§ 1.4673 — Hearing on formal statement of charges; procedure; actions after formal hearing on charges

1. Unless a deferred discipline agreement has been entered into with the judge pursuant to NRS 1.468 , a hearing on a formal statement of charges must be held. If practicable, the hearing must be held not later than 60 days after:
(a) The judge files an answer; or
(b) The date on which the time period for filing an answer expires if the judge has not filed an answer and has not filed with the Commission a request for an extension of time before the expiration of the period for filing the answer.
2. If formal charges are filed against a judge:
(a) The standard of proof in any proceedings following the formal statement of charges is clear and convincing evidence.
(b) The burden of proof rests on the special counsel except where otherwise provided by specific statute.
(c) The rules of evidence applicable to civil proceedings apply at a hearing held pursuant to subsection 1.
3. Within 60 days after the conclusion of a hearing on a formal statement of charges, the Commission shall prepare and adopt written findings of fact and conclusions of law that:
(a) Dismiss all or part of the charges, if the Commission determines that the grounds for discipline have not been proven by clear and convincing evidence; or
(b) Impose such disciplinary actions on the judge as deemed appropriate by the Commission, if the Commission determines that the grounds for discipline have been proven by clear and convincing evidence.

Legislative History

(Added to NRS by 1997, 1090 ; A 2009, 1344 )