- 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)