AB 28 — Revises provisions relating to the Commission on Judicial Discipline. (BDR 1-395)

(ReprintedAssembly withBill amendmentsNo. adopted on April 5, 2017) FIRST REPRINT A.B.

2828–Committee ASSEMBLYon BILLJudiciary NOCHAPTER.......... .

28–COMMITTEE ON JUDICIARY (ON BEHALF OF THE N EVADA SUPREME C OURT ) PREFILED N OVEMBER 16, 2016 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to the Commission on Judicial Discipline.

(BDR 1-395) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existing law authorizes the Commission on Judicial Discipline to discipline a judge under certain circumstances.

(NRS 1.4653) Existing law also requires ane a newly elected or appointed justice of the peace or municipal judge to attend certain mandatory instruction unless he or she secures a written order excusing his or her attendance from a judge of the district court of the county where the justice or the judge serves and files this order with the Court Administrator.

If a newly elected or appointed justice of the peace or municipal judge fails to attend the required instruction or fails to secure and properly file a written order excusing his or her attendance, he or she is required to forfeit his or her office.

(NRS 4.036, 5.026)er5.026) Section 4 of this bill authorizes the Commission to order a justice of the peace or municipal judge to forfeit his or her office if he or she fails to attend the required instructionCommission withoutto give a reasonablejustice excuse.of the peace or a municipal judge 30 days’ notice and an opportunity to respond and to hold a public hearing before the Commission orders the justice of the peace or municipal judge to forfeit his or her office.

SectionEXPLANATION 1– ofMatter thisin billbolded requiresitalics theis Commissionnew; to give a justice of the peace or a municipal judge 30 days’ notice and orders the justice of the peace or municipal judge to forfeit his or her office.

-matter *AB28_R1*between –brackets 2[omitted –material] THEis PEOPLEmaterial OFto THEbe STATEomitted. OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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 - 79th Session (2017) – 2 – waives the right to the hearing.

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 ofofles the Nevada Constitution.

1.425 As used in NRS 1.425 to 1.4695, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 1.4253 to 1.4296, inclusive, have the meanings ascribed to them in those sections.

Except as otherwise provided in NRS 1.4683, the following persons are absolutely immune from suit unless convicted of -199.120 *AB28_R1*to –199.200, 3inclusive:Commission –pursuant committingto perjuryNRS before(a) A person who files a complaint with the Commission pursuant to NRS 199.1201.4655; to 199.200, inclusive:

(a) A person who files a complaint with the Commission pursuant to NRS 1.4655;

- 79th Session (2017) – 3 – (b) Has willfully or persistently failed to perform the duties of office;

The Commission may publicly censure a judge or impose other forms of discipline on a judge if the Commission determines that the judge has violated one or more of the provisions of thethes Nevada Code of Judicial Conduct in a manner that is not knowing or deliberate.

and (3)performance Aof knowingjudicial or deliberateadministrative actduties orthat:the omission(I) inInvolves thefraud performanceor ofbad judicialfaith or administrativeamounts dutiesto that:a public offense;

- *AB28_R1* – 4 – (I) Involves fraud or bad faith or amounts to a public offense;

1.4656 Except as otherwise expressly provided in NRS 1.425 to 1.4695, inclusive, and section 1 of this act or any other - 79th Session (2017) – 4 – applicable provision of law, a determination or finding by the Commission must be recorded in the minutes of the proceedings of the Commission if the determination or finding is made before:

The filing of a formal statement of charges against a judge pur2.antThe Commission suspends a judge pursuant to NRS 1.467;1.4675 [.] ;

[or] 2.

The Commission suspends a judge pursuant to NRS 1.4675 [.] ;

Regardless of whether any formal statement of charges has been filed with the Commission, medical records and any other documents or exhibits offered as evidence which are privileged pursuantpublic.t to chapter 49 of NRS must not be made accessible to the public.3.

3.

- *AB28_R1* – 5 – 4.

Each justice of the peace who is first elected or appointed to office after July 1, 1971, shall attend the instruction provided pursuant to NRS 4.035, on the first occasion when such instruction is offered after the election or appointment of the justice - 79th Session (2017) – 5 – of the peace, unless excused by written order of a judge of the district court in and for his or her county, which shall be filed with the Court Administrator.

Each municipal judge who is first elected or appointed to office after July 1, 1971, shall attend the instruction provided pursuant to NRS 5.025, on the first occasion when suchsuchction instruction is offered after the election or appointment of the municipal judge, unless excused by written order of a judge of the district court in and for the county where the city is situated, which must be filed with the Court Administrator.

Such an order is final for2.ll If a municipal judge fails to attend such instruction without securing a written order pursuant to subsection 1, the municipal judge forfeits his or her office [.] unless the Commission on Judicial Discipline finds pursuant to section 1 of this act that there was a reasonable excuse for theall failurepurposes. to attend such instruction.

2.

If a municipal judge fails to attend such instruction without securing a written order pursuant to subsection 1, the municipal judge forfeits his or her office [.] unless the Commission on Judicial Discipline finds pursuant to section 1 of this act that there was a reasonable excuse for the failure to attend such instruction.

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