1.4681 - Extension of time limitations on disciplinary action; computation; prima facie evidence of unreasonable delay. - Nevada Statutes

1.4681  Extension of time limitations on disciplinary action; computation; prima facie evidence of unreasonable delay.

      1.  The Commission may extend the limitations on time set forth in NRS 1.425 to 1.4695, inclusive, for good cause shown.

      2.  The limitations on time set forth in NRS 1.425 to 1.4695, inclusive, must be computed in the same manner as in the Nevada Rules of Civil Procedure and the Nevada Rules of Appellate Procedure and must not include:

      (a) Periods of delay at the request of or attributable to a judge other than the judge who is the subject of a complaint;

      (b) Short periods of delay that are the result of the period between scheduled meetings of the Commission;

      (c) Periods in which the judge who is the subject of a complaint and the Executive Director of the Commission or special counsel are negotiating an agreement; or

      (d) Periods when the Commission is holding a complaint in abeyance pending the disposition of a court case relating to the complaint.

      3.  The Commission shall not dismiss a complaint or a formal statement of charges for failure to comply with the limitations of time set forth in NRS 1.425 to 1.4695, inclusive, unless the Commission determines such a delay is unreasonable and the rights of the judge to a fair hearing have been violated. The fact that an investigation has been conducted more than 24 months after the date the complaint was filed with the Commission is prima facie evidence of an unreasonable delay, which may be rebutted.

      (Added to NRS by 2009, 1337)