges] to sit in the place [or places of such] of the disqualified or

3-1 disabled justice . [or justices, and said judge or judges so designated shall

3-2 receive their] The judge designated by the governor is entitled to receive

3-3 his actual expense of travel and otherwise while sitting in the supreme

3-4 court.

3-5 3. In case of the disability or disqualification of a judge of the court

3-6 of appeals, for any cause, the governor may designate a district judge to

3-7 sit in the place of the disabled or disqualified judge. The judge that the

3-8 governor designates is entitled to receive his actual expense of travel and

3-9 otherwise while sitting in the court of appeals.

3-10 Sec. 7. The times of holding the Supreme Court , the Court of

3-17 respective counties unless the Legislature otherwise provides by law.

3-18 Sec. 8. 1. The Legislature shall determine the number of Justices of

3-31 Courts of Record.

3-32 Sec. 11. The justices of the supreme court , the judges of the court of

3-38 [Sec:] Sec. 15. The Justices of the Supreme Court , the Judges of the

3-43 a Vacancy occurs, in which case the successor of the former incumbent

4-1 [shall] is entitled to receive only such salary as may be provided by law at

4-2 the time of his election or appointment; and provision [shall] must be made

4-3 by law for setting apart from each year’s revenue a sufficient amount of

4-4 Money, to pay such compensation.

4-5 Sec. 20. 1. When a vacancy occurs before the expiration of any term

5-1 [7.] 6. An appointing authority shall not appoint to the permanent

5-2 commission more than:

5-3 (a) One resident of any county.

5-4 (b) Two members of the same political party.

5-5 No member of the permanent commission may be a member of a

5-6 commission on judicial discipline.

5-7 [8.] 7. After the expiration of 30 days from the date on which the

5-8 commission on judicial selection has delivered to him its list of nominees

5-9 for any vacancy, if the governor has not made the appointment required by

5-10 this section, he shall make no other appointment to any public office until

5-11 he has appointed a justice or judge from the list submitted.

5-12 [If a commission on judicial selection is established by another section of

5-13 this constitution to nominate persons to fill vacancies on the supreme court,

5-14 such commission shall serve as the permanent commission established by

5-15 subsection 3 of this section.]

5-16 Sec. 21. 1. A justice of the supreme court, a judge of the court of

5-17 appeals, a district judge, a justice of the peace or a municipal judge may, in

5-18 addition to the provision of article 7 for impeachment, be censured, retired,

5-19 removed or otherwise disciplined by the commission on judicial discipline.

5-20 Pursuant to rules governing appeals adopted by the supreme court, a justice

5-21 or judge may appeal from the action of the commission to the supreme

5-22 court, which may reverse such action or take any alternative action

5-23 provided in this subsection.

5-24 2. The commission is composed of:

5-25 (a) Two justices or judges appointed by the supreme court;

5-26 (b) Two members of the State Bar of Nevada, a public corporation

5-27 created by statute, appointed by its board of governors; and

5-28 (c) Three persons, not members of the legal profession, appointed by the

5-29 governor.

5-30 The commission shall elect a chairman from among its three lay members.

5-31 3. If at any time the State Bar of Nevada ceases to exist as a public

5-32 corporation or ceases to include all attorneys admitted to practice before

5-33 the courts of this state, the legislature shall provide by law, or , if it fails to

5-34 do so , the supreme court shall provide by rule, for the appointment of

5-35 attorneys at law to the positions designated in this section to be occupied by

5-36 members of the State Bar of Nevada.

5-37 4. The term of office of each appointive member of the commission,

5-38 except the first members, is 4 years. Each appointing authority shall appoint

5-39 one of the members first appointed for a term of 2 years. If a vacancy

5-40 occurs, the appointing authority shall fill the vacancy for the unexpired

5-41 term. An appointing authority shall not appoint more than one resident of

6-1 any county. The governor shall not appoint more than two members of the

6-2 same political party. No member may be a member of a commission on

6-3 judicial selection.

6-4 5. The legislature shall establish:

6-5 (a) In addition to censure, retirement and removal, the other forms of

6-6 disciplinary action that the commission may impose;

6-7 (b) The grounds for censure and other disciplinary action that the

6-8 commission may impose, including, but not limited to, violations of the

6-9 provisions of the code of judicial conduct;

6-10 (c) The standards for the investigation of matters relating to the fitness

6-11 of a justice or judge; and

6-12 (d) The confidentiality or nonconfidentiality, as appropriate, of

6-13 proceedings before the commission, except that, in any event, a decision to

6-14 censure, retire or remove a justice or judge must be made public.

6-15 6. The supreme court shall adopt a code of judicial conduct.

6-16 7. The commission shall adopt rules of procedure for the conduct of its

6-17 hearings and any other procedural rules it deems necessary to carry out its

6-18 duties.

6-19 8. No justice or judge may by virtue of this section be:

6-20 (a) Removed except for willful misconduct, willful or persistent failure

6-21 to perform the duties of his office or habitual intemperance; or

6-22 (b) Retired except for advanced age which interferes with the proper

6-23 performance of his judicial duties, or for mental or physical disability

6-24 which prevents the proper performance of his judicial duties and which is

6-25 likely to be permanent in nature.

6-26 9. Any matter relating to the fitness of a justice or judge may be

6-27 brought to the attention of the commission by any person or on the motion

6-28 of the commission. The commission shall, after preliminary investigation,

6-29 dismiss the matter or order a hearing to be held before it. If a hearing is

6-30 ordered, a statement of the matter [shall] must be served upon the justice or

6-31 judge against whom the proceeding is brought. The commission in its

6-32 discretion may suspend a justice or judge from the exercise of his office

6-33 pending the determination of the proceedings before the commission. Any

6-34 justice or judge whose removal is sought is liable to indictment and

6-35 punishment according to law. A justice or judge retired for disability in

6-36 accordance with this section is entitled thereafter to receive such

6-37 compensation as the legislature may provide.

6-38 10. If a proceeding is brought against a justice of the supreme court, no

6-39 justice of the supreme court may sit on the commission for that proceeding.

6-40 If a proceeding is brought against a judge of the court of appeals, no

6-41 judge of the court of appeals may sit on the commission for that

6-42 proceeding. If a proceeding is brought against a district judge, no district

6-43 judge from the same judicial district may sit on the commission for that

7-1 proceeding. If a proceeding is brought against a justice of the peace, no

7-2 justice of the peace from the same township may sit on the commission for

7-3 that proceeding. If a proceeding is brought against a municipal judge, no

7-4 municipal judge from the same city may sit on the commission for that

7-5 proceeding. If an appeal is taken from an action of the commission to the

7-6 supreme court, any justice who sat on the commission for that proceeding is

7-7 disqualified from participating in the consideration or decision of the

7-8 appeal. When any member of the commission is disqualified by this

7-9 subsection, the supreme court shall appoint a substitute from among the

7-10 eligible judges.

7-11 11. The commission may:

7-12 (a) Designate for each hearing an attorney or attorneys at law to act as

7-13 counsel to conduct the proceeding;

7-14 (b) Summon witnesses to appear and testify under oath and compel the

7-15 production of books, papers, documents and records;

7-16 (c) Grant immunity from prosecution or punishment when the

7-17 commission deems it necessary and proper in order to compel the giving of

7-18 testimony under oath and the production of books, papers, documents and

7-19 records; and

7-20 (d) Exercise such further powers as the legislature may from time to

7-21 time confer upon it.

7-22 And be it further

7-23 Resolved, That section 3 of article 7 of the Constitution of the State of

7-24 Nevada be amended to read as follows:

7-25 [Sec:] Sec. 3. For any reasonable cause to be entered on the journals

7-39 [Sec:] Sec. 8. The Legislature shall provide for the speedy publication

7-42 and judicial decisions [shall] must be free for publication by any person;

8-1 Provided, that no judgment of the Supreme Court shall take effect and be

8-2 operative until the Opinion of the Court in such case [shall be] is filed with

8-3 the Clerk of said Court.