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 Revised 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. The Commission may order a justice of the peace or a municipal judge to forfeit his or her office if he or she fails to attend the instruction required pursuant to NRS 4.036 or 5.026, as applicable, unless the Commission finds that there was a reasonable excuse for the failure to attend the instruction.
5. 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 Revised 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.
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; 2017, 339)
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