Nevada State Judicial Department

Sec. § 1.225
Grounds and procedure for disqualifying Supreme Court justices and judges of the Court of Appeals.

1.

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

2.

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

(a)

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

(b)

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

(c)

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

(d)

When the justice or the judge 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 or a judge of the Court of Appeals, upon his or her 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 or a judge of the Court of Appeals 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 or, if the charge concerns a judge of the Court of Appeals, the justices of the Supreme Court.

5.

Upon the disqualification of:

(a)

A justice of the Supreme Court pursuant to this section, a judge of the Court of Appeals or 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.

(b)

A judge of the Court of Appeals pursuant to this section, a district judge shall be designated to sit in place of the judge as provided in Section 4 of Article 6 of the Nevada Constitution.

6.

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

Last accessed
Feb. 5, 2021

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