NRS1.4653. Circumstances under which judge may be disciplined or retired.

      1.  The Commission may remove a judge, publicly censure a judge or impose other forms of discipline on a judge if the Commission determines that the judge:

      (a) Has committed willful misconduct;

      (b) Has willfully or persistently failed to perform the duties of office; or

      (c) Is habitually intemperate.

      2.  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 the Nevada Code of Judicial Conduct in a manner that is not knowing or deliberate.

      3.  The Commission may retire a judge if the Commission determines that:

      (a) The advanced age of the judge interferes with the proper performance of judicial duties; or

      (b) The judge suffers from a mental or physical disability that prevents the proper performance of judicial duties and is likely to be permanent in nature.

      4.  As used in this section:

      (a) “Habitually intemperate” means the chronic, excessive use of alcohol or another substance that affects mental processes, awareness or judgment.

      (b) “Willful misconduct” includes:

             (1) Conviction of any crime involving moral turpitude;

             (2) A knowing or deliberate violation of one or more of the provisions of the Nevada Code of Judicial Conduct; and

             (3) A knowing or deliberate act or omission in the performance of judicial or administrative duties that:

                   (I) Involves fraud or bad faith or amounts to a public offense; and

                    (II) Tends to corrupt or impair the administration of justice in a judicial proceeding.

Ê The term does not include claims of error or abuse of discretion in findings of fact, legal decisions or procedural rulings unless supported by evidence of abuse of authority, a disregard for fundamental rights, an intentional disregard of the law, a pattern of legal error or an action taken for a purpose other than the faithful discharge of judicial duty.

      (Added to NRS by 1997, 1088; A 1999, 93; 2009, 1339)