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2023 Nevada Revised Statutes › Chapter 1 - Judicial Department Generally › NRS 1.4667 - Review of report of investigation; letter of caution; judge to respond to complaint under certain circumstances.

1. The Commission shall review the report prepared pursuant to NRS 1.4663 to determine whether there is a reasonable probability that the evidence available for introduction at a formal hearing could clearly and convincingly establish grounds for disciplinary action against a judge.
2. If the Commission determines that such a reasonable probability does not exist, the Commission shall dismiss the complaint with or without a letter of caution. The Commission may consider a letter of caution when deciding the appropriate action to be taken on a subsequent complaint against a judge unless the caution is not relevant to the misconduct alleged in the subsequent complaint.
3. If the Commission determines that such a reasonable probability exists, the Commission shall require the judge to respond to the complaint in accordance with procedural rules adopted by the Commission.
(Added to NRS by 1997, 1090; A 2009, 1343)
2023 Nevada Revised Statutes › Chapter 1 - Judicial Department Generally › NRS 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.
(Added to NRS by 1997, 1090; A 2009, 1344)
2023 Nevada Revised Statutes › Chapter 1 - Judicial Department Generally › NRS 1.4677 - Forms of discipline.

1. Pursuant to a deferred discipline agreement with the judge entered into pursuant to NRS 1.468 or based on a finding of misconduct following a hearing on a formal statement of charges, the Commission may take one or more of the following actions:
(a) Publicly admonish, publicly reprimand or publicly censure a judge.
(b) Impose a fine upon the judge.
(c) Suspend the judge from office without pay.
(d) Require the judge to:
(1) Complete a probationary period pursuant to conditions deemed appropriate by the Commission.
(2) Attend training or educational courses.
(3) Follow a remedial course of action.
(4) Issue a public apology.
(5) Comply with conditions or limitations on future conduct.
(6) Seek medical, psychiatric or psychological care or counseling and direct the provider of health care or counselor to report to the Commission regarding the condition or progress of the judge.
(e) Bar the judge from serving in a judicial office in the future.
(f) Impose any other reasonable disciplinary action or combination of disciplinary actions that the Commission determines will curtail or remedy the misconduct of the judge.
2. The Commission may publicly admonish a judge pursuant to subsection 1 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 and for which there are no aggravating factors.
3. The Commission may publicly reprimand a judge pursuant to subsection 1 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:
(a) Not knowing or deliberate but for which there are aggravating factors; or
(b) Knowing or deliberate but for which there are mitigating factors.
(Added to NRS by 1997, 1092; A 2009, 1346)
2023 Nevada Revised Statutes › Chapter 1 - Judicial Department Generally › NRS 1.468 - Deferral of formal disciplinary action.

1. Except as otherwise provided in subsections 2 and 3, if the Commission reasonably believes that a judge has committed an act or engaged in a behavior that would be addressed most appropriately through rehabilitation, treatment, education or minor corrective action, the Commission may enter into an agreement with the judge to defer formal disciplinary proceedings and require the judge to undergo the rehabilitation, treatment, education or minor corrective action.
2. The Commission may not enter into an agreement with a judge to defer formal disciplinary proceedings if the Commission has determined, pursuant to NRS 1.467, 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 against the judge pursuant to NRS 1.4653.
3. The Commission may enter into an agreement with a judge to defer formal disciplinary proceedings only in response to misconduct that is minor in nature.
4. A deferred discipline agreement entered into pursuant to this section must be in writing and must specify the conduct that resulted in the agreement. A judge who enters into such an agreement must agree:
(a) To the specified rehabilitation, treatment, education or minor corrective action;
(b) To waive the right to a hearing before the Commission; and
(c) That the agreement will not be protected by confidentiality for the purpose of any subsequent disciplinary proceedings against the judge,
and the agreement must indicate that the judge agreed to the terms set forth in paragraphs (a), (b) and (c). Such an agreement must expressly authorize the Commission to revoke the agreement and proceed with any other disposition of the complaint or formal statement of charges authorized by NRS 1.467 if the Commission finds that the judge has failed to comply with a condition of the agreement.
5. The Executive Director of the Commission shall monitor the compliance of the judge with the agreement. The Commission may require the judge to document his or her compliance with the agreement. The Commission shall give the judge written notice of any alleged failure to comply with any condition of the agreement and shall allow the judge not less than 15 days to respond.
6. If the judge complies in a satisfactory manner with the conditions imposed in the agreement, the Commission may dismiss the complaint or take any other appropriate action.
(Added to NRS by 1997, 1092; A 2009, 1347)
2023 Nevada Revised Statutes › Chapter 1 - Judicial Department Generally › NRS 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)
2023 Nevada Revised Statutes › Chapter 1 - Judicial Department Generally › NRS 1.4687 - Public access to formal statement of charges and certain other records; open hearings; private deliberative sessions; certain records privileged.

1. Except as otherwise provided in subsection 2:
(a) Upon the filing of a formal statement of charges with the Commission by the special counsel, the statement and other documents later formally filed with the Commission must be made accessible to the public, and hearings must be open.
(b) If a formal statement of charges has not been filed with the Commission and the Commission holds a hearing to suspend a judge pursuant to NRS 1.4675, any transcript of the hearing and any documents offered as evidence at the hearing must be made accessible to the public.
(c) If the Commission holds a hearing to order a justice of the peace or municipal judge to forfeit his or her office pursuant to NRS 1.4654, any transcript of the hearing and any documents offered as evidence at the hearing must be made accessible to the public.
2. Regardless of whether any formal statement of charges has been filed with the Commission, medical records and any other documents or exhibits offered as evidence which are privileged pursuant to chapter 49 of NRS must not be made accessible to the public.
3. The Commission’s deliberative sessions must remain private and any minutes of such sessions must remain confidential.
4. The filing of a formal statement of charges does not justify the Commission, its counsel, staff or independent contractors retained by the Commission in making public any correspondence, notes, work papers, interview reports or other evidentiary matter, except at the formal hearing or with explicit consent of the judge named in the complaint.
(Added to NRS by 1997, 1093; A 2009, 1350; 2015, 953; 2017, 340)
2023 Nevada Revised Statutes › Chapter 1 - Judicial Department Generally › NRS 1.469 - Authorized statements by Commission when subject matter becomes public.

In any disciplinary proceeding in which the subject matter becomes public, through independent sources, or upon a determination pursuant to NRS 1.467 and filing of a formal statement of charges, the Commission may issue such statements as it deems appropriate under the circumstances to:
1. Confirm the pendency of the investigation;
2. Clarify the procedural aspects of the disciplinary proceedings;
3. Explain the right of the judge to a fair hearing without prejudgment;
4. State that the judge denies the allegations;
5. Explain the reasons for dismissing a complaint; and
6. Explain why the Commission chose to enter into an agreement with a judge pursuant to subsection 1 of NRS 1.468.
(Added to NRS by 1997, 1093)
2023 Nevada Revised Statutes › Chapter 1 - Judicial Department Generally › NRS 1.4694 - Rules to be adopted to provide for disposition of complaint or formal statement of charges.

The Commission shall adopt rules providing for the disposition of a complaint or formal statement of charges at any stage in a disciplinary proceeding, pursuant to:
1. The consent of the judge who is the subject of the complaint; and
2. An agreement between the judge and the Commission.
(Added to NRS by 2009, 1337)
2023 Nevada Revised Statutes › Chapter 1 - Judicial Department Generally › NRS 1.500 - Fees of interpreters and translators.

Interpreters and translators shall receive such fees as the court determines are reasonable and necessary.
[14:49:1883; BH § 2355; C § 2479; RL § 2016; NCL § 2947]—(NRS A 2023, 2599)
2023 Nevada Revised Statutes › Chapter 1 - Judicial Department Generally › NRS 1.520 - Rules to carry out program of certification or registration of interpreters; imposition of fees or fines.

The Court Administrator may:
1. With the advice of the committee established pursuant to NRS 1.530, adopt any rules necessary to carry out a program for the certification or registration of court interpreters established pursuant to NRS 1.510.
2. Impose on a certified or registered court interpreter:
(a) Any fees necessary to reimburse the Court Administrator for the cost of administering the program; and
(b) A fine for any violation of a rule of the Court Administrator adopted pursuant to this section or NRS 1.510.
(Added to NRS by 1995, 802; A 2013, 1460; 2017, 1142; 2023, 2600)
2023 Nevada Revised Statutes › Chapter 1 - Judicial Department Generally › NRS 1.530 - Committee to advise Court Administrator regarding adoption of rules relating to certification or registration of interpreters; report.

1. The Chief Justice shall appoint, from a list of recommendations submitted by the Court Administrator, a committee to advise the Court Administrator regarding the adoption of rules pursuant to NRS 1.510 and 1.520. The committee must consist of:
(a) A district judge;
(b) A justice of the peace or municipal judge;
(c) An administrator of a district court;
(d) An administrator of a justice court or municipal court;
(e) A representative of the Nevada System of Higher Education;
(f) A representative of a nonprofit organization which serves persons who speak a language other than English;
(g) A person certified to act as an interpreter for a court of this State or a federal court;
(h) A person certified to act as an interpreter for a court of this State in the Spanish language; and
(i) A person certified or registered to act as an interpreter for a court of this State in a language other than Spanish.
2. The Court Administrator is ex officio chair of the committee and may designate another member of the committee to serve as the vice chair of the committee.
3. Members of the committee shall serve in that capacity without any additional compensation.
4. The committee shall submit an annual report to the Chief Justice and to the Director of the Legislative Counsel Bureau for transmittal to the Legislature and make the annual report available to the public. The annual report must contain, without limitation:
(a) A summary of the activities of the committee during the immediately preceding year, including any revisions to the Nevada State Court Language Access Plan adopted by the Nevada Certified Court Interpreter Program as established pursuant to NRS 1.510; and
(b) Statistical information concerning the usage of court interpreters in courts of this State for persons with limited English proficiency, including, without limitation, information on the usage of:
(1) Certified and registered court interpreters; and
(2) Court interpreters who are not certified or registered when a certified or registered court interpreter is not available.
5. As used in this section, "person with limited English proficiency" has the meaning ascribed to it in NRS 1.510.
(Added to NRS by 1995, 802; A 2021, 929; 2023, 2600)
2023 Nevada Revised Statutes › Chapter 1 - Judicial Department Generally › NRS 1.540 - Unlawful acts; civil action or recovery prohibited for certain violations.

1. It is unlawful for a person to act as a certified or registered court interpreter or advertise or put out any sign or card or other device which might indicate to the public that the person is entitled to practice as a certified or registered court interpreter without a certificate or registration as an interpreter issued by the Court Administrator pursuant to NRS 1.510 and 1.520.
2. No civil action may be instituted, nor recovery therein be had, for a violation of the provisions of this section or NRS 1.510 or 1.520 or a violation of a rule adopted by the Court Administrator pursuant to NRS 1.510 or 1.520.
(Added to NRS by 1995, 803; A 2017, 1142; 2023, 2601)
2023 Nevada Revised Statutes › Chapter 1 - Judicial Department Generally › NRS 1.545 - Petition for review of criminal history; fee.

1. The Court Administrator shall adopt rules prescribing the process by which a person with a criminal history may petition the Court Administrator to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a certificate or registration as a court interpreter pursuant to NRS 1.510.
2. The Court Administrator may adopt rules establishing a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section.
(Added to NRS by 2019, 2903; A 2023, 2601)
2023 Nevada Revised Statutes › Chapter 1 - Judicial Department Generally › NRS 1.550 - Statement concerning obligation for child support required for issuance or renewal of certificate or registration. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

1. An applicant for the issuance or renewal of a certificate or registration as a court interpreter shall submit to the Court Administrator the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
2. The Court Administrator shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance or renewal of the certificate or registration; or
(b) A separate form prescribed by the Court Administrator.
3. A certificate or registration as a court interpreter may not be issued or renewed by the Court Administrator if the applicant:
(a) Fails to complete or submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Court Administrator shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
(Added to NRS by 1997, 2032; A 2017, 1143)
2023 Nevada Revised Statutes › Chapter 1 - Judicial Department Generally › NRS 1.560 - Suspension of certificate or registration; reinstatement of suspended certificate or registration. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

1. If the Court Administrator receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a certificate or registration as a court interpreter, the Court Administrator shall deem the certificate or registration issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Court Administrator receives a letter issued to the holder of the certificate or registration by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the certificate or registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The Court Administrator shall reinstate a certificate or registration as a court interpreter that has been suspended by a district court pursuant to NRS 425.540 if:
(a) The Court Administrator receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certificate or registration was suspended stating that the person whose certificate or registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560; and
(b) The person whose certificate or registration was suspended pays any fees imposed by the Court Administrator pursuant to NRS 1.520 for the reinstatement of a suspended certificate or registration.
(Added to NRS by 1997, 2032; A 2017, 1143)
2023 Nevada Revised Statutes › Chapter 1 - Judicial Department Generally › NRS 1.570 - Renewal of certificate or registration: Application to include information relating to state business license; denial of renewal for unpaid debt assigned to State Controller for collection.

1. In addition to any other requirements set forth in this chapter, an applicant for the renewal of a certificate or registration as a court interpreter must indicate in the application submitted to the Court Administrator whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.
2. Certification or registration of a court interpreter may not be renewed if:
(a) The applicant fails to submit the information required by subsection 1; or
(b) The State Controller has informed the Court Administrator pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:
(1) Satisfied the debt;
(2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or
(3) Demonstrated that the debt is not valid.
3. As used in this section:
(a) "Agency" has the meaning ascribed to it in NRS 353C.020.
(b) "Debt" has the meaning ascribed to it in NRS 353C.040.
(Added to NRS by 2013, 2721; A 2017, 1144)
2023 Nevada Revised Statutes › Chapter 1A - Judicial Retirement › NRS 1A.030 - "Compensation" defined.

1. "Compensation" means the salary paid to a justice of the Supreme Court, a judge of the Court of Appeals or a district judge by this State, to a justice of the peace by a county or to a municipal judge by a city, including:
(a) Base pay, which is the monthly rate of pay excluding all fringe benefits;
(b) Additional payment for longevity; and
(c) Payment for extra duty assignments if it is the standard practice of this State, the county or the city to include such pay in the employment contract or official job description for the calendar year in which it is paid and such pay is specifically included in the justice’s or judge’s employment contract or official job description.
2. The term does not include any type of payment not specifically described in this section.
(Added to NRS by 2001 Special Session, 68; A 2005, 990; 2013, 1713)
2023 Nevada Revised Statutes › Chapter 1A - Judicial Retirement › NRS 1A.040 - "Disability retirement allowance" defined.

"Disability retirement allowance" means monthly payments from the Judicial Retirement Fund paid to persons with disabilities who are retired justices of the Supreme Court, judges of the Court of Appeals, district judges, justices of the peace or municipal judges pursuant to the Judicial Retirement Plan.
(Added to NRS by 2001 Special Session, 68; A 2005, 990; 2013, 1714)
2023 Nevada Revised Statutes › Chapter 1A - Judicial Retirement › NRS 1A.060 - "Retired justice or judge" defined.

"Retired justice or judge" means a justice of the Supreme Court, judge of the Court of Appeals, district judge, justice of the peace or municipal judge who was a member of the Judicial Retirement Plan at the time he or she retired or a justice of the Supreme Court, judge of the Court of Appeals or district judge who decides, pursuant to NRS 1A.270 or 1A.280, to receive benefits for retirement pursuant to the Judicial Retirement Plan.
(Added to NRS by 2001 Special Session, 68; A 2005, 990; 2013, 1714)
2023 Nevada Revised Statutes › Chapter 1A - Judicial Retirement › NRS 1A.070 - "Service" defined.

"Service" means all creditable employment which is validated pursuant to the provisions of this chapter and can be used in determining eligibility and scope of benefits for justices of the Supreme Court, judges of the Court of Appeals, district judges, justices of the peace or municipal judges pursuant to the Judicial Retirement Plan.
(Added to NRS by 2001 Special Session, 68; A 2005, 991; 2013, 1714)
2023 Nevada Revised Statutes › Chapter 1A - Judicial Retirement › NRS 1A.080 - "Service retirement allowance" defined.

"Service retirement allowance" means monthly payments from the Judicial Retirement Fund paid to a retired justice of the Supreme Court, judge of the Court of Appeals, district judge, justice of the peace or municipal judge pursuant to the Judicial Retirement Plan for the remainder of his or her life.
(Added to NRS by 2001 Special Session, 69; A 2005, 991; 2013, 1714)
2023 Nevada Revised Statutes › Chapter 1A - Judicial Retirement › NRS 1A.100 - Judicial Retirement System: Establishment; public inspection of records; administration by Public Employees’ Retirement Board; legislative review.

1. A system of retirement providing benefits for the retirement, disability or death of all justices of the Supreme Court, judges of the Court of Appeals and district judges, and certain justices of the peace and municipal judges, and funded on an actuarial reserve basis is hereby established and must be known as the Judicial Retirement System.
2. The System consists of the Judicial Retirement Plan and the provisions set forth in NRS 2.060 to 2.083, inclusive, 2A.100 to 2A.150, inclusive, and 3.090 to 3.099, inclusive, for providing benefits to justices of the Supreme Court, judges of the Court of Appeals or district judges who served either as a justice of the Supreme Court or district judge before November 5, 2002. Each justice of the Supreme Court, judge of the Court of Appeals or district judge who is not a member of the Public Employees’ Retirement System is a member of the Judicial Retirement System.
3. Except as otherwise provided in NRS 286.118, the official correspondence and records and, except as otherwise provided in NRS 241.035, the minutes, audio recordings, transcripts and books of the System are public records and are available for public inspection. A copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035.
4. The System must be administered exclusively by the Board, which shall make all necessary rules and regulations for the administration of the System. The rules must include, without limitation, rules relating to the administration of the retirement plans in accordance with federal law. The Legislature shall regularly review the System.
(Added to NRS by 2001 Special Session, 69; A 2005, 991, 1405; 2013, 325, 1714; 2019, 1175).
2023 Nevada Revised Statutes › Chapter 1A - Judicial Retirement › NRS 1A.110 - Limitations on review and copying of records; waiver.

Except as otherwise provided in NRS 286.118, all records and files maintained for a member of the System, retired justice or judge, justice of the Supreme Court, judge of the Court of Appeals or district judge who retired pursuant to NRS 2.060 to 2.083, inclusive, 2A.100 to 2A.150, inclusive, or 3.090 to 3.099, inclusive, or the beneficiary of any of them may be reviewed and copied only by the System, the member, the Court Administrator, the board of county commissioners if the records concern a justice of the peace or retired justice of the peace whom the board of county commissioners allowed to participate in the Judicial Retirement Plan pursuant to NRS 1A.285, the city council if the records concern a municipal judge or retired municipal judge whom the city council allowed to participate in the Judicial Retirement Plan pursuant to NRS 1A.285, the spouse of the member, or the retired justice or judge or his or her spouse, or pursuant to a court order, or by a beneficiary after the death of the justice or judge on whose account benefits are received pursuant to the System. Any member, retired justice or judge, justice of the Supreme Court, judge of the Court of Appeals or district judge who retired pursuant to NRS 2.060 to 2.083, inclusive, 2A.100 to 2A.150, inclusive, or 3.090 to 3.099, inclusive, or beneficiary may submit a written waiver to the System authorizing his or her representative to review or copy all such records.
(Added to NRS by 2001 Special Session, 69; A 2005, 991; 2013, 1715; 2019, 1175)
2023 Nevada Revised Statutes › Chapter 1A - Judicial Retirement › NRS 1A.120 - Right to benefits not subject to taxes, process, bankruptcy, assignment or assessment for impairment or insolvency of insurance company; exceptions.

1. Except as otherwise provided in NRS 1A.520 and 31A.150 and as limited by subsection 2, the right of a person to a pension, an annuity, a retirement allowance, the pension, annuity or retirement allowance itself, any optional benefit or death benefit or any other right accrued or accruing to any person under the provisions of this chapter, and the money in the Judicial Retirement Fund, is:
(a) Exempt from all state, county and municipal taxes;
(b) Not subject to execution, garnishment, attachment or any other process;
(c) Not subject to the operation of any bankruptcy or insolvency law;
(d) Not assignable, by power of attorney or otherwise; and
(e) Exempt from assessment for the impairment or insolvency of any life or health insurance company.
2. The System may withhold money from a benefit when the person applying for or receiving the benefit owes money to the System.
(Added to NRS by 2001 Special Session, 82)
2023 Nevada Revised Statutes › Chapter 1A - Judicial Retirement › NRS 1A.130 - Application for allowances for service retirement or disability retirement; effective date of retirement; rights of present or former spouse; System exempted from liability for false designation of marital status by member or justice or judge who retires.

1. Applications for service retirement allowances or disability retirement allowances must be submitted to the offices of the System on forms approved by the Executive Officer of the Board. The form must not be deemed filed unless it contains:
(a) The member of the Judicial Retirement Plan’s selection of the retirement plan contained in NRS 1A.440 or one of the optional plans provided in NRS 1A.450;
(b) A notarized statement of the marital status of the member of the Judicial Retirement Plan; and
(c) If the member of the System is married, a statement of the spouse’s consent or objection to the chosen retirement plan, signed by the spouse and notarized.
2. Except as otherwise required by NRS 1A.390, retirement becomes effective on whichever of the following days is the later:
(a) The day immediately following the applicant’s last day of employment;
(b) The day the completed application form is filed with the System;
(c) The day immediately following the applicant’s last day of creditable service; or
(d) The effective date of retirement specified on the application form.
3. The selection of a retirement plan by a member of the Judicial Retirement Plan and consent or objection to that plan by the spouse pursuant to this section does not affect the responsibility of the member concerning the rights of any present or former spouse.
4. The System is not liable for any damages resulting from the false designation of marital status by a member of the System or a retired justice or judge, or a justice of the Supreme Court, judge of the Court of Appeals or district judge who retires pursuant to NRS 2.060 to 2.083, inclusive, 2A.100 to 2A.150, inclusive, or 3.090 to 3.099, inclusive.
(Added to NRS by 2001 Special Session, 77; A 2013, 1715)
2023 Nevada Revised Statutes › Chapter 1A - Judicial Retirement › NRS 1A.140 - Person convicted of murder or voluntary manslaughter of member of System ineligible to receive benefits.

Any person convicted of the murder or voluntary manslaughter of a member of the System is ineligible to receive any benefit conferred by any provision of this chapter or NRS 2.060 to 2.083, inclusive, 2A.100 to 2A.150, inclusive, or 3.090 to 3.099, inclusive, by reason of the death of that member. The System may withhold the payment of any benefit otherwise payable under this chapter by reason of the death of any member of the System from any person charged with the murder or voluntary manslaughter of that member, pending final determination of those charges.
(Added to NRS by 2001 Special Session, 82; A 2013, 1716)
2023 Nevada Revised Statutes › Chapter 1A - Judicial Retirement › NRS 1A.150 - False statement or certification; withholding of information.

A person who knowingly makes a false statement, certifies to an incorrect document or withholds information for the purpose of receiving or assisting another person in receiving benefits under this chapter to which he or she is not entitled is guilty of a gross misdemeanor.
(Added to NRS by 2001 Special Session, 87)
2023 Nevada Revised Statutes › Chapter 1A - Judicial Retirement › NRS 1A.155 - Forfeiture of rights and benefits upon conviction of or plea of guilty or nolo contendere to certain felonies; return of contributions; applicability.

1. Except as otherwise provided in subsections 2 and 3, a member of the System who is convicted of or pleads guilty or nolo contendere to any felony involving:
(a) Accepting or giving, or offering to give, any bribe;
(b) Embezzlement of public money;
(c) Extortion or theft of public money;
(d) Perjury; or
(e) Conspiracy to commit any crime set forth in paragraphs (a) to (d), inclusive,
and arising directly out of his or her duties in judicial service, forfeits all rights and benefits under the System.
2. Upon a conviction described in subsection 1, the System must return to the member, without interest, all contributions which the member has made and which were credited to the member’s individual account.
3. The provisions of subsections 1 and 2 apply only to persons who become members of the System on or after July 1, 2015.
(Added to NRS by 2015, 2733)
2023 Nevada Revised Statutes › Chapter 1A - Judicial Retirement › NRS 1A.160 - Judicial Retirement Fund: Establishment; policy; sources; payments.

1. The Judicial Retirement Fund is hereby established as a trust fund.
2. It is hereby declared to be the policy of the Legislature that the Judicial Retirement Fund is established to afford a degree of security to long-time justices of the Supreme Court, judges of the Court of Appeals, district judges, justices of the peace and municipal judges in this State. The money in the Fund must not be used or appropriated for any purpose incompatible with the provisions of this chapter or NRS 2.060 to 2.083, inclusive, 2A.100 to 2A.150, inclusive, or 3.090 to 3.099, inclusive. The Fund must be invested and administered to ensure the highest return consistent with safety in accordance with accepted investment practices.
3. All money appropriated by the Legislature to the Judicial Retirement Fund, all money submitted to the System for deposit in the Fund pursuant to NRS 1A.312 and 1A.314, and all income accruing to the Fund from all other sources must be deposited in the Fund.
4. The interest and income earned on the money in the Judicial Retirement Fund, after deducting any applicable charges, must be credited to the Fund.
5. The System must pay all retirement allowances, benefits, optional settlements and other obligations or payments payable by the System pursuant to this chapter and NRS 2.060 to 2.083, inclusive, 2A.100 to 2A.150, inclusive, and 3.090 to 3.099, inclusive, from the Judicial Retirement Fund. The money in the Fund must be expended by the Board for the payment of expenses authorized by law to be paid from the Fund.
(Added to NRS by 2001 Special Session, 69; A 2005, 992; 2013, 1716; 2015, 2733)
2023 Nevada Revised Statutes › Chapter 1A - Judicial Retirement › NRS 1A.170 - Administration and investment of Judicial Retirement Fund.

The Board has the exclusive control of the administration and investment of the Judicial Retirement Fund, with the same powers and duties and subject to the same limitations and restrictions that are applicable to the administration and investment of the Public Employees’ Retirement Fund.
(Added to NRS by 2001 Special Session, 70)
2023 Nevada Revised Statutes › Chapter 1A - Judicial Retirement › NRS 1A.190 - Transfer of unpaid check for benefits or refund to Judicial Retirement Fund; claim for payment of money; period of limitation.

1. Any check for benefits which has not been paid within 5 years after being transferred to the Account for Unclaimed Benefits must be transferred to the Judicial Retirement Fund.
2. If, within 6 years after a check for benefits has been transferred pursuant to subsection 1, any person appears and claims the money, the claimant may file a petition in the District Court for Carson City stating the nature of the claim, with an appropriate prayer for the relief demanded. A copy of the petition must be served upon the Attorney General before or at the time it is filed. Within 20 days after service, the Attorney General shall appear in the proceeding and respond to the petition. If, after examining all the facts, the Attorney General is convinced that the System has no legal defense against the petition, the Attorney General may, with the consent of the Court, confess judgment on behalf of the System.
3. If judgment is not confessed, the petition must be considered at issue on the 20th day after its filing, and may be heard by the Court on that day, or at such future day as the Court may order. Upon the hearing, the Court shall examine into the claim and hear the allegations and proofs. If the Court finds that the claimant is entitled to any money transferred pursuant to subsection 1 to the Judicial Retirement Fund, it shall order the Board to pay the money forthwith to the claimant, but without interest or cost to the Board.
4. All persons, except minors and persons of unsound mind, who fail to appear and file their petitions within the time limited in subsection 2 are forever barred. Minors and persons of unsound mind may appear and file their petitions at any time within 5 years after their respective disabilities are removed.
(Added to NRS by 2001 Special Session, 83)
2023 Nevada Revised Statutes › Chapter 1A - Judicial Retirement › NRS 1A.200 - Judicial Retirement Administrative Fund; administrative fees.

1. The Board shall establish a fund known as the Judicial Retirement Administrative Fund in which must be deposited all administrative fees.
2. The Board shall fix an administrative fee per capita sufficient to pay the expense of operating the Judicial Retirement System.
(Added to NRS by 2001 Special Session, 70)
2023 Nevada Revised Statutes › Chapter 1A - Judicial Retirement › NRS 1A.210 - Fund to pay accrued benefits that are not payable because of certain limitations; benefits paid from fund.

1. The Board may establish a fund to pay the accrued benefits of a member of the System that are not payable because of the limitations set forth in NRS 1A.410. The fund must be established in accordance with the provisions of section 415(m) of the Internal Revenue Code, 26 U.S.C. § 415(m), and must be separate from the Judicial Retirement Fund.
2. If the Board establishes a fund pursuant to subsection 1, the benefits that are required to be paid from the fund must be paid from money in the fund.
(Added to NRS by 2001 Special Session, 70)
2023 Nevada Revised Statutes › Chapter 1A - Judicial Retirement › NRS 1A.220 - System managed by Public Employees’ Retirement Board; general powers and duties of Board.

1. The Board, subject to the limitations of this chapter, is responsible for managing the System.
2. The Board shall:
(a) Arrange for a biennial actuarial valuation and report of the actuarial soundness of the System to be prepared by an independent actuary based upon data compiled and supplied by employees of the System, and shall adopt actuarial tables and formulas prepared and recommended by the actuary;
(b) Provide for a biennial audit of the System, including, without limitation, the Judicial Retirement Administrative Fund, by an independent certified public accountant; and
(c) Provide an annual report concerning the System established pursuant to this chapter to the Court Administrator, each board of county commissioners that allows justices of the peace to participate in the Judicial Retirement Plan pursuant to NRS 1A.285, each city council that allows municipal judges to participate in the Judicial Retirement Plan pursuant to NRS 1A.285, the Governor and each member of the Legislature, and make the report available to all members of the System upon request. The report must contain, when available, a review of the actuarial valuation required by paragraph (a).
3. The Board may:
(a) Adjust the service or correct the records, allowance or benefits of any member of the System, retired justice or judge or beneficiary after an error or inequity has been determined, and require repayment of any money determined to have been paid by the System in error, if the money was paid within 6 years before demand for its repayment.
(b) Examine and copy personnel and financial records of:
(1) A justice of the Supreme Court, judge of the Court of Appeals or district judge that are maintained by the Court Administrator;
(2) A justice of the peace who participates in the Judicial Retirement Plan pursuant to NRS 1A.285 that are maintained by a county; and
(3) A municipal judge who participates in the Judicial Retirement Plan pursuant to NRS 1A.285 that are maintained by a city.
(c) Require an annual notarized statement from a retired justice or judge or beneficiary that he or she is in fact receiving an allowance or benefits, and withhold the allowance or benefits if he or she fails to provide the statement.
4. As used in this section, "error or inequity" means the existence of extenuating circumstances, including, without limitation, a member’s reasonable and detrimental reliance on representations made by the System which prove to be erroneous, or the mental incapacity of the member.
(Added to NRS by 2001 Special Session, 71; A 2005, 993; 2013, 1717)
2023 Nevada Revised Statutes › Chapter 1A - Judicial Retirement › NRS 1A.230 - Actuarial assumptions used in computing benefits: Availability; changes prohibited.

1. The Board shall not change the actuarial assumptions used in computing the benefits provided to a member of the System.
2. The Board shall make available to every member of the System upon request the actuarial assumptions used in computing the benefits provided to a member of the System.
(Added to NRS by 2001 Special Session, 71)
2023 Nevada Revised Statutes › Chapter 1A - Judicial Retirement › NRS 1A.240 - Persons receiving benefits from System entitled to cost-of-living increases.

Each person who receives benefits from the Judicial Retirement Fund pursuant to the System is entitled to receive cost-of-living increases equivalent to those provided for retirees and beneficiaries of the Public Employees’ Retirement System.
(Added to NRS by 2001 Special Session, 79)
2023 Nevada Revised Statutes › Chapter 1A - Judicial Retirement › NRS 1A.250 - Administration of accounts of members and recipients of benefits.

Except as specifically provided in this chapter, the accounts of members of the System and recipients of benefits of the System must be administered in accordance with the provisions of chapter 286 of NRS as if the justice of the Supreme Court, the judge of the Court of Appeals, the district judge, the justice of the peace or the municipal judge were or had been a member of the Public Employees’ Retirement System.
(Added to NRS by 2001 Special Session, 71; A 2005, 994; 2013, 1718)
2023 Nevada Revised Statutes › Chapter 1A - Judicial Retirement › NRS 1A.260 - Conditions for membership in System.

1. No person may become a member of the System unless the person is a justice of the Supreme Court, a judge of the Court of Appeals or a district judge, or a justice of the peace or municipal judge who is allowed and elects to participate in the Judicial Retirement Plan pursuant to NRS 1A.285.
2. Except as otherwise provided in NRS 1A.370, persons retired under the provisions of this chapter who are employed as a justice of the Supreme Court, judge of the Court of Appeals, district judge, justice of the peace or municipal judge in any judicial capacity, including, without limitation, employment as a senior justice, senior judge, senior justice of the peace or senior municipal judge of the Nevada Court System, are not eligible to become members of the System.
(Added to NRS by 2001 Special Session, 71; A 2005, 994, 2067; 2013, 1718)
2023 Nevada Revised Statutes › Chapter 1A - Judicial Retirement › NRS 1A.290 - Termination of membership; rights of justices or judges who have retired.

1. Membership of a justice of the Supreme Court, a judge of the Court of Appeals or a district judge in the System terminates upon:
(a) The death of the member;
(b) Receipt of retirement allowances by the member of the Judicial Retirement Plan or retirement benefits pursuant to NRS 2.060 to 2.083, inclusive, 2A.100 to 2A.150, inclusive, or 3.090 to 3.099, inclusive; or
(c) Receipt of disability allowances by the member of the Judicial Retirement Plan or disability benefits pursuant to NRS 2.060 to 2.083, inclusive, 2A.100 to 2A.150, inclusive, or 3.090 to 3.099, inclusive.
2. Membership of a justice of the peace or municipal judge in the System terminates upon:
(a) The death of the member;
(b) Receipt of retirement allowances; or
(c) Receipt of disability allowances.
3. A retired justice or judge is not entitled to any right conferred by this chapter upon a member of the System unless the provision conferring that right expressly states that it is conferred upon a retired justice or judge.
4. A justice of the Supreme Court, a judge of the Court of Appeals or a district judge who retired pursuant to NRS 2.060 to 2.083, inclusive, 2A.100 to 2A.150, inclusive, or 3.090 to 3.099, inclusive, is not entitled to any right conferred by this chapter upon a member of the System unless the provision conferring that right expressly states that it is conferred upon a justice or judge who retired pursuant to NRS 2.060 to 2.083, inclusive, 2A.100 to 2A.150, inclusive, or 3.090 to 3.099, inclusive.
(Added to NRS by 2001 Special Session, 72; A 2005, 994; 2013, 1721)