NRS 1.4654 - Notice to justice of the peace or municipal judge of intention to order forfeiture of office; public hearing; appeal.

NV Rev Stat § 1.4654 (2019) (N/A)

Copy with citation

Copy as parenthetical citation

1. If the Commission reasonably believes that a justice of the peace or municipal judge failed to attend the instruction required pursuant to NRS 4.036 or 5.026, as applicable, without a reasonable excuse, the Commission shall give the justice of the peace or the municipal judge:

(a) Thirty days’ notice of its intention to order the justice of the peace or municipal judge to forfeit his or her office pursuant to this section; and

(b) An opportunity to respond.

2. The Commission shall hold a public hearing before ordering the justice of the peace or municipal judge to forfeit his or her office, unless the justice of the peace or municipal judge waives the right to the hearing. The decision of the Commission must be made public.

3. A justice of the peace or municipal judge ordered to forfeit his or her office pursuant to this section may appeal the order 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 justice of the peace or a municipal judge appeals such an order to forfeit his or her office:

(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 order to forfeit office must be open to the public.

(Added to NRS by 2017, 338)

Previous Section

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.

Next Section

NRS 1.4655 - Commencement of inquiry regarding alleged misconduct or incapacity of judge; time limitation for considering complaints; certain action required.