1.4655 - Commencement of inquiry regarding alleged misconduct or incapacity of judge; time limitation for considering complaints; certain action required.
1.4655 Commencement of inquiry regarding alleged misconduct or incapacity of judge; time limitation for considering complaints; certain action required.
1. The Commission may begin an inquiry regarding the alleged misconduct or incapacity of a judge upon the receipt of a complaint.
2. The Commission shall not consider complaints arising from acts or omissions that occurred more than 3 years before the date of the complaint or more than 1 year after the complainant knew or in the exercise of reasonable diligence should have known of the conduct, whichever is earlier, except that:
(a) Where there is a continuing course of conduct, the conduct will be deemed to have been committed at the termination of the course of conduct;
(b) Where there is a pattern of recurring judicial misconduct and at least one act occurs within the 3-year or 1-year period, as applicable, the Commission may consider all prior acts or omissions related to that pattern; and
(c) Any period in which the judge has concealed or conspired to conceal evidence of misconduct is not included in the computation of the time limit for the filing of a complaint pursuant to this section.
3. Within 18 months after the receipt of a complaint pursuant to this section, the Commission shall:
(a) Dismiss the complaint with or without a letter of caution;
(b) Attempt to resolve the complaint informally as required pursuant to NRS 1.4665;
(c) Enter into a deferred discipline agreement pursuant to NRS 1.468;
(d) With the consent of the judge, impose discipline on the judge pursuant to an agreement between the judge and the Commission; or
(e) Authorize the filing of a formal statement of the charges based on a finding that there is a reasonable probability that the evidence available for introduction at a formal hearing could clearly and convincingly establish grounds for disciplinary action.
(Added to NRS by 1997, 1088; A 2009, 1339)