1.225 - Grounds and procedure for disqualifying Supreme Court justices. - Nevada Statutes

1.225  Grounds and procedure for disqualifying Supreme Court justices.

      1.  A justice of the Supreme Court shall not act as such in an action or proceeding when the justice entertains actual bias or prejudice for or against one of the parties to the action.

      2.  A justice of the Supreme Court shall not act as such in an action or proceeding when implied bias exists in any of the following respects:

      (a) When the justice is a party to or interested in the action or proceeding.

      (b) When the justice is related to either party by consanguinity or affinity within the third degree.

      (c) When the justice has been attorney or counsel for either of the parties in the particular action or proceeding before the court.

      (d) When the justice is related to an attorney or counselor for either of the parties by consanguinity or affinity within the third degree.

      3.  A justice of the Supreme Court, upon the justice’s own motion, may disqualify himself or herself from acting in any matter upon the ground of actual or implied bias.

      4.  Any party to an action or proceeding seeking to disqualify a justice of the Supreme Court for actual or implied bias shall file a charge in writing, specifying the facts upon which such disqualification is sought. Hearing on such charge shall be had before the other justices of the Supreme Court.

      5.  Upon the disqualification of a justice of the Supreme Court pursuant to this section, a district judge shall be designated to sit in place of the justice as provided in Section 4 of Article 6 of the Constitution of the State of Nevada.

      6.  No person shall be punished for contempt for making, filing or presenting a charge for disqualification pursuant to subsection 4.

      (Added to NRS by 1957, 521)