[Rev. 11/20/2013 5:06:17 PM--2013]

SUPREME COURT RULES

ADOPTED BY THE SUPREME COURT OF NEVADA

 

____________

 

 

Effective October 15, 1965

and Including

Amendments Through September 1, 2013

 

 

HISTORICAL NOTE CONCERNING THE SUPPLEMENTAL RULES OF THE SUPREME COURT OF NEVADA

_________

 

Inherent Rulemaking Power of the Supreme Court and Legislative Recognition Thereof

      One of the inherent powers of the supreme court, existing independently of statute, is the right to control its order of business and to prescribe rules, not inconsistent with law, for its own government and the government of its officers.

      Notwithstanding this inherent power of the supreme court, the rulemaking power has been, and now is, expressly conferred or recognized by statutory enactment.

      In 1861 the territorial legislature enacted ch. 103, Laws of the Territory of Nevada 1861, entitled “An Act to regulate Proceedings in Civil Cases in the Courts of Justice of the Territory of Nevada,” providing therein in section 574 that the territorial supreme court could make rules not inconsistent with the constitution and laws of the territory for its own government. The 1861 act was repealed by ch. 112, Statutes of Nevada 1869.

      After Nevada became a state, the legislature in 1869 and again in 1913 authorized the supreme court to make rules for its own government and the government of its officers. See ch. 112, Statutes of Nevada 1869, and ch. 198, Statutes of Nevada 1913. Today, similar authorization is contained in NRS 2.120.

 

Rules of 1862

 

      On June 2, 1862, the territorial supreme court, by minute order, appointed Joseph G. Baldwin, T. B. Reardon and Charles H. T. Williams a committee to draft and report rules for the government of proceedings of that court. On June 4, 1862, the committee reported and the court ordered that the rules recommended by the committee be adopted as the rules for the government of proceedings in that court.

      There were 29 rules originally adopted, and the records of the court do not indicate any amendments thereafter. However, on April 25, 1864, William M. Stewart moved, and it was so ordered by the court, that the clerk of the court be required to have the rules printed in pamphlet form for the use of the bar.

 

Rules of 1865

 

      Supplemental rules of the supreme court under the state government were first promulgated in 1865. They first appeared in printed form in Volume 3 of Nevada Reports (1867). There were 23 original rules, with rule 24 being added in 1874. Amendments were few, rule 11 being amended in 1874 and rule 15 being amended in 1873. The 1865 rules remained in effect until the 1st Monday of September, 1879.

 

Rules of 1879

 

      In 1879 the supreme court promulgated new rules, which rules became effective in September, 1879. There were 24 rules, which original rules were amended and added to during the period 1879 to 1920. The 1879 rules actually were amendments and revisions of the 1865 rules, but abrogated all rules theretofore made.

      Rule 1 was amended in 1894; rule 4 was amended in 1900; rule 6 was amended in 1894; rule 11 was amended in 1894; rule 15 was amended in 1887, 1889 and 1906; rule 25 was added in 1890 and amended in 1894; rule 26 was added in 1894; and rule 27 was added in 1907.

 

Rules of 1920

 

      The 1879 rules remained effective until July 1, 1920, when 21 new rules were adopted. Rule 1 was amended in 1926, 1940, 1942, 1943, 1947, 1948, 1949, 1950, 1952 and 1956; rule 3 was last amended in 1935; rule 6 was amended in 1940; rule 11 was amended in 1940 and 1956; rule 13 was amended in 1955; rule 15 was amended in 1940 and 1953; rule 19 was amended in 1957; rule 22 was added in 1940; and rule 23 was added in 1940 and amended in 1958.

 

Rules of 1959

 

      In 1953 the adoption of Nevada Rules of Civil Procedure regulating original and appellate civil practice and procedure in judicial proceedings in the district courts created conflicts with the then existing 1920 supplemental rules of the supreme court. Rules of court adopted for the dispatch of business and the impartial administration of justice have the effect of positive law and not only ought to be formally promulgated, but they should be definitely stated, published and made known in some permanent form. The supreme court undertook a comprehensive revision of its rules which resulted in the elimination of inoperative or obsolete rules and parts of rules, the addition of new rules, and the improvement of the grammatical structure and physical form of the rules. The 1959 rules became effective November 1, 1959.

 

Rules of 1965

 

      With the repeal of the State Bar Act by the 1963 legislature, the supreme court was empowered to adopt rules governing the legal profession. For the guidance of the supreme court in promulgating such rules, the board of governors of the State Bar of Nevada drafted proposed rules for consideration by the supreme court. The proposed rules, derived from several sources and relating to admission to practice law, the board of bar examiners, the State Bar of Nevada, disciplinary proceedings and disbarment, local administrative committees, professional conduct and judicial ethics, were adopted by the supreme court on August 11, 1965, to become effective October 15, 1965. Rules have since been added, amended, renumbered and repealed as indicated in the following table.

      Index entries for the rules are integrated with the General Index of Nevada Revised Statutes.

 

                                                                                      Frank W. Daykin

                                                                                      Legislative Counsel

                                                                                                July 20, 1979

 

 

TABLE OF CHANGES TO RULES OF 1965

Key: “A” amended; “N” added; “R” repealed; “T” transferred.

                                                                                               Effective                                                                                                         Effective

Rule                            Key                                                        Date              Rule                             Key                                                       Date

  2..................... A................................ 9/24/02

  6..................... R................................... 7/1/73

  7..................... R................................... 7/1/73

                          N................................ 2/15/79

                          A................................ 1/28/83

                          T to 7.5......................... 1/6/92

                          N.................................. 1/6/92

  7A.................. N.................................. 9/1/95

                          R................................. 9/28/98

  7.5.................. T from 7....................... 1/6/92

                          A............................... 12/13/12

  8..................... N................................ 8/21/69

                          R................................... 7/1/73

                          N................................ 2/15/79

                          A............................... 12/18/79

                          A................................ 1/28/83

                          A................................ 1/29/94

                          R................................. 1/19/01

                          N................................ 1/19/01

                          A............................... 12/13/12

  9..................... A.................................. 8/1/67

                          R................................... 7/1/73

                          N................................ 2/15/79

                          A................................ 1/28/83

                          R................................. 1/19/01

                          N................................ 1/19/01

                          A............................... 12/13/12

  9.5.................. N............................... 12/13/12

  10................... R................................... 7/1/73

                          T from 243................. 8/30/79

                          A................................ 5/16/91

                          A.................................. 1/1/98

                          A............................... 10/29/03

                          A.................................. 6/4/07

                          A................................ 6/26/08

  11................... R................................... 7/1/73

                          T from 244................. 8/30/79

                          A................................ 1/31/96

                          A................................ 1/18/05

  12................... R................................... 7/1/73

                          N................................ 1/26/97

                          A................................ 1/18/05

  13................... R................................... 7/1/73

                          N................................ 2/21/03

  14................... R................................... 7/1/73

                          N................................ 6/10/05

  14.1................ N.................................. 4/2/71

                          R................................... 7/1/73

  14.2................ N.................................. 4/2/71

                          R................................... 7/1/73

  15................... A................................ 8/21/69

                          R................................... 7/1/73

                          N................................ 6/15/06

                          A.................................. 7/8/13

  16................... R................................... 7/1/73

                          N................................ 10/2/06

  17................... A................................ 8/21/69

                          R................................... 7/1/73

                          N................................ 5/29/07

  18................... R................................... 7/1/73

  19................... A................................ 8/21/69

                          R................................... 7/1/73

  20................... A.................................. 8/1/67

                          R................................... 7/1/73

  21................... R................................... 7/1/73

  22................... R................................... 7/1/73

  23................... R................................... 7/1/73

  24................... R................................... 7/1/73

  25................... A.................................. 8/1/67

                          R................................... 7/1/73

  26................... R................................... 7/1/73

  26A................ N................................ 11/8/71

                          R................................... 7/1/73

  27................... R................................... 7/1/73

  28................... R................................... 7/1/73

  29................... R................................... 7/1/73

  30................... R................................... 7/1/73

  31................... A.................................. 8/1/67

                          R................................... 7/1/73

  32................... R................................... 7/1/73

  33................... R................................... 7/1/73

  34................... R................................... 7/1/73

  35................... A................................ 8/21/69

                          R................................... 7/1/73

  36................... R................................... 7/1/73

  37................... R................................... 7/1/73

  38................... R................................... 7/1/73

  42................... A............................... 12/20/73

                          A................................ 2/13/83

                          A................................ 2/11/86

                          A................................ 3/18/86

                          A................................ 9/20/92

                          A.................................. 1/2/98

                          A.................................. 2/8/99

                          A................................ 9/12/00

                          R................................. 9/24/02

                          N................................ 9/24/02

                          A.................................. 1/1/06

                          A................................ 1/28/08

                          A.................................. 5/6/11

  42.1................ N................................ 9/24/02

  42.5................ T from 165.1............ 3/28/86

  48.1................ N................................ 7/20/79

                          A............................... 11/20/79

                          A................................ 5/14/82

                          A................................ 2/11/86

                          A................................ 8/26/90

                          A................................ 6/29/91

                          A................................ 8/15/93

                          A................................ 5/28/99

                          A................................ 10/1/03

                          A.................................. 2/1/07

                          A............................... 12/10/09

                          A................................ 1/12/11

  49................... A................................ 2/28/83

                          A............................... 12/11/91

                          A............................... 11/13/92

                          A............................... . 12/1/96

                          A................................ 6/24/98

                          A.................................. 4/8/02

                          A................................ 5/28/04

  49A................ N................................ 3/31/72

                          T to 49.3..................... 8/30/79

  49B................ N................................ 12/6/77

                          T to 49.5..................... 8/30/79

  49.1................ N................................ 8/14/00

                          A................................ 11/8/06

                          A.................................. 1/1/08

  49.2................ N.................................. 7/9/08

  49.3................ T from 49A................ 8/30/79

                          R................................... 3/8/02

                          N.................................. 3/8/02

                          T to 72.1....................... 1/1/08

  49.4................ N................................ 5/27/91

                          A................................ 9/24/02

                          A................................ 4/28/03

                          A.................................. 1/1/08

  49.5................ T from 49B................. 8/30/79

                          A............................... 12/11/91

                          R................................. 8/14/00

                          N................................ 8/14/00

                          A................................ 11/8/06

                          A.................................. 1/1/08

                          A................................ 11/8/10

  49.6................ N................................ 2/25/92

                          A.................................. 1/1/08

  49.7................ N.................................. 4/4/96

                          A................................ 6/24/98

                          A................................ 7/26/02

                          T to 50.5....................... 1/1/08

  49.8................ N................................ 2/21/01

                          A.................................. 1/1/08

  49.9................ N................................ 2/21/01

                          A................................ 9/24/02

                          A.................................. 1/1/08

  49.10.............. N................................ 9/24/02

                          A................................ 4/28/03

                          A.................................. 1/1/08

  49.11.............. N................................ 5/28/07

                          A.................................. 1/1/08

  49.12.............. N.................................. 1/1/08

  50................... A.................................. 4/9/69

                          A................................ 2/15/79

                          A............................... 12/11/91

                          A................................ 12/1/96

                          A................................ 4/27/00

  50.5................ T from 49.7.................. 1/1/08

  51................... A.................................. 4/9/69

                          A............................... 11/20/71

                          A.................................. 2/7/73

                          A................................ 4/27/75

                          A................................ 4/17/77

                          A................................ 2/27/83

                          A............................... 12/10/83

                          A............................... 12/16/85

                          A............................... 12/11/91

                          A................................ 12/1/94

                          A................................ 5/28/03

                          A................................ 6/18/09

                          A............................... 12/13/12

  51.5................ N................................ 6/24/98

                          A................................ 5/28/03

                          A.................................. 4/6/11

  52................... A.................................. 2/7/73

                          A................................ 2/16/81

                          A............................... 12/16/85

                          A............................... 12/11/91

                          A................................ 1/13/92

                          A............................... 10/29/93

                          A................................ 12/1/94

                          A................................ 5/28/03

                          A................................ 11/3/04

                          A................................ 9/12/11

                          A............................... 12/13/12

                          A................................ 5/20/13

  53................... A............................... 12/11/91

  54................... A................................ 12/5/73

                          A................................ 2/16/81

                          A................................ 2/13/83

                          A............................... 12/16/85

                          A............................... 12/11/91

                          A............................... 10/29/93

                          A................................ 12/1/96

                          A............................... 11/30/02

                          A................................ 5/28/03

                          A................................ 11/3/04

                          A................................ 9/12/11

                          A................................ 5/20/13

  55................... A............................... 12/11/91

                          A................................ 5/28/03

  56................... A............................... 10/17/81

                          A............................... 12/11/91

                          A................................ 12/1/94

                          A.................................. 4/4/96

                          A................................ 12/1/96

                          A................................ 6/24/98

                          A................................ 5/28/03

  59................... A............................... 12/11/91

  62................... A............................... 12/11/91

  64................... A............................... 12/11/91

                          A................................ 12/1/94

  65................... A............................... 11/20/71

                          A................................ 4/27/75

                          A............................... 12/10/83

                          A................................ 5/25/84

                          A............................... 12/11/91

                          A............................... 10/29/93

                          A................................ 12/1/94

                          A.................................. 4/4/96

                          A................................ 4/27/00

                          A................................ 7/26/02

                          A................................ 5/28/03

  65.5................ N............................... 12/10/83

                          A............................... 12/11/91

                          A................................ 4/27/00

                          A................................ 9/30/04

  66................... A.................................. 4/9/69

                          A................................ 4/27/75

                          A................................ 2/27/83

                          A............................... 12/10/83

                          A................................ 8/15/88

                          A............................... 12/11/91

                          A............................... 11/13/92

                          A................................ 12/1/94

                          A.................................. 4/4/96

  67................... A............................... 12/11/91

                          A................................ 12/1/94

                          A................................ 6/24/98

  67.5................ N............................... 11/26/91

                          A............................... 12/11/91

                          A.................................. 4/4/96

                          A................................ 5/28/03

  68................... A............................... 12/11/91

                          A................................ 5/28/03

  69................... A............................... 12/10/83

                          A................................ 5/25/84

                          A............................... 12/11/91

                          A............................... 10/29/93

                          A.................................. 6/8/94

                          A................................ 12/1/94

                          A.................................. 4/4/96

                          A................................ 4/27/00

                          A.................................. 3/9/01

                          A................................ 7/26/02

                          A................................ 5/28/03

  70................... A................................ 4/27/75

                          A............................... 12/11/91

                          A................................ 6/24/98

  70.5................ N............................... 12/11/91

                          A................................ 12/1/94

  71................... A................................ 8/22/73

                          A............................... 12/10/83

                          A............................... 12/11/91

  72................... A............................... 12/10/83

                          A............................... 12/11/91

                          A................................ 6/24/98

  72.1................ T from 49.3.................. 1/1/08

  72.3................ N................................ 8/14/00

  72.5................ N................................ 6/15/67

                          A............................... 12/11/91

                          A................................ 6/27/03

  73................... A.................................. 1/1/90

  74................... A............................... 12/11/91

                          A................................ 9/12/11

  78.5................ N................................ 2/10/91

                          A.................................. 7/5/11

  79................... A............................... 11/30/02

                          A............................... 11/14/05

                          A................................ 12/3/10

                          A............................... 10/21/11

  81................... A................................ 8/25/68

                          A................................ 5/17/75

                          A............................... 12/30/77

                          A.................................. 3/8/90

                          A................................ 3/28/91

                          A................................ 2/25/97

                          A............................... 11/30/02

                          A................................ 3/12/03

                          A.................................. 7/9/08

  82................... A.................................. 1/6/75

                          A.................................. 3/8/90

                          A................................ 3/12/03

                          A................................ 3/11/11

  83................... A................................ 3/12/03

  84................... A................................ 3/26/84

                          A.................................. 5/8/95

                          A................................ 3/12/03

                          A................................ 3/11/11

  85................... A.................................. 5/6/90

  86................... N................................ 5/27/70

                          A.................................. 1/6/75

                          A................................ 2/15/79

                          A.................................. 1/2/96

  86.5................ A.................................. 1/6/75

                          A............................... 12/11/91

                          A.................................. 3/9/12

  87................... A.................................. 5/6/90

  89................... A.................................. 5/6/90

  90................... A............................... 12/30/77

                          A.................................. 3/9/78

                          A............................... 12/10/83

                          A.................................. 3/8/90

  90.5................ N.................................. 5/6/90

  91................... A.................................. 5/6/90

  92................... A.................................. 5/6/90

                          A............................... 12/11/91

  94................... A.................................. 5/6/90

                          A............................... 12/27/93

  98................... A................................ 12/5/73

                          A.................................. 1/5/79

                          A.................................. 3/2/79

                          A................................ 5/11/80

                          A............................... 12/16/85

                          A.................................. 1/1/86

                          A................................ 2/28/86

                          A............................... 12/10/90

                          A.................................. 3/6/91

                          A................................ 4/30/91

                          A............................... 12/20/97

                          A.................................. 1/9/99

                          A................................ 8/14/00

                          A.................................. 1/1/04

                          A.................................. 1/1/06

                          A.................................. 3/1/07

  99................... R................................. 2/15/79

                          N................................ 2/15/79

                          A.................................. 3/1/07

100................... R................................. 2/15/79

                          N................................ 2/15/79

101................... A............................... 10/15/67

                          A................................ 4/27/75

                          R................................. 2/15/79

                          N................................ 2/15/79

                          A.................................. 3/1/07

102................... R................................. 2/15/79

                          N................................ 2/15/79

                          A................................ 2/25/91

                          A.................................. 1/2/96

                          A.................................. 3/1/07

102.5................ N.................................. 3/1/07

103................... R................................. 2/15/79

                          N................................ 2/15/79

                          A................................ 2/11/86

                          A.................................. 4/6/90

                          A................................ 1/21/94

                          A.................................. 1/2/96

                          A.................................. 3/1/07

                          A.................................. 7/8/13

104................... R................................. 2/15/79

                          N................................ 2/15/79

                          A.................................. 1/2/96

                          A.................................. 3/1/07

105................... R................................. 2/15/79

                          N................................ 2/15/79

                          A................................ 2/11/86

                          A................................ 5/30/88

                          A................................ 2/25/91

                          A.................................. 1/2/96

                          A................................ 2/25/97

                          A................................ 6/24/98

                          A................................ 10/5/03

                          A.................................. 3/1/07

                          A.................................. 7/8/13

105.5................ N................................ 2/25/97

                          A.................................. 3/1/07

                          A.................................. 7/8/13

106................... R................................. 2/15/79

                          N................................ 2/15/79

                          A.................................. 1/2/96

                          A................................ 2/25/97

                          A.................................. 3/1/07

                          A.................................. 9/1/07

106.5................ N.................................. 4/8/02

                          A............................... 12/10/09

107................... R................................. 2/15/79

                          N................................ 2/15/79

                          A.................................. 1/2/96

108................... R................................. 2/15/79

                          N................................ 2/15/79

                          A.................................. 1/2/96

                          A.................................. 3/1/07

109................... R................................. 2/15/79

                          N................................ 2/15/79

                          A.................................. 3/1/07

110................... R................................. 2/15/79

                          N................................ 2/15/79

                          A................................ 2/10/91

                          A.................................. 1/2/96

                          A.................................. 3/1/07

111................... R................................. 2/15/79

                          N................................ 2/15/79

                          A.................................. 1/2/96

                          A.................................. 3/1/07

                          A................................ 3/22/10

112................... R................................. 2/15/79

                          N................................ 2/15/79

                          A.................................. 1/2/96

                          A.................................. 3/1/07

112A................ N................................ 9/20/75

                          R................................. 2/15/79

113................... R................................. 2/15/79

                          N................................ 2/15/79

                          A.................................. 1/2/96

                          A................................ 6/24/98

                          A................................ 10/5/03

                          A.................................. 3/1/07

                          A.................................. 7/8/13

114................... R................................. 2/15/79

                          N................................ 2/15/79

                          A.................................. 6/7/02

                          A.................................. 3/1/07

115................... R................................. 2/15/79

                          N................................ 2/15/79

                          A.................................. 1/2/96

                          A................................ 10/5/03

                          A.................................. 3/1/07

116................... R................................. 2/15/79

                          N................................ 2/15/79

                          A............................... 10/21/79

                          A.................................. 1/2/96

                          A.................................. 3/1/07

                          A.................................. 7/8/13

117................... R................................. 2/15/79

                          N................................ 2/15/79

                          A................................ 10/5/03

                          A.................................. 3/1/07

118................... R................................. 2/15/79

                          N................................ 2/15/79

                          A.................................. 1/2/96

                          A.................................. 3/1/07

                          A.................................. 5/6/11

119................... R................................. 2/15/79

                          N................................ 2/15/79

                          A.................................. 3/1/07

120................... R................................. 2/15/79

                          N................................ 2/15/79

                          A.................................. 3/1/07

121................... R................................. 2/15/79

                          N................................ 2/15/79

                          A.................................. 8/8/91

                          A.................................. 1/2/96

                          A................................ 6/24/98

                          A................................ 10/5/03

                          A.................................. 3/1/07

121.1................ N................................ 10/5/03

                          A.................................. 3/1/07

122................... R................................. 2/15/79

                          N................................ 2/15/79

                          A.................................. 3/1/07

123................... R................................. 2/15/79

                          N................................ 8/23/83

                          A.................................. 3/1/07

124................... R................................. 2/15/79

125................... R................................. 2/15/79

126................... A.................................. 1/6/75

                          R................................. 2/15/79

127................... A.................................. 2/6/69

                          R................................. 2/15/79

128................... R................................. 2/15/79

129................... R................................. 2/15/79

130................... R................................. 2/15/79

131................... R................................. 2/15/79

132................... R................................. 2/15/79

133................... A.................................. 2/6/79

                          R................................. 2/15/79

133.3................ N.................................. 2/6/69

                          A................................ 3/12/69

                          R................................. 2/15/79

133.5................ N.................................. 2/6/69

                          R................................. 2/15/79

134................... R................................. 2/15/79

135................... R................................. 2/15/79

136................... R................................. 2/15/79

137................... R................................. 2/15/79

138................... R................................. 2/15/79

139................... R................................. 2/15/79

140................... R................................. 2/15/79

141................... R................................. 2/15/79

142................... R................................. 2/15/79

143................... R................................. 2/15/79

144................... R................................. 2/15/79

145................... R................................. 2/15/79

146................... R................................. 2/15/79

147................... R................................. 2/15/79

148................... R................................. 2/15/79

149................... A.................................. 2/6/69

                          R................................. 2/15/79

150................... R................................. 2/15/79

                          N................................ 3/28/86

                          R................................... 5/1/06

151................... R................................. 2/15/79

                          N................................ 3/28/86

                          R................................... 5/1/06

152................... R................................. 2/15/79

                          N................................ 3/28/86

                          R................................... 5/1/06

153................... R................................. 2/15/79

                          N................................ 3/28/86

                          R................................... 5/1/06

154................... R................................. 2/15/79

                          N................................ 3/28/86

                          R................................... 5/1/06

155................... R................................. 2/15/79

                          N................................ 3/28/86

                          A................................ 4/26/93

                          A................................ 8/20/99

                          R................................... 5/1/06

156................... R................................. 2/15/79

                          N................................ 3/28/86

                          R................................... 5/1/06

157................... R................................. 2/15/79

                          N................................ 3/28/86

                          R................................... 5/1/06

158................... R................................. 2/15/79

                          N................................ 3/28/86

                          R................................... 5/1/06

159................... R................................. 2/15/79

                          N................................ 3/28/86

                          R................................... 5/1/06

160................... R................................. 2/15/79

                          N................................ 3/28/86

                          R................................... 5/1/06

161................... R................................. 2/15/79

                          N................................ 3/28/86

                          R................................... 5/1/06

162................... R................................. 2/15/79

                          N................................ 3/28/86

                          R................................... 5/1/06

163................... R................................. 3/28/86

                          N................................ 3/28/86

                          R................................... 5/1/06

164................... A............................... 12/20/73

                          A.................................. 5/6/79

                          R................................. 3/28/86

                          N................................ 3/28/86

                          R................................... 5/1/06

165................... R................................. 3/28/86

                          N................................ 3/28/86

                          R................................... 5/1/06

165.1................ N.................................. 2/6/77

                          T to 42.5..................... 3/28/86

166................... R................................. 3/28/86

                          N................................ 3/28/86

                          R................................... 5/1/06

167................... R................................. 3/28/86

                          N................................ 3/28/86

                          R................................... 5/1/06

168................... R................................. 3/28/86

                          N................................ 3/28/86

                          R................................... 5/1/06

169................... R................................. 3/28/86

                          N................................ 3/28/86

                          R................................... 5/1/06

170................... R................................. 3/28/86

                          N................................ 3/28/86

                          R................................... 5/1/06

171................... R................................. 3/28/86

                          N................................ 3/28/86

                          R................................... 5/1/06

172................... R................................. 3/28/86

                          N................................ 3/28/86

                          R................................... 5/1/06

173................... R................................. 3/28/86

                          N................................ 3/28/86

                          R................................... 5/1/06

174................... R................................. 3/28/86

                          N................................ 3/28/86

                          R................................... 5/1/06

175................... R................................. 3/28/86

                          N................................ 3/28/86

                          R................................... 5/1/06

176................... A................................ 5/27/83

                          R................................. 3/28/86

                          N................................ 3/28/86

                          R................................... 5/1/06

177................... R................................. 3/28/86

                          N................................ 3/28/86

                          A.................................. 1/5/91

                          A.................................. 5/6/96

                          R................................... 5/1/06

178................... R................................. 3/28/86

                          N................................ 3/28/86

                          R................................... 5/1/06

179................... R................................. 3/28/86

                          N................................ 3/28/86

                          R................................... 5/1/06

180................... R................................. 3/28/86

                          N................................ 3/28/86

                          R................................... 5/1/06

181................... R................................. 3/28/86

                          N................................ 3/28/86

                          R................................... 5/1/06

182................... R................................. 3/28/86

                          N................................ 3/28/86

                          R................................... 5/1/06

183................... R................................. 3/28/86

                          N................................ 3/28/86

                          R................................... 5/1/06

183.5................ N.................................. 1/1/80

                          R................................. 3/28/86

184................... R................................. 3/28/86

                          N................................ 3/28/86

                          R................................... 5/1/06

185................... A.................................. 1/1/80

                          R................................. 3/28/86

                          N................................ 3/28/86

                          R................................... 5/1/06

186................... R................................. 3/28/86

                          N................................ 3/28/86

                          R................................... 5/1/06

187................... R................................. 3/28/86

                          N................................ 3/28/86

                          R................................... 5/1/06

188................... R................................. 3/28/86

                          N................................ 3/28/86

                          R................................... 5/1/06

189................... R................................. 3/28/86

                          N................................ 3/28/86

                          R................................. 9/24/02

                          N................................ 9/24/02

                          R................................... 5/1/06

189.1................ N................................ 9/24/02

                          R................................... 5/1/06

190................... R................................. 3/28/86

                          N................................ 3/28/86

                          R................................... 5/1/06

191................... R................................. 3/28/86

                          N................................ 3/28/86

                          R................................... 7/1/96

                          N.................................. 7/1/96

                          N................................ 7/26/02

                          A................................ 7/22/03

                          A................................ 12/3/04

                          R................................... 5/1/06

192................... R................................. 3/28/86

                          N................................ 3/28/86

                          R................................... 5/1/06

193................... R................................. 3/28/86

                          N................................ 3/28/86

                          R................................... 5/1/06

194................... A................................ 4/29/84

                          R................................. 3/28/86

                          N................................ 3/28/86

                          R................................... 5/1/06

195................... R................................. 3/28/86

                          N................................ 3/28/86

                          R................................. 4/26/93

                          N................................ 4/26/93

                          R................................... 5/1/06

196................... R................................. 3/28/86

                          N................................ 3/28/86

                          R................................. 4/26/93

                          N................................ 4/26/93

                          R................................... 5/1/06

196.5................ N................................ 4/26/93

                          R................................... 5/1/06

197................... R................................. 3/28/86

                          N................................ 3/28/86

                          R................................. 4/26/93

                          N................................ 4/26/93

                          R................................... 5/1/06

198................... R................................. 3/28/86

                          N................................ 3/28/86

                          A................................ 5/30/88

                          R................................... 5/1/06

198.5................ N................................ 1/17/04

                          R................................... 5/1/06

199................... T from 202................. 3/28/86

                          A................................ 4/23/90

                          R................................. 9/24/02

                          N................................ 9/24/02

                          R................................... 5/1/06

199.1................ N................................ 9/24/02

                          A................................ 4/28/03

                          R................................... 5/1/06

200................... R................................. 3/28/86

                          N................................ 3/28/86

                          R................................... 5/1/06

201................... R................................. 3/28/86

                          N................................ 3/28/86

                          R................................... 5/1/06

202................... T to 199...................... 3/28/86

                          N................................ 3/28/86

                          R................................... 5/1/06

202.1................ N.................................. 2/8/69

                          R................................. 3/28/86

202.2................ N.................................. 2/8/69

                          R................................. 3/28/86

203................... A................................ 3/24/71

                          R................................. 3/28/86

                          N................................ 3/28/86

                          R................................... 5/1/06

203.5................ N................................ 3/28/86

                          R................................... 5/1/06

204................... R................................. 3/28/86

205................... R................................... 7/1/77

                          N................................ 2/19/82

                          A............................... 12/10/83

                          A................................ 1/15/10

206................... R................................... 7/1/77

                          N................................ 2/19/82

                          A............................... 12/10/83

                          A................................ 1/15/10

207................... R................................... 7/1/77

                          N................................ 2/19/82

                          A............................... 12/10/83

                          A.................................. 4/8/02

                          A................................ 1/15/10

208................... R................................... 7/1/77

                          N................................ 2/19/82

                          A............................... 12/10/83

                          A.................................. 1/1/94

                          A.................................. 1/1/00

                          A................................ 1/15/10

209................... R................................... 7/1/77

                          N................................ 2/19/82

                          A............................... 12/10/83

210................... R................................... 7/1/77

                          N................................ 2/19/82

                          A............................... 12/10/83

                          A................................ 1/23/95

                          A................................ 10/1/97

                          A................................ 7/31/99

                          A................................ 1/15/10

                          A................................ 2/11/13

211................... R................................... 7/1/77

                          N................................ 2/19/82

                          A............................... 12/10/83

                          A.................................. 1/1/94

                          A................................ 1/15/10

212................... R................................... 7/1/77

                          N................................ 2/19/82

                          A............................... 12/10/83

                          A.................................. 1/1/00

                          A................................ 4/28/04

                          A.................................. 3/1/07

                          A................................ 1/15/10

213................... R................................... 7/1/77

                          N................................ 2/19/82

                          A............................... 12/10/83

                          A.................................. 1/1/00

                          A.................................. 3/1/07

                          A................................ 1/15/10

214................... R................................... 7/1/77

                          N................................ 2/19/82

                          A............................... 12/10/83

                          A................................ 1/15/10

215................... R................................... 7/1/77

                          N................................ 2/19/82

                          A.................................. 1/1/00

                          A................................ 4/28/04

                          A................................ 1/15/10

216................... R................................... 7/1/77

                          N................................ 5/27/83

                          A.................................. 1/6/91

                          A.................................. 5/1/96

                          A................................ 1/20/10

                          A................................ 5/13/10

                          A............................... 12/31/12

217................... R................................... 7/1/77

                          N................................ 5/27/83

                          A.................................. 1/6/91

                          A................................ 11/6/92

                          A.................................. 5/1/08

                          A................................ 1/15/10

                          A................................ 10/4/10

                          A.................................. 7/5/11

218................... R................................... 7/1/77

                          N................................ 5/27/83

                          R................................... 7/5/11

219................... R................................... 7/1/77

                          N................................ 5/27/83

220................... R................................... 7/1/77

                          N................................ 5/27/83

220.5................ N.................................. 1/6/91

221................... R................................... 7/1/77

                          N................................ 5/27/83

222................... R................................... 7/1/77

                          N................................ 6/24/85

223................... R................................... 7/1/77

                          N................................ 6/24/85

                          A.................................. 1/5/91

                          A.................................. 6/7/93

                          A.................................. 4/8/02

224................... R................................... 7/1/77

                          N................................ 6/24/85

225................... R................................... 7/1/77

                          N................................ 6/24/85

226................... R................................... 7/1/77

                          N................................ 6/24/85

227................... R................................... 7/1/77

                          N................................ 6/24/85

228................... R................................... 7/1/77

                          N................................ 6/24/85

229................... R................................... 7/1/77

                          N................................ 5/30/88

                          A................................ 8/31/11

230................... R................................... 7/1/77

                          N................................ 5/30/88

                          A................................ 8/31/11

231................... R................................... 7/1/77

                          N................................ 5/30/88

                          A................................ 8/31/11

232................... R................................... 7/1/77

                          N................................ 5/30/88

                          A................................ 8/31/11

233................... R................................... 7/1/77

                          N................................ 5/30/88

                          A................................ 8/31/11

234................... R................................... 7/1/77

                          N................................ 5/30/88

                          A................................ 8/31/11

235................... R................................... 7/1/77

                          N................................ 5/30/88

                          A................................ 8/31/11

236................... R................................... 7/1/77

                          N................................ 5/30/88

                          A................................ 8/31/11

237................... R................................... 7/1/77

                          N................................ 5/30/88

                          A................................ 8/31/11

238................... R................................... 7/1/77

                          N................................ 5/30/88

                          A................................ 8/31/11

239................... R................................... 7/1/77

                          N................................ 5/30/88

                          A................................ 8/31/11

240................... T

                          to subsec. 7, sec. A,

                          Canon 3, Code of

                          Judicial Conduct........... 7/1/77

                          N................................ 5/30/88

                          A................................ 8/31/11

241................... R................................... 7/1/77

                          N................................ 5/30/88

                          A................................ 8/31/11

242................... R................................... 7/1/77

                          N................................ 5/30/88

                          A................................ 8/31/11

243................... N............................... 10/12/77

                          A................................ 8/29/78

                          T to 10........................ 8/30/79

                          N................................ 5/30/88

                          A................................ 8/31/11

244................... N............................... 10/12/77

                          A................................ 8/29/78

                          T to 11........................ 8/30/79

                          N............................... . 5/30/88

                          A................................ 8/31/11

245................... N................................ 5/30/88

                          A................................ 8/31/11

246................... N................................ 5/30/88

                          A................................ 8/31/11

247................... N................................ 5/30/88

                          R................................. 8/31/11

248................... N.................................. 6/1/90

249................... N.................................. 6/1/90

250................... N.................................. 6/1/90

                          A.................................. 6/1/90

                          A................................ 8/15/93

                          R................................. 1/29/99

                          N................................ 1/29/99

                          A................................ 1/20/00

251................... N.................................. 1/5/91

                          A................................ 5/27/91

252................... N................................ 5/16/91

253................... N.................................. 4/1/97

254................... N.................................. 3/6/02

                          R............................... 12/16/04

 

Nevada Code of Judicial Conduct

 

                                                                                               Effective                                                                                                         Effective

Canon                         Key                                                        Date              Canon                          Key                                                       Date

  1..................... N.................................. 7/1/77

                          R................................. 12/5/91

                          N................................ 12/5/91

                          A................................ 9/13/04

                          R................................. 1/19/10

  2..................... N.................................. 7/1/77

                          R................................. 12/5/91

                          N................................ 12/5/91

                          A................................ 9/13/04

                          R................................. 1/19/10

  3..................... N.................................. 7/1/77

                          R................................. 12/5/91

                          N................................ 12/5/91

                          A................................ 9/13/04

                          R................................. 1/19/10

  4..................... N.................................. 7/1/77

                          R................................. 12/5/91

                          N................................ 12/5/91

                          R................................. 1/19/10

  4C.................. A............................... 10/28/03

                          R................................. 1/19/10

  4I................... N................................ 11/8/96

                          R................................. 1/19/10

  5..................... N.................................. 7/1/77

                          R................................. 12/5/91

                          N................................ 12/5/91

                          A................................ 9/13/04

                          A.................................. 2/1/07

                          A................................ 11/1/07

                          R................................. 1/19/10

  6..................... N.................................. 7/1/77

                          R................................. 12/5/91

                          R................................. 1/19/10

  7..................... N.................................. 7/1/77

                          R................................. 12/5/91

                          R................................. 1/19/10

 

Revised Nevada Code of Judicial Conduct

 

                                                                                               Effective                                                                                                         Effective

Canon............... Key........................... Date Canon   Key          Date         1              N                             1/19/10

  2..................... N................................ 1/19/10

  3..................... N................................ 1/19/10

  4..................... N................................ 1/19/10

 

Rules for Sealing and Redacting Court Records

 

                                                                                               Effective                                                                                                         Effective

Rule                            Key                                                        Date              Rule                             Key                                                       Date

  1..................... N.................................. 1/1/08

  2..................... N.................................. 1/1/08

  3..................... N.................................. 1/1/08

  4..................... N.................................. 1/1/08

  5..................... N.................................. 1/1/08

  6..................... N.................................. 1/1/08

  7..................... N.................................. 1/1/08

  8..................... N.................................. 1/1/08

 

Rules Governing the Standing Committee on Judicial Ethics

 

                                                                                               Effective                                                                                                         Effective

Rule                            Key                                                        Date              Rule                             Key                                                       Date

  1..................... N................................ 12/1/97

                          A................................ 9/10/08

                          A................................ 7/29/11

  2..................... N................................ 12/1/97

                          A................................ 6/15/06

                          A................................ 7/29/11

  3..................... N................................ 12/1/97

  4..................... N................................ 12/1/97

                          A.................................. 7/2/98

                          A................................ 7/26/02

                          A................................ 6/15/06

                          R................................. 7/29/11

  5..................... N................................ 12/1/97

                          A................................ 9/10/08

                          A................................ 7/29/11

  6..................... N................................ 12/1/97

                          A................................ 7/29/11

  7..................... N................................ 12/1/97

 

Rules Governing Appearance by Audiovisual Transmission Equipment

 

                                                                                               Effective                                                                                                         Effective

Rule.................. Key........................... Date Rule      Key          Date         1              N                             3/1/09

                          A.................................. 2/2/10

  2..................... N.................................. 3/1/09

                          A.................................. 2/2/10

  3..................... N.................................. 3/1/09

                          A.................................. 2/2/10

  4..................... N.................................. 3/1/09

                          A.................................. 2/2/10

  IX-A.(A)1...... N.................................. 1/1/13

  IX-A.(A)2...... N.................................. 1/1/13

  IX-A.(A)3...... N.................................. 1/1/13

  IX-A.(A)4...... N.................................. 1/1/13

  IX-A.(B)1....... N.................................. 1/1/13

  IX-A.(B)2....... N.................................. 1/1/13

  IX-A.(B)3....... N.................................. 1/1/13

  IX-A.(B)4....... N.................................. 1/1/13

  IX-B.(A)1....... N.................................. 7/1/13

  IX-B.(A)2....... N.................................. 7/1/13

  IX-B.(A)3....... N.................................. 7/1/13

  IX-B.(A)4....... N.................................. 7/1/13

  IX-B.(B)1....... N.................................. 7/1/13

  IX-B.(B)2....... N.................................. 7/1/13

  IX-B.(B)3....... N.................................. 7/1/13

  IX-B.(B)4....... N.................................. 7/1/13

 

Rules Governing the Collection of Fees and Charges

 

                                                                                               Effective                                                                                                         Effective

Rule.................. Key........................... Date Rule      Key          Date         1              N                             6/4/10

  2..................... N.................................. 6/4/10

 

Rules Pertaining to Exhibits Marked and/or Admitted Into Evidence

 

                                                                                               Effective                                                                                                         Effective

Rule                            Key                                                        Date              Rule                             Key                                                       Date

  1..................... N................................ 1/26/11

  2..................... N................................ 1/26/11

  3..................... N................................ 1/26/11

  4..................... N................................ 1/26/11

  5..................... N................................ 1/26/11

  6..................... N................................ 1/26/11

 

ADDENDUM

 

                                                                                               Effective                                                                                                         Effective

Addendum                  Key                                                        Date              Addendum                  Key                                                       Date

  1..................... N............................... 11/27/96

                          A................................ 6/24/98

                          A.................................. 3/9/01

                          A.................................. 4/8/02

                          A................................ 7/26/02

                          A............................... 11/30/02

                          A.................................. 4/8/02

                          A................................ 5/28/03

                          A................................ 5/28/04

                          A................................ 9/30/04

                          A................................ 11/3/04

                          A................................ 6/18/09

                          A................................ 9/12/11

                          A................................ 5/20/13

  2..................... N............................... 11/27/96

                          A................................ 6/24/98

                          A.................................. 4/8/02

                          A................................ 5/28/03

                          A................................ 9/12/11

 

 

IN THE SUPREME COURT OF THE

STATE OF NEVADA

 

In The Matter of the Adoption

             of

Supreme Court Rules

 

 

 

ORDER ADOPTING SUPREME COURT RULES

 

     It Is Hereby Ordered, pursuant to the provisions of NRS 2.120, that the annexed rules be and the same hereby are adopted for the government of the Supreme Court of Nevada and the legal profession in this state; that the same shall be effective on October 15, 1965; that publication thereof be made by the mailing of a printed copy by the clerk of this court to each member of the State Bar of Nevada according to the clerk’s official list of membership of such Bar (which will include all district judges) and to each justice of the peace and to each police judge in this state, and that the certificate of the clerk of this court as to such mailing, not less than 30 days prior to October 15, 1965, shall be conclusive evidence of the adoption and publication of such rules in accordance with the provisions of NRS 2.120.

 

      It Is Hereby Further Ordered that copies be provided by the clerk of this court to each county clerk in the state.

 

      Dated: August 11, 1965.

 

 

BY THE COURT

 

                                                                                                    Gordon Thompson

          Associate Justice

                                                                                                        Milton B. Badt

          Associate Justice

                                                                                                        David Zenoff

          District Judge

 

SUPREME COURT RULES

 

 

PART I.  GENERAL PROVISIONS

      Rule 1.  Title.  These rules may be known and cited as Supreme Court Rules, or abbreviated S.C.R.

 

      Rule 2.  Definitions of words and terms.  In these rules, unless the context or subject matter otherwise requires:

      1.  “Appellant” includes, if appropriate, a petitioner.

      2.  “Appellee” includes, if appropriate, a respondent.

      3.  “Board of governors” means the board of governors of the State Bar of Nevada.

      4.  “Case” includes action and proceeding.

      5.  “Clerk” means the clerk of the supreme court.

      6.  “Court” means the supreme court.

      7.  “Party,” “applicant,” “petitioner” or any other designation of a party include such party’s attorney of record. Whenever under these rules a notice or other paper is required to be given or served on a party, such notice or service shall be made on his attorney of record if he has one.

      8.  “Person” includes and applies to corporations, firms, associations and all other entities, as well as natural persons.

      9.  “Shall” is mandatory and “may” is permissive.

      10.  “State bar” means the State Bar of Nevada.

      11.  “Another jurisdiction of the United States” includes any United States court or the highest court in any state, territory or insular possession of the United States.

      12.  The past, present and future tense shall each include the others; the masculine, feminine and neuter gender shall include the others; and the singular and plural number shall each include the other.

      [As amended; effective September 24, 2002.]

      Rule 3.  Effect of rule and subdivision headings.  Rule and subdivision headings set forth in these rules shall not in any manner affect the scope, meaning or intent of any of the provisions of these rules.

 

      Rule 4.  Nonjudicial days.  If any day on which an act required to be done by anyone by these rules falls on a nonjudicial day, the act may be performed on the next succeeding judicial day.

 

      Rule 5.  Construction of rules.  These rules shall be liberally construed to secure the proper and efficient administration of the business and affairs of the court and to promote and facilitate the administration of justice by the court.

PART II.  GOVERNMENT OF THE COURT SYSTEM

      Rule 7.  Administration of the Court; conservation of Court resources.

      1.  The vote of each Justice of this Court, through the rule-making process and participation in decisions and orders concerning particular issues, has equal weight in directing the administration of the Court and the utilization of Court resources. When functioning in the capacity of Chief Justice or Vice Chief Justice, as hereinafter defined, a Court member must act diligently, fairly and consistently to execute the Court’s administrative policy choices, as established by the Court’s rules, decisions, orders, historical practices and norms.

      2.  The Chief Justice is the Justice whose current commission is senior in the date of its issuance, and, in case the commissions of any two or more of the Justices shall bear the same date, they shall determine by lot who shall be Chief Justice.

      3.  The Justice whose current commission is the most senior in the date of its issuance, excepting that of the Chief Justice, shall be designated as, and have the title of “Vice Chief Justice.” In case the commissions of any two other Justices shall bear the same date, the Chief Justice shall designate which of those Justices, next senior in commission, shall be Vice Chief Justice.

      4.  The Chief Justice is the administrative head of the Nevada Court System, who must act in accordance with court rules and all norms of collegial conduct heretofore expressly or implicitly recognized by the historical practices of the Court and be bound by any decision or order that may be entered by a majority of the Court. Unless he is absent from the Court, disqualified, mentally, emotionally or physically disabled, or otherwise unavailable, the Chief Justice, as administrative head of the Nevada Court System, has authority to perform administrative activities not inconsistent with this and other Court rules or any recognized norm, or any decision or order of the majority. Whenever the Chief Justice is absent from the Court, disqualified, disabled, or otherwise unavailable, the Vice Chief Justice may and shall in all respects act as Chief Justice.

      5.  In the event the Chief Justice or the Vice Chief Justice is either disqualified or wishes to recuse himself in regard to the decision of any litigated matter, he is also precluded from undertaking any administrative action with regard thereto. This preclusion includes, but is not limited to, the assignment or direction of court personnel to review files of the case in question and the selection of any substitute jurists to participate in the court’s decision. The Justice next senior in commission who is not disqualified or recused shall be notified, and all administrative actions shall be taken by the Justice who is not disqualified.

      6.  Whenever it shall appear that the Chief Justice is absent from the Court, disqualified for any reason, disabled, or otherwise unavailable or precluded from performing any administrative duty or responsibility, thereupon the Clerk of the Court, the Director of the Administrative Office of the Courts, the Supervising Staff Attorney, and other court personnel shall present any and all current administrative concerns to the Vice Chief Justice for consideration and decision. The Vice Chief Justice shall thereupon act upon and resolve such administrative concerns pursuant to his constitutional authority to act as Chief Justice.

      7.  The Chief Justice and Vice Chief Justice are not at liberty to enter into ad hoc delegations of their administrative authority to other members of the Court, nor are other Court members at liberty to accept such ad hoc delegations. In the event the Chief Justice finds that, for whatever reason, he feels unable to act or speak for the Court in regard to any administrative matter, he must accordingly timely and promptly advise the Vice Chief Justice, who shall thereupon either exercise the contemplated function or, if he also feels unable to act or speak, shall relinquish it to which ever Justice is next senior in commission.

      8.  Whenever it shall appear to a majority of the Court that the Chief Justice or Vice Chief Justice may be about to perform any administrative action of which they disapprove, they may by private or public directive advise him that his contemplated conduct is contrary to the Court’s administrative policy as determined by the Court’s majority. In the event that the Chief Justice or Vice Chief Justice is unable to persuade a majority of the Court to accept his position and nevertheless attempts to take an administrative action which has been foreclosed by the majority’s directive, his action shall be null and void.

      9.  Any administrative order entered by the Chief Justice or Vice Chief Justice is also subject to modification or revision subsequent to its entry, through an order entered by a majority of the Court.

      10.  In the event that the Chief Justice or Vice Chief Justice is temporarily disabled to perform the duties of his office, then as provided in Art. 6, § 19(2) of the Nevada Constitution, the Justice next senior in commission shall act in his place and stead.

      11.  In apportioning the judicial work of the Court among its Justices, as provided in the Nevada Constitution, the Chief Justice and Vice Chief Justice shall require the Clerk to assign an equal number of cases on a random basis to each member of the Court, without exception. Except as approved by the Court, no member of the Court shall be allowed or shall accept any special assistance from the Central Staff, or from the Office of the Clerk, in regard to any cases assigned to him individually for preparation of an opinion, or for projects unrelated to cases pending before the court. Resources of the Central Staff, the Office of the Clerk, and the Administrative Office of the Courts shall not be applied or diverted in any way to discharge opinion-writing assignments of individual justices, without first obtaining the express prior consent of a majority of the Court. To obtain such consent, any Court member who desires special assistance, beyond that available through his personal secretary and law clerks, shall prepare a memorandum explaining the need therefor, which shall be subject both to prior discussion, and to approval or rejection, at a Court meeting of which all Court members are allowed timely notice. Nothing in this rule shall preclude a Justice from requesting of a staff member occasional, supplemental research on specific legal points relating to the deliberations of the court.

      12.  In the absence of a request for special assistance, approved by the Court as aforesaid, every court member without exception is expected to produce opinions in the cases assigned to him only with the assistance of the legal secretary or shared secretaries and personal law clerks who are directly assigned to his chambers. No court member shall consult with or seek assistance from private attorneys outside the Court family.

      13.  The Court’s copying machines and supplies, word processors, typewriters, telefax machines, stationery, postage and other resources are provided solely to transact business on behalf of the Nevada Court System. Without exception, all Court members and personnel are under a continuing duty to assure that unauthorized persons, including their family members, do not utilize any of the Court’s resources.

      14.  As a part of their administrative duties, the Chief Justice and Vice Chief Justice may issue truthful press releases that fully and accurately state the collective performance of the Court. Without exception, no Court member may utilize the Central Staff, the Office of the Clerk, or the Administrative Office of the Courts, either to perform research for, or to prepare and disseminate, any press release or other propaganda that seeks approval or notoriety for the individual activities of himself or of some other justice individually. If not done in furtherance of a re-election effort, a Court member may, however, publicize his individual Court activities through releases prepared on his own official Court stationery with the assistance of his personal secretary and law clerks. If done in furtherance of a political campaign, no court personnel, stationery or postage whatever shall be utilized to prepare any press release or propaganda concerning the activities of any individual justice.

      15.  No Court employee shall knowingly participate in any activity which is inconsistent with this rule. Court personnel shall promptly advise Court members of any request or attempt by anyone seeking to obtain assistance or utilizing Court resources in contravention of this rule.

      16.  Any deliberate non-compliance with this rule will be regarded as willful misconduct in office.

      [Added; effective January 6, 1992.]

      Rule 7.5.  Judicial regions.  There shall be five judicial regions in the state which shall be comprised as follows:

      1.  Sierra region shall consist of all courts, except the supreme court, within the first, third, ninth, and tenth judicial districts;

      2.  The Washoe region shall consist of all courts within the second judicial district;

      3.  The North Central region shall consist of all courts within the fourth and sixth judicial districts;

      4.  The South Central region shall consist of all courts within the fifth and seventh judicial districts;

      5.  The Clark Region shall consist of all courts within the eighth judicial district.

      [Added; effective February 15, 1979; amended effective December 13, 2012.]

      Rule 8.  Regional Judicial Councils.

      1.  Composition, terms.  Effective January 1, 2001, and superseding former Supreme Court Rule 8, there is hereby created a regional judicial council in each region. Each regional judicial council shall be composed of the individual judges whose courts are geographically located within the region. The regional councils shall be represented on the state judicial council by one district judge, who shall be chair, and one limited jurisdiction judge, each of whom shall be elected by a majority of his or her respective colleagues in the region for a term of three years; except in the judicial districts required to elect a chief judge pursuant to NRS 3.025, that chief judge, or the chief judge’s designate, shall be the district judge member concurrent with his or her term as chief judge.

      (a) The Clark regional judicial council shall be represented by:

             (1) Two additional district judges to be elected by a majority of the district judges in the region. Of the two additional district judges, one must be from the criminal/civil division and one from the family division.

             (2) One additional limited jurisdiction judge to be elected by a majority of the limited jurisdiction judges in the region.

      (b) The Washoe regional judicial council shall be represented by one additional limited jurisdiction judge to be elected by a majority of the limited jurisdiction judges in the region. Of the two limited jurisdiction judges, one must be a justice of the peace and one must be a municipal judge.

      2.  Election.  Elections for regional judicial council representative shall be conducted as necessitated by prospective expiration of terms. Elections may be conducted in person, via mail, or via electronic means through the administrative office of the courts within sufficient time to ensure that the results of the necessary elections can be certified to the chief justice on or before the first business day in January in which any new term begins.

      3.  Meetings.  The regional judicial councils shall meet at least once every four months, or at the call of the chair.

      4.  Purpose.  Each regional judicial council shall, subject to the direction of the chief justice, rule or order of the supreme court:

      (a) Coordinate the implementation of, within its region, all administrative rules and orders of the supreme court or the chief justice.

      (b) Provide a forum for the communication of information between the courts of the region and the supreme court.

      (c) Define, develop and coordinate programs and projects for the improvement of courts in the region.

      5.  Voting authority.  Each judge in the region has one vote on regional judicial council matters at regional council meetings.

      [As amended; effective December 13, 2012.]

      Rule 9.5.  List of vexatious litigants.

      1.  Purpose and procedure.  The administrative office of the courts shall maintain for use by the judicial council and the courts of the state a list of litigants that have been declared as vexatious by any court, at any level of jurisdiction, throughout the state:

      (a) Each court shall, upon entering an order declaring a litigant to be vexatious, submit a copy of the order to the director of the administrative office of courts or his or her designee.

      (b) The director or designee shall enter the name of the litigant identified in the aforementioned order on a list of vexatious litigants and post the list in such a place so that it will be readily accessible to the various courts. The director or designee shall maintain the list in good order.

      (c) If a court takes any action that affects the status of a litigant declared vexatious, the court shall forward record of that action to the director or designee forthwith for amendment of the list.

      [Added; effective December 13, 2012.]

      Rule 9.  Judicial Council of the State of Nevada.

      1.  Creation, composition.  There is hereby created a judicial council of the State of Nevada which shall supersede the council established by former Supreme Court Rule 9 and it shall be composed of the members of each regional judicial council, the chief justice, who shall serve as chair, and the vice-chief justice. If not otherwise a member, the presidents of the Nevada District Judges Association and Nevada Judges of Limited Jurisdiction Association shall each be an ex-officio member to provide additional information to the judicial council of the State of Nevada on behalf of their respective associations. If otherwise a member, the presidents of the Nevada District Judges Association and the Nevada Judges of Limited Jurisdiction Association shall appoint a voting designate to represent their respective association. The state court administrator, Clark region district court administrator and Washoe region district court administrator shall each be a non-voting, ex-officio member of the judicial council of the State of Nevada. All members of the council are voting members except the three court administrators.

      2.  Meetings.  The judicial council of the State of Nevada shall meet at least once every four months.

      3.  Purpose.  The judicial council of the State of Nevada shall, at a minimum:

      (a) Develop and recommend to the supreme court policies for the administration of the judiciary.

      (b) Consider issues forwarded to it by the supreme court and/or chief justice.

      (c) Review and approve proposed legislation affecting the courts submitted by the Nevada District Judges Association, the Nevada Judges of Limited Jurisdiction Association, and the various courts that make up the Nevada judicial branch.

      (d) Recommend legislation and/or rules affecting the courts to the supreme court.

      (e) Establish committees to develop minimum standards, to be recommended to the supreme court for, at a minimum:

             (1) Judicial administrative performance;

             (2) Education and training for judges;

             (3) Education and training for court support staff;

             (4) Court facilities;

             (5) Court security;

             (6) Court technology;

             (7) Court staffing;

             (8) Resolving intra-court discrepancies submitted to the council by one or more courts;

             (9) Resolving discrepancies between the courts and outside organizations submitted to the council by a court or by the outside organization.

      Such committees exist at the will of the council and may be convened, suspended, reconvened, or eliminated at the direction of the council at any time. Other committees may also be established to consider and make recommendations regarding other issues of concern to the Nevada judiciary.

      (f) Develop recommendations to be approved by the supreme court for the improvement of Nevada’s courts and the statewide court system.

      (g) Review and recommend changes as needed to the annual report on the judiciary published by the administrative office of the courts.

      (h) In coordination with the administrative office of the courts, seek and accept federal and private funding for the improvement of Nevada’s courts and statewide court system.

      (i) Establish procedures to be followed by the council to achieve its purpose.

      4.  Support.  The administrative office of the courts shall provide support services to the council including, at a minimum:

      (a) Developing and publishing regional judicial council and council of the State of Nevada agendas.

      (b) Recording and publishing the council of the State of Nevada’s meeting minutes.

      [As amended; effective December 13, 2012.]

      Rule 10.  Senior justices and judges; designation; service as settlement judge; assignment; duties and powers; compensation and expenses; oath; discipline and removal.

      1.  Eligibility for recall.  The supreme court may recall a former supreme court justice or district judge to active service as a senior justice or senior judge of the Nevada court system, provided that:

      (a) He or she has served as a supreme court justice or district judge, or any combination thereof, for at least four consecutive years; and

      (b) He or she is eligible to retire or has retired under the provisions of the Nevada Revised Statutes; and

      (c) He or she was not removed or retired for cause or defeated for retention in an election for the judicial office that he or she seeks to be recalled for service.

      2.  Application.  A former supreme court justice or district judge who meets the requirements of subsection 1 of this rule may apply to be commissioned as a senior justice or judge by filing with the clerk of the supreme court a written application on a form approved by the supreme court. The approved application forms shall be available at the supreme court clerk’s office.

      3.  Investigation and approval.  The supreme court may refer an applicant to the administrative office of the courts or the commission on judicial selection for investigation into the background and qualifications of the applicant and for a recommendation as to whether the applicant should receive a commission as a senior justice or judge. If the supreme court determines that the applicant remains physically and mentally capable of performing valuable judicial service on a continuing basis, and that the applicant’s recall to active service will promote the effective administration of justice, a commission, duly executed and authenticated by the chief justice and clerk, shall thereupon issue under the seal of the supreme court.

      4.  Term of commission.  Each senior justice or judge being recalled to service shall serve a term of one year, unless the term is earlier terminated or the senior justice or judge voluntarily resigns his or her commission. The renewal of the one-year term for a senior justice or judge shall be as follows:

      (a) Judges who have retired or who are eligible to retire and who are not currently serving as a senior justice or judge may apply for a commission to serve as a senior judge at any time;

      (b) The renewal date of the terms of senior justices or judges recalled after adoption of this rule shall be July 1 of each year; however, the supreme court may, in its sole discretion, elect not to renew the commission of a senior justice or judge at the end of that judge’s one-year term;

      (c) No later than May 1 of each year, a senior justice or judge wishing to continue to serve may request a new commission. The supreme court may require additional information or evaluation prior to extending any judge’s term.

      (d) Any extended commission shall be for one year.

      5.  Extra-judicial employment.  A senior justice or judge is ineligible to practice law in any of the courts of this state or to accept employment which contemplates giving advice on legal matters and shall not be a member of or associated with a firm or attorney that practices law. A senior justice or judge may, however, serve as a private mediator or arbitrator for compensation provided that the case or matter being mediated or arbitrated did not first come to the senior justice or judge while serving in his or her capacity as senior justice or judge. A senior justice or judge may work for a private arbitration/mediation firm or company that is not affiliated directly or indirectly with a private law firm. Notwithstanding Canon 4C(3) of the Nevada Code of Judicial Conduct, a senior justice or judge may serve as an officer, director, manager, or employee of a business, but full disclosure of such activity shall in all cases be made a matter of record, and the participation of such justice or judge may in all cases be precluded by any party through a timely objection made before consideration of any contested matter.

      6.  Eligibility for assignment.  A senior justice or judge, with his or her consent, is eligible for temporary assignment to any state court at or below the level of the court in which he or she was serving at the time of retirement or leaving office, provided that the justice or judge previously served at least two years in that office of temporary assignment and provided that the judge was not removed or retired for cause from that judicial office or defeated for retention in an election for that office. If designated by the governor, at the request of the chief justice or the chief justice’s designee, a senior judge may also hear specific cases in the supreme court upon disqualification of a justice thereof. A senior justice or judge may also be assigned to act as a settlement judge in any state court. But no senior justice or judge may serve as a settlement judge unless that justice or judge completes a course in alternative dispute resolution offered by the National Judicial College, or a similar course of study approved by the chief justice. The chief justice may, in appropriate circumstances, waive the educational requirement for service as a settlement judge.

      The cost of any course taken by a senior justice or judge to qualify that justice or judge to serve as a settlement judge shall be paid from funds appropriated for judicial education or from the senior judge budget if approved by the chief justice.

      7.  Temporary assignment to district court.  A district court requiring supplemental judicial assistance may request that the supreme court temporarily assign a senior justice or judge to that court. Any request for a temporary assignment must be submitted to the Administrative Office of the Courts in a form and manner prescribed by that office. The chief justice or the chief justice’s designee shall approve the assignment in writing. The Administrative Office of the Courts shall advise the district court of the assignment by issuing an assignment memorandum signed by the chief justice or the chief justice’s designee.

      8.  Temporary assignment to supreme court.  The temporary assignment of a senior justice to the supreme court shall be made by order signed by the chief justice or the chief justice’s designee and filed with the clerk of the supreme court. The chief justice, as in the case of sitting district court judges, may request the governor to issue a special commission assigning a senior judge to hear and determine a case in the supreme court.

      9.  Duties and powers.  Each senior justice or judge assigned as provided in this rule has all the judicial powers and duties, while serving under the assignment, of a regularly elected and qualified justice or judge of the court to which he or she is assigned. Without specific assignment, senior justices and judges may perform routine ministerial acts, including the solemnization of marriages, and the administering of oaths, but shall not admit to bail any person accused of crime.

      10.  Compensation.  A senior justice or judge assigned as provided in this rule shall receive as compensation for the time actually engaged in the performance of duties under the assignment an amount proportional to the gross monthly salary of a regularly elected and qualified judge of the court on which he or she qualified for retirement. The compensation shall be paid upon the certificate of the justice or judge that the services were performed for the number of hours shown in the certificate.

      Each senior justice or judge shall be deemed to have a home court. The home court for a judge residing in Nevada is the district court closest to his or her residence. If a judge has more than one residence, the home court is the district court closest to the assignment. For a judge residing outside of Nevada, the home court is the district court closest to the assignment to which the judge can fly or drive.

      A senior justice or judge shall be entitled to compensation for travel time, travel expenses and per diem expenses as set forth in the Supreme Court Policy for Administration of the Senior Judge Program.

      11.  Oath.  To accept a commission as a senior justice or judge, a former supreme court justice or district judge must take, subscribe and file with the clerk of the supreme court, the following oath or affirmation:

      “I, ........................., do solemnly swear (or affirm) that I will support, protect and defend the Constitution and Government of the United States, and the Constitution and Government of the State of Nevada, against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance and loyalty to the same, any ordinance, resolution or law of any State notwithstanding, and that I will well and faithfully perform all the duties of the office of a senior justice (or judge) of the Nevada court system on which I am about to enter; (if an oath) so help me God; (if an affirmation) under the pains and penalties of perjury.”

      12.  Discipline and removal.  The supreme court may for cause revoke the commission of any senior justice or judge, either following notice and opportunity for hearing before the court, or after proceedings before the commission on judicial discipline. The supreme court may temporarily suspend the commission of any senior justice or judge.

      [Added; effective October 12, 1977; amended; effective June 26, 2008.]

      Rule 11.  Judges pro tempore; recall; assignment; duties and powers; compensation and expenses; oath; discipline and removal.

      1.  Eligibility for recall.  The supreme court may recall a former supreme court justice, district court judge, justice of the peace or municipal judge, who is not a senior justice or senior judge of the Nevada court system, to temporary service as a judge pro tempore, provided that:

      (a) He or she has served as a supreme court justice, district court judge, justice of the peace or municipal judge, or any combination thereof, for at least four consecutive years; and

      (b) He or she is eligible to retire or has retired under the provisions of the Nevada Revised Statutes; and

      (c) He or she was not removed or retired for cause from that judicial office or defeated for retention in an election for that office.

      2.  Recall.  Whenever the chief justice determines that it will promote the effective administration of justice, the chief justice may recall and assign any such person to temporary service on any state court at or below the level of the court on which the former jurist qualified for retirement, provided that the justice or judge previously served at least two years in that office. No such person is subject to recall as a judge pro tempore except upon his or her prior consent, and, if he or she is currently engaged in practicing law before any of the courts of this state, upon the express written consent of all interested parties. If designated by the governor, at the request of the chief justice, a former district judge may be assigned, as a judge pro tempore, to hear specific cases in the supreme court upon disqualification of a justice thereof. Notwithstanding anything in these rules to the contrary, recall and assignment will be authorized only pursuant to approval of a majority of elected justices of the supreme court.

      3.  Order for temporary assignment.  The assignment of a judge pro tempore shall be made by an order which shall designate the court to which he or she is assigned, and, in the case of a former district judge assigned to hear and determine a case in the supreme court, the governor shall issue a special commission, as in the case of other judges of the district court. Promptly after assignment of a judge pro tempore under this rule, the clerk of the supreme court shall cause a copy of the order to be sent to the judge pro tempore and another copy to the court to which he or she is assigned.

      4.  Duties and powers.  Each judge pro tempore assigned as provided in this rule has all the judicial powers and duties, while serving under the assignment, of a regularly elected and qualified justice or judge of the court to which he or she is assigned.

      5.  Compensation.  A former supreme court justice or district judge who accepts an assignment as a judge pro tempore in the supreme court or district court, as provided in this rule, shall receive as compensation for the time actually engaged in the performance of duties under the assignment an amount proportional to the gross monthly salary of a regularly elected and qualified judge of the court on which he or she qualified for retirement. A former supreme court justice, district judge, justice of the peace or municipal judge, who accepts an assignment as a judge pro tempore in a justice court or a municipal court, shall receive as compensation for the time actually engaged in the performance of duties under the assignment an amount proportional to the gross monthly salary of a regularly elected and qualified judge of the court to which he or she is assigned. Compensation to judges pro tempore for service in the supreme court and district court shall be paid by the state, and compensation for service in justice court or municipal court shall be paid by the local entity which the court serves unless the state by law assumes responsibility for funding such courts. Before recalling and assigning former supreme court justices and district judges to serve as judges pro tempore, the chief justice should, within their capabilities, accord preference to those who have elected to declare their continuing availability as senior justices and judges. Compensation shall be paid to a judge pro tempore upon his or her certificate that the services were performed for the number of days shown in the certificate.

      6.  Expenses.  A judge pro tempore assigned to a court located outside the county in which he or she regularly resides shall receive, in addition to daily compensation, traveling expenses and per diem as provided by law while attending court or transacting business under the assignment. The expenses shall be paid upon presentation of an itemized statement of expenses, certified by the judge pro tempore to be correct.

      7.  Oath.  Upon accepting an assignment, a judge pro tempore must take, subscribe and file with the clerk of the supreme court the following oath or affirmation:

 

      “I, ........................., do solemnly swear (or affirm) that I will support, protect and defend the Constitution and Government of the United States, and the Constitution and Government of the State of Nevada, against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance and loyalty to the same, any ordinance, resolution or law of any State notwithstanding, and that I will well and faithfully perform all the duties of the office of a judge pro tempore of the Nevada court system on which I am about to enter; (if an oath) so help me God; (if an affirmation) under the pains and penalties of perjury.”

 

      8.  Discipline and removal.  By subscribing and filing such oath, a judge pro tempore is subject to discipline and loss of status as such for violation of the Nevada Code of Judicial Conduct as applicable to judges pro tempore. Notwithstanding Canon 4C(3) of the Nevada Code of Judicial Conduct, service as an officer, director, manager, or employee of a business shall not preclude recall as a judge pro tempore, but full disclosure of such activity shall in all cases be made a matter of record, and the participation of the justice or judge may in all cases be precluded by any party through a timely objection made before consideration of any contested matter.

      [Added; effective October 12, 1977; amended; effective January 18, 2005.]

      Rule 12.  Senior justices of the peace and municipal judges; designation; assignment; duties and powers; compensation and expenses; oath; discipline and removal.

      1.  Eligibility for recall.  The supreme court may recall a former justice of the peace or municipal judge to active service as a senior justice of the peace or senior municipal judge of the Nevada court system, provided that:

      (a) He or she has served as a justice of the peace or municipal judge for at least four consecutive years; and

      (b) He or she is eligible to retire or has retired under the provisions of the Nevada Revised Statutes; and

      (c) He or she was not removed or retired for cause from that judicial office or defeated for retention in an election for that office.

      2.  Application.  A former justice of the peace or municipal judge who meets the requirements of subsection 1 of this rule may apply to be commissioned as a senior justice of the peace or senior municipal judge by filing with the clerk of the supreme court a written application on a form approved by the supreme court. The approved application forms shall be available at the supreme court clerk’s office.

      3.  Investigation and approval.  The supreme court may refer an applicant to the administrative office of the courts or the commission on judicial selection for investigation into the background and qualifications of the applicant and for a recommendation as to whether the applicant should receive a commission as a senior justice of the peace or senior municipal judge. If the supreme court determines that the applicant remains physically and mentally capable of performing valuable judicial service on a continuing basis, and that the applicant’s recall to active service will promote the effective administration of justice, a commission, duly executed and authenticated by the chief justice and clerk, shall thereupon issue under the seal of the supreme court.

      4.  Extra-judicial employment.  A senior justice of the peace or senior municipal judge is ineligible to practice law in any of the courts of this state or to accept employment which contemplates giving advice on legal matters and shall not be a member of or associated with a firm or attorney that practices law. A senior justice of the peace or senior municipal judge may, however, serve as a private mediator or arbitrator for compensation. Notwithstanding Canon 4C(3) of the Nevada Code of Judicial Conduct, a senior justice of the peace or senior municipal judge may serve as an officer, director, manager, or employee of a business, but full disclosure of such activity shall in all cases be made a matter of record, and the participation of such justice of the peace or municipal judge may in all cases be precluded by any party through a timely objection made before consideration of any contested matter.

      5.  Eligibility for assignment.  A senior justice of the peace or senior municipal judge is eligible for temporary assignment to any Justice or municipal Court in the State of Nevada to which he or she could be appointed for temporary service as a current justice of the peace or municipal judge, provided that the justice or judge previously served at least two years in that office.

      6.  Temporary assignment.  The assignment of a senior justice of the peace or senior municipal judge shall become effective upon the invitation of a justice of the peace or municipal judge, or by the city council or county commission, of the jurisdiction to which the senior justice of the peace or senior municipal judge is to be assigned and acceptance by the senior justice of the peace or senior municipal judge.

      7.  Duties and powers.  Each senior justice of the peace or senior municipal judge assigned as provided in this rule has all the judicial powers and duties, while serving under the assignment, of a regularly elected and qualified judge of the court to which the senior justice of the peace or senior municipal judge is assigned. Without specific assignment, senior justices of the peace and senior municipal judges may perform routine ministerial acts, including the solemnization of marriages, subject to limitations in the jurisdiction in which they are performed, if any, and the administering of oaths, but shall not admit to bail any person accused of a crime.

      8.  Compensation.  A senior justice of the peace or senior municipal judge assigned as provided in this rule shall receive as compensation for the time actually engaged in the performance of duties under the assignment an amount proportional to the gross monthly salary of the regularly elected and qualified judge of the court to which he or she is assigned, or a different amount if approved by the senior justice of the peace or senior municipal judge and provided by the court, the city council or county commission of the jurisdiction to which the senior justice of the peace or senior municipal judge is assigned. The compensation shall be paid by the jurisdiction in which service is performed upon the certificate of the justice of the peace or municipal judge that the services were performed for the number of days shown in the certificate. A senior justice of the peace or senior municipal judge assigned to a court located outside the county or city in which he or she regularly resides shall receive, in addition to daily compensation, traveling expenses and per diem as provided by law while attending court or transacting business under the assignment. The expenses shall be paid by the jurisdiction in which service is performed upon presentation of an itemized statement of the expenses, certified by the senior justice of the peace or senior municipal judge to be correct.

      9.  Oath.  To accept a commission as a senior justice of the peace or senior municipal judge, a former justice of the peace or municipal judge must take, subscribe and file with the clerk of the supreme court, the following oath or affirmation:

 

       “I, ……………………………., do solemnly swear (or affirm) that I will support, protect and defend the Constitution and Government of the United States, and the Constitution and Government of the State of Nevada, against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance and loyalty to the same, any ordinance, resolution or law of any State notwithstanding, and that I will well and faithfully perform all the duties of the office of a senior justice of the peace (or senior municipal judge) of the Nevada court system on which I am about to enter; (if an oath) so help me God; (if an affirmation) under the pains and penalties of perjury.”

 

      10.  Discipline and removal.  The supreme court may for cause revoke the commission of any senior justice of the peace or senior municipal judge, either following notice and opportunity for hearing before the court, or after proceedings before the commission on judicial discipline.

      [Added; effective January 26, 1997; amended; effective January 18, 2005.]

      Rule 13.  Appointments to the Nevada Commission on Judicial Discipline.

      1.  Definitions.  In this rule, unless the context requires otherwise:

      (a) “Alternate” means any judge designated by the supreme court to act in place of a specific judicial member of the commission.

      (b) “Commission” means the commission on judicial discipline.

      (c) “Member” shall include such alternates who have been seated in any specific meeting, case, or proceeding.

      2.  Appointment of judicial members.  Two judicial members shall be appointed by the court to serve four-year terms. The judicial members must be residents of different counties and may not be members of the commission on judicial selection.

      3.  Appointment of alternates.

      (a) General provisions.  A judicial member of the commission who cannot serve by reason of disqualification, resignation, inability to attend, or any other reason shall be replaced by his or her alternate. The court shall designate a permanent alternate for each judicial member of the commission. The alternate is appointed for the same term as the judicial member and shall be a resident of a different county than the other judicial member and alternate.

      (b) Proceedings against justices of the peace or municipal judges.  Consistent with NRS 1.440(2), the court shall designate two justices of the peace or municipal judges to sit on the commission for proceedings against a justice of the peace or municipal judge. Justices of the peace or municipal judges appointed under this rule shall be designated to sit for such proceedings in place of and to serve for the same terms as the regular members of the commission appointed by the court.

      (c) Additional substitutions.  In the event that a judicial member and his or her alternate cannot serve in a specific meeting, case or proceeding by reason of disqualification, resignation, inability to attend, or any other reason, the court shall designate a judge or justice to act and vote in the place of the absent member.

      4.  Vacancies.  If a vacancy occurs, the court shall fill the vacancy for the remainder of the judicial member or alternate’s unexpired term.

      [Added; effective February 21, 2003.]

      Rule 14.  Bench-Bar Committee.

      1.  Creation, purpose.  The supreme court shall appoint a bench-bar committee to provide a forum for ongoing study of the court’s rules and internal operating procedures, including:

      (a) Proposing rule changes and commenting on changes received or proposed by the court,

      (b) Providing comment on court processes and internal operating procedures, and

      (c) Assisting the court with outreach programs to educate the bar and public on the court and its work, practices, and procedures.

      2.  Composition.  The bench-bar committee shall be composed of the chief justice and associate justices of the supreme court, twenty practitioners, and one ex-officio member each from the law faculty of the National Judicial College and the William S. Boyd School of Law of the University of Nevada, Las Vegas. The supreme court shall appoint the attorney and law faculty members. The attorney members shall be selected in a manner that seeks both representation of the various geographic areas in the state and a cross-section of practice areas. The chief justice or the chief justice’s designate shall chair the committee.

      3.  Terms.  The attorney and law faculty members are appointed for a fixed term of three years. Their terms shall be staggered.

      4.  Meetings.  The bench-bar committee shall meet at least quarterly and shall have additional meetings as the committee deems appropriate. The committee may form separate subcommittees to address issues relevant to particular practice areas such as Civil, Criminal, and Family Law.

      5.  Support.  The office of the clerk of the supreme court shall provide support services to the bench-bar committee, including recording the committee’s minutes and assisting with the preparation of any reports.

      [Added; effective June 10, 2005.]

      Rule 15.  Commission on Access to Justice.

      1.  Creation, purpose.  The supreme court shall appoint a commission on access to justice. The commission shall:

      (a) Assess current and future needs for civil legal services for persons of limited means in Nevada.

      (b) Develop statewide policies designed to support and improve the delivery of legal services.

      (c) Improve self-help services and opportunities for proper person litigants and increase pro bono activities.

      (d) Develop programs to increase public awareness of the impact that limited access to justice has on other government services and on society.

      (e) Investigate the availability of and pursue increased public and private financing to support legal services organizations and other efforts to provide legal services to persons of limited means.

      (f) Recommend legislation or rules affecting access to justice to the supreme court.

      2.  Composition.  The access to justice commission shall be staffed by an executive director and composed of the chief justice of the supreme court or the chief justice’s designate and the following members, to be appointed by the supreme court to four-year terms:

      (a) One district judge each from the Second and the Eighth Judicial District Courts. At least one of those judges must be assigned to the family division of the district court.

      (b) One additional district judge to be selected from the First, Third, Fourth, Fifth, Sixth, Seventh, or Ninth Judicial District Courts.

      (c) One limited jurisdiction judge, who shall serve as liaison to the Nevada Judges Association.

      (d) One public attorney representative designated by the Nevada Attorney General.

      (e) One representative each from the Southern Nevada Senior Law Program, Legal Aid Center of Southern Nevada/Pro Bono Project, the designated tax exempt bar foundation pursuant to SCR 216, Nevada Legal Services, Volunteer Attorneys for Rural Nevadans/Domestic Violence Project, the Washoe County Senior Law Project, and Washoe Legal Services/Pro Bono Project.

      (f) One representative each from the Clark County Bar Association, the State Bar of Nevada, Board of Governors, the State Bar of Nevada Young Lawyers Section, and the Washoe County Bar Association.

      (g) One student representative of the Public Interest Law Association and one faculty representative from the William S. Boyd School of Law of the University of Nevada, Las Vegas, designated by the dean. Individual appointments under this subsection may be rotated in less than four-year terms.

      (h) Two persons who are not members of the legal profession.

      (i) Three at-large representatives. Appointments under this subsection may be rotated in less than four-year terms as the Commission deems necessary and proper to facilitate diversity and fulfill the Commission’s purpose.

The commission may appoint nonvoting members, including, but not limited to, judges and representatives from other direct service providers, county bar associations, and neighborhood pro bono projects.

      3.  Meetings.  The commission shall meet at least semi-annually and shall have additional meetings, as the commission deems appropriate. The commission may form separate subcommittees to address specific issues.

      [Added; effective June 15, 2006; amended effective July 8, 2013.]

      Rule 16.  Chief judge of certain judicial districts.

      1.  Selection of chief judge.  In the judicial districts required to elect a chief judge pursuant to NRS 3.025, the chief judge shall be selected in accordance with the local rules of practice approved by the supreme court for that district. The chief judge may not assume office unless his or her election is ratified by the supreme court.

      2.  Removal of chief judge.  In the judicial districts required to elect a chief judge pursuant to NRS 3.025, the chief judge may be removed in accordance with the local rules of practice approved by the supreme court for that district. Additionally, on motion by the chief justice or an associate justice, the supreme court may remove the chief judge for good cause shown. The supreme court shall appoint a district judge to fill the vacancy in the office of chief judge who shall serve until a successor chief judge is duly elected and ratified in accordance with subsection 1 of this rule.

      3.  Administrative decisions of chief judge.  The chief judge, as authorized by statute or court rule, has the authority to make administrative decisions pertaining to the business of the judge’s respective judicial district. Pursuant to Nev. Const. art. 6, § 19, as the administrative head of the Nevada court system, the chief justice may overrule any such administrative decision if the chief justice determines the decision does not comport with the proper administration of the court system.

      4.  Semiannual meetings.  The chief justice shall convene semiannual meetings with the chief judges of those judicial districts required to elect a chief judge pursuant to NRS 3.025, and may hold such meetings with the chief judges of the other judicial districts. At least one meeting each year shall include the presiding judges of the various divisions of the judicial district and the court administrators for those districts.

      [Added; effective October 2, 2006.]

      Rule 17.  List of cases under submission in the district courts.

      1.  General requirements and applicability.  The clerk of each district court shall compile and post a list each month of all undecided motions and other matters that have been submitted for decision for a period of 60 days or more. This rule applies to all district court cases.

      2.  Contents of submission list.  The submission list shall include the date of submission and shall be compiled by department.

      3.  Time for compiling and posting submission list.  The clerk shall compile and post the submission list between the 5th and 10th day of each month.

      4.  Review by counsel.  Counsel who have matters that have been submitted for decision for a period of 60 days or more without a decision shall examine the list and, before the 15th of each month, shall notify the clerk and the court by letter of any matters omitted from the list.

      [Added; effective May 29, 2007.]

PART III.  GOVERNMENT OF THE LEGAL PROFESSION

A.  GENERAL PROVISIONS

      Rule 39.  Inherent powers of courts.  Attorneys being court officers and essential aids in the administration of justice, the government of the legal profession is a judicial function. Authority to admit to practice and to discipline is inherent and exclusive in the courts. The supreme court rules set forth in this Part III are the exclusive rules for the governing of the legal profession in Nevada.

      Rule 40.  Persons admitted to practice known as attorneys and counselors at law.  All persons admitted to practice in any of the courts in this state shall be known as attorneys and counselors at law.

 

      Rule 41.  Roll of attorneys kept by clerk; court record.  Each clerk shall keep a roll of attorneys and counselors of the court of which he is clerk, which shall be a record of the court.

 

      Rule 42.  Practice of attorneys not admitted in Nevada.

      1.  Application of rule.

      (a) This rule applies to:

             (1) All actions or proceedings pending before a court in this state;

             (2) All actions or proceedings pending before an administrative agency or governmental body in this state, unless that agency or governmental body provides otherwise;

             (3) All arbitration, mediation, or alternative dispute resolution procedures in this state that are court annexed or court ordered, or that are mandated by statute or administrative rule; and

             (4) All services incident to any of these proceedings including, but not limited to, discovery and settlement negotiations.

      (b) This rule does not apply to arbitration, mediation, or alternative dispute resolution procedures in which the parties engage voluntarily or by private agreement.

      2.  Who may apply.  A lawyer who has been retained to represent a client in this state in an action or proceeding set forth in subsection 1(a) of this rule may file a written application to appear as counsel in that action or proceeding if the following conditions are met:

      (a) The lawyer is not a member of the State Bar of Nevada;

      (b) The lawyer is not a resident of the State of Nevada;

      (c) The lawyer is not regularly employed in the State of Nevada;

      (d) The lawyer is not engaged in substantial business, professional, or other activities in the State of Nevada;

      (e) The lawyer is a member in good standing and eligible to practice before the bar of any jurisdiction of the United States; and

      (f) The lawyer associates an active member in good standing of the State Bar of Nevada as counsel of record in the action or proceeding.

      3.  Procedure for applying.  A lawyer who meets the requirements of subsection 2 of this rule may appear in an action or proceeding subject to this rule only upon the approval of the court, arbitrator, mediator, or administrative or governmental hearing officer where the action or proceeding is pending. The following procedure must be used:

      (a) Verified application.  The lawyer must file with the State Bar of Nevada at its Las Vegas, Nevada, office:

             (1) An original and 1 copy of a verified application as provided in subsection 4 of this rule;

             (2) A certificate from the state bar or from the clerk of the supreme court or highest admitting court of each state, territory, or insular possession of the United States in which the applicant has been admitted to practice law certifying the applicant’s membership therein; and

             (3) A non-refundable application fee of $550.00, or an application for waiver of fees as provided in subsection 3(e) of this rule.

      (b) State bar statement.  Upon receipt of the verified application, certificate(s) of good standing, and fee or application for waiver of fees as described in subsection 3(a) of this rule, the State Bar of Nevada shall:

             (1) Serve upon the Nevada counsel associated with the applicant, a statement which states:

                   (i) Whether the applicant has previously made any application or motion under this rule within the preceding 3 years;

                   (ii) The date of any such application or motion; and

                   (iii) Whether the application was granted or denied.

             (2) Include as exhibits attached to the statement:

                   (i) The original verified application;

                   (ii) The original certificate(s) of good standing;

                   (iii) A form motion to associate counsel; and

                   (iv) A form order granting or denying such motion.

             (3) Retain copies of verified applications and certificate(s) of good standing for 3 years.

      (c) Motion to associate.

             (1) The Nevada lawyer associated with the applicant shall file the motion to associate with the court, arbitrator, mediator, or administrative or governmental hearing officer where the proceeding is pending. The motion shall include proof of service of a copy of the motion on all parties in accordance with the Nevada Rules of Civil Procedure.

             (2) The motion to associate shall include the following exhibits:

                   (i) The original verified application;

                   (ii) The original certificate(s) of good standing; and

                    (iii) The state bar statement.

             (3) The motion to associate shall be accompanied by a proposed order granting or denying the motion to associate.

             (4) Nevada counsel of record associated with the applicant shall serve a copy of any order granting or denying a motion to associate on the State Bar of Nevada at its Las Vegas, Nevada, office.

      (d) Appearance and consent of Nevada counsel.  Before a motion to associate counsel is granted, the active member of the State Bar of Nevada who will be associated with the applicant must appear as attorney of record in the particular cause and consent in writing to the association.

      (e) Limited exception to original and annual fee.  Upon a showing that the applicant is providing pro bono services in a death penalty habeas corpus case or in other similar circumstances providing for pro bono representation, the court, arbitrator, mediator, or administrative or governmental agency may waive the original fee required by subsection 3(a) of this rule and the annual renewal fee required by subsection 9 of this rule. An applicant may obtain an application for waiver of these fees from the State Bar of Nevada and shall file the completed waiver application with the original verified application seeking admission under this rule.

      4.  Verified application.  The verified application required by this rule shall be on a form approved by the State Bar of Nevada. The approved application forms shall be available at the county clerk’s office of the court, arbitrator, mediator, or administrative or governmental agency where the action is pending. The application shall state:

      (a) The applicant’s residence and office address;

      (b) The court or courts to which the applicant has been admitted to practice and the date of such admission;

      (c) That the applicant is a member in good standing of such court or courts;

      (d) That the applicant is not currently suspended or disbarred in any court;

      (e) Whether the applicant is currently subject to any disciplinary proceedings by any organization with authority to discipline attorneys at law;

      (f) Whether the applicant has ever received public discipline including, but not limited to, suspension or disbarment, by any organization with authority to discipline attorneys at law;

      (g) The title of the court and cause, including arbitrations, mediations, or matters before an administrative agency or governmental body, in which the applicant or any member of the firm of attorneys with which the applicant is associated has filed an application to appear as counsel under this rule in the preceding 3 years, the date of each application, and whether it was granted;

      (h) The name, address, and telephone number of the active member of the State Bar of Nevada who is the attorney of record;

      (i) The name of each party and the name and address of counsel of record who appeared for that party;

      (j) That the applicant certifies that he or she shall be subject to the jurisdiction of the courts and disciplinary boards of this state with respect to the law of this state governing the conduct of attorneys to the same extent as a member of the State Bar of Nevada;

      (k) That the applicant understands and shall comply with the standards of professional conduct required of members of the State Bar of Nevada; and

      (l) That the applicant has disclosed in writing to the client that the applicant is not admitted to practice in this jurisdiction and that the client has consented to such representation.

      5.  Appearances by out-of-state counsel.  An applicant shall not appear in a proceeding subject to this rule until the court, arbitrator, mediator, or administrative or governmental agency where the action is pending enters an order granting the motion to associate.

      6.  Discretion.  The granting or denial of a motion to associate counsel under this rule is discretionary. The court, arbitrator, mediator, or administrative or governmental hearing officer may revoke the authority of the person permitted to appear as counsel under this rule to make continued appearances under this rule. Absent special circumstances, repeated appearances by any person or firm of attorneys under this rule shall be cause for denial of the motion to associate such person.

      (a) Limitation.  It shall be presumed, absent special circumstances, and only upon a showing of good cause, that more than 5 appearances by any attorney granted under this rule in a 3-year period is excessive use of this rule.

      (b) Burden on applicant.  The applicant shall have the burden to establish special circumstances and good cause for an appearance in excess of the limitation set forth in subsection 6(a) of this rule. The applicant shall set forth the special circumstances and good cause in an affidavit attached to the original verified application.

      (c) Finding of special circumstance.  Before permitting an appearance in excess of the limitation set forth in paragraph 6(a) of this rule, the reviewing court shall specifically state facts established by the applicant which support a finding of special circumstances, and the reviewing court shall also state the exact nature of the special circumstances. The specific facts found and unique details of the special circumstances shall be included in the admitting order. An applicant’s appearance in excess of the limitation set forth in paragraph 6(a) of this rule shall be a rare exception granted only in truly extraordinary circumstances. The court shall send copies of all such orders to the State Bar of Nevada and the clerk of the Nevada Supreme Court.

      7.  Transfer.  Once a motion to associate under this rule has been granted, the attorney shall be deemed admitted in the event venue in the action is transferred to another district court or in the event such action is appealed; provided, however, that the court having jurisdiction over such transferred or appealed cause may revoke the attorney’s authority to appear.

      8.  Supreme court.  Appearance before the Supreme Court of Nevada in the first instance shall be by motion as provided in subsection 3 of this rule. If the motion is opposed, there may be a hearing; otherwise, the supreme court shall consider the matter without a hearing.

      9.  Renewal of application.  On or before the anniversary date of the filing of the verified application with the State Bar of Nevada:

      (a) The Nevada counsel of record must certify to the State Bar of Nevada that:

             (1) The out-of-state counsel continues to act as counsel in the cause; or

             (2) The cause has been finally adjudicated.

      (b) In the event that out-of-state counsel continues to act as counsel in the cause, out-of-state counsel shall remit to the State Bar of Nevada an annual fee of $500.00 within 30 days of the anniversary date.

      10.  Failure to renew.

      (a) Any out-of-state counsel who continues to act as counsel in a proceeding subject to this rule and fails to pay the renewal fees set forth in subsection 9 of this rule shall be suspended from appearing in any proceeding subject to this rule upon expiration of a period of 30 days after the anniversary date.

      (b) The executive director of the State Bar of Nevada shall notify the out-of-state counsel and the Nevada counsel of record of the suspension and shall file a certified copy of the notice with the court, arbitrator, mediator, or administrative agency or governmental body where the proceeding is filed, and with the clerk of the Supreme Court of Nevada.

      11.  Reinstatement.

      (a) The out-of-state counsel may be reinstated upon the payment of the fees set forth in subsection 9 of this rule and a late penalty of $50.00.

      (b) Upon payment of all accrued fees and the late penalty, the executive director may reinstate the out-of-state counsel, and shall thereupon certify such reinstatement to the court, arbitrator, mediator, or administrative agency or governmental body where the proceeding is filed, with the county clerk of each county, and with the clerk of the Supreme Court of Nevada.

      12.  Reporting by the state bar.

      (a) The State Bar of Nevada shall prepare an annual report listing:

             (1) All applications filed under this rule during the preceding 12 months;

             (2) The names of all applicants; and

             (3) Whether the motions to associate were granted or denied.

      (b) The annual report shall be kept on file at the State Bar of Nevada and be available for review by each county clerk, court clerk, district judge, the clerk of the Supreme Court of Nevada, and by such other persons as directed by the board of governors.

      13.  Discipline of out-of-state counsel.

      (a) Out-of-state counsel appearing under this rule shall be subject to the jurisdiction of the courts and disciplinary boards of this state with respect to the law of this state governing the conduct of attorneys to the same extent as a member of the State Bar of Nevada. Counsel shall become familiar and comply with the standards of professional conduct required of members of the State Bar of Nevada and shall be subject to the disciplinary jurisdiction of the State Bar of Nevada.

      (b) The rules of the Supreme Court of Nevada shall govern in any investigation or proceeding conducted by the State Bar of Nevada under this rule.

      14.  Responsibilities of Nevada attorney of record.

      (a) The Nevada attorney of record shall be responsible for and actively participate in the representation of a client in any proceeding that is subject to this rule.

      (b) The Nevada attorney of record shall be present at all motions, pre-trials, or any matters in open court unless otherwise ordered by the court.

      (c) The Nevada attorney of record shall be responsible to the court, arbitrator, mediator, or administrative agency or governmental body for the administration of any proceeding that is subject to this rule and for compliance with all state and local rules of practice. It is the responsibility of Nevada counsel to ensure that the proceeding is tried and managed in accordance with all applicable Nevada procedural and ethical rules.

      15.  Rule provides exclusive procedure.  Except as provided in this rule, an attorney admitted to practice in another jurisdiction shall not be admitted to practice law in the State of Nevada by motion or on the basis of reciprocity. Attorney applicants must make application for admission and be examined in accordance with Rules 49 to 75, inclusive, in the same manner as all other applicants.

      [As amended; effective May 6, 2011.]

      Rule 42.1.  Practice of attorneys admitted in Nevada but not maintaining Nevada offices.

      1.  Application of rule.  This rule applies to an attorney who is admitted to practice in Nevada but who does not maintain an office in Nevada. A post office box or mail drop location shall not constitute an office under this rule.

      2.  Association or designation for service.  Upon filing any pleadings or other papers in the courts of this state, an attorney who is subject to this rule shall either associate a licensed Nevada attorney maintaining an office in Nevada or designate a licensed Nevada attorney maintaining an office in the county wherein the pleading or paper is filed, upon whom all papers, process, or pleadings required to be served upon the attorney may be so served, including service by hand-delivery or facsimile transmission. The name and office address of the associated or designated attorney shall be endorsed upon the pleadings or papers filed in the courts of this state, and service upon the associated or designated attorney shall be deemed to be service upon the attorney filing the pleading or other paper.

      3.  The requirements of this rule are in addition to any rules of practice of the courts of this state.

      [Added; effective September 24, 2002.]

      Rule 42.5.  Group legal services activities.  A lawyer shall not knowingly assist a person or organization that recommends, furnishes, or pays for legal services to promote the use of his services or those of his partners or associates. However, he may cooperate in a dignified manner with the legal service activities of any of the following, provided that his independent professional judgment is exercised in behalf of his client without interference or control by any organization or other person.

      1.  A legal aid office or public defender office:

      (a) Operated or sponsored by a duly accredited law school.

      (b) Operated or sponsored by a bona fide nonprofit community organization.

      (c) Operated or sponsored by a governmental agency.

      (d) Operated, sponsored, or approved by a bar association representative of the general bar of the geographical area in which the association exists.

      2.  A military legal assistance office.

      3.  A lawyer referral service operated, sponsored, or approved by a bar association representative of the general bar of the geographical area in which the association exists.

      4.  A bar association representative of the general bar of the geographical area in which the association exists.

      5.  Any other organization that recommends, furnishes, or pays for legal services to its members or beneficiaries, but only when and if the following conditions are met:

      (a) The lawyer shall not have solicited the use of his services by the organization or its members in violation of any disciplinary rule in the Code of Professional Responsibility.

      (b) The organization shall not derive a profit or commercial benefit from the rendition of legal services by the lawyer.

      (c) A written agreement between the lawyer and the organization is in force containing provisions insuring that:

             (1) Any member of the organization may obtain legal services independently of the arrangement from any attorney of his choice;

             (2) No unlicensed person will provide legal services under the arrangement;

             (3) Neither the organization nor any member thereof shall interfere or attempt to interfere with the lawyer’s independent exercise of his professional judgment;

             (4) The member to whom the legal services are rendered, not the organization, is the client of the lawyer;

             (5) All parties agree that in providing legal services, the lawyer must comply with all the disciplinary rules contained in the code and all other rules of the court;

             (6) The nature and extent of the legal services to be rendered to the members of the group are fully disclosed;

             (7) Any publicity given by the organization to its members will not describe the lawyer beyond giving his name, address, and telephone number and such other information as may be required to facilitate the access of a member to the services of the lawyer; and any publicity disseminated by the organization to non-members will not identify the lawyer; and

             (8) The agreement will be terminated in the event of any substantial violation of the foregoing provisions.

      (d) Such written agreement has been filed with the Supreme Court of the State of Nevada and with the state bar.

      (e) The lawyer shall advise the supreme court of the State of Nevada and the state bar, on forms provided by the state bar, of the following matters: the name of the group, its address, whether it is incorporated, its primary purposes and activities, the number of its members and a general description of the types of legal services offered pursuant to the written agreement. Annually on January 31, he shall report to the supreme court and the state bar, on forms provided by the state bar, any changes in such matters and the number of members of the group to whom legal services are rendered during the calendar year. Each report filed pursuant hereto and the information contained therein, except the name and address of the group, the fact that it has a written agreement for the provision of legal services, and the names of the members of the state bar providing such services, shall be confidential.

      (f) In the case of such an organization created or operated solely or primarily for the purpose of providing legal services, the lawyer shall not render any legal services until there has been obtained from the supreme court of the State of Nevada a certificate stating that the operation of the legal services program complies with all applicable laws and court rules and with these disciplinary rules. The certificate shall provide that it will be revoked and the lawyer will terminate his services in the event of any substantial breach of this rule or of the agreement provided for herein. The supreme court may refer any application for such certificate to the State Bar of Nevada for review and comment.

      [Added; effective December 6, 1977.]

      Rule 43.  Appearance of attorneys employed by or representing United States Government; affidavits.

      1.  Attorneys employed by or representing the United States Government, in matters before the courts of this state in which the United States has a direct interest, shall be permitted by the courts of this state to appear on behalf of the United States Government and to represent the interests thereof in any litigation in which the United States Government is interested.

      2.  At the time of appearing in any such suit on behalf of the United States Government, such attorney shall file with the clerk of the court, if there is one, and if there is not one, then with the judge or justice of such court, an affidavit to the effect that the United States Government is interested in the matter before the court in which such appearance is being entered, that such person represents the United States Government and that his appearance is made in performance of his duties as such representative of the United States Government and is made in pursuance of this rule.

 

      Rule 44.  Person may appear in his own behalf.

      1.  Nothing in these rules shall be so construed as to prevent any person from appearing in his own behalf in any court in this state except the supreme court.

      2.  Court employees, county clerks and their deputies, law librarians and their assistants, employed by a governmental entity and working within a governmental environment who are not supervised by a licensed Nevada attorney are authorized to do the following:

      (a) Encourage persons to obtain legal advice from a licensed Nevada attorney outside of the qualifying public entity;

      (b) Provide information about available pro bono, free or low-cost civil legal services, legal aid programs and lawyer referral services;

      (c) Provide information about available forms, pleadings and instructions without providing advice or recommendations as to any specific course of action;

      (d) Engage in oral communications to assist persons in the completion of blanks on forms;

      (e) Provide orally or in writing definitions of legal terminology from widely accepted legal dictionaries or other dictionaries without advising whether a particular definition is applicable to the requesting person’s situation;

      (f) Provide orally or in writing citations, constitutions, statutes, administrative or court rules and case law without providing legal research as defined in subsection 3 of this rule or advising whether a particular provision is applicable to the requesting person’s situation;

      (g) Provide information on docketed cases;

      (h) Provide general information about court process, procedure and practice;

      (i) Provide information about mediation, parenting courses and courses for children of divorcing parents;

      (j) Provide orally or in writing information on local court rules and administrative orders; and

      (k) Provide general information about community resources.

      3.  No person or entity described in subsection 2 of this rule and not licensed to practice law in Nevada or supervised by a Nevada licensed attorney may do any of the following:

      (a) Provide orally or in writing any interpretation by application of the following to specific facts: legal terminology, constitutional provisions, statutory provisions, administrative or court rules, and case law;

      (b) Provide orally or in writing information that must be kept confidential by statute, administrative or court rule, or case law;

      (c) Create content on documents not provided by self-represented litigants;

      (d) Perform direct legal research for any litigant by applying the law to specific facts, expressing an opinion regarding the applicability of any constitutional provisions, statutes, administrative or court rules, or case law to the requesting person’s particular circumstances; and

      (e) Lead persons to believe that they are the legal representatives of anyone in any capacity or induce the public to rely on them for legal advice.

      [As amended; effective May 30, 2004.]

      Rule 45.  Authority of attorney.  An attorney and counselor shall have authority:

      1.  To bind his client in procedural matters in any of the steps of an action or proceeding.

      2.  To receive money claimed by his client in an action or proceeding during the pendency thereof, or within 1 year after judgment and upon the payment thereof, and not otherwise, to discharge the claim or acknowledge satisfaction in the judgment.

      Rule 46.  Withdrawal or change of attorney.  The attorney in an action or special proceeding may be changed at any time before judgment or final determination as follows:

      1.  Upon consent of the attorney, approved by the client.

      2.  Upon the order of the court or judge thereof on the application of the attorney or the client.

      After judgment or final determination, an attorney may withdraw as attorney of record at any time upon the attorney’s filing a withdrawal, with or without the client’s consent.

      Rule 47.  Death or removal of attorney; appointment of another attorney or appearance in person.  When an attorney dies, or is removed or suspended, or ceases to act as such, a party to an action for whom he was acting as attorney shall, before any further proceedings are had against him, be required by the adverse party, by written notice, to appoint another attorney or to appear in person.

 

      Rule 48.  Notice of change of attorney.  When an attorney is changed, as provided in Rule 47, written notice of the change and of the substitution of a new attorney, or of the appearance of the party in person, shall be given to the adverse party; until then he shall be bound to recognize the former attorney.

      Rule 48.1.  Procedure for change of judge by peremptory challenge.

      1.  In any civil action pending in a district court, which has not been appealed from a lower court, each side is entitled, as a matter of right, to one change of judge by peremptory challenge. Each action or proceeding, whether single or consolidated, shall be treated as having only two sides. A party wishing to exercise the right to change of judge shall file a pleading entitled “Peremptory Challenge of Judge.” The notice may be signed by a party or by an attorney, it shall state the name of the judge to be changed, and it shall neither specify grounds, nor be accompanied by an affidavit. If one of two or more parties on one side of an action files a peremptory challenge, no other party on that side may file a separate challenge.

      2.  A notice of peremptory challenge of judge shall be filed in writing with the clerk of the court in which the case is pending and a copy served on the opposing party. The filing shall be accompanied by a fee of $450, which the clerk shall transmit to the clerk of the supreme court. The fee shall be collected by the clerk of the supreme court and deposited in the state treasury for the support of the travel and reasonable and necessary expenses of district judges, senior justices and judges, and former justices and judges incurred in the performance of judicial duties, and, thereafter for other expenditures deemed reasonable and necessary by the supreme court. Within 2 days of the notice of peremptory challenge having been filed, the clerk of the district court shall:

      (a) In a judicial district in which there are more than two departments, randomly reassign the case to another judge within the district;

      (b) In a judicial district in which there are two or less departments, assign the case to the remaining judge. Alternatively, the presiding judge in the district may request the chief justice to assign the case to a judge of another district.

      3.  Except as provided in subsection 4, the peremptory challenge shall be filed:

      (a) Within 10 days after notification to the parties of a trial or hearing date; or

      (b) Not less than 3 days before the date set for the hearing of any contested pretrial matter, whichever occurs first.

      4.  If a case is not assigned to a judge before the time required for filing the peremptory challenge, the challenge shall be filed:

      (a) Within 3 days after the party or his attorney is notified that the case has been assigned to a judge; or

      (b) Before the jury is sworn, evidence taken, or any ruling made in the trial or hearing, whichever occurs first.

      5.  A notice of peremptory challenge may not be filed against any judge who has made any ruling on a contested matter or commenced hearing any contested matter in the action. Except as otherwise provided in subsection 8, a peremptory challenge may not be filed against any judge who is assigned to or accepts a case from the overflow calendar or against a senior or pro tempore judge assigned by the supreme court to hear any civil matter.

      6.  The judge against whom a peremptory challenge is filed shall not contact any party or the attorney representing any party, nor shall the judge direct any communication to the clerk of the district court with respect to reassignment of the case in which the peremptory challenge was filed.

      7.  The filing of an affidavit of bias or prejudice without specifying the facts upon which the disqualification is sought, which results in a transfer of the action to another district judge is a waiver of the parties’ rights under this rule. A peremptory challenge under this rule is a waiver of the parties’ rights to transfer the matter to another judge by filing an affidavit of bias or prejudice without specifying the facts upon which the disqualification is sought.

      8.  When a senior judge is appointed to hear a trial or dispositive motion more than 30 days prior to the trial or hearing, a party may follow the procedures in this rule to exercise a peremptory challenge to change the senior judge assigned to the trial or hearing. If a senior judge is assigned to such matter less than 30 days before the matter is to be decided, the parties may not exercise a peremptory challenge. A party may exercise one peremptory challenge against a senior judge in addition to the one peremptory challenge against a judge allowed by subsection 1 of this Rule.

      9.  Notwithstanding the prior exercise of a peremptory challenge, in the event that the action is reassigned for any reason other than the exercise of a peremptory challenge, each side shall be entitled, as a matter of right, to an additional peremptory challenge.

      [Added; effective July 20, 1979; amended effective January 12, 2011.]

B.  ADMISSION TO PRACTICE LAW; BOARD OF BAR EXAMINERS

      Rule 49.  Board of governors of state bar to govern admission to practice law; fees; board of bar examiners.

      1.  Board of bar examiners.  With the approval of the supreme court, the board of bar examiners, in consultation with the board of governors of the state bar, shall have the power to fix and determine the qualifications for admission to practice law in this state, and shall have the power to fix and collect fees from all applicants for admission to practice law in this state, which fees shall be paid into the treasury of the state bar.

      2.  Composition of board of bar examiners; hiring of graders.  The board of bar examiners shall be responsible to the supreme court and shall govern the administration of the bar examination. The board is comprised of fourteen members and the immediate past chair as an ex officio member. A majority of the board of bar examiners shall be appointed by the supreme court, and a minority shall be appointed by the board of governors. The supreme court shall appoint one of the members to chair the board.

      The board of bar examiners may hire as many qualified graders as the chair deems necessary to assist the board in the writing and grading of the essay examination. Any grader employed by the board of bar examiners shall be an active member of the state bar and shall be appointed for a period of time not to exceed the term of the board member to whom the grader is assigned. Graders shall be paid in accordance with a schedule proposed by the chair of the board of bar examiners and approved by the board of governors.

      3.  Committee on moral character and fitness; duties and composition.  The committee on moral character and fitness is a subcommittee of the board of bar examiners, and has all those powers and duties delegated under the supreme court rules to the board of bar examiners relating to the conduct of investigations and hearings, and the submission of reports and recommendations to the supreme court respecting the ethical, moral and psychological fitness of applicants for admission to practice law in this state. The committee on moral character and fitness shall be composed of nine members who are active members of the state bar, and up to four lay members who are professionals with expertise in fields that are germane to the determination of character and fitness issues confronted by the committee. Five of the attorney members shall be appointed by the supreme court, and four of the attorney members shall be appointed by the board of governors. The board of governors shall also appoint the lay members of the committee. The supreme court shall appoint one of the attorney members to chair the committee.

      For each formal hearing the committee may be divided by its chair into as many hearing panels as the chair believes is necessary to conduct hearings in that district. A hearing panel shall be composed of a minimum of four members, one of whom, at the chair’s discretion, may be a non-lawyer. The chair shall assign applicants for hearings to the panels and may sit as chair or designate an attorney to sit as acting chair in his or her place.

      For those applicants whose applications reflect conduct or information warranting further inquiry, but not necessarily warranting a formal hearing, the chair and the director of admissions may conduct an informal interview in an attempt to counsel an applicant or to resolve a matter informally. If the matter is not resolved to the satisfaction of the chair, a formal hearing may be held.

      4.  Committee on functional equivalency; duties and composition.  The committee on functional equivalency is a subcommittee of the board of bar examiners, and shall have all those powers and duties delegated under the supreme court rules to the board of bar examiners relating to the conduct of investigations and hearings and the submission of reports and recommendations to the board of bar examiners and the supreme court respecting those petitioners seeking certification pursuant to Rule 51.5. The committee on functional equivalency shall be composed of seven members who are active members of the state bar. Four of the members shall be appointed by the supreme court, and three members shall be appointed by the board of governors. The supreme court shall appoint one of the members to chair the committee.

      5.  Board of bar examiners and subcommittees; terms of members.  The terms of the members of the board of bar examiners and its subcommittees shall be staggered. Each member shall be appointed for a term of three years; however, no member of the board of governors shall serve simultaneously on the board of bar examiners or on one of its subcommittees. The immediate past chair of the board of bar examiners serves as an ex officio member of the board for one year following expiration of his or her tenure as chair. There is no limit on the number of terms an attorney may serve on the board of bar examiners or one of its subcommittees.

      6.  Authority of board of bar examiners.  The board of bar examiners has the power:

      (a) To interview and examine applicants, determine their qualifications for admission to practice, recommend to the supreme court for admission applicants who fulfill requirements, and recommend to the supreme court the rejection of those who fail to meet requirements.

      (b) To recommend directly to the supreme court changes in qualifications for admission. The board of bar examiners, however, shall consult with the board of governors before any recommendation is presented to the court.

      7.  Director of admissions.  The board of governors shall appoint a director of admissions, and as many assistants as are necessary to administer the admissions process and bar examination. The appointment of the admissions director shall be made only after consultation with the board of bar examiners. The admissions director shall have the responsibility to administer the bar examination, to carry out all the specific duties of the admissions director as hereinafter provided in these rules and shall serve as secretary to the board of bar examiners.

      8.  Administrative policies, procedures and guidelines for admission to practice law.  The board of bar examiners, the clerk of the supreme court and the admissions director shall, as approved by the supreme court, jointly define, adopt and publish specific administrative policies, procedures and guidelines consistent with these rules:

      (a) To ensure timely and efficient admissions to the bar, accurate, fair and confidential administration of the bar examination and the reporting of the bar examination results to the supreme court.

      (b) To inform applicants in a timely and accurate manner of all requirements pertaining to applications for and admission to practice and all pertinent procedures relating to the administration, processing and grading of the bar examination.

      (c) The provisions of these Rules shall prevail over any conflicting provisions in the administrative policies, procedures and guidelines.

      [As amended; effective May 28, 2004.]

      Rule 49.1.  Limited practice for clinical law faculty members.

      1.  Requirements.  Notwithstanding the provisions of Rule 49, an attorney who has been admitted to practice law in any other jurisdiction, and who is employed by the William S. Boyd School of Law and teaches in the clinical law program, may be certified to practice before all courts of this state subject to the conditions of this rule and to such further conditions as the court may hereafter direct.

      2.  Application.  Application for certification to practice law in this state under the provisions of this rule shall be filed with the admissions director of the state bar, and shall be accompanied by:

      (a) Satisfactory evidence that he or she has graduated from a law school approved by the American Bar Association.

      (b) A certificate of good standing indicating that the attorney has been admitted to practice law in another jurisdiction, and is a member in good standing in such jurisdiction.

      (c) Has taken and passed either the Multistate Professional Responsibility Examination with a scale score of at least 85 or an equivalent course in ethics taken during his or her law school attendance.

      (d) A certificate executed by the dean of the William S. Boyd School of Law indicating that the attorney will be acting in connection with the supervision of a clinical law program.

      (e) Certification that the dean believes that the attorney possesses the requisite character and fitness to practice law in this state.

      (f) A non-refundable application fee of $150.

      3.  Termination; renewal of certification.  Certification to practice under this rule shall terminate whenever the attorney ceases to be employed by the William S. Boyd School of Law. When an attorney certified under this rule ceases to be so employed, a statement to that effect shall be filed immediately with the admissions director of the state bar by the dean of the William S. Boyd School of Law. An attorney certified by the state bar to practice under this rule who otherwise remains eligible to practice must annually renew the certification in accordance with Rule 49.12.

      4.  Limited practice.  An attorney certified to practice under this rule shall perform no legal services within the State of Nevada except under the auspices of the clinical law program of the William S. Boyd School of Law and for such purposes only, and the attorney shall not accept any compensation for such services except such salary as may be paid to him or her by the William S. Boyd School of Law. All pleadings signed by an attorney certified to practice under this rule shall bear the name and address of the clinical law program of the William S. Boyd School of Law.

      5.  Discipline; continuing legal education.  Attorneys certified to practice under this rule may be disciplined or suspended from practice in the manner now or hereafter provided by rule for the discipline or suspension of attorneys generally. Pending final disposition of any such matter the court or the state bar may suspend any right to practice that is granted hereunder, without notice or hearing. During the time an attorney is certified under this rule, the attorney shall comply with the same requirements for continuing legal education as may be prescribed for active members of the State Bar of Nevada.

      6.  Bar membership.  Persons certified to practice under this rule are not active members of the State Bar of Nevada.

      7.  Applicability.  This rule is applicable notwithstanding any rule of the court governing admission to the bar which:

      (a) Is in effect on the effective date of this rule; or

      (b) Becomes effective thereafter, except any such rule specifically referring to this rule.

      [Added; effective August 14, 2000; amended effective January 1, 2008.]

      Rule 49.2.  Limited practice for emeritus pro bono attorneys.

      1.  Emeritus Attorney Pro Bono Program.  The Emeritus Attorney Pro Bono Program (EAPB) is hereby created to assist low-income clients through approved legal services providers as defined below.

      2.  Approved EAPB providers.  An approved legal services EAPB provider for the purposes of this rule is a not-for-profit legal assistance provider which is approved by the Access to Justice Commission or its designee.

      (a) Minimum requirements for approval as an EAPB provider:

             (1) Provides legal services in civil matters, without charge only, to indigent persons; or

             (2) Provides legal training, legal technical assistance, or advocacy support, without charge only, to qualified legal services projects; and

             (3) Files a completed application with the State Bar of Nevada Access to Justice Coordinator, on a form to be provided by the State Bar, which includes:

                   (i) The contact information required by SCR 79; and

                   (ii) Whether the EAPB provider maintains professional liability insurance and, if so, the name and address of the carrier.

             (4) The commission or its designee may establish additional rules and procedures for approving EAPB providers under this rule as it deems necessary and proper.

      (b) Court awarded fees. An approved EAPB provider is entitled to receive all court awarded attorney fees arising from representation provided by emeritus attorneys under its services.

      3.  Requirements to apply for certification as an emeritus attorney.  Any inactive member of the State Bar of Nevada in good standing, or any active or inactive attorney in good standing in any other jurisdiction, who meets the requirements of this rule may apply for certification as an emeritus attorney.

      (a) Exceptions.  Attorneys with a record of public discipline for professional misconduct imposed within the immediately preceding ten years or who resigned from the practice of law with charges pending are not eligible for certification under this rule.

      4.  Application.  Application for certification to practice law in this state under the provisions of this rule shall be filed with the admissions director of the state bar on forms provided by the state bar and shall be accompanied by:

      (a) A completed EAPB application and EAPB provider declaration;

      (b) A certificate of good standing indicating that the attorney has been admitted to practice law in another jurisdiction and is a member in good standing in such jurisdiction;

      (c) A statement of discipline history from the jurisdiction(s) in which the attorney has been admitted to practice; and

      (d) Any other information deemed necessary and proper to the administration of this rule.

      5.  Termination.  Certification to practice under this rule shall terminate whenever the attorney ceases to provide services for an approved EAPB provider. When an attorney certified under this rule ceases to provide services for an approved EAPB provider, a statement to that effect shall be filed immediately with the admissions director of the state bar by the EAPB provider.

      6.  Renewal of certification.  On or before the anniversary date of the original filing for certification under this rule, an attorney shall reapply annually with the admissions director of the state bar.

      7.  Limited practice.  An emeritus attorney certified under this rule may practice law only through an approved EAPB provider under subsection 2 and must complete any training required by the EAPB provider.

      8.  Discipline; bar membership.  Attorneys certified under this rule do not qualify for active membership in the State Bar of Nevada, but may be disciplined or suspended from practice in the manner now or hereinafter provided by rule for discipline or suspension of attorneys generally. Pending final disposition of any such matter, the court or the state bar may suspend any right to practice that is granted hereunder, without notice or hearing.

      [Added; effective July 9, 2008.]

      Rule 49.4.  Limited practice for certain deputy district attorneys in rural counties.

      1.  Requirements.  Notwithstanding the provisions of Rule 49, an attorney who is admitted to practice law in any other jurisdiction, and who becomes employed as a deputy district attorney by a county whose population is less than 100,000 persons, may be certified to practice before all courts of this state subject to the conditions of this rule and to such further conditions as the court may hereafter direct.

      2.  Application.  Application for certification to practice law in this state under the provisions of this rule shall be filed with the admissions director of the state bar and shall be accompanied by:

      (a) A certificate of good standing indicating that the attorney has been admitted to practice law in another jurisdiction and is a member in good standing in such jurisdiction.

      (b) A statement signed by the district attorney of the county that such attorney is currently employed by such county.

      (c) A non-refundable application fee of $150.

      3.  Termination; renewal of certification.  Certification to practice under this rule shall terminate whenever such attorney ceases to be employed by such county. When an attorney certified under this rule ceases to be so employed, a statement to that effect shall be filed immediately with the admissions director of the state bar by the district attorney of such county with which said attorney was employed. In no event shall certification to practice under this rule remain in effect longer than 2 years. An attorney certified by the state bar to practice under this rule who otherwise remains eligible to practice must annually renew the certification in accordance with Rule 49.12.

      4.  Limited practice.  An attorney certified to practice under this rule shall perform no legal services within the State of Nevada except for the county which employs him. All pleadings signed by an attorney certified to practice under this rule shall bear the name and office address, and be signed on behalf of, the district attorney of such county, who shall be deemed the attorney of record in the cases wherein such pleadings are filed.

      5.  Discipline; bar membership; continuing legal education.  Attorneys certified to practice under this rule do not qualify for active membership in the State Bar of Nevada, but may be disciplined or suspended from practice in the manner now or hereafter provided by rule for discipline or suspension of attorneys generally. Pending final disposition of any such matter the court or the state bar may suspend any right to practice that is granted hereunder, without notice or hearing. During the time an attorney is certified under this rule, the attorney shall comply with the same requirements for continuing legal education as may be prescribed for active members of the State Bar of Nevada.

      6.  Applicability.  This rule is applicable notwithstanding any rule of the court governing admission to the bar which:

      (a) Is in effect on the effective date of this rule; or

      (b) Becomes effective thereafter, except any such rule specifically referring to this rule.

      [Added; effective May 27, 1991; amended effective January 1, 2008.]

      Rule 49.5.  Limited practice for law students.  Notwithstanding the provisions of Rule 49, law students who meet and comply with the criteria delineated in this rule may be certified by the state bar for training in the practice of law.

      1.  Eligibility.  To engage in the activities permitted by this rule, a law student must meet one of the following eligibility requirements:

      (a) Students working on pro bono cases or for governmental or not-for-profit entities must:

             (1) Be enrolled in or have graduated from a law school approved by the American Bar Association and be supervised by a member of the State Bar of Nevada who meets the requirements of subsection 3(b)(1).

             (2) Be certified by the dean of the student’s law school, on a form to be furnished or approved by the state bar, as being in good academic standing and having successfully completed the minimum credit hours set out in subsection 1(b)(3).

             (3) Have successfully completed legal studies amounting to:

                   (i) At least thirty (30) semester credit hours, or the equivalent, to participate in the activities described in subsection 4 (“level 1 certification”).

                   (ii) At least forty-five (45) semester credit hours, or the equivalent, to participate in the activities described in subsection 5 (“level 2 certification”).

             (4) Apply for certification pursuant to this rule on a form to be furnished by and filed with the state bar. The application shall include the student’s written certification that he or she has read and is familiar with the Model Rules of Professional Conduct of the American Bar Association and the Rules of Professional Conduct of this court and will abide by the same in the activities permitted by this rule. The filing of an application pursuant to this rule is deemed a consent by the student to be subject to all disciplinary processes of the state bar. Any offense which would subject a lawyer admitted to practice law in this state to suspension or disbarment may be punished by suspension or forfeiture of the student’s privilege of taking the bar examination and being licensed to practice law in this state; or

      (b) Participants in clinical or externship programs must:

             (1) Be enrolled, or completing assignments pursuant to enrollment, in a clinical or externship program of an ABA-approved school of law.

             (2) Be certified by the dean of the student’s law school, on a form to be furnished or approved by the state bar, as being in good academic standing and qualified in ability, training, and character to participate in the activities permitted by this rule.

             (3) Have successfully completed legal studies amounting to:

                   (i) At least thirty (30) semester credit hours, or the equivalent, to participate in the activities described in subsection 4 (“level 1 certification”).

                   (ii) At least forty-five (45) semester credit hours, or the equivalent, to participate in the activities described in subsection 5 (“level 2 certification”).

             (4) Apply for certification pursuant to this rule on a form to be furnished by and filed with the state bar. The application shall include the student’s written certification that he or she has read and is familiar with the Model Rules of Professional Conduct of the American Bar Association and the Rules of Professional Conduct of this court and will abide by the same in the activities permitted by this rule. The filing of an application pursuant to this rule is deemed a consent by the student to be subject to all disciplinary processes of the state bar. Any offense which would subject a lawyer admitted to practice law in this state to suspension or disbarment may be punished by suspension or forfeiture of the student’s privilege of taking the bar examination and being licensed to practice law in this state.

      2.  Certification.

      (a) The certification of a student by the law school dean shall be filed with the state bar on a form furnished or approved by the state bar. Unless sooner withdrawn or terminated, such certification shall remain in effect as long as the student remains eligible to participate in the activities permitted under this rule.

      (b) The certification may be withdrawn by the dean or an assistant or associate dean at any time without notice or hearing and without any showing of cause. The certification shall be withdrawn if the student ceases to be duly enrolled as a law student prior to his or her graduation. Notice of a withdrawal of certification shall be filed with the state bar and mailed to the student and the supervising lawyer.

      (c) The certification may be terminated by the state bar at any time without notice or hearing and without any showing of cause by mailing a notice of such termination to the student, the supervising lawyer, and the student’s law school dean.

      (d) The certification terminates automatically:

             (1) If the student does not apply for or take the first Nevada bar examination to be administered after the student has satisfied the educational requirements therefor.

             (2) If the student does not pass that examination.

             (3) Fifty (50) days after announcement of the results of that examination, if the student passes the examination.

      3.  Supervision.  A “supervising lawyer” shall mean either a lawyer or law professor employed by the Boyd School of Law in a clinical program and certified to practice in Nevada, or a member of the state bar in active practice.

      (a) A supervising lawyer shall:

             (1) Personally assume professional responsibility for all work undertaken by the student while under the lawyer’s supervision.

             (2) Assist and counsel the student in the activities permitted by this rule and review such activities with the student, to the extent necessary for the proper training of the student and protection of the client.

             (3) Read, approve, and personally sign any pleadings, briefs, or other papers prepared by the student before filing; read and approve any documents prepared by the student for execution by any person before submission to that person; and read and approve any correspondence prepared by the student before mailing.

             (4) Be present for any appearance by a student before a court or administrative tribunal.

      (b) In addition to the above, a supervising lawyer who is not employed by the Boyd School of Law in a clinical program shall:

             (1) Be an active resident member of the state bar, and, before supervising the activities specified in subsection 5, shall have actively practiced law in Nevada as a full-time occupation for at least five (5) years.

             (2) Supervise not more than one student, unless the student is participating in a Boyd School of Law externship program.

             (3) Be continuously personally present throughout the activities permitted under subsection 5, paragraphs (a), (b), and (c).

             (4) Before commencing supervision of any student, file with the state bar a notice in writing signed by the supervising lawyer stating the name of the student and the period during which the lawyer expects to supervise the activities of the student.

             (5) Notify the state bar in writing promptly whenever supervision of the student pursuant to this rule ceases.

      4.  Activities permitted under level 1 certification.  A student may engage in the following activities with the written consent of the person on whose behalf the student is performing the activities with the approval and under the supervision of a supervising lawyer:

      (a) Conduct investigations and interview witnesses.

      (b) Interview and counsel clients.

      (c) Represent clients before legislative and administrative bodies.

      5.  Activities permitted under level 2 certification.  A student may engage in the following activities with the written consent of the client on whose behalf the student is performing the activities and with the approval and under the supervision of a supervising lawyer:

      (a) Appear in any court or before any administrative tribunal in this state on behalf of any person.

      (b) Counsel and give legal advice to clients.

      (c) Negotiate and mediate the settlement of claims and disputes.

      (d) Prepare documents to be filed in court or with a legislative or administrative body.

      (e) Prepare transactional documents such as contracts, incorporation papers and by-laws, and filings required by a state, federal, or other governmental body.

      In all instances where, under this rule, a student is permitted to appear in court or before an administrative tribunal, the student shall file with the court or tribunal a copy of the written consent of the client required by this subsection and shall bring that consent to the attention of the judge of the court or presiding officer of the tribunal.

      6.  Use of student’s name.  A student’s name may properly be:

      (a) Signed and printed or typed on briefs, pleadings, and other similar documents on which the student has worked under the direction of the supervising lawyer if the student is clearly identified as a student certified under this rule.

      (b) Signed to letters written on the supervising lawyer’s letterhead which relate to the student’s supervised work if the student is clearly identified as a student certified under this rule.

      7.  Limitations.

      (a) A law student may neither ask for nor receive any compensation or remuneration of any kind directly from the person on whose behalf he or she renders service. Nor may a supervising lawyer charge a client an amount greater than that customarily charged for the lawyer’s services. This shall not prevent a lawyer, law firm, organization having an established legal department, nonprofit organization rendering legal aid to indigent persons, or public agency from paying compensation not otherwise prohibited under these rules.

      (b) Nothing in this rule shall affect the right of any person who is not admitted to practice law to do anything that the person might lawfully do before the adoption of this rule.

      8.  Place of filing.  All documents required to be filed with the state bar by this rule shall be filed with the admissions director of the state bar.

      [Added; effective August 14, 2000; amended effective November 8, 2010.]

      Rule 49.6.  Limited practice for certain attorneys employed by the State Bar of Nevada.

      1.  Requirements.  Notwithstanding the provisions of Rule 49, an attorney who is admitted to practice in any other jurisdiction, and who becomes employed by the State Bar of Nevada in the capacity of Bar Counsel or Assistant Bar Counsel, may be certified to practice before all courts of this state subject to the conditions of this rule and to such further conditions as the court may hereafter direct.

      2.  Application.  Application for certification to practice law in this state under the provisions of this rule shall be filed with the admissions director of the state bar, and shall be accompanied by:

      (a) A certificate of good standing indicating that the attorney has been admitted to practice law in another jurisdiction and is a member in good standing in such jurisdiction.

      (b) A statement signed by the Executive Director of the State Bar of Nevada that the attorney is currently employed as Bar Counsel or Assistant Bar Counsel.

      (c) A non-refundable application fee of $150.

      3.  Termination; renewal of certification.  Certification to practice under this rule shall terminate whenever the attorney ceases to be employed by the State Bar of Nevada as Bar Counsel or Assistant Bar Counsel. When an attorney certified under this rule ceases to be so employed, a statement to that effect shall be filed immediately with the admissions director of the state bar by the Executive Director of the State Bar of Nevada. An attorney certified by the state bar to practice under this rule who otherwise remains eligible to practice must annually renew the certification in accordance with Rule 49.12.

      4.  Limited practice.  An attorney certified to practice under this rule shall perform no legal services within the State of Nevada except that the attorney shall represent the State Bar of Nevada and shall have as his or her only client the State Bar of Nevada. The attorney shall not accept any compensation for services except such salary as may be paid to him or her by the State Bar of Nevada.

      5.  Discipline; bar membership; continuing legal education. An attorney certified to practice under this rule does not qualify for active membership in the State Bar of Nevada, but may be disciplined or suspended from practice in the manner now or hereafter provided by rule for discipline or suspension of attorneys generally. Pending final disposition of any such matter, the court or state bar may suspend any right to practice that is granted hereunder, without notice or hearing. During the time an attorney is certified under this rule, the attorney shall comply with the same requirements for continuing legal education as may be prescribed for active members of the State Bar of Nevada.

      6.  Applicability.  This rule is applicable notwithstanding any rule of the court governing admission to the bar which:

      (a) Is in effect on the effective date of this rule; or

      (b) Becomes effective thereafter, except any such rule specifically referring to this rule.

      [Added; effective February 25, 1992; amended effective January 1, 2008.]

      Rule 49.8.  Limited practice for certain deputy attorneys general.

      1.  Requirements.  Notwithstanding the provisions of Rule 49, an attorney who is admitted to practice law in any other jurisdiction, and who becomes employed by the Nevada Attorney General, may be certified to practice before all courts of this state subject to the conditions of this rule and to such further conditions as the court may hereafter direct.

      2.  Application.  Application for certification to practice law in this state under the provisions of this rule shall be filed with the admissions director of the state bar and shall be accompanied by:

      (a) A certificate of good standing indicating that the attorney has been admitted to practice law in another jurisdiction and is a member in good standing in such jurisdiction.

      (b) A statement signed by the Nevada Attorney General that such attorney is currently employed by the Office of the Nevada Attorney General.

      (c) A non-refundable application fee of $150.

      3.  Termination; renewal of certification.  Certification to practice under this rule shall terminate whenever such attorney ceases to be employed by the Office of the Nevada Attorney General. When an attorney certified under this rule ceases to be so employed, a statement to that effect shall be filed immediately with the admissions director of the state bar by the Nevada Attorney General. In no event shall certification to practice under this rule remain in effect longer than 2 years. An attorney certified by the state bar to practice under this rule who otherwise remains eligible to practice must annually renew the certification in accordance with Rule 49.12.

      4.  Limited practice.  An attorney certified to practice under this rule shall perform no legal services within the State of Nevada except for the Office of the Nevada Attorney General and shall only practice under the supervision of an attorney in the Office of the Nevada Attorney General who is an active, resident member of the State Bar of Nevada. All pleadings signed by an attorney certified to practice under this rule shall bear the name and office address, and be signed on behalf of, the attorney in the Office of the Nevada Attorney General responsible for supervising such attorney, who shall be deemed the attorney of record in the cases wherein such pleadings are filed.

      5.  Discipline; bar membership; continuing legal education.  Attorneys certified to practice under this rule do not qualify for active membership in the State Bar of Nevada, but may be disciplined or suspended from practice in the manner now or hereafter provided by rule for discipline or suspension of attorneys generally. Pending final disposition of any such matter the court or the state bar may suspend any right to practice that is granted hereunder, without notice or hearing. During the time an attorney is certified under this rule, the attorney shall comply with the same requirements for continuing legal education as may be prescribed for active members of the State Bar of Nevada.

      6.  Applicability.  This rule is applicable notwithstanding any rule of the court governing admission to the bar which:

      (a) Is in effect on the effective date of this rule; or

      (b) Becomes effective thereafter, except any such rule specifically referring to this rule.

      [Added; effective February 21, 2001; amended effective January 1, 2008.]

      Rule 49.9.  Limited practice for certain deputy state public defenders in rural counties.

      1.  Requirements.  Notwithstanding the provisions of Rule 49, an attorney who is admitted to practice law in any other jurisdiction, and who becomes employed by the State Public Defender to practice in a county whose population is less than 100,000 persons, may be certified to practice before all courts of this state subject to the conditions of this rule and to such further conditions as the court may hereafter direct.

      2.  Application.  Application for certification to practice law in this state under the provisions of this rule shall be filed with the admissions director of the state bar and shall be accompanied by:

      (a) A certificate of good standing indicating that the attorney has been admitted to practice law in another jurisdiction and is a member in good standing in such jurisdiction.

      (b) A statement signed by the State Public Defender that such attorney is currently employed by the Office of the State Public Defender and will be practicing in a county whose population is less than 100,000 persons.

      (c) A non-refundable application fee of $150.

      3.  Termination; renewal of certification.  Certification to practice under this rule shall terminate whenever such attorney ceases to be employed by the Office of the State Public Defender or ceases to practice in a county whose population is less than 100,000. When an attorney certified under this rule ceases to be so employed, a statement to that effect shall be filed immediately with the admissions director of the state bar by the State Public Defender. In no event shall certification to practice under this rule remain in effect longer than 2 years. An attorney certified by the state bar to practice under this rule who otherwise remains eligible to practice must annually renew the certification in accordance with Rule 49.12.

      4.  Limited practice.  An attorney certified to practice under this rule shall perform no legal services within the State of Nevada except for the Office of the State Public Defender in counties whose population is less than 100,000 persons and shall only practice under the supervision of an attorney in the Office of the State Public Defender who is an active, resident member of the State Bar of Nevada. All pleadings signed by an attorney certified to practice under this rule shall bear the name and office address, and be signed on behalf of, the attorney in the Office of the State Public Defender responsible for supervising such attorney, who shall be deemed the attorney of record in the cases wherein such pleadings are filed.

      5.  Discipline; bar membership; continuing legal education.  Attorneys certified to practice under this rule do not qualify for active membership in the State Bar of Nevada, but may be disciplined or suspended from practice in the manner now or hereafter provided by rule for discipline or suspension of attorneys generally. Pending final disposition of any such matter the court or the state bar may suspend any right to practice that is granted hereunder, without notice or hearing. During the time an attorney is certified under this rule, the attorney shall comply with the same requirements for continuing legal education as may be prescribed for active members of the State Bar of Nevada.

      6.  Applicability.  This rule is applicable notwithstanding any rule of the court governing admission to the bar which:

      (a) Is in effect on the effective date of this rule; or

      (b) Becomes effective thereafter, except any such rule specifically referring to this rule.

      [Added; effective February 21, 2001; amended effective January 1, 2008.]

      Rule 49.10.  Limited practice of attorneys employed in government or as in-house counsel.

      1.  Who may apply.  Notwithstanding the provisions of Rule 49, an attorney who is admitted to practice law in any other jurisdiction, and who is employed exclusively for a single governmental entity or as in-house counsel for a single corporation (including its subsidiaries and affiliates), association, partnership, or other business entity situated in or qualified to do business in Nevada, whose lawful business consists of activities other than the practice of law or the provision of legal services, may be certified to limited practice in this jurisdiction subject to the conditions of this rule and to such further conditions as the court may hereafter direct.

      2.  Procedure for applying.  An attorney applying for certification under this rule shall file the following documents and fees with the State Bar of Nevada at its Las Vegas, Nevada, office:

      (a) Verified certificate.  To be certified under this rule, an applicant shall file an original and one (1) copy of a verified certificate, on a form supplied or approved by the State Bar of Nevada, which shall include all of the following:

             (1) The attorney’s residence and office address;

             (2) The name, address, and telephone number of the attorney’s employer;

             (3) The courts before which the attorney has been admitted to practice and the dates of admission;

             (4) That the attorney is currently a member in good standing of, and eligible to practice law before, the bar of those courts;

             (5) That the attorney is not currently on suspension or disbarred from the practice of law before the bar of any court; and

             (6) That the attorney agrees to be subject to the jurisdiction of the courts of this state with respect to the law of this state governing the conduct of attorneys to the same extent as an active member of the State Bar of Nevada.

      (b) Certificate of good standing.  A certificate from the state bar or clerk of the supreme court or highest admitting court of each state, territory, or insular possession of the United States in which the applicant has been admitted to practice law certifying the applicant’s membership and good standing therein.

      (c) Employer affidavit.  An affidavit signed by the applicant’s immediate governmental supervisor or an officer, director, or general counsel of the attorney’s employer attesting that:

             (1) The applicant is a bona fide full-time employee;

             (2) The nature of the employment conforms to the requirements of this rule; and

             (3) The affiant will notify the State Bar of Nevada within thirty (30) days after the applicant ceases to be so employed.

      (d) Evidence of character and fitness.  Affidavits signed by two (2) members of each bar where the applicant has been admitted or other evidence satisfactory to the State Bar of Nevada establishing the applicant’s good moral character and fitness to practice law.

      (e) Application fee.  A non-refundable application fee of $250.

      (f) Annual fee.  An annual fee equivalent to the annual membership dues paid by active members of the State Bar of Nevada of comparable longevity.

      (g) Such other information or documentation as the State Bar of Nevada may request in the course of its investigation.

      3.  Certificate containing false information.  An applicant who files a certificate containing false information or who otherwise fails to comply with the standards of professional conduct required of members of the State Bar of Nevada shall be subject to the disciplinary jurisdiction of the Supreme Court of Nevada and the State Bar of Nevada with respect to any of his or her acts occurring in the course of the work performed.

      4.  Review by state bar and certification by state bar.  The State Bar of Nevada shall investigate each application and, if necessary, interview the applicant. The state bar may grant the application and permit the attorney to practice in Nevada, subject to the restrictions of this rule.

      5.  Bar membership.  An attorney certified to practice under this rule does not qualify for active membership in the State Bar of Nevada.

      6.  Activities permitted under this rule.  An attorney certified under this rule may render legal advice and services to, and communicate and negotiate with third persons on behalf of, the attorney’s employer, other employees, or the employer’s subsidiaries and affiliates in matters related to the business of the employer.

      7.  Limitations of activities.

      (a) Unless otherwise permitted by law, an attorney certified under this rule may not:

             (1) Appear as counsel of record for the employer in Nevada in any court, before any administrative or political agency, or in any arbitration, mediation, or alternative dispute resolution proceeding which is court ordered or annexed or authorized by law or administrative rule;

             (2) Render legal advice or services to the public or to anyone other than the attorney’s employer, other employees, or the employer’s subsidiaries and affiliates; or

             (3) Hold himself or herself out to the public as an attorney so authorized or engaged.

      (b) All business cards and employer letterhead used by an attorney certified under this rule in Nevada shall clearly indicate that the attorney is certified to practice in Nevada as governmental or in-house counsel.

      8.  Continuing legal education.  During the time an attorney is certified under this rule, the attorney shall comply with the same requirements for continuing legal education as may be prescribed for active members of the State Bar of Nevada.

      9.  Discipline.  Attorneys certified under this rule shall be subject to the jurisdiction of the courts and disciplinary boards of this state with respect to the law of this state governing the conduct of attorneys to the same extent as an active member of the State Bar of Nevada. He or she shall familiarize himself or herself and comply with the standards of professional conduct required by members of the State Bar of Nevada. The rules of the Supreme Court of Nevada shall govern in any investigation or proceeding conducted by the State Bar of Nevada under this rule.

      10.  Renewal of certification.

      (a) On or before March 1 of each year, an attorney certified under this rule must certify to the State Bar of Nevada that:

             (1) The attorney is still employed by the same employer that submitted the affidavit required under subsection 2(c) of this rule;

             (2) The attorney has complied with the continuing education requirements prescribed for active members of the State Bar of Nevada; and

             (3) The attorney is still in good standing before the courts before which the attorney has been admitted to practice.

      (b) An attorney certified under this rule who continues to perform legal services shall remit to the State Bar of Nevada by March 1 of each year, a fee equivalent to the annual membership dues paid by active members of the State Bar of Nevada of comparable longevity.

      11.  Failure to renew.

      (a) An attorney certified under this rule who continues to perform legal services for an employer and fails to provide the proper certification or pay the renewal fees set forth in subsection 10 of this rule shall be suspended from practicing law upon expiration of a period of thirty (30) days after the anniversary date.

      (b) The executive director of the State Bar of Nevada shall notify the attorney certified under this rule, and the entity employing that attorney of the suspension.

      12.  Reinstatement after failure to renew certification.  An attorney certified to practice under this rule who has been suspended from that practice under subsection 11 of this rule may be reinstated upon compliance with the requirements of subsection 10 of this rule and the payment of a late penalty of $50. Upon payment of all accrued fees and the late penalty, the executive director may reinstate the attorney and shall notify the attorney and the entity employing the attorney of the reinstatement.

      13.  Termination.  Certification to practice under this rule shall terminate whenever the attorney ceases to be employed by the employer submitting the affidavit under subsection 2(c) of this rule. The employer shall promptly notify the State Bar of Nevada in writing whenever the attorney’s employment ceases. Attorneys certified to practice under this rule who cease to be employed as required by this rule shall not retain membership with the State Bar of Nevada and shall not be considered for active membership unless they have made application for admission and have been examined in accordance with Rules 49 to 75, inclusive, in the same manner as all other applicants.

      [Added; effective September 24, 2002; amended effective January 1, 2008.]

      Rule 49.11.  Limited practice for certain attorneys employed by the Federal Public Defender for the District of Nevada.

      1.  Requirements.  Notwithstanding the provisions of Rule 49, an attorney who is admitted to practice in any other jurisdiction, and who becomes employed by the Federal Public Defender for the District of Nevada, may be certified to limited practice before all courts of this state subject to the conditions of this rule and to such further conditions as the court may hereafter direct.

      2.  Application.  Application for certification to practice law in this state under the provisions of this rule shall be filed with the admissions director of the state bar, and shall be accompanied by:

      (a) A certificate of good standing indicating that the attorney has been admitted to practice law in another jurisdiction and is a member in good standing in such jurisdiction.

      (b) A statement signed by the Federal Public Defender that the attorney is currently employed by the Federal Public Defender for the District of Nevada.

      (c) A non-refundable application fee of $150.

      3.  Termination; renewal of certification.  Certification to practice under this rule shall terminate whenever the attorney ceases to be employed by the Federal Public Defender for the District of Nevada. When an attorney certified under this rule ceases to be so employed, a statement to that effect shall be filed immediately with the admissions director of the state bar by the Federal Public Defender for the District of Nevada. An attorney certified by the state bar to practice under this rule who otherwise remains eligible to practice must annually renew the certification in accordance with Rule 49.12.

      4.  Limited practice.  An attorney certified to practice under this rule shall perform no legal services within the State of Nevada except for the Federal Public Defender for the District of Nevada, and shall practice only under the supervision of an attorney in the office of the Federal Public Defender for the District of Nevada who is an active, resident member of the State Bar of Nevada. All pleadings signed by an attorney certified to practice under this rule shall bear the name and office address, and be signed on behalf of, the attorney in the office of the Federal Public Defender for the District of Nevada responsible for supervising such attorney, who shall be deemed the attorney of record in the cases wherein such pleadings are filed.

      5.  Discipline; bar membership; continuing legal education.  An attorney certified to practice under this rule does not qualify for active membership in the State Bar of Nevada, but shall be subject to the jurisdiction of the courts and disciplinary boards of this state with respect to the laws of this state governing the conduct of attorneys to the same extent as other members of the State Bar of Nevada. Pending final disposition of any such matter, the court or the state bar may suspend any right to practice that is granted under this rule, without notice or hearing. During the time an attorney is certified under this rule, the attorney shall comply with the same requirements for continuing legal education as may be prescribed for active members of the State Bar of Nevada.

      6.  Applicability.  This rule is applicable notwithstanding any rule of the court governing admission to the bar which:

      (a) Is in effect on the effective date of this rule; or

      (b) Becomes effective thereafter, except any such rule specifically referring to this rule.

      [Added; effective May 28, 2007; amended effective January 1, 2008.]

      Rule 49.12.  Renewal of certification for limited practice for certain attorneys.

      1.  Annual certification.  An attorney certified by the state bar to limited practice in this state under Rules 49.1, 49.4, 49.6, 49.8, 49.9, or 49.11 must annually renew said certification. By March 1 of each year, the attorney must submit to the State Bar of Nevada:

      (a) A statement signed by the attorney’s employer that the attorney remains employed by the employer’s office;

      (b) A certificate of good standing indicating that the attorney has been admitted to practice law in another jurisdiction, and is a member in good standing in such jurisdiction; and

      (c) Certification that the attorney has complied with the continuing education requirements prescribed for active members of the State Bar of Nevada.

      2.  Annual certification fee.  An attorney certified by the state bar to limited practice in this state under Rules 49.1, 49.4, 49.6, 49.8, 49.9, or 49.11 shall remit to the State Bar of Nevada by March 1 of each year, a fee equivalent to the annual membership dues paid by active members of the State Bar of Nevada of comparable longevity. On March 2 of each year a penalty shall attach to all delinquent certification fees in the same amount as the penalty for active members.

      3.  Suspension for failure to renew or pay fees.  An attorney certified by the state bar to limited practice in this state under Rules 49.1, 49.4, 49.6, 49.8, 49.9, or 49.11 who continues to perform legal services for an employer and fails to properly renew the certification or pay the renewal fees shall be suspended from practicing law upon 60 days’ written notice to the attorney and the entity employing that attorney. The procedure for the suspension and reinstatement of limited practitioners is the same as that followed for active members of the State Bar of Nevada.

      4.  Termination.  Notwithstanding any provision of this rule, certification to practice under Rules 49.1, 49.4, 49.6, 49.8, 49.9, or 49.11 terminates in accordance with those rules.

      [Added; effective January 1, 2008.]

      Rule 50.  Power of board of bar examiners to examine applicants.

      1.  The court hereby confers upon the board of bar examiners the power to examine applicants pursuant to Rule 49.

      2.  The board of bar examiners shall conduct written examinations of applicants, and may also, in its discretion, conduct oral examinations of applicants on any relevant matters except the bar examination subjects listed in Rule 66.

      3.  As soon as practicable, all members of the board of bar examiners shall enroll and participate in at least one grading seminar or workshop conducted by the National Conference of Bar Examiners. The provisions of this rule shall not preclude the board of bar examiners from employing qualified graders.

      4.  The board of bar examiners shall investigate, adequately and thoroughly, each applicant’s moral character and fitness for membership in the bar and carefully pursue any adverse information relating to the moral character and fitness of an applicant. In fulfilling this function, the board of bar examiners may utilize the services of a professional investigator, preferably with training and experience in bar admissions.

      5.  In conducting its investigations concerning the character qualifications of applicants, the board of bar examiners may conduct hearings as provided by Rule 57 or may request any disciplinary board or panel thereof of the state bar to investigate the character of any applicant and to make a report and recommendation to the board of bar examiners concerning the applicant. The report and recommendations of the local administrative committee shall not be binding upon the board, and shall in no way prevent the board from making its own investigation, but the board may base its recommendation concerning the admission of the applicant either in whole or in part upon materials and testimony collected and heard by the committee and upon the report and recommendation of the committee.

      The board of bar examiners shall, within 30 days of the conclusion of any hearing concerning the character qualifications of an applicant, notify the applicant of the results of the hearing. The board of bar examiners shall file a report with the clerk of the supreme court describing the nature and purpose of the hearing, and the results thereof in accordance with Rule 69(2).

      6.  The board of bar examiners shall have the power to investigate applicants through the National Conference of Bar Examiners, or any other investigative agency, to receive reports confidential or otherwise on the background of an applicant, and to incur necessary expenses in connection with the same. Any reports obtained pursuant to such investigations may be classified confidential and shall not be available for inspection by the applicant unless the supreme court or the board of bar examiners otherwise orders.

      [As amended; effective April 27, 2000.]

      Rule 50.5.  Conditional admission.

      1.  The court, in its discretion, may conditionally admit to the practice of law those applicants with character and fitness problems, which although serious, do not warrant denial of admission with or without prejudice. Admission under this rule shall be conditioned on and subject to such terms and conditions as required by the court, which may include any terms and conditions recommended by the board of bar examiners or its character and fitness committee. Before an applicant may be admitted under this rule, the applicant must consent in writing to the conditions of admission within 30 days of the court’s order setting those conditions. An applicant’s failure to consent will result in a denial of admission under this rule.

      2.  The period during which the applicant is conditionally admitted shall be designated as the probationary period and shall be monitored by and through the office of the Bar Counsel of the State Bar of Nevada. Any alleged violation of the terms or conditions of the order of conditional admission shall be referred to a probationary hearing panel of the board of bar examiners by the office of Bar Counsel. Members of the probationary hearing panel, when possible, will be comprised of the members of the hearing panel who recommended that the applicant be admitted pursuant to this rule.

      3.  An applicant admitted pursuant to this rule shall consent to the disclosure of all information obtained by the board of bar examiners to the office of the Bar Counsel, except information received by the board of bar examiners under a specific agreement of confidentiality or otherwise restricted by law.

      4.  The length of time of the probationary period shall be for a period of time as is ordered by the court.

      5.  Upon successful completion of the probationary period, in the absence of any disciplinary action by Bar Counsel, and upon written application by the applicant and the filing of a Supplemental Recommendation by the board of bar examiners, an applicant admitted pursuant to this rule shall be eligible for unconditional admission to the State Bar of Nevada.

      6.  The office of the Bar Counsel of the State Bar of Nevada shall monitor the conditions set forth in the order and the costs thereof shall be paid by the applicant admitted pursuant to this rule before termination of the probationary period.

      7.  Any alleged violation, however de minimis, of the terms and conditions of the order of conditional admission shall be brought before the probationary hearing panel of the board of bar examiners. Upon ten (10) days’ written notice to the applicant, the probationary hearing panel will convene to determine if a violation of the conditions has occurred and what action, if any, should be taken.

      8.  If the probationary hearing panel of the board of bar examiners determines that the alleged violation(s) is not proved, no further action will be taken. If it finds that a violation of the terms or conditions of the order of conditional admission exists, it may recommend to the court suspension or revocation of the conditional license. If it determines that the violation does not rise to the level of suspension or revocation, it may recommend to the court the extension or imposition of such additional terms or conditions of the probationary period as it deems appropriate.

      9.  Any grievance(s) filed with the office of Bar Counsel of the State Bar of Nevada concerning actions by an applicant admitted pursuant to this rule during the probationary period, shall be submitted to a screening panel of the Southern or Northern Nevada Disciplinary Board.

      (a) If the disciplinary screening panel recommends anything other than dismissal, such findings shall be submitted to the probationary hearing panel of the board of bar examiners. The probationary hearing panel of the board of bar examiners is empowered, upon ten (10) days’ written notice to the applicant, to convene a hearing to determine the impact of these findings on the applicant’s conditional admission.

      (b) Based upon the existence of a pending recommendation by a disciplinary screening panel of anything other than dismissal, the probationary hearing panel of the board of bar examiners is empowered to recommend suspension or revocation of the conditional license subject to the approval of the court. If the probationary hearing panel of the board of bar examiners determines that the violation does not rise to the level of suspension or revocation, it may recommend to the court the extension or imposition of such additional terms or conditions of the order of conditional admission as it deems appropriate.

      10.  Although the probationary hearing panel of the board of bar examiners may consider any alleged new disciplinary grievance(s) whether recommended for formal charges or not, to determine whether to revoke the conditional admission or to extend or modify the terms set forth therein, this is independent of a separate disciplinary hearing panel to consider what discipline, if any, is to be imposed as a result of the disciplinary hearing on any new grievance(s).

      11.  During the probationary period, an applicant admitted pursuant to this rule continues to bear the burden of proof to establish the applicant’s compliance with the terms and conditions of order of conditional admission. If circumstances so warrant, the office of the Bar Counsel and/or the probationary hearing panel of the board of bar examiners may petition the court for an extension of the period of probation with a final decision to be made by the court.

      12.  Conditional admission shall be imposed pursuant to a confidential order of the court and except as is required by an application to be admitted to the United States Supreme Court, and/or to the bar of any other state or jurisdiction, or at the request of the applicant, shall remain confidential.

      [Added; effective June 24, 1998; amended effective January 1, 2008.]

      Rule 51.  Qualifications of applicants for admission.

      1.  An applicant for a license to practice as an attorney and counselor at law in this state shall not be admitted to practice law in this state unless such applicant shall:

      (a) Have attained the age of majority.

      (b) Be present or available within the State of Nevada, and remain so until examined as required by Rule 65, so as to permit and facilitate the examination, investigations, interviews and hearings necessary to determine the applicant’s morals, character, qualifications and fitness to practice law.

      (c) Have received a degree of bachelor of laws, or an equivalent law degree, from a law school approved by the committee on legal education and admissions to the bar of the American Bar Association, and shall present evidence of the same.

      (d) Demonstrate that the applicant is of good moral character and is willing and able to abide by the high ethical standards required of attorneys and counselors at law.

      (e) Not have been refused admission to practice law in any state or before any court or governmental agency of the United States on the ground of unfitness of character.

      (f) Not have been disbarred from the practice of law in any state or before any court or governmental agency of the United States.

      (g) Not be subject to any mental or emotional disorder which would render the applicant unfit to practice law.

      (h) Not be an abuser of alcohol or prescription drugs, or a user of illegal drugs.

      (i) Demonstrate financial responsibility.

      (j) Be in full compliance with any court order, including without limitation, spousal or child support orders.

      (k) Achieve a passing score on the state bar examination.

      2.  No applicant for a license to practice as an attorney and counselor at law in this state may take the bar examination unless the applicant satisfies (1)(a), (1)(c), and (1)(f) above, and such application may be summarily denied. Such applicant shall be permitted to reapply to take the bar examination when the conditions in (1)(a), (1)(c), and (1)(f) have been satisfied and the applicant complies with other applicable requirements.

      [As amended; effective December 13, 2012.]

      Rule 51.5.  Certification by the committee on functional equivalency.

      1.  Certification prior to application.  A prospective applicant who fails to meet the accreditation requirement of Rule 51(1)(c) shall not be permitted to apply for admission to practice law unless the committee on functional equivalency certifies that he or she has met the qualifications set forth in this rule. To request certification, a prospective applicant must petition the committee on functional equivalency in accordance with the provisions of this rule and the policies and procedures of the committee.

      Only prospective applicants satisfying the qualifications set forth in paragraphs (a), (b), or (c) of this subsection may petition for such certification. A prospective applicant must include with the petition satisfactory evidence that he or she meets these qualifications; otherwise the petition shall be summarily denied, without review.

      The following qualifications are required for certification:

      (a) Graduation from an unaccredited law school within the American Bar Association’s accreditation jurisdiction and satisfactory evidence that:

             (1) the petitioner has been admitted to practice law in any jurisdiction, including another state of the United States of America, a territory of the United States of America, the District of Columbia, or a foreign country; and

             (2) the petitioner has been, for at least ten of the preceding twelve years, lawfully engaged in the full-time practice of law in the jurisdiction where the petitioner is admitted to practice law or in any other jurisdiction, provided that if the legal work experience takes place in a foreign country, it is a country where the English common law substantially forms the basis of that country’s jurisprudence, and where English is the language of instruction and practice in the courts of that jurisdiction; and

             (3) the petitioner’s legal education, as augmented by such subsequent legal work experience, is now functionally equivalent to an education provided by a law school accredited by the American Bar Association.

      (b) Graduation from a law school that was not accredited by the American Bar Association at the time of the petitioner’s graduation but which has since achieved accreditation and satisfactory evidence that:

             (1) the law school achieved American Bar Association accreditation no more than 3 years after the petitioner’s graduation; and

             (2) the legal education received is functionally equivalent to an education provided by a law school accredited by the American Bar Association.

      (c) Graduation from a foreign law school outside the accreditation jurisdiction of the American Bar Association and satisfactory evidence that the petitioner either:

             (1) meets the requirements of Rule 51.5(1)(a) above; or

             (2) received a legal education that is functionally equivalent to an education provided by a law school accredited by the American Bar Association.

      2.  Practice of law.  For purposes of this rule, the term “practice of law” shall mean:

      (a) private practice as a sole practitioner or for a law firm, legal services office, legal clinic or the like;

      (b) practice as an attorney for an individual, a corporation, partnership, trust, or other entity, with the primary duties of furnishing legal counsel, researching legal issues, drafting legal documents, pleadings, and memoranda, interpreting and giving advice regarding the law, or preparing, trying or presenting cases before courts, departments of government or administrative agencies;

      (c) practice as an attorney for the federal government or for a state government with the same primary duties described in paragraph (b) of this subsection;

      (d) employment as a judge, magistrate, referee, arbitrator, mediator, or similar official, provided that such employment is available only to licensed attorneys;

      (e) legal service in the armed forces of the United States;

      (f) employment as a full-time teacher of law at a law school accredited by the American Bar Association; or

      (g) any combination of the above.

      3.  Filing.  A petition for certification under this rule must be filed with the admissions director no later than September 1 of the year prior to the year in which the petitioner seeks to sit for the bar examination. The petition must be verified, and shall contain a statement of facts accompanied by copies of all relevant documents, a statement of each ground upon which relief is alleged to be warranted, and legal points and authorities, setting forth the legal basis for each ground for the relief requested.

      4.  Refer to committee on moral character and fitness.  If the committee has noted questions relating to the petitioner’s ability to meet the moral character and fitness requirements of Rule 51(4), (5), (6), (7), (8), or (9), the committee may recommend to the board of bar examiners that the petitioner be referred to the committee on moral character and fitness for further investigation and/or hearings prior to review by the committee on functional equivalency.

      5.  Favorable recommendation.  If the committee on functional equivalency recommends that certification be granted, the committee shall file a report with the board of bar examiners, together with proof of service by mail on the petitioner, certifying to the board of bar examiners that the petitioner has met the qualifications set forth in subsection 1(a), 1(b), or 1(c) of this rule. Service by mail shall be complete upon mailing. The report shall be filed with the board of bar examiners within 30 days of the conclusion of any hearing, unless otherwise ordered by the board of bar examiners. Upon such a certification, the board of bar examiners shall permit the petitioner to apply for admission, unless the board determines that further investigation is necessary. The petitioner may, in the board’s discretion, be permitted to sit for the bar examination if the petitioner meets all other applicable requirements.

      6.  Adverse recommendation.  If the committee on functional equivalency recommends that certification be denied, the committee shall file a report with the board of bar examiners, together with proof of service by mail on the petitioner, describing the basis for its adverse recommendation. Service by mail shall be complete upon mailing. The report shall be filed with the board of bar examiners within 30 days of the conclusion of any hearing, unless otherwise ordered by the board of bar examiners. Absent a timely verified petition for review filed in accordance with this rule, the board of bar examiners shall approve the adverse recommendation of the committee, unless the board of bar examiners determines that further investigation is necessary.

      7.  Notice and review.  Any petitioner notified of an adverse decision may, within 15 days from the date of service of the decision, file a verified petition for review with the supreme court, which shall be accompanied by proof of service of a copy upon the admissions director of the state bar, the chair of the board of bar examiners, and the chair of the functional equivalency committee. Service by mail shall be complete upon mailing. Such petition shall contain any relevant documentation necessary for the court’s understanding of the matter, a statement of facts supported by adequate citation to any record, and legal points and authorities setting forth the legal basis for each ground upon which the committee’s recommendation is alleged to be erroneous.

      Within 15 days of service of any verified petition, the board of bar examiners shall submit the committee’s report to the court. Additionally, within 15 days of service of any verified petition, the board of bar examiners and/or the committee on functional equivalency, or their representative, may file an answer to any issues raised in the petition. If the court is of the opinion that the committee’s recommendation should not be disturbed, it may deny the petition. Should the court determine that the petitioner is entitled to relief, it may direct the board of bar examiners to permit the petitioner to file an application for admission and to process the application in accordance with Supreme Court Rules 49 to 75.

      8.  Burden of proof.  In any proceeding before the committee on functional equivalency, or before the court, the petitioner shall have the burden of proving that he or she meets the qualifications set forth in subsection 1(a), 1(b), or 1(c) of this rule. Should a petitioner fail to meet this burden of proof, the committee shall refuse to certify that the petitioner meets the requirements of this rule, and the court shall refuse to disturb the adverse recommendation of the committee.

      [Added; effective June 24, 1998; amended effective April 6, 2011.]

      Rule 52.  Applications: Filing, number and contents.

      1.  (a) In order to permit and facilitate the examination, investigations, interviews and hearings necessary to determine the applicant’s morals, character, qualifications and fitness to practice law, an applicant for a license to practice as an attorney and counselor at law in this state shall file with the admissions director of the state bar, on forms furnished by the admissions director, a verified application in duplicate not later than March 1 if the application is for the following July examination and not later than October 1 if the application is for the following February examination.

      (b) An applicant unable to comply with the filing deadlines provided in subsection 1(a) of this rule may file a late application not later than May 1 if the application is for the following July examination and not later than December 1 if the application is for the following February examination. The deadline for filing an application shall not be waived.

      (c) Any applicant failing to pass the examination who wishes to take the next subsequent examination shall have 15 days from the date of mailing of the state bar’s written notice to the applicant of his or her failure to pass the examination or until the late application deadlines set forth in subsection 1(b) of this rule, whichever date is later, to file a verified application with the admissions director of the state bar.

      (d) Any military spouse who has relocated to Nevada due to military orders shall file with the admissions director of the state bar, on forms furnished by the admissions director, a verified application in duplicate to be postmarked not later than February 1, if the application is for the following February examination, and not later than July 1, if the application is for the following July examination. No late fees shall be charged to any military spouse who submits a bar exam application by the applicable dates listed above. The admissions department will not accept bar exam applications from military spouses postmarked after February 1 (for the February bar exam) or July 1 (for the July bar exam). The admissions department will not issue any provisional or temporary licenses.

      (e) An application shall be deemed filed on the day of mailing.

      2.  The application shall state:

      (a) When and where the applicant was born and the various places of the applicant’s residence, giving at least two references in each place in which the applicant has resided since attaining the age of 21 years and for the 5 years immediately preceding filing of the application.

      (b) Whether or not the applicant has been engaged in business at any time; if so, where and the kind of business.

      (c) The names and post office addresses of all persons by whom the applicant has been employed for a period of 10 years immediately preceding the making of the application.

      (d) The applicant’s general and legal education, what schools the applicant has attended, the length of time in attendance at each, whether or not the applicant is a graduate of any school or schools, and whether or not the applicant has ever been subject to discipline for violation of any school policy, including but not limited to, code of conduct and honor code violations.

      (e) Whether or not the applicant has ever applied to any court, bar association, administrative body, governmental agency or other entity for admission to practice law; if so, when and where, and the results thereof.

      (f) If a naturalized citizen, when and where naturalized.

      (g) Whether or not the applicant has ever been arrested; if so, when and where, the nature of the crime charged, the disposition of the charge, complaint, indictment or information, the title and address of the police officials having custody of the record of arrest, and the names and locations of all courts before which any proceedings in connection with the arrest took place.

      (h) The marital status of the applicant; if married, the name of the spouse, the date and place of marriage, and the number and names of children, if any; if divorced, the names of all former spouses, the dates of the decrees and the names of the court granting such decrees, and whether or not the applicant is subject to any spousal or child support orders and the current status of payments due thereunder.

      (i) Whether or not the applicant has ever applied to practice in any jurisdiction. If the applicant has been admitted to practice law in any jurisdiction the applicant shall:

             (1) State whether any complaint or charge resulting in an inquiry, investigation, or hearing, formal or informal, has ever been instituted against the applicant, or whether by resignation, withdrawal or otherwise the applicant has terminated or attempted to terminate the applicant’s office as an attorney, and in either or any of the cases above referred to, giving full particulars; and

             (2) Present a certificate of the clerk of the court in the state in which the applicant last practiced, certifying that the applicant is a member in good standing of the bar of that state or district, and that no disbarment or other proceedings affecting the applicant’s standing as an attorney are pending and undisposed of before the court, which certificate shall be supplemented by:

                   (I) A letter from the secretary of the local bar association of the city or county in which such applicant last resided (if there be such local bar association) and a letter from the secretary of each state bar association where the applicant is admitted to practice, certifying to the applicant’s good moral character; and

                   (II) A letter of recommendation from the judge of the court of record before which the applicant last regularly practiced; and

                   (III) Such other evidence of good moral character and fitness as may be required by the court; and

                   (IV) Such other evidence as may be required by the board of bar examiners.

      (j) Whether the applicant has ever defaulted on any financial obligations, including without limitation, student loans, and in the case of student loans, the present payment status thereof.

      (k) Whether or not the applicant is, or ever has been, a member of any organization devoted to, or advocating support of, the violent overthrow of the government of the United States or of any state, giving full particulars.

      3.  On making application for admission, each applicant shall authorize the state bar, and its agency and representatives, to acquire from any source any information it may request concerning the applicant’s professional, academic and character qualifications, which information may include, without limitation implied by enumeration, confidential reports, files, records, proceedings, documents and transcripts in any type of civil, criminal, disciplinary or administrative action or proceeding, and further to authorize the National Conference of Bar Examiners, or any other reporting agency, to submit to the state bar its character report on the applicant, and shall agree that the applicant shall not have access to confidential reports, and to other information except as the board of bar examiners may permit. Such applicant shall further authorize any state bar, bar association or other admitting authority to release to the State Bar of Nevada and its agents and representatives, including the National Conference of Bar Examiners, any or all similar information enumerated above.

      The applicant, on making application for admission, shall consent to the disclosure of all information as set forth in this subsection pursuant to any request by any state bar, bar association, the National Conference of Bar Examiners or other admitting authority.

      4.  Each applicant shall attach to the application a recent head-and-shoulders photograph, not smaller than 2 inches by 2 inches.

      5.  A false statement on the application forms filed with the admissions director, or failure to set out information required on the forms, shall be sufficient cause for denial of admission.

      [As amended; effective May 20, 2013.]

      Rule 53.  Fingerprinting of applicants.

      1.  An applicant for examination for a license to practice as an attorney and counselor at law in this state shall, as part of the application, be fingerprinted.

      2.  Each applicant shall, at the applicant’s own expense, and on a card provided by the state bar, arrange to be fingerprinted by any police or sheriff’s office and shall attach the fingerprint card, after the fingerprints are taken, to the application for admission.

      3.  The admissions director shall mail the applicant’s fingerprint card to the Federal Bureau of Investigation, Washington, D.C., for its report, and to such other law enforcement agencies as the admissions director may deem necessary.

      [As amended; effective December 11, 1991.]

      Rule 54.  Fees.

      1.  An applicant for examination for a license to practice as an attorney and counselor at law in this state who has not previously been admitted in any jurisdiction shall pay to the treasurer of the state bar the sum of $700, inclusive of a $25 administrative fee, before being entitled to have the application considered.

      2.  An attorney who has been previously admitted to practice law in any jurisdiction, or who has taken and passed another jurisdiction’s bar exam whether or not admitted in the jurisdiction, and who applies to be admitted to practice law in Nevada shall pay to the treasurer of the state bar the sum of $1,000, inclusive of a $25 administrative fee, before being entitled to have the application considered.

      3.  In addition to the fees required in subsections 1 and 2 of this rule, an applicant making late application shall pay to the treasurer of the state bar a sum of $550 for any late application post-marked between March 2 and May 1, inclusive, for the July examination; or between October 2 and December 1, inclusive, for the February examination. Further, if the date an application is to be postmarked falls on a Sunday or holiday, only those applications postmarked the following business day shall be accepted as timely.

      4.  No payments shall be refunded except as otherwise provided by these rules.

      5.  In all cases where an applicant has been denied admission but is permitted to apply again for admission to practice, the applicant shall be required at the time of such further application to make the same payment as on an original application. If an applicant failed to pass the examination and applies to take the next subsequent examination, the applicant shall not be required to pay the fees set forth in subsection 3 for late application.

      6.  The board of bar examiners shall assess against an applicant such further fees or costs as in the opinion of the board are reasonably necessary to conduct investigations, to hold hearings and to take depositions either within or without the State of Nevada concerning the character of the applicant. The board of bar examiners shall estimate the cost of its investigation and provide the applicant with a written estimate of costs. The applicant shall have 10 days from service of the estimate within which to pay the estimated costs to the State Bar of Nevada. Any such fees assessed shall be paid into the treasury of the state bar prior to the commencement of any such investigation, hearing or the taking of a deposition.

      Should the actual fees or costs incurred in the conduct of such investigation, hearing or taking of a deposition exceed the amount assessed by the board of bar examiners, the applicant shall pay the excess fees or costs before a final determination is made in the applicant’s case upon the entry of a further order therefor by the board.

      Failure to pay such fees as may be assessed by the board of bar examiners may be considered grounds for denial of admission.

      Within 30 days after written notice to the applicant of the entry of an order by the board of bar examiners assessing further fees or costs pursuant to this rule, the applicant may petition the supreme court for a review thereof.

      [As amended; effective May 20, 2013.]

      Rule 55.  Transcripts of academic grades provided board of bar examiners.

      1.  An applicant for examination for a license to practice as an attorney and counselor at law in this state shall, as part of the application and at the applicant’s own expense, provide the admissions director of the state bar with one certified copy of the applicant’s transcripts of grades from colleges, universities and law schools from which the applicant graduated, the names of which are stated in the application pursuant to Rule 51 and paragraph (d) of subsection 2 of Rule 52.

      2.  If possible, such transcripts shall accompany the application when filed with the admissions director of the state bar, but in any event should be filed with the admissions director not later than the 10th day of the month in which the bar examination will be taken.

      [As amended; effective May 28, 2003.]

      Rule 56.  Number and disposition of applications; approval by board of bar examiners.

      1.  All applications for admission to practice law in Nevada shall be submitted in duplicate and filed with the admissions director of the state bar pursuant to subsection 1 of Rule 52. Upon receipt thereof, the admissions director shall transmit immediately one copy to the clerk of the supreme court. The remaining copy shall be retained by the admissions director for use in determining the applicant’s qualifications for admission.

      (a) The admissions director of the state bar shall review the application to determine whether it has been completed and filed in compliance with the requirements of Rules 51 through 55. If an application is incomplete, the admissions director shall give the applicant one written notification of the deficiencies in the application. The applicant shall have 30 days from the date of mailing of the notice of the deficiencies, or until 30 days before the examination, whichever date is earlier, to cure the deficiencies and complete the application. If the application is not completed within the allotted time, the admissions director shall recommend to the board of bar examiners that the application be rejected.

      (b) If the admissions director recommends to the board of bar examiners that an application be rejected because it is not complete, the board may reject the application, and shall reject the application if the deficiencies in the application are such that the board cannot adequately and thoroughly investigate the applicant’s morals, character, qualifications and fitness to practice law.

      (c) As provided in Rule 67, the admissions director shall reject the application if the applicant has previously been denied admission with prejudice in this state for failure to meet the necessary character requirements.

      (d) Only the board of bar examiners may recommend denial, with or without prejudice, of an application, pursuant to Rule 64, on the grounds that the applicant has failed to demonstrate good moral character and willingness to abide by high ethical standards, or that the applicant has failed to demonstrate that no mental or emotional disorder renders the applicant unfit to practice law. In the absence of the timely filing of a petition pursuant to the provisions of Rule 64, the court shall refuse to disturb such an adverse recommendation of the board. If the recommendation is to deny admission without prejudice, the board may impose conditions which the applicant must fulfill before the applicant will be permitted to file a subsequent application for admission to practice law. Further, the board shall recommend a period of time, not to exceed 5 years, before the applicant may reapply.

      (e) An applicant whose application has been rejected on grounds other than those stated in Rule 64, Rule 65.5, or Rule 70 may, within 30 days from the date of notification, file a verified petition for relief with the supreme court, which shall be accompanied by proof of service of a copy thereof upon the admissions director of the state bar and the chair of the board of bar examiners. Such petition shall contain a statement of facts accompanied by copies of all relevant documents, a statement of each ground upon which relief is alleged to be warranted, and legal points and authorities, setting forth the legal basis for each ground for relief alleged. If the court is of the opinion that relief should not be granted, it may deny the petition. Otherwise, the court may enter an order fixing the time within which an answer may be filed by the board of bar examiners. Should the court determine that the petitioner is entitled to relief, it may direct the board of bar examiners to process the application in accordance with Rules 57 to 75.

      2.  All applications not rejected by the admissions director shall be reviewed by the board of bar examiners along with any investigative reports or relevant documentation. No applicant for examination for a license to practice as an attorney and counselor at law in this state shall be eligible for examination until the applicant has received the written approval of the board of bar examiners. Except as otherwise provided in this rule and in Rule 65.5, the board of bar examiners shall not permit an applicant to be examined unless the applicant has fulfilled the requirements of Rules 51 through 55.

      3.  The board of bar examiners, in its discretion, may permit or refuse to permit an applicant whose verified application complies with the requirements of Rule 52 to take the bar examination if the board has not completed its investigation into the applicant’s moral character or fitness for admission. If the board of bar examiners has refused to permit an applicant to take the bar examination because its investigation into the applicant’s moral character or fitness for admission is not completed at the time of the bar examination, and the applicant subsequently receives final approval of the board, the applicant shall be permitted to take the bar examination next following such approval without submission of further fees or applications, except the board, in its discretion, may order further character or fitness reports, including fingerprint reports, on the applicant during the intervening period. If the board has permitted the applicant to take the examination, the board must complete its investigation and report its recommendation to the supreme court by June 1 of the year immediately following the date on which the applicant is successful on the July examination, or by January 1 of the year immediately following the date on which the applicant is successful on the February examination, unless the supreme court otherwise orders.

      Nothing herein contained shall be construed to prevent the board from calling to the attention of the court before final admission matters occurring subsequent to the final approval by the board or matters discovered subsequent to final approval.

      4.  An applicant may voluntarily withdraw the application for admission to practice law at any time prior to the date of the examination by filing a written notice of withdrawal with the admissions director. Except as otherwise provided in subsection (3) of this rule, an applicant’s failure to appear for the examination or to complete all admissions requirements by January 31 of the year following the date on which the July examination is given, or by August 31 of the year in which the February examination is given, shall constitute a withdrawal of the application. The admissions director shall immediately notify the clerk of the supreme court and the chair of the board of bar examiners of the withdrawal of an application, and shall also notify the applicant in those instances in which withdrawal of the application is due to the applicant’s failure to appear for the examination or to complete all admissions requirements.

      [As amended; effective May 28, 2003.]

      Rule 57.  Power of board of bar examiners to conduct hearings.

      1.  The board of bar examiners shall have the power to conduct hearings on the qualifications of applicants for admission and may take and hear relevant evidence, administer oaths and affirmations, and compel by subpoena the attendance of witnesses and the production of books, papers and documents, subject to the Supreme Court Rules.

      2.  Any member of the board of bar examiners may administer oaths.

      Rule 58.  Applicant to have opportunity to rebut.  Upon conclusion of any testimony before the board of bar examiners, and at a further hearing if necessary, the applicant shall be given a reasonable opportunity to rebut or explain the same.

 

      Rule 59.  Notice.

      1.  Whenever an applicant is required to appear before the board of bar examiners at a hearing, the applicant shall be entitled to 5 days’ notice thereof if served personally with such notice, and to 10 days’ notice if served by mail at the applicant’s last-known address.

      2.  The written notice to appear before the board shall include a general statement of the matters to be inquired into at the hearing and need not specify with particularity matters to be inquired into. If the hearing is concerned with character qualifications for admission, it is sufficient if the general notice contains a statement in substantially the following form: “Matters concerning your character and fitness qualifications for admission to practice will be inquired into at the hearing.”

      3.  If testimony from witnesses called by the board, other than the applicant, is to be taken at any hearing before the board, the applicant shall be entitled to notice of that fact. No other notice or statement shall be required.

      4.  The applicant shall be entitled to be present, together with counsel, if desired, at any hearing before the board at which testimony is taken, during the taking of testimony, and the applicant shall be advised of that fact in any notice as provided by these rules.

      [As amended; effective December 11, 1991.]

      Rule 60.  Testimony of witnesses.  Testimony of a witness or witnesses may be taken under oath at a hearing before the board of bar examiners, or by deposition as provided in Rule 61, or by affidavit. Nothing herein contained shall be construed to prevent the board from considering the confidential reports and materials submitted by the National Conference of Bar Examiners and the reports, recommendations, exhibits and transcripts of proceedings of local administrative committees.

      Rule 61.  Depositions; discovery.

      1.  In connection with any application for admission, the board of bar examiners shall have the power to take depositions and to employ any of the discovery procedures provided by the Nevada Rules of Civil Procedure.

      2.  For the purposes of this rule, the board of bar examiners and the applicant shall be considered adverse parties. Orders to enforce such procedures shall be sought by application of the board of bar examiners to the supreme court, and any application for relief under this rule shall be addressed to the supreme court.

      3.  If an applicant unreasonably fails to comply with requests for discovery under this rule, this alone shall be ground for a recommendation by the board of bar examiners for denial of admission, or the supreme court may impose any of the sanctions authorized by the Nevada Rules of Civil Procedure and may deny admission.

      4.  Upon application by the board, the court, or any justice thereof, shall have power to order issuance of any mandate, writ or commission necessary to procure witnesses to be compelled to attend and to testify on deposition outside the State of Nevada pursuant to the Uniform Foreign Depositions Act, or any other applicable law in force where the witness may be found.

      5.  This rule shall be applicable to applications filed before, as well as to applications filed after, the effective date of this rule.

 

      Rule 62.  Subpoenas and compulsion of testimony.

      1.  In conducting investigations and hearings into the qualifications of an applicant for admission, the board of bar examiners shall have the power to compel the attendance of witnesses and the production of books, papers and documents pertaining to the matter under investigation by subpoena issued by the clerk or any justice of the supreme court.

      2.  On request in writing by a member of the board of bar examiners or the admissions director of the state bar, the clerk of the supreme court may issue subpoenas in blank.

      3.  The applicant shall have the power to compel the attendance of witnesses, and the production of books, papers and documents pertaining to the matter under investigation; but the applicant shall not have the power to compel attendance of any member of the board of bar examiners or of the board of governors, nor shall the state bar or the board of bar examiners be compelled to produce its books, papers and documents pertaining to the matter under investigation. When an applicant requests subpoenas pursuant to this rule, the applicant shall make such request in writing to the admissions director of the state bar and shall accompany the written request therefor with the names of the persons to be subpoenaed, together with necessary witness fees and mileage as required by Nevada Revised Statutes.

      4.  No witness shall be compelled to attend a hearing from outside the county where such hearing is held unless such witness resides within 100 miles of the place of hearing. Subpoenas shall be issued in the same form and manner, except as otherwise provided by these rules, as provided in the Nevada Rules of Civil Procedure.

      5.  Whenever any person subpoenaed to appear and give testimony or to produce such books, papers or documents as required by subpoena refuses to appear or to produce the books, papers or documents required, or to testify before the board of bar examiners, or whenever any person before the board refuses to answer any pertinent or proper question, that person shall be deemed in contempt of the supreme court.

      6.  Attendance of witnesses, inspection of documents and materials, and compulsion of testimony on deposition outside the State of Nevada may be required in the same manner as is provided for in civil matters.

      [As amended; effective December 11, 1991.]

      Rule 63.  Form of subpoena.  The subpoena, under Rule 62 for the attendance of witnesses at hearings before the board of bar examiners, or at the taking of depositions, may be substantially in the following form:

 

(Title of Proceeding)

 

SUBPOENA

 

To .................................................. (name of witness):

      You hereby are directed to appear and attend before the board of bar examiners of the State Bar of Nevada, at a meeting thereof to be held at ................................, ................................ County of ................................ State of Nevada, on the ................ day of ................, 20......, at the hour of ................ o’clock ......M., then and there to testify in the above-entitled matter. (If the production of documents or other physical things is desired, add “and you further are directed to bring and have with you at such time and place the following: ..................................................”)

      For failure to appear and attend (add in proper cases “or to bring and have with you the items above mentioned”) as herein required, you will be deemed to be in contempt of the Supreme Court of Nevada.

 

Dated: ................................, 20......

      Supreme Court of Nevada

      By

 

      Rule 64.  Recommendation to supreme court for denial of admission for failure to meet requirements of Rule 51.

      1.  Where the board of bar examiners recommends to the supreme court that an applicant be denied admission with or without prejudice to the bar for failure to meet the requirements of S.C.R. 51(2), (4), (5), (6), (7), (8), or (9), the grounds for the recommendation and the conditions, if any, to be imposed on denials without prejudice, shall be stated in writing and shall be promptly filed with the clerk of the supreme court, together with proof of service of the recommendation upon the applicant.

      2.  Any applicant so notified may, within a period of 30 days from service of the notice, file a verified petition for review with the supreme court, which shall be accompanied by proof of service of a copy thereof upon the admissions director and chairman of the board of bar examiners. Service by mail is complete upon mailing. Such petition shall contain any relevant documentation necessary for the court’s understanding of the matter, a statement of facts supported by adequate citation to any record, and legal points and authorities setting forth the legal basis for each ground upon which the board’s recommendation is alleged to be erroneous. If the court is of the opinion that the board’s recommendation should not be disturbed, it may deny the petition. Otherwise, the court may enter an order fixing time within which an answer may be filed by the board of bar examiners. Should the court determine that the petitioner is entitled to relief, it may direct the board of bar examiners to take such action as is deemed warranted under the circumstances.

      3.  In any proceeding before the board of bar examiners, or before the supreme court, the applicant shall have the burden of proving that the applicant meets the qualifications required for admission to practice in this state. Should an applicant fail to meet this burden of proof, the court shall refuse to disturb the adverse recommendation of the board of bar examiners.

      [As amended; effective December 1, 1994.]

      Rule 65.  Multistate bar examination; time, date, place of examinations.

      1.  All applicants determined to be eligible for examination for licenses to practice as attorneys and counselors at law in this state shall be examined semi-annually by the board of bar examiners by administering to all applicants a written bar examination consisting of two parts. One part shall be the Multistate Bar Examination prepared by the National Conference of Bar Examiners. The other part shall be a two-day essay examination. The essay examination shall include eight essay questions covering the subjects listed in Rule 66 and, beginning with the 1997 July examination, may include one or more Performance Test question(s) covering the skills listed in Rule 66. Each part shall be given on successive days. The same subjects may be covered on both parts. In grading the examination, the essay examination shall be entitled to at least twice the weight of the Multistate Bar Examination. Unless otherwise specified in these rules, the two-part examination required by this rule may be referred to as “the examination.”

      2.  The board of bar examiners shall have the power to conduct the written bar examination at such place or places in the State of Nevada as are designated by it.

      3.  At least 30 days before each examination, or within such further time as the court may permit, the board of bar examiners shall file with the supreme court for approval a proposed formula upon which the Multistate Bar Examination results will be applied with the other portions of the total examination results. In addition, at least 30 days before each examination, or within such further time as the court may permit, the board of bar examiners shall file with the supreme court for approval a proposed formula for grading the entire examination.

      [As amended; effective May 28, 2003.]

      Rule 65.5.  Multistate Professional Responsibility Examination.  Prior to the admission to the practice of law, and not earlier than 3 years preceding the year in which an applicant passes the examination required by Rule 65, and no later than 3 years after the year in which an applicant passes said examination, an applicant shall take and pass the Multistate Professional Responsibility Examination. There is no limit to the number of times an applicant may take the Multistate Professional Responsibility Examination during such period, but if an applicant does not pass the Multistate Professional Responsibility Examination during such period, an applicant must be reexamined as required by Rule 65. The Multistate Professional Responsibility Examination need not be taken in the State of Nevada.

      [Added; effective December 10, 1983; amended effective September 30, 2004.]

      Rule 66.  Examinations: Subjects.

      1.  The essay examination shall be comprised of eight questions prepared by the board of bar examiners of the state bar, and, beginning with the July 1997 examination, may include one or more Performance Test question(s). The essay examination shall test applicants on legal ethics and may test applicants on their knowledge of the following subjects: constitutional law; evidence; contracts; criminal law and procedure; real property; torts; remedies; community property; conflict of laws; persons and domestic relations; corporations; agency and partnership; wills, estates and trusts; Uniform Commercial Code (Articles 2, 3, and 9); and pleadings and practice under the Nevada Rules of Civil Procedure and the Federal Rules of Civil Procedure. The Performance Test question(s) may test applicants on their knowledge of the following skills: problem solving, legal analysis and reasoning, factual analysis, communication, organization and management of a legal task, and recognizing and resolving ethical dilemmas. The essay examination shall test applicants on legal ethics and may test applicants on their knowledge of both fundamental legal principles and Nevada law.

      2.  Questions may embrace more than a single subject.

      [As amended; effective April 4, 1996.]

      Rule 67.  Limitations on number of applications.  An applicant who has been denied admission with prejudice for failure to meet the necessary character requirements shall not thereafter again be permitted to apply for admission.

      [As amended; effective June 24, 1998.]

      Rule 67.5.  Examinations: Special accommodations and procedures for applicants with impaired sensory or manual skills.

      1.  Upon the request of an applicant and demonstration of good cause, the board of bar examiners shall, at no additional cost to the applicant, provide such special examination accommodations and employ such special examination procedures as the board deems reasonable and necessary to ensure that the examinations provided for in these rules accurately measure the applicant’s qualifications for a license to practice as an attorney and counselor at law in this state, and to ensure that the results of such examinations fairly reflect the applicant’s qualifications.

      2.  The board of bar examiners shall have the power to require an applicant who submits a request pursuant to this rule to provide the board with such documentation as the board deems reasonable and necessary in order to establish:

      (a) That the request is made in good faith;

      (b) That special examination accommodations or procedures are warranted; and

      (c) The nature and extent of special examination accommodations or procedures that are warranted.

      3.  Any request by an applicant made pursuant to this rule shall be submitted in writing to the admissions director of the state bar at the time of filing of the application for admission and all petitions and supporting documentation must be submitted to the admissions director no later than June 1 if the application is for the following July examination, or no later than January 1 if the application is for the following February examination.

      [Added; effective November 26, 1991; amended effective May 28, 2003.]

      Rule 68.  Transmittal of examinations, certificates and recommendations of board of bar examiners to court.

      1.  When the board of bar examiners has completed any investigation that it deems necessary and the examination has been completed and reduced to writing, the board of bar examiners shall transmit to the court its certificate:

      (a) Showing whether or not the applicant has met the requirements of Rule 51; and

      (b) Containing the statement that:

             (1) The applicant was examined by the board of bar examiners;

             (2) The applicant had no knowledge or intimation of the nature of any of the questions to be propounded before the same were asked by the board of bar examiners;

             (3) The answers to each and all of the questions, except research questions, were taken down as given by the applicant without reference to any books or outside aid; and

             (4) The board of bar examiners feels that the applicant fulfills or does not fulfill the requirements for admission to practice, and a recommendation for or against such admission.

      2.  The board of bar examiners may defer for a reasonable period the making of a report on any applicant whose background investigation has not been completed, notwithstanding the fact that such applicant has passed the written bar examination. The mere fact that an applicant has passed the written bar examination does not automatically entitle such applicant to admission. The board nevertheless must make such report no later than June 1 of the year after the July examination is taken, or January 1 of the year after the February examination is taken, unless the supreme court otherwise orders.

      3.  When the board has completed grading examination papers and rendered its report pursuant to subsection 1 above, it shall promptly transmit to the supreme court its report of the grades received by the applicants, together with the board’s examination questions and such further papers as the court may deem appropriate.

      4.  Neither a member of the board of bar examiners nor the admissions director or any other person may release the results of the bar examination prior to the supreme court’s receipt of an accurate report of such results. It shall be deemed a contempt of the supreme court to release the bar examination results in violation of this rule.

      5.  Except as otherwise provided by these rules, the board’s report shall remain confidential and shall be retained by the clerk of the supreme court indefinitely. Nothing in these rules, however, shall preclude an applicant from obtaining the applicant’s own grade on the bar examination.

      [As amended; effective May 28, 2003.]

      Rule 69.  Passing grade; admission by court.

      1.  Upon receipt of a recommendation for admission from the board of bar examiners, the court may admit to the practice of law any and all applicants so recommended having a total scale score of not less than 75.00 on the examination, a scale score of not less than 75.00 on each of at least three essay questions, and a scale score of not less than 85.00 on the Multistate Professional Responsibility Examination.

      2.  A July applicant’s failure to meet all the qualifications for admission by January 31 of the year immediately following the date of the examination, or a February applicant’s failure to meet all qualifications for admission by August of the year of the examination, shall constitute a withdrawal of the application, unless the supreme court otherwise orders. Except during February and July, the board of bar examiners shall submit monthly petitions to the supreme court respecting the admission results. The board of bar examiners may submit further petitions to the supreme court as ordered by the supreme court.

      3.  The names of the applicants admitted to the practice of law in the state shall be promptly published in the state bar publication.

      [As amended; effective May 28, 2003.]

      Rule 70.  Applicants not recommended for admission: Notice.  The board of bar examiners shall provide notice to an applicant, at the applicant’s address given in the application, whenever the board recommends that such applicant be denied admission for failure to pass the examination. The board shall file proof of service of such notice in the supreme court. There shall be no right of appeal or review as to the examination or its results.

      [As amended; effective June 24, 1998.]

      Rule 70.5.  Confidentiality.  Except as otherwise provided by these rules, the contents of any application for admission to practice law in this state, the results of any investigation, including the transcript of any hearing, documentation regarding the application or applicant, and the grades of an individual applicant shall remain confidential. A petition for review filed in the supreme court pursuant to these rules shall remain confidential. An applicant may waive confidentiality with respect to such petition by filing a verified statement with the supreme court clerk.

      [As amended; effective December 1, 1994.]

      Rule 71.  Examination of examination papers, grades by applicant not recommended for admission.  With the exception of the Multistate Bar Examination and the Multistate Professional Responsibility Examination, any applicant not recommended for admission by the board of bar examiners shall have the right to inspect the applicant’s examination papers, the questions given and the ratings thereof at any time after the supreme court has received the report of the board of bar examiners recommending that the applicant be denied admission. The bar examination answers of all applicants recommended for admission shall be retained for one year. The bar examination answers of applicants not recommended for admission shall be retained for three years from the date of the bar examination.

      [As amended; effective December 11, 1991.]

      Rule 72.  Review when applicant not recommended for failure to meet character, other standards.

      1.  If an applicant is notified that the applicant has failed to qualify in any particular other than failure to pass the written examination or the Multistate Professional Responsibility Examination the applicant shall have the burden of proof to satisfy the court that the applicant should be admitted.

      2.  If an applicant has failed to qualify in the opinion of the board of bar examiners by reason of failure to meet the character standards required by the board of bar examiners, the applicant shall be entitled to review all of the reports except confidential reports regarding the applicant’s character submitted by the board of bar examiners.

      3.  There is reserved to the board of bar examiners the right to base its opinion regarding an applicant’s character upon confidential reports, provided such reports are reduced to writing and submitted to the court for its confidential information.

      [As amended; effective June 24, 1998.]

      Rule 72.1.  Admission of legal services members.

      1.  Requirements.  Notwithstanding the provisions of Rule 49, an attorney who is admitted to practice law in any other jurisdiction, and who becomes employed by or associated with an organized legal services program funded from state, federal or recognized charitable sources and providing legal assistance to indigents in civil matters, may be admitted to practice before all courts of this state subject to the conditions of this rule and to such further conditions as the court may hereafter direct.

      2.  Application and certification.  An attorney applying for admission under this rule shall file an application for admission with the admissions director as provided in S.C.R. 56(1). The application shall be accompanied by:

      (a) Satisfactory evidence that the attorney has graduated from a law school approved by the American Bar Association;

      (b) A certificate of good standing indicating that the attorney has been admitted to practice law in another jurisdiction;

      (c) A certificate that the attorney has taken and passed either the Multistate Professional Responsibility Examination with a scale score of at least 85 or an equivalent course in ethics taken during the attorney’s law school attendance;

      (d) Certification by the supervising attorney that he or she believes that the attorney possesses the requisite character and fitness to practice law in this state; and

      (e) A certificate executed by the executive director of the organized legal services program that the attorney will be acting in connection with such program and under the supervision of a member in good standing of the State Bar of Nevada.

      (f) A non-refundable application fee of $250.

      3.  Character and fitness determinations.  The admissions director shall submit the application to the board of bar examiners for a determination that the applicant meets the qualifications of S.C.R. 51.

      4.  Certification and recommendation to the supreme court.  If, after such investigation as the board of bar examiners may deem necessary, it concludes that a prospective legal services attorney possesses the requisite moral character and fitness required of all other applicants for admission to practice law in the State of Nevada, the board shall recommend said individual for legal services membership in the State Bar of Nevada and shall transmit to the supreme court a certificate,

      (a) Showing whether the attorney has met the requirements of Rule 51; and

      (b) Containing a statement that the board of bar examiners believes that the applicant fulfills or does not fulfill the requirements for admission to practice under this rule.

      5.  Admission by the supreme court.  Upon a positive recommendation by the board of bar examiners and fulfillment of all other requirements imposed by this rule, the court may, in its discretion, admit a qualified individual as a legal services member of the State Bar of Nevada.

      6.  Rights and responsibilities.  Except for the limitations as set forth in paragraphs 7 and 8 of this rule, attorneys admitted to practice under this rule are subject to the same rules and regulations as active members of the state bar, including the obligation to pay annual membership dues in accordance with S.C.R. 98(9) and to comply with requirements regarding continuing legal education. Attorneys admitted to practice under this rule shall be subject to the jurisdiction of the courts and disciplinary boards of this state with respect to the laws of this state governing the conduct of attorneys to the same extent as other members of the State Bar of Nevada. Pending final disposition of any such matter, the court may suspend any right to practice that is granted under this rule, without notice or hearing.

      7.  Limitations.  An attorney admitted to practice under this rule shall perform no legal services within the State of Nevada except for clients aided under the auspices of the organized legal services program by which the attorney is employed or with which he or she is associated and for such purposes only, and the attorney shall not accept any compensation for such services except such salary as may be paid him by said organized legal services program or by a governmental body or charitable institution to enable him to work for said legal services program. All pleadings signed by an attorney admitted to practice under this rule shall bear the name and office address, and be signed on behalf of, the attorney in charge of the organized legal services program concerned, who shall be an attorney fully licensed to engage in the general practice of law within the State of Nevada, and who shall be deemed the attorney of record in the cases wherein such pleadings are filed.

      8.  Termination of legal services membership.  Admission to practice under this rule shall terminate whenever the attorney ceases to be employed by or associated with the particular legal services program. When an attorney admitted under this rule ceases to be so employed or associated, the executive director of the particular legal services program with which said attorney was employed or associated shall file immediately a statement to that effect with the clerk of this court and the admissions director. Attorneys admitted to practice under this rule who cease to be employed by or associated with a particular legal services program shall not retain membership with the State Bar of Nevada and shall not be considered for active membership unless they have made application for admission and have been examined in accordance with Rules 49 to 75, inclusive, in the same manner as all other applicants.

      9.  Temporary certification.  The state bar, pending its review of an application for admission under this rule, may temporarily certify an attorney to practice under this rule. Such temporary certification shall in no event remain in effect longer than 1 year.

      10.  Applicability.  This rule is applicable notwithstanding any rule of the court governing admission to the bar which:

      (a) Is in effect on the effective date of this rule; or

      (b) Becomes effective thereafter, except any such rule specifically referring to this rule.

      [Added; effective March 8, 2002; amended effective January 1, 2008.]

      Rule 72.3.  Admission of general law faculty members.

      1.  Requirements.  Notwithstanding any other provisions of these rules, upon compliance with the requirements of this rule and a positive recommendation from the board of bar examiners, the supreme court may admit an individual to practice law in this state provided that such individual has furnished satisfactory evidence that he or she has graduated from a law school approved by the American Bar Association; has been admitted to practice law in another state, federal territory or commonwealth or the District of Columbia for at least 5 years; has taken and passed either the Multistate Professional Responsibility Examination with a scale score of at least 85 or an equivalent course in ethics taken during his or her law school attendance; and who is a dean, associate dean or regular, full-time member of the general faculty of the William S. Boyd School of Law.

      2.  Application and certification.  An individual applying for faculty membership shall file an application for admission with the admissions director as provided in S.C.R. 56(1). Prospective faculty members shall pay the state bar an application fee of $150 at the time the application is filed. The application shall further be accompanied by a certificate of good standing indicating that the prospective faculty member has been admitted to practice law in another jurisdiction, and has been a member in good standing in such jurisdiction for at least 5 years, together with:

      (a) A certificate executed by the president of the University of Nevada Las Vegas or the dean of the law school stating that the applicant is a full-time dean, associate dean or faculty member of the William S. Boyd School of Law;

      (b) Certification by the president or the dean that he or she believes that the applicant possesses the requisite character and fitness to practice law in this state.

      3.  Character and fitness determinations.  The admissions director shall submit the application to the board of bar examiners for a determination that the applicant meets the qualifications of S.C.R. 51.

      4.  Certification and recommendation to the supreme court.  If, after such investigation as the board of bar examiners may deem necessary, it concludes that a prospective faculty member possesses the requisite moral character and fitness required of all other applicants for admission to practice law in the State of Nevada, the board shall recommend said individual for faculty membership in the State Bar of Nevada and shall transmit to the supreme court a certificate,

      (a) Showing whether the prospective faculty member has met the requirements of Rule 51, and

      (b) Containing a statement that the board of bar examiners believes that the applicant fulfills or does not fulfill the requirements for admission to practice under this rule.

      5.  Admission by the supreme court.  Upon a positive recommendation by the board of bar examiners and fulfillment of all other requirements imposed by this rule, the court may, in its discretion, admit a qualified individual as a faculty member of the State Bar of Nevada.

      6.  Rights and responsibilities of faculty members.  Except for the limitations as set forth in paragraphs 7 and 8 of this rule, faculty members who are admitted to the bar under the provisions of this rule shall have all the rights and obligations in accordance with these rules as all other active members of the state bar, including the obligation to pay annual dues in accordance with S.C.R. 98(9), and shall be subject to the jurisdiction of the courts and disciplinary boards of this state with respect to the laws of this state governing the conduct of attorneys to the same extent as other members of the State Bar of Nevada.

      7.  Limitations.  Faculty members shall limit their practice hours in accordance with the limits imposed by the William S. Boyd School of Law, and shall in no event engage in compensated practice in Nevada for more than an average of eight hours per week during each calendar year. This limitation is inapplicable to pro bono representation or criminal defense representation undertaken pursuant to court order.

      8.  Termination of faculty membership.  Faculty members who terminate their full-time faculty status at the William S. Boyd School of Law shall not retain faculty membership with the State Bar of Nevada and shall not be considered for active membership unless they have made application for admission and have been examined in accordance with Rules 49 to 75, inclusive, in the same manner as all other applicants.

      9.  Reporting.  The dean of the William S. Boyd School of Law shall annually advise the executive director of the state bar that faculty members who have been admitted to the bar under the provisions of this rule have complied with the reporting requirements under university rules and the limits imposed by paragraph 7 of this rule. At the end of a two-year and four-year period following adoption of this rule, the dean of the William S. Boyd School of Law shall report to the chief justice of the supreme court, as well as the board of governors and the board of bar examiners of the State Bar of Nevada as to how the rule has operated.

      [Added; effective August 14, 2000.]

      Rule 72.5.  Admission of law faculty members of The National Judicial College.

      1.  Requirements.  Notwithstanding any other provisions of these rules, upon compliance with the requirements of this rule the supreme court may admit an individual to practice law in this state provided that such individual has furnished satisfactory evidence that he or she has graduated from a law school approved by the American Bar Association; has been admitted to practice law in another state, federal territory or commonwealth or the District of Columbia for at least 5 years; has taken and passed either the Multistate Professional Responsibility Examination with a scale score of at least 85 or an equivalent course in ethics taken during his or her law school attendance; and who is the president, dean or academic director of The National Judicial College in Reno, Nevada, including the director of The National Center for the Courts and Media.

      2.  Application and certification.  An individual applying for admission to practice law in this state under the provisions of this rule shall file the application with the admissions director as provided in S.C.R. 56(1). The application shall further be accompanied by:

      (a) A certificate executed by the chair of the board of directors of The National Judicial College or The National Center for the Courts and Media stating that the applicant is the president, dean or academic director of The National Judicial College, or is the director of The National Center for the Courts and Media, and has been so engaged for at least 2 years.

      (b) An appropriate certificate stating that the applicant has been admitted to practice law in another jurisdiction and has been a member in good standing of the bar of such other jurisdiction for at least 5 years.

      (c) The application fee required by S.C.R. 54(2).

      3.  Character and fitness determination.  The admissions director shall submit the application to the board of bar examiners for a determination that the applicant meets the qualifications of S.C.R. 51.

      4.  Certification and recommendation to the supreme court.  When the board of bar examiners has completed any investigation that it deems necessary, the board shall transmit to the supreme court a certificate:

      (a) Showing whether or not the applicant has met the requirements of Rule 51; and

      (b) Containing a statement that the board of bar examiners believes that the applicant fulfills or does not fulfill the requirements for admission to practice under this rule, and a recommendation for or against such admission.

      5.  Admission by the supreme court.  Upon a positive recommendation by the board of bar examiners and fulfillment of all other requirements imposed by this rule, the court may, in its discretion, admit a qualified individual as an active member of the State Bar of Nevada. An individual admitted to practice under this rule who ceases to be employed by The National Judicial College or The National Center for the Courts and Media retains active membership in the State Bar of Nevada and shall not be required to make a separate application for admission or be examined in accordance with Rules 49 to 75.

      [Added; effective June 15, 1967; amended effective June 27, 2003.]

      Rule 73.  Attorney’s oath.  Upon being admitted, each applicant shall take and subscribe to the following oath:

 

      I DO SOLEMNLY SWEAR, OR AFFIRM, THAT:

      I will support the Constitution and government of the United States and of the State of Nevada;

      I will maintain the respect due to courts of justice and judicial officers;

      I will support, abide by and follow the Rules of Professional Conduct as are now or may hereafter be adopted by the Supreme Court; and

      I will faithfully and honestly discharge the duties of an attorney at law to the best of my knowledge and ability.

      [As amended; effective January 1, 1990.]

      Rule 74.  Certificate and license; fees.

      1.  If an applicant for a license to practice as an attorney and counselor at law is duly qualified, the supreme court shall admit the applicant as an attorney and counselor at law in all the courts of this state, and shall direct an order to be entered to that effect upon its records. The applicant shall be issued a certificate of such record, which certificate shall be the license.

      2.  Every person before receiving a license to practice law shall pay the fee required by NRS 7.030. This fee shall be included as part of the filing fee for the application for admission to practice law, shall be paid at the time of filing said application, and shall not be refunded for any reason.

      [As amended; effective September 12, 2011.]

      Rule 75.  Entry on roll of attorneys of district court.  Any district court may order to be entered upon its roll of attorneys the name of any person who produces a license given to him by the clerk of the supreme court, as provided in these rules.

 

C.  STATE BAR OF NEVADA

      Rule 76.  State Bar of Nevada: Public corporation; powers.

      1.  The State Bar of Nevada, a public corporation heretofore created by statute, shall govern the legal profession in this state, subject to the approval of the supreme court. The state bar is under the exclusive jurisdiction and control of the supreme court and is an association of persons now or hereafter regularly licensed to practice law in the State of Nevada.

      2.  The state bar has perpetual succession and a seal and it may sue and be sued. It may, for the purpose of carrying into effect and promoting its objectives, make contracts, own, hold, use, manage and deal in and with real and personal property, subpoena witnesses for the purpose of aiding in cases of discipline, suspension or disbarment, or application for admission, and do all other acts incidental to the foregoing or necessary or expedient for the administration of its affairs and the attainment of its purposes.

      Rule 77.  Membership in state bar required; exceptions.  Subject to Rules 42 and 43, no person may practice law as an officer of the courts in this state who is not an active member of the state bar. All persons who are admitted to practice in accordance with Rules 49 to 75, inclusive, shall become by that fact members of the state bar.

      Rule 78.  Active members.  Every person licensed to practice law in this state shall be deemed an active member of the state bar until at his request he is enrolled as an inactive or retired member, or other classification.

 

      Rule 78.5.  Maintenance of trust funds in approved financial institutions; overdraft notification.

      1.  Clearly identified trust accounts in approved financial institutions required.

      (a) Active members of the State Bar of Nevada shall deposit all funds held in trust in this jurisdiction in accordance with S.C.R. 165 in accounts clearly identified as “trust” or “escrow” accounts, referred to herein as “trust accounts,” and shall take all steps necessary to inform the depository institution of the purpose and identity of the accounts. Funds held in trust include funds held in any fiduciary capacity in connection with a representation, whether as trustee, agent, guardian, executor or otherwise. Lawyer trust accounts shall be maintained only in financial institutions approved by the State Bar.

      (b) Every lawyer engaged in the practice of law in the State of Nevada shall maintain and preserve for a period of at least five years, after final disposition of the underlying matter, the records of the accounts, including checkbooks, cancelled checks, check stubs, vouchers, ledgers, journals, closing statements, accountings or other statements of disbursements rendered to clients or other parties with regard to trust funds or similar equivalent records clearly and expressly reflecting the date, amount, source, and explanation for all receipts, withdrawals, deliveries and disbursements of the funds or other property of a client, and make such records available to the State Bar for inspection upon request.

      2.  Overdraft notification agreement required.  A financial institution shall be approved as a depository for lawyer trust accounts if it files with the State Bar an agreement, in a form provided by the State Bar, to report to the State Bar counsel whenever any properly payable instrument is presented against a lawyer trust account containing insufficient funds, irrespective of whether or not the instrument is honored. The State Bar shall establish rules governing approval and termination of approved status for financial institutions, and shall annually publish a list of approved financial institutions. No trust account shall be maintained in any financial institution that does not agree to so report. Any such agreement shall apply to all branches of the financial institution and shall not be cancelled except upon thirty days notice in writing to the State Bar.

      3.  Overdraft reports.  The overdraft notification agreement shall provide that all reports made by the financial institution shall be in the following format:

      (a) In the case of a dishonored instrument, the report shall be identical to the overdraft notice customarily forwarded to the depositor, and should include a copy of the dishonored instrument, if such a copy is normally provided to depositors;

      (b) In the case of instruments that are presented against insufficient funds but which instruments are honored, the report shall identify the financial institution, the lawyer or law firm, the account number, the date of presentation for payment, and the date paid, as well as the amount of overdraft created thereby.

      4.  Timing of reports.  Reports under paragraph 3 shall be made simultaneously with, and within the time provided by law for notice of dishonor, if any. If an instrument presented against insufficient funds is honored, then the report shall be made within five banking days of the date of presentation for payment against insufficient funds.

      5.  Consent by lawyers.  Every active member of the State Bar shall, as a condition of maintaining active membership in the State Bar, be conclusively deemed to have consented to the reporting and production requirements mandated by this Rule.

      (a) Certification of compliance with this Rule and consent shall be acknowledged as part of every active member’s annual licensing form. A member shall immediately file with the State Bar an updated certificate of compliance and consent upon:

             (1) any change of law firm affiliation;

             (2) opening of any trust account with a financial institution; or

             (3) the utilization of any trust account for which there is no certification and consent on file with the State Bar for said active member.

      6.  Costs.  Nothing herein shall preclude a financial institution from charging a particular lawyer or law firm for the reasonable costs of producing the reports and records required by this Rule.

      7.  Financial institution immunity.  A financial institution shall not be liable for damages to any person or entity for any erroneous overdraft report filed in good faith or for the unintentional failure to comply with this Rule.

      8.  Definitions.  For purposes of this Rule:

      (a) “Financial institution” includes a bank, savings and loan association, credit union, savings bank, and any other business or person located in this state that accepts for deposit funds held in trust by lawyers.

      (b) “Properly payable” refers to an instrument which, if presented in the normal course of business, is in a form requiring payment under the laws of this jurisdiction.

      9.  Suspension for non-compliance.  All active members shall meet the certification and consent requirements of this rule within 30 days of the effective date of this rule or of becoming an active member of the State Bar. Active members who fail to meet the requirements of this rule shall be notified of their non-compliance, in writing, by the State Bar. Upon the expiration of 30 days from the date the State Bar sends the member notice of non-compliance, said member shall be suspended from membership in the State Bar, but may be reinstated upon filing the certificate of compliance and consent with the State Bar. Additionally, clients’ funds which are nominal in amount or to be held for a short period of time shall also be deposited and maintained in accordance with the provisions of Rule 217.

      [Added; effective February 10, 1991; amended effective July 5, 2011.]

      Rule 79.  Disclosures by members of the bar.

      1.  Every member of the state bar, including active, nonresident active and inactive members, shall provide to the state bar, for the purposes of state bar communications, the following:

      (a) A permanent mailing address;

      (b) A permanent telephone number; and

      (c) A current e-mail address.

      2.  Every member of the state bar shall disclose to the state bar the following information:

      (a) Whether the lawyer is engaged in the private practice of law;

      (b) Whether the lawyer is engaged as a full-time government lawyer or judge, or is employed by an organizational client and does not represent clients outside that capacity, or is not currently representing clients; and

      (c) If engaged in the private practice of law, whether the lawyer maintains professional liability insurance, and if the lawyer maintains a policy, the name and address of the carrier.

      3.  Every member of the state bar shall inform the state bar of any change in any of the information disclosed under this rule within 30 days after any such change. The member shall report a change of address, telephone number or e-mail address online.

      4.  Every member of the state bar shall certify annually on a form provided by the state bar the information required under this rule.

      5.  The information submitted under this rule shall be nonconfidential, but upon request of a member, the state bar will not publicly disclose a member’s e-mail address.

      6.  Any member who fails to provide the state bar with the information required by this rule shall be subject to a fine of $150 and/or suspension upon order of the board of governors and/or the supreme court from membership in the state bar until compliance with the requirements of this rule and/or until reinstatement is ordered by the supreme court. A member may apply for a one-year hardship exemption from the e-mail provision on a form provided by the state bar. Supplying false information in response to the requirements of this rule shall subject the lawyer to appropriate disciplinary action.

      7.  The state bar shall provide the board of continuing legal education with an annual membership roster within 60 days of the due date for annual membership fees and registration forms.

      [As amended; effective October 21, 2011.]

      Rule 80.  Board of governors: Government of state bar.  The state bar shall be governed by a board of governors, which shall have the powers and duties conferred in Rules 85 and 86.

 

      Rule 81.  Board of governors: Election of members; term.

      1.  The board of governors shall hold office until their successors are elected and qualified as hereinafter provided.

      2.  The board of governors of the state bar shall be composed of 15 members to be elected as follows:

      (a) Nine members shall be elected from district No. 1, which shall consist of Clark County;

      (b) One member shall be elected from district No. 2, which shall consist of the counties of White Pine, Elko, Eureka, Churchill, Lander, Humboldt, Lyon, Lincoln, Douglas, Mineral, Nye, Esmeralda, Pershing and Storey;

      (c) One member shall be elected from district No. 3, which shall consist of Carson City; and

      (d) Four members shall be elected from district No. 4, which shall consist of Washoe County.

      3.  The members of the board of governors shall be elected for two-year terms. No attorney may serve on the board of governors for more than a lifetime total of eight years. The time served in filling a partial term created by a vacancy shall not be included in computing the eight-year lifetime limit, nor shall the eight-year lifetime limit preclude a member of the board who serves as president-elect during his or her eighth year from thereafter serving as president.

      4.  Only active members of the state bar who reside in Nevada and have an official address pursuant to Rule 79 in the respective counties as provided in subsection (2) above, are eligible to be elected as a governor therefrom.

      [As amended; effective July 9, 2008.]

      Rule 82.  Board of governors: Nominations; mailing of ballots; vacancies.

      1.  Within 30 days prior to each annual meeting of the state bar, members of the board of governors shall be elected as provided for in this rule and in Rule 81. An election shall be held in each district where there are enough nominations for governor to constitute a contested race.

      2.  Nominations for governors shall be by petition signed by at least five members entitled to vote for such nominees. The election shall be by ballot. The ballot shall be distributed to those entitled to vote at least 60 days prior to the ensuing annual meeting. In other respects the election shall be as the board of governors shall direct.

      3.  Only active members of the state bar who are residents of Nevada and have an official address pursuant to Rule 79 in the respective counties, as provided in Rule 81(2), shall be entitled to vote for the governor or governors therefrom.

      4.  Vacancies on the board of governors shall be filled by the supreme court by appointment.

      [As amended; effective March 11, 2011.]

      Rule 83.  Nominating petitions for governors: Form; date of filing; determination of sufficiency.

      1.  Nomination for the office of governor from any district shall be in writing and substantially in the same form for all districts, which form shall be prepared by the executive director of the state bar, published in the bar journal, and posted on the bar’s web site. Additional forms shall be available from the bar upon request.

      2.  Nominating petitions shall be certified in the manner prescribed by such forms, and shall be filed in the office of the state bar not later than 75 days nor earlier than 90 days prior to the annual meeting of the state bar.

      3.  Any number of nominating petitions on behalf of a nominee may be filed, but when such nominee has been nominated by five members entitled to vote for such nominee, all signatures in excess of five may be disregarded. The executive director of the state bar is empowered to determine when a nominee is nominated.

      [As amended; effective March 12, 2003.]

      Rule 84.  Voting for board of governors: Preparation of voting list; mailing, voting, custody and counting of ballots.

      1.  All active members of the state bar, who reside in Nevada and who are in good standing 75 days prior to the annual meeting of the state bar, shall be entitled to vote for governors of the state bar at the next-ensuing election. Each such member must have an official address pursuant to Rule 79 in the county in which that member is entitled to vote, as provided in Rule 82(3). The executive director of the state bar shall immediately prepare a voting list of all active members entitled to vote, such list to be open to inspection by members of the state bar. Copies may be furnished to members upon paying the cost of transcribing or printing the same.

      2.  Not less than 60 days prior to the annual meeting of the state bar the executive director shall prepare ballots and prepare and distribute the same to each active member of the state bar. The ballots shall contain the names of the nominees for only the local governor or governors. In any case where it is satisfactorily made to appear to the executive director that a member entitled to vote has not for any reason received a ballot, or that such ballot has been lost or destroyed, the executive director shall furnish a new ballot to the member.

      3.  The executive director shall provide the ballots in such forms as the executive director deems best, in order to facilitate the distribution and counting of the ballots.

      4.  The member shall cast a vote and the executive director shall provide for the return of ballots, not less than 30 days prior to the date of the annual meeting. The vote shall be cast in the manner provided by the executive director, which allows for the counting and validation of ballots.

      5.  The executive director shall have the custody of the ballots after they are voted, until the ballots are counted. The executive director shall maintain any paper ballots received in a locked receptacle designated for each district. Any ballot submitted in a format not provided by the executive director will not be counted.

      6.  The ballots shall be counted within the 30 days prior to the ensuing annual meeting of the state bar, and validated by a neutral third party. The executive director shall certify the result to the president and shall thereafter announce the vote and declare the persons receiving the highest number of votes for the respective offices, or if an uncontested election, provide the names of nominated candidates for governors of the state bar for the ensuing year, commencing upon their taking the oath of office, following the election of officers, at the annual meeting.

      [As amended; effective March 11, 2011.]

      Rule 85.  Duties of board of governors.

      1.  Until further order of the court or amendment of these rules, the board of governors shall be charged with the executive functions of the state bar and the enforcement of the provisions of Rules 49 to 204, inclusive.

      2.  Annually, the board of governors shall have prepared a statement showing the total amount of receipts and expenditures of the state bar for the 12 months preceding. The statement shall include a management representation letter from an accounting firm and a report from the state bar’s accounting department reflecting additional detail in categories that have only broad classifications, and shall be promptly certified by the treasurer to the chief justice of the supreme court.

      3.  The board of governors shall conduct an annual meeting of the state bar at a time and place to be designated by the board, as provided in Rules 94 and 95. At the annual meeting reports of the proceedings by the board of governors since the last annual meeting, reports of other officers and committees and recommendations of the board shall be received. Matters of interest pertaining to the state bar and the administration of justice may be considered and acted upon.

      4.  The board of governors shall develop internal audit controls consistent with guidelines set by the supreme court.

      5.  The board of governors shall adopt regulations governing travel and expenses paid for state bar officials and employees consistent with guidelines set by the supreme court.

      6.  The board of governors shall establish and adhere to a policy relating to purchases of supplies, equipment and services consistent with guidelines set by the supreme court.

      [As amended; effective May 6, 1990.]

      Rule 86.  Powers of board of governors.

      1.  The board of governors, in the name of the state bar, shall have the power to maintain a commercial banking account or savings account, or both, to deposit therein funds of the state bar, and invest funds of the state bar as in paragraph 11 hereof provided, and to make appropriations and disbursements from such funds to pay all necessary expenses for effectuating the purposes of Rules 49 to 204, inclusive, but no member of the board shall receive any other compensation than his necessary expenses connected with the performance of his duties as a member of the board.

      2.  The board of governors shall have the power to establish, publish and maintain a bar journal and to pay necessary expenses in connection with the same.

      3.  The board of governors shall have the power to receive membership fees, bar application fees, advertising revenue and subscription fees in connection with publication of the bar journal, and other fees in connection with the administration of the state bar, and shall promptly deposit the same in a state bar commercial or savings account or invest as provided in paragraph 11 hereof.

      4.  The board of governors shall have the power to appoint such committees, officers and employees as it may deem necessary or proper, and fix and pay salaries and necessary expenses.

      5.  Subject to the laws of this state and the Supreme Court Rules, the board of governors shall have the power to formulate and declare rules and regulations necessary or expedient for the carrying out of Rules 49 to 204, inclusive, and shall fix the time and place of the annual meeting of the state bar, or special meetings thereof.

      6.  With the approval of the supreme court, the board shall have the power to formulate and enforce rules of professional conduct for all members of the state bar in this state.

      7.  Subject to Rules 49 to 75, inclusive, the board of governors shall have the power to govern the admission of members to the practice of law in this state.

      8.  The board of governors shall have the power to issue a recommended minimum fee schedule.

      9.  The board of governors shall have the power to aid in the advance of science of jurisprudence and in the improvement of the administration of justice, to promote reform in the law and in judicial procedure, to uphold and elevate the standard of honor, of integrity and of courtesy in the legal profession, to encourage higher and better education for membership in the profession, and to promote a spirit of cordiality and true friendship among the members of the bar.

      10.  The board of governors shall have further powers in the administration of the state bar as provided in Rule 76.

      11.  In addition to commercial banking or savings accounts, the board of governors shall have the power to invest surplus funds in any of the following investments:

      (a) Time certificates of deposit;

      (b) Bonds and debentures of the United States, the maturity dates of which shall not extend more than 10 years from the date of purchase;

      (c) Bills and Notes of the United States Treasury, the maturity date of which is not more than 10 years from date of purchase;

      (d) Obligations of the United States Postal Service or the Federal National Mortgage Association, the maturity date of which is not more than 10 years from the date of purchase;

      (e) Bonds of federal agencies, where underwritten by or payment is guaranteed by the United States.

      12.  The board of governors shall have the power to establish a committee for resolving fee disputes between attorney and client, and to make attorney arbitration of fee disputes mandatory. Any fee dispute system implemented by the board of governors shall provide that, except where the fee agreement has been established in a continuing relationship, if there is no written agreement between the attorney and the client, the attorney shall bear the burden of proof of all facts, and the attorney shall be entitled to receive no more than reasonable value of services for the work completed; or, if the failure to complete the work was caused by the client, for the work performed. There shall be a right to de novo review in the district court of all awards arising out of any fee dispute system implemented pursuant to this rule.

      [Added; effective May 27, 1970; amended effective January 2, 1996.]

      Rule 86.5.  Board of governors authorized to establish clients’ security fund.

      1.  Establishment.  The board of governors shall maintain, from dues paid by members of the state bar, voluntary contributions and any other sources which may become available, a clients’ security fund for the purpose of providing reimbursement, in whole or in part, as a matter of grace and not of right, to persons who have sustained loss by reason of a dishonest act of a member of the state bar, acting in his capacity as an attorney and counselor at law, in the nature of defalcation or embezzlement of money or the wrongful taking or conversion of money, property or other things of value, and shall provide for the administration of such fund. The board of governors is authorized to invest such funds as is provided for in paragraph 11 of Rule 86.

      2.  Confidentiality.  The clients’ security fund shall maintain the confidentiality of claims for reimbursement, as well as its investigations, proceedings and reports related to claims for reimbursement. After payment of a claim for reimbursement has been authorized, the clients’ security fund may publicize the nature of the claim, the amount of reimbursement, and the name of the lawyer. The name and the address of the claimant shall not be publicized by the clients’ security fund unless specific written permission has been granted by the claimant. This rule shall not be construed to:

      (a) Limit the clients’ security fund from revealing information reasonably necessary to the investigation of claims;

      (b) Deny access to relevant information by professional discipline agencies or other law enforcement authorities as the clients’ security fund shall authorize;

      (c) Prevent the release of statistical information that does not disclose the identity of the lawyer or the parties; or

      (d) Limit the use of such information as is necessary to pursue the clients’ security fund subrogation rights.

      3.  Immunity.  The clients’ security fund members and bar staff shall be immune from civil liability for all acts in the course of their official duties, except acts involving intentional misconduct.

      4.  Subpoena power.  In conducting investigations and hearings pertaining to a claim, the chairperson of the clients’ security fund or his/her designee may issue subpoenas to compel the attendance of witnesses to testify before the clients’ security fund and served in the same manner as subpoenas issued out of the district court. In case of the refusal of any witness to attend or testify or produce any papers required by the subpoena, the clients’ security fund may seek enforcement in the district court in and for the county in which the hearing is pending by petition. The district court may enforce a subpoena to compel the attendance and testimony within this State and/or for the production of books, papers and documents upon conditions determined by the court so as to make the clients’ security fund proceedings fair, expeditious and cost effective.

      [As amended; effective March 9, 2012.]

      Rule 87.  Meetings of the board of governors: Regular, special meetings; quorum.

      1.  The regular meetings of the board of governors shall be held quarterly on notice given by the executive secretary. A regular and a business meeting shall be held during the annual meeting, and an additional meeting shall be held to cover the budget.

      2.  If necessary, the president may call a special meeting of the board of governors. Upon written request of five governors filed with the executive secretary requesting the president to call a special meeting of the board of governors and setting forth the need for such meeting, the president shall within 5 days thereafter call such meeting. If the president for any reason fails or refuses, for a period of 5 days after request therefor, to call a special meeting, the executive secretary or some other person designated by the governors requesting the special meeting, shall call the meeting if necessity for the meeting has been shown. The date fixed for such meeting shall not be less than 5 days nor more than 10 days from the date of such call.

      3.  Notice of a special meeting shall be signed by the executive secretary or by the person designated by the governors in their call. The notice shall set forth the day and hour of the meeting and the place for holding the same. Any business may be presented for consideration at such special meeting. Such notice must be given to each governor, unless waived by him. A written waiver signed by any governor shall be equivalent to notice as herein provided. Notice to governors not waiving as aforesaid shall be in writing and may be communicated by telegraph, or by letter through the United States mail in the usual course, addressed in either case to each of the governors at his law office address. Notice by telegraph shall be filed with the telegraph carrier for transmission at least 3 days, and notice by mail shall be deposited in the United States post office at least 5 days, before the date fixed for the special meeting.

      4.  Meetings of the board of governors shall be held at such place or places within or without the State of Nevada as shall be designated by the board or, in the absence of such designation by the board, as shall be designated by the president.

      5.  At meetings of the board of governors the presence of a majority of governors shall constitute a quorum for the transaction of any business of the board, except that less than a quorum may adjourn from day to day.

      [As amended; effective May 6, 1990.]

      Rule 88.  Legislative recommendations by the state bar; approval by board of governors.

      1.  The board of governors may call any section or special committee of the state bar charged with the initiation or consideration of matters pertaining to the science of jurisprudence or the improvement in the administration of justice or with matters of legislation into session, at such time and place as the board may determine, to consider and pass upon any matter pending before any such section or committee, or pending before the legislature or governor, or to be referred to it by the board of governors, which section or committee shall forthwith meet and consider the matter and submit the recommendations to the board. If such recommendations are made by any such section or committee to the board of governors during any session of the legislature, or immediately following the adjournment thereof, the board may pass upon such recommendations and may approve, disapprove or amend the same and submit the action of the board of governors thereon to either the legislative or executive branch of the state government, or the board in its discretion may withhold any recommendation and submit the same to the membership either at a special or annual meeting of the state bar or by referendum or in such other manner as the board may determine.

      2.  All recommendations to the legislature purporting to be endorsed by the state bar shall be submitted to the board of governors and its law and legislative committee before transmittal to the legislature, and no member of the state bar shall independently introduce legislation which purports to be endorsed by the state bar without submitting the same to the board of governors as provided in this subsection.

 

      Rule 89.  State bar office; filing papers with and serving the state bar; seal.

      1.  The main office of the state bar shall be maintained in Clark County, with an extension office in Washoe County, Nevada.

      2.  Whenever in these rules there is a requirement that petitions, notices or other documents shall be filed with the state bar or served upon the board of governors, the same shall be filed at the office of the executive secretary in the Clark County office of the state bar.

      3.  The board of governors shall have a seal having the words and figures: “State Bar of Nevada, Public Corporation, Incorporated January 31, 1928.” The seal shall remain in the custody of the executive secretary at the office of the state bar unless otherwise ordered by the board of governors.

      [As amended; effective May 6, 1990.]

      Rule 90.  Officers of the state bar: Election, selection, terms and duties.

      1.  The officers of the state bar, who shall be members of the board of governors, shall be a president, a president elect and a vice president. There shall also be appointed annually by the board of governors an executive director and treasurer who need not be members of the board of governors. The executive director and treasurer positions may be filled by the same person. As used in these rules, the term “executive secretary” means the executive director.

      2.  The officers of the state bar shall be elected from the membership of the board of governors by the governors. The officers shall be a president, a president-elect and a vice-president. The president-elect and vice-president shall be elected at the annual meeting. After serving one year the president-elect succeeds the president and shall become president at the next annual meeting following his or her election as president-elect. In the event of a vacancy in the office of president-elect the vice-president shall assume the office of president-elect but otherwise the term of vice-president shall expire after a one-year term.

      3.  The officers of the state bar shall continue in office until their successors are elected and qualify.

      4.  The president shall preside at all meetings of the state bar and of the board of governors. In the event of the president’s absence or inability to act, the president elect shall preside. Other duties of the president, president elect and vice president and the duties of the executive director and the treasurer shall be such as the board of governors may prescribe.

      [As amended; effective March 8, 1990.]

      Rule 90.5.  Statement of purpose.  The president-elect shall be elected annually by the board of governors based upon the needs of the people of the State of Nevada, the needs of the legal community, and the perceived talents that a board member may offer if elected as an officer of the board of governors, without regard to seniority or to regionalism. This statement of purpose must be referred to at each election.

      [Added; effective May 6, 1990.]

      Rule 91.  Absence or inability of president to act.

      1.  In the event of the absence or inability of the president to act at any meeting of the state bar or the board of governors, the president may request the president-elect to act as president, or in the event the president makes no such delegation, any member of the board of governors who is present at any such meeting may preside, or the governors may by vote select one of its members to preside.

      2.  In all other matters, if the president is absent from the state or for any reason is unable to perform the duties of president, the president may request the president-elect to act temporarily during the absence or during such time as the president is unable to perform the duties of president.

      [As amended; effective May 6, 1990.]

      Rule 92.  Duties of executive secretary.

      1.  The executive secretary shall:

      (a) Maintain the office of the state bar, its records and files, and coordinate the functions and activities of all state bar committees.

      (b) Attend all meetings of the board of governors and of the state bar, and shall record the proceedings of all such meetings.

      (c) Execute all contracts entered into by order of the board of governors.

      (d) Have custody of the seal of the state bar and may affix it to any documents to be executed on behalf of the board of governors or to be certified as emanating from the board of governors.

      (e) Perform such other duties as are required or imposed in carrying out these rules and other regulations.

      2.  The duties of executive secretary may be performed by assistant secretaries appointed by the board of governors.

      [As amended; effective December 11, 1991.]

      Rule 93.  Duties of treasurer.  The treasurer shall:

      1.  Take charge of all funds paid into the state bar and deposit them in some bank to be selected by the board of governors.

      2.  Cause books of account to be kept, which shall be the property of the state bar and which shall be open to the inspection of any officer, committee or member of the state bar, during usual business hours.

      3.  At each annual meeting of the state bar, make a full report of receipts and disbursements since the previous annual report, together with a list of all outstanding obligations of the state bar. The books of account shall be audited prior to each annual meeting of the state bar.

      4.  Perform such other duties as are imposed upon him in carrying out these rules and other regulations.

 

      Rule 94.  Annual meeting.

      1.  The board of governors shall conduct an annual meeting presided over by the president of the state bar between January 1 and December 1 of each year at any place within or without the State of Nevada, the exact date and exact location to be determined by an order of the board of governors made at least 60 days prior to the date of such annual meeting.

      2.  Notice of the annual meeting shall state the time and place for the holding of such meeting, and shall be given the members of the state bar by mail at least 30 days prior to such meeting.

      3.  Thirty active members of the state bar shall constitute a quorum at any annual or special meeting of the state bar, but for the purpose of canvassing the ballots at any annual meeting 20 active members of the state bar may constitute a quorum.

      4.  Proceedings at any meeting of the state bar shall be governed by Roberts’ Rules of Order.

      5.  The order of business at annual and special meetings, unless changed by the board of governors, or temporarily changed by vote of members of the state bar while in session, shall be as follows:

     

      First—Call to order.

      Second—Appointment of canvassing boards.

      Third—Report of the treasurer.

      Fourth—Report of the board of governors.

      Fifth—Report of the canvassing boards and declaration of the results of election.

      Sixth—Administration of oaths to governors elect.

      Seventh—Report of special committees appointed by the board of governors.

      Eighth—Report of sections of the state bar.

      Ninth—Unfinished business.

      Tenth—New business.

      Eleventh—Adjournment.

     

      6.  The board of governors shall provide a suitable program for each annual meeting of the state bar and shall organize the format of the meeting to assure that there is maximum participation by a broad spectrum of the bar. Every reasonable effort shall be made to make the annual meeting self-supporting. At the annual meeting, reports of the proceedings by the board of governors since the last annual meeting, reports of other officers and committees, and recommendations of the board of governors shall be received. Matters of interest pertaining to the state bar and the administration of justice may be considered, debated and acted upon at the annual meeting.

      7.  The reports of the several sections of the state bar, special committee reports submitted by the board of governors, and all matters of interest pertaining to the state bar and the administration of justice may be considered, debated and acted upon at the annual meeting.

      8.  The board of governors may order any question upon which action has been taken at the annual meeting referred to a vote of the entire membership of the state bar.

      9.  Those present at an annual meeting may, by a two-thirds vote, order the board of governors to take a referendum upon any of such matters presented or acted upon at such meeting. Whenever the board of governors is ordered to take a referendum, or whenever the board of governors orders any question referred to a vote of the entire membership of the state bar, the executive secretary shall prepare a questionnaire containing the matters upon which such vote is to be taken, and such questionnaire shall be submitted by the executive secretary to each member, in such form that each member can vote thereon and return the same to the executive secretary.

      [As amended; effective December 27, 1993.]

      Rule 95.  Committee reports.

      1.  Whenever a standing or special committee of the state bar wishes to submit a report for consideration at the annual meeting, the report, together with recommendations, shall be delivered to the executive secretary of the state bar at least 30 days before the annual meeting. Such reports, together with reports of officers, and reports from special committees that the board of governors desires to present to the annual meeting, may be printed and sent to each member of the state bar at least 20 days before such meeting.

      2.  Nothing herein shall preclude any committee or the board of governors from presenting a report or recommendation that has not been so printed and mailed.

 

      Rule 96.  Local bar associations.  The board of governors shall encourage and foster the organization of local bar associations, and nothing in these rules shall preclude the establishment of the same, but such local bar associations shall not make rules and regulations for the administration of the local bar association which are contrary to or contravene the Supreme Court Rules.

 

      Rule 97.  Special meetings of the state bar.

      1.  Special meetings of the state bar may be held at such times and places as are designated by the board of governors and may be called:

      (a) By the executive secretary, upon a majority vote of the board of governors present at any meeting of the board;

      (b) By the executive secretary, upon written request of three members of the board of governors; or

      (c) By the executive secretary, upon written request of 25 active members of the state bar.

      2.  If the executive secretary does not act upon a request within 5 days after its receipt, the special meeting may be called by any active members of the state bar designated by the board of governors or the required number thereof, or by the required number of active members of the state bar making request therefor.

      3.  Special meetings may consider only such matters as are set forth in the call of the meeting; but the board of governors may call special meetings of the state bar to consider generally all or any legislation to be introduced or pending before the legislature, or awaiting executive approval.

      4.  Notice of a special meeting shall state the time and place of holding of such meeting, and shall be given to the members of the state bar by mail at least 5 days prior to such meeting. The notice shall state generally the matters to be considered at the special meeting and shall be signed by the executive secretary, or in case of his failure to act, by any other person designated as hereinabove specified.

 

      Rule 98.  Membership in state bar; classes; resignation; membership fees; penalties for nonpayment of fees; register of members.

      1.  Classes.  Members of the state bar shall be divided into four classes:

      (a) Active members admitted to practice in any jurisdiction 5 years or more.

      (b) Active members who are also members of the federal judiciary, regardless of years of admission to practice in any jurisdiction.

      (c) Active members admitted to practice in any jurisdiction less than 5 years.

      (d) Inactive members.

      2.  Active practice in Nevada.  Every person actively engaged in the practice of law in this state shall enroll as an active member.

      3.  Active practice in other jurisdictions.  Members of the state bar residing in other jurisdictions and engaging in the practice of law therein may enroll as inactive members of the state bar if they are not actively engaged in the practice of law in this state.

      4.  Inactive status.  Any member of the state bar who is not actively engaged in the practice of law in this state, upon written request, may be enrolled as an inactive member. No member of the state bar actively engaged in the practice of law in this state, or holding any judicial office in this state, or occupying a position in the employ of or rendering any legal service for an active member, or occupying a position where he is called upon to give legal advice or counsel or examine the law or pass upon the legal effect of any act, document or law in this state, shall be enrolled as an inactive member. Law clerks and staff attorneys of the supreme court, and law clerks and legal assistants employed by the state and federal courts, who are precluded by their employers from actively engaging in the practice of law, may enroll as inactive members.

      Active members who retire from practice shall be enrolled as inactive members at their request. Inactive members shall not be entitled to hold office or vote. They may, on application and payment of all registration fees required, become active members. Inactive members shall have such other privileges, not inconsistent with these rules, as the board of governors may provide.

      5.  Resignation.

      (a) By members in general.  Any member of the state bar who is not actively engaged in the practice of law in this state, upon written application on a form approved by the state bar, may resign from membership in the state bar if the member:

             (1) has no discipline, fee dispute arbitration, or clients’ security fund matters pending and

             (2) is current on all membership fee payments and other financial commitments relating to the member’s practice of law in Nevada. Such resignation shall become effective when filed with the state bar, accepted by the board of governors, and approved by the supreme court.

      (b) By members with pending disciplinary charges.  A member of the state bar against whom disciplinary charges are pending may tender a written application resigning from membership in the state bar and relinquishing the right to practice law. No such resignation shall become effective unless and until ordered by the supreme court after consideration and recommendation by bar counsel.

      (c) Resignation is irrevocable.  A member who has resigned may return to the practice of law in Nevada by making application as a new admittee, subject to the provisions of these rules and applicable law, including the requirements that the resigned member:

            (1) demonstrates that he or she is of good moral character and willing and able to abide by the high ethical standards required of attorneys and counselors at law and

             (2) takes and passes the Nevada State Bar Examination.

      (d) State bar’s continuing jurisdiction.  The state bar shall retain jurisdiction to investigate and take action with respect to matters involving a past member’s conduct prior to the member’s resignation from the state bar.

      (e) Notice.  An attorney who resigns must comply with Rule 115. If the attorney fails to do so, then the state bar shall proceed under Rule 118. The state bar shall also comply with Rule 121.1.

      6.  Transfer from active to inactive member.  An active member, if in good standing, may be enrolled as an inactive member upon written request, and there shall be no rebate of any membership fee after March 1 of the year in which such request is filed.

      7.  Transfer from inactive to active member.  An inactive member, if in good standing, may be enrolled as an active member upon written request. Upon the filing of such request and the payment of a $1 registration fee and the full annual membership fee for an active member, for the current calendar year, less any membership fee paid by him as an inactive member for such year, the applicant shall be immediately transferred from the inactive to the active roll.

      8.  Rights of inactive members.  An inactive member may attend the annual and special meetings and participate in any debates at such meetings, may be appointed by the board of governors upon any committee other than a local administrative committee, and may be employed in a clerical position by the state bar.

      9.  Membership fees.  Subject to approval by the supreme court, the board of governors shall have the power to fix annual membership fees. The annual membership fees are:

 

Active members admitted to practice in any jurisdiction 5 years or more $450

Active members who are also members of the federal judiciary, regardless of years of admission to practice law in any jurisdiction...................................................................................................... $100

Active members admitted to practice in any jurisdiction less than 5 years $250

Inactive members................................................................................................ $125

 

      10.  Payment of fees.  Membership fees cover the calendar year and shall be due on January 1 of each year and shall be payable by those already members of the state bar on or before March 1 in each year, and shall be due and payable by those admitted to practice at the time of admission and registration.

      No part of the membership fee shall be apportioned to fractional parts of the year and no part of the membership fee shall be rebated by reason of death, resignation, suspension or disbarment.

      11.  Delinquent fees.  On March 2 of each year a penalty shall attach to all delinquent membership fees as follows:

 

Membership Category                                                                   Penalty Amount

 

Active................................................................................................................ $100.00

Inactive............................................................................................................... $50.00

 

      12.  Suspension for failure to pay fees.  Any member, active or inactive, failing to pay any fees after the same become due, and after 2 months’ written notice of his or her delinquency, must be suspended from membership in the state bar, but may be reinstated upon the payment of accrued fees and such penalties as may be imposed by the board of governors, not exceeding double the amount of the delinquent fees. All fees shall be paid into the treasury of the state bar, and when so paid shall become part of its funds.

      Upon the expiration of a period of 70 days after the date of mailing the notice provided in these rules, the executive secretary shall deliver to the board of governors a list of all members who have failed to make the required payment, with proof of the mailing of the notice to them. The board of governors shall make an order suspending the delinquent members, and a certified copy of such order thereupon shall be filed with the clerk of the supreme court and with the county clerk of each county.

      A member who is suspended for failure to pay dues must comply with Rule 115. If the member fails to comply with Rule 115, then the state bar shall proceed under Rule 118. The state bar shall also comply with Rule 121.1.

      13.  Reinstatement after fee suspension.  Whenever a member so suspended for nonpayment of membership fees has paid all accrued fees and penalties, the executive secretary may reinstate him as a member of the state bar, and shall thereupon certify his reinstatement to the clerk of the supreme court and to the county clerk of each county. The state bar shall also comply with Rule 121.1.

      14.  Membership records.  The state bar under the direction of the executive director shall maintain a database and other records of the membership of the state bar. In appropriate places therein entries shall be made showing the address of each member, date of admission and category of membership, date of transfer from one category to another, if any, date and period of suspension, if any, and such other useful data as the board of governors may from time to time require each member to furnish.

      Every member shall at a minimum furnish the following information to the state bar in whatever form requested:

      (a) Surname and given name or names.

      (b) All information and disclosures required by Rule 79.

      (c) When admitted to practice in Nevada, giving date.

      (d) Places and dates of practice prior to admission in Nevada (city and state).

      (e) Date and place of birth. If not born in the United States, stating when and where naturalized.

      (f) If admitted to U.S. District Court, U.S. Circuit Court of Appeals, or U.S. Supreme Court.

      (g) Membership, if any, in bar associations, giving name of each.

      (h) Whether ever disbarred, and if so, when and where, and when readmitted.

      (i) Whether any disbarment or other proceedings of a like nature have ever been instituted against him, or whether by resignation, withdrawal or otherwise the member has terminated or attempted to terminate his office as an attorney, and, in either or any of the cases above referred to, giving full particulars.

      15.  Exemption from payment of fees.  A person licensed to practice law in this state who has reached the age of 70 years, shall be exempted from the payment of annual membership fees commencing with the calendar year succeeding the year in which the member reaches age 70.

      [As amended; effective March 1, 2007.]

D.  MISCONDUCT

      Rule 99.  Jurisdiction.

      1.  Every attorney admitted to practice law in Nevada, specially admitted by a court of this state for a particular proceeding, practicing law here, whether specially admitted or not, or whose advertising for legal services regularly appears in Nevada is subject to the exclusive disciplinary jurisdiction of the supreme court and the disciplinary boards and hearing panels created by these rules.

      2.  Nothing contained in these rules denies any court the power to maintain control over proceedings conducted before it, such as the power of contempt, nor do these rules prohibit any association from censuring, suspending, or expelling its members.

      [Added; effective February 15, 1979; amended effective March 1, 2007.]

      Rule 100.  Disciplinary districts.  Disciplinary jurisdiction in this state shall be divided into a southern district and a northern district. The southern district shall consist of the counties of Clark, Esmeralda, Lincoln, Nye, and White Pine. The northern district shall consist of the counties of Carson City, Churchill, Douglas, Elko, Eureka, Humboldt, Lander, Lyon, Mineral, Pershing, Storey, and Washoe.

      [Added; effective February 15, 1979.]

      Rule 101.  Grounds for discipline.  Conviction of a crime or acts or omissions by an attorney, including contempt of a hearing panel, individually or in concert with another person, which violate the rules of the supreme court or the Nevada Rules of Professional Conduct are misconduct and constitute grounds for discipline.

      [Added; effective February 15, 1979; amended effective March 1, 2007.]

      Rule 102.  Types of discipline.  Misconduct is grounds for:

      1.  Irrevocable disbarment by the supreme court.

      2.  Suspension by the supreme court. A suspension of 6 months or less shall not require proof of rehabilitation; a suspension of more than 6 months shall require proof of rehabilitation to be demonstrated in a reinstatement proceeding under Rule 116.

      3.  Temporary restraining order regarding funds.

      (a) On the petition of a disciplinary board or hearing panel, signed by its chair or vice chair, supported by an affidavit alleging facts personally known to the affiant which shows that an attorney appears to be causing great harm by misappropriating funds to his or her own use, a district court of this state in the county where the attorney resides, where he or she maintains an office, or where the alleged acts occurred, may issue an order, in the same manner and under the same provisions of the Nevada Rules of Civil Procedure, not inconsistent with this rule, as a temporary restraining order is issued, which restricts the attorney in the handling of funds entrusted to him or her or over which the attorney has the power of disposition.

      (b) An order entered pursuant to the preceding paragraph may also prescribe the manner in which fees or other funds received from or on behalf of clients are to be handled during the existence of the order. When served on either the attorney or a depository in which the attorney maintains an account, the order is also an injunction against withdrawals from the account except in accordance with the terms of the order. In preparing such an order, due consideration shall be given to whether the account(s) affected by it are maintained by the attorney alone or whether there are other people whose right to withdraw funds may be affected.

      (c) Unless it is deemed necessary by the district court, a bond shall not be required for an order under this rule. The duration of the order and proceedings to dissolve it are governed by Rule 65 of the Nevada Rules of Civil Procedure, unless the order is superseded by an order of the supreme court pursuant to the next paragraph of this rule.

      4.  Temporary suspension by the supreme court.

      (a) On the petition of a disciplinary board, signed by its chair or vice chair, supported by an affidavit alleging facts personally known to the affiant, which shows that an attorney appears to be posing a substantial threat of serious harm to the public, the supreme court may order, with notice as the court may prescribe, the attorney’s immediate temporary suspension or may impose other conditions upon the attorney’s practice. If a petition is filed under subsection 3 of this rule, a separate petition under this subsection must be filed with the supreme court as soon thereafter as possible.

      (b) A temporary order may restrict an attorney in the handling of funds entrusted to the attorney or over which the attorney has the power of disposition, or, if appropriate, direct the attorney to establish a trust account in accordance with conditions prescribed in the order. When served on either the attorney or a depository in which the attorney maintains an account, the order is also an injunction against withdrawals from the account except in accordance with the terms of the order. An order of the supreme court that restricts the handling of funds by an attorney supersedes an order entered by the district court pursuant to subsection 3 of this rule.

      (c) An order of temporary suspension precludes the attorney from accepting new cases but does not preclude the attorney from continuing to represent existing clients during the first 15 days after service of the order unless the court orders otherwise. Fees and other funds received from or on behalf of clients during this 15-day period shall be deposited in a trust account from which withdrawals may be made only in accordance with the conditions imposed by the order.

      (d) The attorney may request dissolution or amendment of the temporary order of suspension by petition filed with the supreme court, a copy of which shall be served on bar counsel. The petition may be set for immediate hearing before a hearing panel, to hear the petition and submit its report and recommendation to the court within 7 days of the conclusion of the hearing. Upon receipt of the report and recommendation, the court may modify its order, if appropriate, and continue such provisions of it as may be appropriate until the final disposition of all pending disciplinary charges against the attorney.

      5.  Public or private reprimand, with or without conditions, including but not limited to restitution, a fine, or both a reprimand and a fine, imposed by the supreme court.

      6.  Public or private reprimand, with or without conditions, including but not limited to restitution, a fine of up to $1,000, or both a reprimand and a fine, imposed by a hearing panel.

      7.  Private reprimand, with or without conditions, including but not limited to restitution, a fine of up to $1,000, or both a reprimand and a fine, imposed by a screening panel of the disciplinary board pursuant to Rule 105(1).

      8.  Letter of caution imposed by a hearing or screening panel of the disciplinary board and issued by bar counsel, or imposed by the supreme court, which is a dismissal but cautions the attorney regarding specific conduct and/or disciplinary rules. A letter of caution may not be used as an aggravating factor in any subsequent disciplinary proceeding.

      [Added; effective February 15, 1979; amended effective March 1, 2007.]

      Rule 102.5.  Aggravation and mitigation.  Aggravating and mitigating circumstances may be considered in deciding what sanction to impose and may be admitted into evidence at a disciplinary hearing.

      1.  Aggravating circumstances are any considerations or factors that may justify an increase in the degree of discipline to be imposed. The following list of examples is illustrative and is not exclusive:

      (a) prior disciplinary offenses;

      (b) dishonest or selfish motive;

      (c) a pattern of misconduct;

      (d) multiple offenses;

      (e) bad faith obstruction of the disciplinary proceeding by intentionally failing to comply with rules or orders;

      (f) submission of false evidence, false statements, or other deceptive practices during the disciplinary hearing;

      (g) refusal to acknowledge the wrongful nature of conduct;

      (h) vulnerability of victim;

      (i) substantial experience in the practice of law;

      (j) indifference to making restitution;

      (k) illegal conduct, including that involving the use of controlled substances.

      2.  Mitigating circumstances are any considerations or factors that may justify a reduction in the degree of discipline to be imposed. The following list of examples is illustrative and is not exclusive:

      (a) absence of a prior disciplinary record;

      (b) absence of a dishonest or selfish motive;

      (c) personal or emotional problems;

      (d) timely good faith effort to make restitution or to rectify consequences of misconduct;

      (e) full and free disclosure to disciplinary authority or cooperative attitude toward proceeding;

      (f) inexperience in the practice of law;

      (g) character or reputation;

      (h) physical disability;

      (i) mental disability or chemical dependency including alcoholism or drug abuse when:

             (1) there is medical evidence that the respondent is affected by chemical dependency or a mental disability;

             (2) the chemical dependency or mental disability caused the misconduct;

             (3) the respondent’s recovery from the chemical dependency or mental disability is demonstrated by a meaningful and sustained period of successful rehabilitation; and

             (4) the recovery arrested the misconduct and recurrence of that misconduct is unlikely;

      (j) delay in disciplinary proceedings;

      (k) interim rehabilitation;

      (l) imposition of other penalties or sanctions;

      (m) remorse;

      (n) remoteness of prior offenses.

      3.  Factors which should not be considered as either aggravating or mitigating include:

      (a) forced or compelled restitution;

      (b) agreeing to a client’s demand for improper behavior;

      (c) withdrawal of grievance against the lawyer;

      (d) resignation prior to completion of disciplinary proceedings;

      (e) grievant’s recommendation as to sanction;

      (f) failure of injured client to complain.

      [Added; effective March 1, 2007.]

      Rule 103.  Disciplinary boards and hearing panels.

      1.  The board of governors shall appoint two disciplinary boards of at least 47 members each, one to serve the northern district and one to serve the southern district, as constituted in Rule 100. Each disciplinary board shall consist of at least 35 members of the bar of Nevada, other than persons holding judicial office or membership on the board of governors, and at least 12 non-lawyers. Each member shall reside in the district served by the board. The board of governors may appoint any additional members to serve on either disciplinary board as it deems necessary.

      2.  Members of the disciplinary boards shall serve at the pleasure of the board of governors, or for a term of three years, subject to reappointment for three additional terms. No member may serve on the disciplinary boards for more than a lifetime total of twelve years.

      3.  The board of governors shall appoint one attorney member as chair of each disciplinary board and another attorney member as vice chair to act in the absence or direction of the chair. The chair and vice chair shall serve for a term of one year, subject to reappointment for such additional terms as the board of governors may deem appropriate.

      4.  Disciplinary board members shall not receive compensation for their services but may be reimbursed for their travel and other expenses incidental to the performance of their duties.

      5.  The chair of each disciplinary board shall preside over all motions or other requests relating to pending proceedings until such time as a hearing panel chair is designated to preside over the proceeding, as provided in Rule 103(6).

      6.  The chair or vice chair of each disciplinary board shall designate hearing panels of five or three members, one of whom shall be a non-lawyer, and screening panels of three members, at least two of whom shall be members of the bar, as the chair or vice chair believes are necessary to preside over proceedings pending in the district. The chair or vice chair shall assign hearing cases to hearing panels and designate a lawyer as chair of each. The designated hearing panel chair shall preside over any and all motions or other requests. A formal hearing panel shall:

      (a) Conduct hearings on formal complaints of misconduct.

      (b) File its findings and recommendations with bar counsel’s office.

      7.  Hearing panel members shall not participate in any proceeding in which a judge similarly situated would be required to abstain. Any member whose term expires while the member’s panel is considering a complaint shall remain a member until its disposition.

      8.  The chairs of the hearing panels and screening panels shall deliver reprimands and sign all documents on behalf of the panel to carry out the provisions of Rules 102(6), 102(7), and 103(6).

      9.  A grievance received against a member of a disciplinary board and processed in accordance with Rule 105(1) shall be referred to the other disciplinary board.

      [Added; effective February 15, 1979; amended effective July 8, 2013.]

      Rule 104.  State bar counsel.

      1.  State bar counsel shall:

      (a) Investigate all matters involving possible attorney misconduct or incapacity called to bar counsel’s attention, whether by grievance or otherwise.

      (b) Subject to Rule 105(1), dispose of all matters involving alleged misconduct by dismissal of the allegation(s) or by the filing of a written complaint.

      (c) Prosecute all proceedings under these rules before all forums in the name of the State Bar of Nevada.

      (d) File with the supreme court petitions with certified copies of proof of conviction demonstrating that attorneys have been convicted of serious crimes, as defined in Rule 111.

      (e) Maintain permanent records of all matters investigated under these rules except as otherwise required under Rule 121.

      2.  Bar counsel may meet with an attorney against whom a grievance has been received to informally resolve a matter that does not involve the commission of a serious crime, as defined in these rules.

      3.  A grievance against bar counsel or bar counsel’s staff shall be investigated at the direction of the president of the state bar and heard by the board of governors. A decision of the board of governors against bar counsel may be appealed to the supreme court under the Nevada Rules of Appellate Procedure.

      [Added; effective January 2, 1996; amended effective March 1, 2007.]

      Rule 105.  Procedure on receipt of complaint.

      1.  Investigation.

      (a) Investigation and screening panel review.  Investigations shall be initiated and conducted by bar counsel or bar counsel’s staff or other investigative personnel at bar counsel’s direction prior or pursuant to the opening of a grievance file. At the conclusion of an investigation of a grievance file, bar counsel shall recommend in writing dismissal with or without prejudice, referral to diversion or mentoring pursuant to Rule 105.5, a letter of caution, a private reprimand, or the filing of a written complaint for formal hearing. The recommendation shall be promptly reviewed by a screening panel. A screening panel shall consist of three members of the disciplinary board, appointed by the chair or vice chair in accordance with Rule 103(6). Two of the three reviewers must be members of the bar. By majority vote they shall approve, reject, or modify the recommendation, or continue the matter for review by another screening panel.

      (b) Notice and election.  The attorney shall be notified by bar counsel in writing of a decision by a screening panel to issue a private reprimand and shall be served with the notification and letter of private reprimand in the manner prescribed by Rule 109(1). The attorney shall have 14 days after receipt of the notice within which to serve on bar counsel written objections to the issuance of the private reprimand along with the basis of the objections. The attorney shall include with his or her written objections a statement electing either (i) a formal hearing before a five-member panel of the appropriate disciplinary board on a written complaint filed by bar counsel; or (ii) an informal hearing before a three-member panel of the appropriate disciplinary board.

      (c) Hearing.  Upon receipt by bar counsel of written objections to the issuance of a private reprimand and a statement of election by the attorney within the time prescribed, the matter shall be set for a formal or informal hearing in accordance with the attorney’s election. A formal hearing shall proceed in accordance with Rule 105(2). At an informal hearing the attorney shall be given the opportunity to appear, to present oral argument, and to present evidence related to the written objections or any relevant issue. Rule 105(2)(a) applies to an informal hearing. The issuance of a private reprimand not objected to by the attorney within 14 days of notice or imposed after an informal hearing shall be final and shall not be appealable. A screening panel member who has reviewed bar counsel’s recommendation on a grievance shall not be appointed to an informal or formal hearing panel for any subsequent and related proceedings. Except in matters requiring dismissal because the grievance is frivolous or clearly unfounded on its face, or falls outside the disciplinary board’s jurisdiction, or is resolved informally pursuant to Rule 104(2), a panel shall not make a finding of misconduct until the attorney has been given an opportunity to respond to the allegations against the attorney.

      (d) Appeal of a screening panel’s dismissal of a grievance.  Bar counsel may appeal a decision to dismiss a grievance to a five-member panel appointed by the chair or vice chair of the respective northern or southern disciplinary board. The chair of the respective board shall be one of the five members on the panel and shall serve as chair of the panel. The panel shall determine whether the decision is supported by the record and is in the best interests of justice. Such an appeal must be filed with bar counsel’s office and served upon the chair of the appropriate disciplinary board within 20 days of receipt of the decision by filing and serving a petition, together with the record of the matter being appealed. The petition shall contain the name and address of the appropriate northern or southern disciplinary board chair and identify the chair as the person to whom the petition must be sent. The chair shall issue an order advising the attorney or bar counsel of when any answering or other brief is due. The panel shall decide the matter on the record without oral argument or appearance and shall issue a written decision.

      2.  Commencement of formal proceedings.  Formal disciplinary proceedings are commenced by bar counsel filing a written complaint in the name of the state bar. The complaint shall be sufficiently clear and specific to inform the attorney of the charges against him or her and the underlying conduct supporting the charges. A copy of the complaint shall be served on the attorney and it shall direct that a verified response or answer be served on bar counsel within 20 days of service; the original shall be filed with bar counsel’s office. The time to respond may be extended once by the chair for not more than 20 days for good cause or upon stipulation of the parties. In the event the attorney fails to plead, the charges shall be deemed admitted; provided, however, that an attorney who fails to respond within the time provided may thereafter obtain permission of the appropriate chair to do so, if failure to file is attributable to mistake, inadvertence, surprise, or excusable neglect.

      (a) Challenges to and ad hoc appointments of panel members.  The complaint shall be served with the list of members of the appropriate disciplinary board. The attorney, or each if more than one, and bar counsel may exercise five peremptory challenges each to the people on the list by delivering such in writing to bar counsel on or before the date a response to the complaint is due.

      Challenges to any member for cause under Rule 103(7) shall be made as soon as possible after receiving either actual or constructive notice of the grounds for disqualification, and shall be made by motion to the chair in accordance with these rules. In no event will a motion seeking the disqualification of a member be timely if the member has already heard, considered or ruled upon any contested matter, except as to grounds based on fraud or like illegal conduct of which the challenging party had no notice until after the contested matter was considered. Any challenge that is not raised in a timely manner shall be deemed waived.

      The chair or vice chair may make ad hoc appointments to replace designated panel members in the event challenges or disqualification reduce the number to less than the number required for the hearing panel. Ad hoc appointees shall be subject to disqualification under Rule 103(7) and any remaining peremptory challenges unexercised by either the attorney(s) or bar counsel. A hearing panel as finally constituted shall include a non-lawyer.

      (b) Assignment for hearing panel and chair.  Within 30 days, following service of a responsive pleading, or upon failure to plead, the matter shall be assigned by the chair or vice chair of the disciplinary board to a hearing panel chair, who shall preside over any and all motions or other requests as provided by SCR 103(6) and the subsequent hearing. Thereafter, the remaining hearing panel members shall be assigned by the chair or vice chair of the disciplinary board.

      (c) Venue.  Venue shall be the county in which the attorney resides or maintains his or her principal office for the practice of law, where the alleged offense was committed or where the parties have stipulated. If the attorney neither resides nor maintains his or her principal office in Nevada, or has left the state to avoid proceedings under these rules, the hearing may be conducted in any county designated by the chair of the disciplinary board.

      (d) Time to conduct hearing; notice of hearing; discovery of evidence against attorney.  The hearing panel shall conduct a hearing within 45 days of assignment and give the attorney at least 30 days’ written notice of its time and place. The notice shall be served in the same manner as the complaint, and shall inform the attorney that he or she is entitled to be represented by counsel, to cross-examine witnesses, and to present evidence. The notice shall be accompanied by a summary prepared by bar counsel of the evidence against the attorney, and the names of the witnesses bar counsel intends to call for other than impeachment, together with a brief statement of the facts to which each will testify, all of which may be inspected up to 3 days prior to the hearing. Witnesses or evidence, other than for impeachment, which became known to bar counsel thereafter, and which bar counsel intends to use at the hearing, shall be promptly disclosed to the attorney. For good cause shown, the chair may allow additional time, not to exceed 90 days, to conduct the hearing.

      (e) Quorum; time for decision of panel; votes required to impose discipline.  Any five members of the panel shall be a quorum. The hearing panel shall render a written decision within 30 days of the conclusion of the hearing, unless post-hearing briefs are requested by either bar counsel or the attorney and allowed by the panel or requested by the chair, in which event the decision shall be rendered within 60 days of the conclusion of the hearing. The decision shall be served pursuant to Rule 109(1), accompanied by the panel’s findings and recommendation, all of which shall be filed with bar counsel’s office. A decision to impose or recommend discipline requires the concurrence of four members of the panel.

      (f) Rules of evidence; support of panel’s decision.  The rules applicable to the admission of evidence in the district courts of Nevada govern admission of evidence before a hearing panel. Evidentiary rulings shall be made by the chair of the panel, if one has been designated, or by the chair of the appropriate disciplinary board prior to such a designation. The findings of the panel must be supported by clear and convincing evidence.

      (g) Court reporter.  All formal hearings shall be reported by a certified court reporter, which cost may be assessed against the attorney pursuant to Rule 120. Any party desiring to have any other disciplinary proceedings reported must arrange in advance for a certified court reporter at the party’s own expense.

      3.  Review by supreme court.

      (a) Time and manner of appeal.  A decision of a hearing panel shall be served on the attorney, and service shall be deemed Notice of Entry of Decision for appeal purposes. Except as provided in Rule 105(3)(b), a decision is final and effective 30 days from service, unless an appeal is taken within that time. To the extent not inconsistent with these rules, an appeal from a decision of a hearing panel shall be treated as would an appeal from a civil judgment of a district court and is governed by the Nevada Rules of Appellate Procedure.

      (b) De novo review of public discipline.  Except for disbarments by consent pursuant to Rule 112 or a public reprimand agreed to in writing by the attorney pursuant to Rule 113, a decision recommending a public reprimand, suspension or disbarment shall be automatically reviewed by the supreme court. Review under this paragraph shall be commenced by bar counsel forwarding the record of the hearing panel proceedings to the court within 30 days of entry of the decision. Receipt of the record in such cases shall be acknowledged in writing by the clerk of the supreme court.

      The attorney and bar counsel shall have 30 days from the date the supreme court acknowledges receipt of the record within which to file an opening brief or otherwise advise the court of any intent to contest the hearing panel’s findings and recommendations. If an opening brief is filed, briefing shall thereafter proceed in accordance with NRAP 31(a). Extensions of time to file briefs are disfavored and will only be granted upon a showing of good cause. The parties shall not be required to prepare an appendix, but rather shall cite to the record of the disciplinary proceedings. If no opening brief is filed, the matter will be submitted for decision on the record without briefing or oral argument.

      4.  Rules of procedure.  The chairs, after consulting with their respective disciplinary boards, may adopt rules of procedure, subject to approval by the board of governors.

      [As amended; effective July 8, 2013.]

      Rule 105.5.  Diversion and mentoring programs.

      1.  Participation in diversion or mentoring program.  As an alternative to or in conjunction with disciplinary sanctions, an attorney deemed eligible by the appropriate disciplinary board panel may participate in an approved diversion and/or mentoring program, designed to assist with or improve management or behavior problems that resulted in, or are expected to result in, minor misconduct. Participation in a diversion or mentoring program may be offered by bar counsel or ordered by a panel only in cases where there is little likelihood that the attorney will harm the public during the period of participation and where the conditions of the program can be reasonably supervised.

      (a) Mentors.  Mentors in diversion or mentoring programs shall be approved or selected by bar counsel and shall serve on a voluntary basis. Only attorneys in good standing with no pending disciplinary matters may serve as mentors. Any mentor who has no personal interest in the attorney’s participation, and did not represent the attorney in underlying proceedings, may be eligible to receive educational credits for services provided under this rule, after (i) the attorney’s successful completion of such a program, and (ii) the mentor’s application to the board of continuing legal education.

      (b) Confidentiality.  All services provided by a mentor under this rule and any related documents and/or communications shall remain confidential, as provided for in Rule 121. A mentor shall observe the duties of confidentiality in Nevada Rule of Professional Conduct (RPC) 1.6. Any related information provided to a mentor, and subsequently provided to bar counsel, will be used solely to assess an attorney’s compliance and progress, and may be provided to a hearing panel for that purpose, but will not be released to any other person(s). Further, such limited access to this information pursuant to a diversion or mentoring program shall not constitute a breach of confidentiality under RPC 1.6, based upon the supervisory nature of a mentor’s services and bar counsel’s duty to monitor such matters.

      2.  Diversion contract or mentoring agreement.  The terms shall be stated in a written diversion contract or mentoring agreement between bar counsel, the attorney, his or her counsel, if any, the mentor, if any, and any other person(s) a party thereto. The contract or agreement will specify the person(s) responsible for supervising the attorney’s compliance with the terms and conditions of the contract or agreement. The existence of a diversion contract or mentoring agreement under this rule is subject to the provisions of Rule 121.

      3.  Rejection of a diversion or mentoring program.  An attorney may reject a panel’s order for diversion or mentoring as an alternative to, or in conjunction with, disciplinary sanctions.

      (a) If an attorney rejects or fails to respond within 14 days to a panel’s order directing participation in a diversion or mentoring program, the matter shall be presented to the next available screening panel with bar counsel’s recommendation.

      (b) If an attorney rejects or fails to respond within 14 days of notice of a panel’s order offering participation in a diversion or mentoring program as an alternative to disciplinary sanctions or proceedings, the alternative shall be imposed. Thereafter, bar counsel shall promptly process the matter in accordance with Rule 105.

      (c) If an attorney fails to cooperate fully in the development and/or execution of a diversion contract or mentoring agreement, that failure shall be deemed a rejection in accordance with Rule 105.5(3).

      4.  Acceptance of a diversion or mentoring program.  Within 14 days of the attorney’s receipt of a panel’s order under this rule, the attorney must provide bar counsel with a written notice of his or her agreement to participate. Upon receipt of that notice, bar counsel shall promptly notify any grievant(s) in writing that the attorney has agreed to participate in a diversion or mentoring program. When applicable, such notice shall further advise the grievant(s) of the confidentiality provisions of Rule 121.

      5.  Time for filing; extensions.  The written diversion contract or mentoring agreement must be fully executed within 30 days of acceptance by the attorney. This requirement shall only be extended by written agreement between bar counsel and the attorney due to extraordinary circumstances. The party requesting the extension shall prepare the written agreement.

      6.  Breach of a diversion contract or mentoring agreement.  If bar counsel determines that an attorney has breached a contract or agreement executed under this rule, and unless the contract or agreement dictates otherwise, bar counsel shall notify the attorney of the alleged breach and after receipt of such notice, provide the attorney with 14 days to submit a written response. Bar counsel may withdraw the notice of alleged breach based upon the written response and related communications.

      (a) Informal hearing.  If the notice is not withdrawn, bar counsel shall request the chair or vice chair of the appropriate disciplinary board to assign a three-member informal hearing panel to hear the matter and issue an order. Bar counsel shall notify the attorney of such request by serving the notice of informal hearing on the attorney. The informal hearing panel shall convene within 30 days of the request. In informal proceedings brought under this rule, bar counsel shall have the burden by a preponderance of the evidence to establish any breach of the contract or agreement, and an attorney shall have the burden by a preponderance of the evidence to establish justification for any such breach. Where there is an alleged breach of a contract or agreement executed pursuant to an order of the supreme court, bar counsel may move the court directly for any relief deemed appropriate.

      (b) If an informal hearing panel finds a breach to be material and without justification, the panel shall terminate the contract or agreement and reactivate any underlying grievance(s) to be processed through any course deemed appropriate under Rule 105. If the contract or agreement was effectuated as an alternative to disciplinary sanctions, the panel shall terminate the contract or agreement and impose the applicable alternative sanctions.

      (c) If the informal hearing panel finds that no breach occurred, or that the breach was immaterial or with justification, the panel may modify the existing contract or agreement or direct the parties to proceed in accordance with it.

      7.  Costs.  The attorney shall pay any costs associated with participation in a diversion or mentoring program, including but not limited to laboratory testing, professional accounting or evaluation, treatment, and the costs of any informal hearing under this rule. The attorney shall not be assessed any fees or costs for a mentor’s or bar counsel’s services.

      8.  Completion and expungement.  After the term of a contract or agreement under this rule has concluded, bar counsel shall notify the attorney of such completion and, when applicable, any underlying grievance(s) and related records shall be dismissed and processed in accordance with Rule 121. After a grievance file has been dismissed under this rule, bar counsel shall respond to any related inquiries by stating that there is no record of such a matter, unless otherwise directed by the attorney. Likewise, the attorney may respond to such an inquiry by stating that any allegations or complaints that may have been filed with bar counsel’s office were dismissed. However, this rule does not supersede the provisions of Rule 121 and does not apply to successful completion of a program ordered in conjunction with disciplinary sanctions or ordered in lieu of more severe disciplinary sanctions, unless otherwise noted in the contract or agreement.

      [Added; effective February 25, 1997; amended effective July 8, 2013.]

      Rule 106.  Privilege and limitation.

      1.  Privilege.  All participants in the discipline process, including grievants, bar counsel staff, members of disciplinary panels, diversion and mentoring participants, and witnesses, shall be absolutely immune from civil liability. No action may be predicated upon the filing of a disciplinary complaint or grievance or any action taken in connection with such a filing by any of the participants. Except that any disclosures made pursuant to Rule 121(16) shall not be immune under this rule.

      2.  Limitation.  Disciplinary proceedings shall not be commenced against an attorney for alleged misconduct occurring more than 4 years prior to the receipt of the grievance or filing of the complaint by bar counsel. In the event of fraud or concealment, the 4 year period begins on the date the fraud or concealment was discovered by the grievant, or on the date facts were known to bar counsel, which should have lead bar counsel to discover the alleged misconduct. For purposes of Rule of Professional Conduct 7.2A (Advertising Filing Requirements), the 4-year period begins on the date the advertisement or communication was actually known to bar counsel.

      [Added; effective February 15, 1979; amended; effective September 1, 2007.]

      Rule 106.5.  Lawyers Concerned for Lawyers program: privilege and limitation.

      1.  Definition.  The Lawyers Concerned for Lawyers program is a voluntary program created by the board of governors to assist lawyers who are suffering from a psychological disorder or impairment, or a drug, alcohol, gambling, or other addictive or compulsive disorder.

      2.  Privilege.  Individuals who make a good faith report to the Lawyers Concerned for Lawyers program, the board of governors and its members, bar counsel, and staff, and the coordinator, agents, or employees of the Lawyers Concerned for Lawyers program, shall be absolutely immune from civil liability for any activities related to the Lawyers Concerned for Lawyers program, including, but not limited to, making referrals to a counselor, therapist, medical, psychological or behavior health care provider. No action may be predicated upon the filing of a good faith report with the Lawyers Concerned for Lawyers program or any action taken in connection with such a filing by the coordinator, agents, or employees of the Lawyers Concerned for Lawyers program.

      3.  Limited use policy.  All information obtained by the Lawyers Concerned for Lawyers program, including the initial report and any subsequent information provided to the program thereafter, shall be confidential and shall not be admissible in any state bar disciplinary, admission, administrative or other state bar proceeding. This rule is not meant to preclude the state bar from using evidence or information which is independently discovered from a source separate from the Lawyers Concerned for Lawyers program.

      [Added; effective April 8, 2002; amended; effective December 10, 2009.]

      Rule 107.  Refusal of grievant or complainant to proceed, compromise, etc.  Neither unwillingness nor neglect of a grievant or complainant to sign a grievance or complaint or to prosecute a charge, nor settlement or compromise between the grievant or complainant and the attorney, nor restitution by the attorney, shall require abatement of the processing of any grievance or complaint. Such factors may be considered in determining whether to abate.

      [Added; effective February 15, 1979; amended effective January 2, 1996.]

      Rule 108.  Matters involving related pending civil or criminal litigation.  Before or after a grievance file has been opened, processing of a grievance or complaint shall not be deferred or abated because of substantial similarity to the material allegations of pending criminal or civil litigation, unless authorized, for good cause, by a three-member screening panel appointed pursuant to Rule 105(1).

      [Added; effective February 15, 1979; amended effective March 1, 2007.]

      Rule 109.  Service.

      1.  Complaint.  Service of a complaint under these rules shall be made by personal service by any person authorized in the manner prescribed by Nevada Rule of Civil Procedure 4(c), or by registered or certified mail at the current address shown in the state bar’s records or other last known address.

      2.  Other papers.  Service of other papers or notices required by these rules shall be made in accordance with Nevada Rule of Civil Procedure 5, unless otherwise provided by these rules.

      [Added; effective February 15, 1979; amended effective March 1, 2007.]

      Rule 110.  Subpoena power, production of documents, witnesses, and pretrial proceedings.

      1.  Issuance of subpoenas by hearing panels and bar counsel.  Bar counsel and a member of a hearing panel who is also a state bar member, in matters under investigation by either, may administer oaths and affirmations and issue and compel by subpoena the attendance of witnesses and the production of pertinent books, papers, and documents. The attorney may also compel by subpoena the attendance of witnesses and the production of pertinent books, papers, and other documents before a hearing panel. Subpoena and witness fees and mileage shall be the same as in a district court.

      2.  Confidentiality stated on subpoena.  Subject to the provisions of Rule 121, subpoenas shall clearly indicate on their face that they are issued in connection with a confidential investigation under these rules and that it is regarded as contempt of the supreme court or grounds for discipline under these rules for a person subpoenaed to in any way breach the confidentiality of the investigation. It shall not be regarded as a breach of confidentiality for a person subpoenaed to consult with counsel or to answer questions asked by bar counsel or the attorney to determine the facts known by the witness.

      3.  Attachment of person for failure to obey subpoena or produce documents.  Whenever any person subpoenaed to appear and give testimony or to produce books, papers, or other documents as required by subpoena, or requested to provide documents pursuant to Rule 78.5(1)(b), refuses to appear or testify before a hearing panel, or to answer any pertinent or proper questions, or to provide the requested documents, that person shall be deemed in contempt of the disciplinary board, and the chair of the disciplinary board shall report the fact to a district judge of the county in which the hearing is being held or the investigation conducted. The district court shall promptly issue an attachment in the form usual in the court, directed to the sheriff of the county, commanding the sheriff to attach such person and bring such person forthwith before the court. On the return of the attachment, and the production of the person attached, the district court shall have jurisdiction of the matter; and the person charged may purge himself or herself of the contempt in the same way, and the same proceedings shall be had, and the same penalties may be imposed, and the same punishment inflicted as in the case of a witness subpoenaed to appear and give evidence on the trial of a civil cause before a district court of the State of Nevada.

      4.  Contest of subpoena.  A contest of a subpoena shall be heard and determined by the chair of the appropriate disciplinary board.

      5.  Restriction on discovery.  Discovery by the attorney, other than under Rule 105(2)(c), is not permitted prior to hearing, except by the order of the chair for good cause upon motion under Rule 103(5) or Rule 103(6).

      6.  Prehearing conference.  At the discretion of the chair, a prehearing conference may be ordered for the purpose of obtaining admissions or otherwise narrowing the issues presented by the pleadings. The conference may be held before the chair or the chair’s designee.

      7.  Deposition in lieu of appearance.  With the approval of the chair, testimony may be taken by deposition or by commission if the witness is not subject to subpoena or is unable to attend or testify at the hearing because of age, illness, or other infirmity.

      8.  Confidentiality of deposition.  Depositions are subject to the protective requirements and confidentiality provided in Rule 121.

      [Added; effective February 15, 1979; amended effective March 1, 2007.]

      Rule 111.  Attorneys convicted of crimes.

      1.  “Conviction” defined.  For purposes of this rule, in addition to a final judgment of conviction, a “conviction” shall include a plea of guilty or nolo contendere, a plea under North Carolina v. Alford, 400 U.S. 25 (1970), or a guilty verdict following either a bench or a jury trial, regardless of whether a sentence is suspended or deferred or whether a final judgment of conviction has been entered, and regardless of any pending appeals.

      2.  Duty to inform bar counsel.  Upon being convicted of a crime by a court of competent jurisdiction, other than a misdemeanor traffic violation not involving the use of alcohol or a controlled substance, an attorney subject to these rules shall inform bar counsel within 30 days.

      3.  Court clerks to transmit proof of conviction.  The clerk of any court in this state in which an attorney is convicted of a crime, other than a misdemeanor traffic violation not involving the use of alcohol or a controlled substance, shall transmit a certified copy of proof of the conviction to the supreme court and bar counsel within 10 days after its entry.

      4.  Bar counsel’s responsibility.  Upon being advised that an attorney subject to the disciplinary jurisdiction of the supreme court has been convicted of a crime, other than a misdemeanor traffic violation not involving the use of alcohol or a controlled substance, bar counsel shall obtain a certified copy of proof of the conviction and shall file a petition with the supreme court, attaching the certified copy. Upon being advised that an attorney subject to the disciplinary jurisdiction of the supreme court has been convicted of a misdemeanor involving the use of alcohol or a controlled substance and the offense is not the attorney’s first such offense, bar counsel shall investigate and present the matter to the appropriate panel of the disciplinary board prior to the filing of the petition. The petition shall be accompanied by the panel’s recommendation regarding the appropriate disciplinary action, if any, to be imposed under these or any other rules of the supreme court that pertain to the conduct of attorneys.

      5.  Certified document conclusive.  A certified copy of proof of a conviction is conclusive evidence of the commission of the crime stated in it in any disciplinary proceeding instituted against an attorney based on the conviction.

      6.  Definition of “serious crime.”  The term “serious crime” means (1) a felony and (2) any crime less than a felony a necessary element of which is, as determined by the statutory or common-law definition of the crime, improper conduct as an attorney, interference with the administration of justice, false swearing, misrepresentation, fraud, willful failure to file an income tax return, deceit, bribery, extortion, misappropriation, theft, or an attempt or a conspiracy or solicitation of another to commit a “serious crime.”

      7.  Suspension on certification.  Upon the filing with the supreme court of a petition with a certified copy of proof of the conviction, demonstrating that an attorney has been convicted of a serious crime, the court shall enter an order suspending the attorney, regardless of the pendency of an appeal, pending final disposition of a disciplinary proceeding, which shall be commenced by the appropriate disciplinary board upon referral by the supreme court. For good cause, the court may set aside its order suspending the attorney from the practice of law.

      8.  Referral to disciplinary board.  Upon receipt of a petition filed under subsection 4 of this rule, demonstrating that an attorney has been convicted of a serious crime, the supreme court shall, in addition to suspending the attorney in accordance with the provisions of subsection 7 of this rule, refer the matter to the appropriate disciplinary board for the institution of a formal hearing before a hearing panel in which the sole issue to be determined shall be the extent of the discipline to be imposed. The panel may, for good cause, postpone the proceeding until all appeals from the conviction have been concluded.

      9.  Conviction for other than a serious crime.  Upon receipt of a petition demonstrating that an attorney has been convicted of a crime which is not a serious crime, the supreme court may refer the matter to the appropriate disciplinary board for any action it may deem warranted under these or any other rules of the supreme court that pertain to the conduct of attorneys, provided, however, that the supreme court may decline to refer a conviction for a minor offense to the board. If the conviction adversely reflects on the attorney’s fitness to practice law, the supreme court may issue an order to show cause, requiring the attorney to demonstrate why an immediate temporary suspension should not be imposed.

      10.  Reinstatement.  An attorney suspended under the provisions of subsection 7 or 9 of this rule may be reinstated by filing a certificate with the supreme court demonstrating that the underlying conviction has been reversed, but reinstatement will not terminate any formal proceeding pending against the attorney, the disposition of which shall be determined by the hearing panel on the basis of the available evidence.

      11.  Conviction of attorney who is prohibited from practicing.  If an attorney convicted of a crime is at that time prohibited from practicing due to a disciplinary suspension or transfer to disability inactive status under Rule 117, then the petition filed under subsection 7 or 9 of this rule shall state that the attorney is prohibited from practicing and under what provision. If the attorney has been suspended as discipline, then the petition shall indicate the suspension’s length and whether the attorney must file a reinstatement petition under Rule 116 to regain active status. The supreme court shall then enter an appropriate order directing how the conviction shall be addressed.

      [Added; effective February 15, 1979; amended effective March 22, 2010.]

      Rule 112.  Disbarment by consent.

      1.  An attorney who is the subject of an investigation or proceeding involving allegations of misconduct may consent to disbarment by delivering to bar counsel an affidavit stating that:

      (a) The attorney’s consent is freely and voluntarily rendered; the attorney is not being subjected to coercion or duress; the attorney is fully aware of the implications of submitting his or her consent;

      (b) The attorney is aware that there is presently pending investigation into, or proceeding involving, allegations that there are grounds for the attorney’s discipline, the nature of which the attorney shall specifically set forth;

      (c) The attorney acknowledges that the material facts alleged are true; and

      (d) The attorney’s consent to disbarment is submitted because the attorney knows that if charges were predicated on the matters under investigation, or if the proceeding were prosecuted, the attorney could not successfully defend against the charges.

      2.  Upon receipt of the required affidavit, bar counsel shall deliver a petition for consent disbarment to the appropriate disciplinary board chair for approval. That petition shall be filed with the supreme court, and the court shall enter an order disbarring the attorney on consent.

      [Added; effective February 15, 1979; amended effective March 1, 2007.]

      Rule 113.  Discipline by consent.

      1.  Conditional plea.  An attorney against whom a grievance or complaint has been made may tender a conditional guilty plea to the charge(s) in exchange for a stated form of discipline. The tendered plea shall be filed with bar counsel’s office and approved, modified or rejected by a hearing panel if the matter has already been assigned for hearing, or by a three-member hearing panel, appointed by the chair or vice chair, if the matter has not been assigned. The tendered plea is subject to final approval or rejection by the supreme court if the stated form of discipline includes disbarment or suspension.

      2.  Continuance and abatement of proceedings.  A continuance in a proceeding on the basis of a tendered plea shall be granted only with the concurrence of bar counsel. Approval of a tendered plea by a panel, and, if required, by the court shall abate the proceedings, and the panel’s decision shall be predicated on the charge(s) made against the attorney and the tendered plea.

      3.  Review by court.  If the stated form of discipline includes disbarment or suspension, bar counsel shall forward the record of the proceedings before it to the supreme court within 30 days of entry of the decision. The record filed with the supreme court shall indicate on its title page that the matter concerns a proceeding under this rule. The matter shall be submitted for review on the record without briefing or oral argument unless otherwise ordered by the court.

      4.  Public reprimand.  If the stated form of discipline includes neither a suspension nor disbarment, the matter shall not be submitted to the supreme court for approval. The state bar shall issue the public reprimand and publish the public reprimand in accordance with Rule 121.1.

      [Added; effective February 15, 1979; amended effective July 8, 2013.]

      Rule 114.  Reciprocal discipline.

      1.  Duty to inform of discipline elsewhere.  Upon the imposition of disciplinary sanctions in another jurisdiction, an attorney subject to these rules shall inform bar counsel of the action within 30 days, regardless of any pending appeals.

      2.  Duties of bar counsel.  Upon being informed that an attorney subject to these rules has been disciplined in another jurisdiction, bar counsel shall obtain a certified copy of the disciplinary order, or other document so demonstrating. In the event that bar counsel receives information, from a source other than the attorney, indicating that an attorney subject to these rules may have been disciplined in another jurisdiction, bar counsel shall investigate the matter. If the investigation reveals that an attorney subject to these rules was in fact disciplined in another jurisdiction, bar counsel shall obtain a certified copy of the disciplinary order, or other document so demonstrating and file a petition for reciprocal discipline as described in subsection 3 of this rule.

      3.  Procedure.  Bar counsel shall file a petition with the supreme court, and shall serve a copy of the petition on the attorney at the address on file with the state bar under Rule 79 and provide proof of service to the supreme court. The petition must contain a brief statement of the facts known to bar counsel, any Nevada Rules of Professional Conduct counterparts to the rules violated, and an attachment of the certified copy of the other jurisdiction’s disciplinary order, or other document so demonstrating. The attorney shall have 15 days from the date of service to file a response, if any, with the supreme court, including any claim that the identical discipline is not warranted, predicated on the grounds set forth in subsection 4 of this rule.

      4.  Identical discipline to be imposed; exceptions.  After the time for the attorney to respond has expired, the supreme court shall impose the identical discipline unless the attorney demonstrates, or the supreme court finds, that on the face of the record upon which the discipline is predicated it clearly appears:

      (a) That the procedure in the other jurisdiction was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process; or

      (b) That there was such an infirmity of proof establishing the misconduct as to give rise to the clear conviction that the court could not, consistent with its duty, accept the decision of the other jurisdiction as fairly reached; or

      (c) That the misconduct established warrants substantially different discipline in this state; or

      (d) That the misconduct established does not constitute misconduct under any Nevada Rule of Professional Conduct.

      If the court determines that any of the preceding factors exist, it shall enter an appropriate order.

      5.  Discipline elsewhere res judicata.  In all other respects, a final adjudication in another jurisdiction that an attorney has engaged in misconduct conclusively establishes the misconduct for the purposes of a disciplinary proceeding in this state.

      [Added; effective February 15, 1979; amended effective March 1, 2007.]

      Rule 115.  Notice of change in license status; winding down of practice.

      1.  Who must comply.  An attorney barred from the active practice of law, whether by disbarment, suspension, including suspension under Rule 98 or Rule 212, transfer to disability inactive status, or resignation with discipline pending must comply with this rule. An attorney who resigns without discipline pending under Rule 98(5)(a) and who has any Nevada clients must also comply with this rule solely with respect to the attorney’s Nevada clients. If an attorney who resigns under Rule 98(5)(a) has no Nevada clients, then the attorney shall file the affidavit described in Rule 115(4).

      2.  Duty to notify clients not involved in legal proceedings.  An attorney who is required to comply with this rule shall immediately notify, by registered or certified mail, return receipt requested, all clients being represented in pending matters, other than litigation or administrative proceedings, of his or her disbarment, suspension, transfer to disability inactive status, or resignation and consequent inability to act as an attorney. The attorney shall further advise the clients to seek other legal advice of their own choice, and shall inform them of any relevant limitation period and deadlines.

      3.  Duty to notify clients and forums involved in proceedings.  An attorney barred from the active practice of law, whether by disbarment, suspension, including suspension under Rule 98 or Rule 212, transfer to disability inactive status, or resignation, shall immediately notify, by registered or certified mail, return receipt requested, (1) each of the attorney’s clients who is involved in pending litigation, administrative proceedings, arbitration, mediation or other similar proceedings, (2) the attorney(s) for each adverse party in such matters, and (3) the court, agency, arbitrator, mediator or other presider over such proceeding of his or her disbarment, suspension, transfer to disability inactive status, or resignation and consequent inability to act as an attorney. The notice to the client shall state the desirability of prompt substitution of another attorney of the client’s own choice and shall list any upcoming appearances and deadlines. The notice given to the attorney for an adverse party shall provide the last known address of the client.

      In the event the client does not obtain substitute counsel within 30 days of the attorney’s notice to the client, it shall be the responsibility of the attorney to move in the court, agency or other forum in which the proceeding is pending for leave to withdraw, if leave is required.

      4.  Duty to inform supreme court of compliance with order.  Within 10 days after the entry of the disbarment, suspension, transfer to disability inactive status, or resignation order, the attorney shall file an affidavit of compliance with the supreme court, bar counsel, and, if the suspension was under Rule 212, with the board of continuing legal education. The affidavit must show:

      (a) That the attorney has fully complied with the provisions of the order and with these rules;

      (b) All other state, federal, and administrative jurisdictions to which the attorney is admitted or specially admitted to practice;

      (c) That the attorney has served a copy of his or her affidavit on bar counsel;

      (d) The address and telephone number of the attorney and that of a contact person, if any, designated for client files; and

      (e) The status of any client or third-party funds being held.

      5.  Maintenance of records.  An attorney required to comply with this rule shall maintain records of his or her proof of compliance with these rules and with the disbarment, suspension, transfer to disability inactive status, or resignation order for the purposes of subsequent proceedings. Proof of such compliance shall be a condition precedent to reinstatement or readmission.

      6.  Failure to comply.  If an attorney subject to this rule fails to comply with any provision of this rule or the court’s order of disbarment, suspension, transfer to disability inactive status, or resignation, the court may enter an order to accomplish the purpose of this rule.

      7.  Effective date.  Orders imposing suspension or disbarment or approving resignation shall be effective immediately. After entry of the order, the attorney shall not accept any new retainer or act as attorney for another in any new case or legal matter of any nature. However, for 15 days from the entry date of the order, the attorney may wind up and complete, on behalf of any client, all matters pending on the entry date.

      [Added; effective February 15, 1979; amended effective March 1, 2007.]

      Rule 116.  Reinstatement.

      1.  Order of supreme court required.  An attorney suspended as discipline for more than 6 months may not resume practice unless reinstated by order of the supreme court.

      2.  Procedure for reinstatement.  Petitions for reinstatement by a suspended attorney shall be filed with bar counsel’s office, which shall promptly refer the petition to the chair of the appropriate disciplinary board. The chair or vice chair shall promptly refer the petition to a hearing panel, which shall, within 60 days after referral, conduct a hearing. The attorney has the burden of demonstrating by clear and convincing evidence that he or she has the moral qualifications, competency, and learning in law required for admission to practice law in this state, and that his or her resumption of the practice of law will not be detrimental to the integrity and standing of the bar, to the administration of justice, or to the public interest. Within 60 days after the hearing concludes, bar counsel shall file the record of the proceedings, together with the panel’s findings and recommendation, with the supreme court. Receipt of the record shall be acknowledged in writing by the supreme court clerk.

      The attorney or bar counsel shall have 30 days from the date the supreme court acknowledges receipt of the record within which to file an opening brief or otherwise advise the court if he or she intends to contest the hearing panel’s findings and recommendations. If an opening brief is filed, briefing shall thereafter proceed in accordance with NRAP 31(a). Extensions of time to file briefs are disfavored and will only be granted upon a showing of good cause. The parties shall not be required to prepare an appendix, but rather shall cite to the record of the reinstatement proceedings. If no opening brief is filed, the matter will be submitted for decision on the record without briefing or oral argument.

      3.  Bar counsel to appear.  In proceedings for reinstatement, bar counsel shall represent the state bar and submit any evidence and produce any witnesses relevant to the petition.

      4.  Tender of costs in advance.  Petitions for reinstatement under this rule shall be accompanied by an advance cost deposit of $1,000 to cover anticipated costs of the reinstatement proceeding.

      5.  Decision on reinstatement; conditions.  If the attorney does not meet the burden of proof to justify reinstatement, the petition shall be dismissed by the hearing panel. If the attorney meets the burden of proof, the hearing panel’s recommendation for reinstatement shall be entered. Reinstatement may be conditioned upon the attorney’s payment of the costs of the proceeding, restitution to parties injured by the petitioner’s misconduct, including the Client Security Fund, any further conditions deemed appropriate by the panel, and such proof of competency as may be required by the supreme court, which proof may include certification by the bar examiners of the successful completion of an examination for admission to practice subsequent to the date of suspension or disbarment. If an attorney has been continuously suspended for 5 years or more at the time a petition for reinstatement is filed, irrespective of the term of suspension initially imposed, successful completion of the examination for admission to practice shall be a mandatory condition of reinstatement.

      6.  Successive petitions.  A petition for reinstatement under this rule shall not be filed within 1 year following an adverse judgment on a petition for reinstatement filed by the same attorney, unless otherwise ordered by the court.

      [Added; effective February 15, 1979; amended effective July 8, 2013.]

E.  DISABILITY

      Rule 117.  Proceedings when an attorney is declared to be incompetent or is alleged to be incapacitated.

      1.  Judicial declaration of incompetency or commitment.  Upon proof that an attorney has been judicially declared incompetent or involuntarily committed on the grounds of incompetency or disability, the supreme court shall enter an order transferring the attorney to disability inactive status until the further order of the court. A copy of the order shall be served on the attorney, his guardian, and/or the director of the institution to which he has been committed in such manner as the court may direct.

      2.  Petition to determine competency; notice.  Whenever a disciplinary board or a hearing panel believes that an attorney is incapable of continuing the practice of law because of mental infirmity, illness, or addiction, it may file a petition with the supreme court seeking a determination of the attorney’s competency. Such a petition may also be filed by joint stipulation of the parties. A petition to determine an attorney’s competency should be filed separately from any discipline matter that may be pending and should be marked confidential in accordance with Rule 121. Upon the filing of such a petition, the court may take or direct such action as it deems necessary to determine whether the attorney is incapacitated, including referral of the matter to the appropriate disciplinary board for hearing and recommendation by a hearing panel or the examination of the attorney by qualified medical experts. If, upon due consideration, the court concludes that the attorney is incapacitated for the purpose of practicing law, it shall enter an order transferring him or her to disability inactive status. Any pending disciplinary proceeding or investigation against the attorney shall be suspended.

      The court shall provide for notice to the attorney as it deems necessary and may appoint counsel to represent the attorney if he or she is without adequate representation.

      3.  Transfer to disability inactive status prior to determination of competency.  If, during the course of a disciplinary proceeding or investigation, the attorney contends in a petition or joint petition filed with the supreme court that he or she is suffering from a disability due to mental or physical infirmity, illness, or addiction, which makes it impossible for the attorney to adequately defend the disciplinary proceeding, the supreme court shall enter an order transferring the attorney to disability inactive status until a determination is made of the attorney’s capacity to continue to practice law in a proceeding instituted in accordance with the provisions of subsection 2 above.

      If the court determines that the attorney is not incapacitated from practicing law, it shall take such action as it deems necessary, including a direction for the resumption of the disciplinary proceeding against the attorney.

      4.  Resumption of practice by disabled attorney.  An attorney transferred to disability inactive status under the provisions of this rule may not resume active status until reinstated by order of the supreme court. An attorney transferred to disability inactive status under the provisions of this rule shall be entitled to petition for reinstatement to active status once a year, or at such shorter intervals as the court may direct in the order transferring the attorney to disability inactive status. The petition shall be filed with bar counsel’s office and shall be set for hearing before a five-member hearing panel, which shall consider whether the attorney has demonstrated by clear and convincing evidence that the attorney’s disability has been removed and that he or she is fit to resume the practice of law. The panel may direct that the attorney establish competence and learning in law, including certification by the bar examiners that the attorney successfully completed an examination for admission to practice subsequent to being transferred to disability inactive status. The panel shall render a written decision within 30 days of the hearing’s conclusion, which shall be filed with bar counsel’s office and served pursuant to Rule 109(1).

      Bar counsel shall forward the record of the hearing panel proceeding to the supreme court within 30 days of the decision’s entry. Receipt of the record shall be acknowledged in writing by the supreme court clerk. The parties shall have 30 days from the date the supreme court acknowledges receipt of the record within which to file any objection to the panel’s recommendation. If none is filed, then the matter shall be submitted for decision. If the supreme court concludes that the attorney’s disability has been removed and that the attorney is fit to practice law, then the supreme court may reinstate the attorney to active status, with any conditions that may be appropriate to protect the attorney’s clients or the public. If any disciplinary proceeding against the attorney was suspended by the attorney’s transfer to disability inactive status, then the supreme court may direct the state bar to resume the disciplinary proceeding. If the supreme court is not satisfied that the attorney’s disability has been removed, then it may take such action as it deems appropriate, including denying the petition.

      When an attorney who has been transferred to disability inactive status is later judicially declared to be competent, the attorney may file a petition for reinstatement with the supreme court, attaching a copy of the judicial declaration of competency. The petition shall state whether any disciplinary proceedings were pending against the attorney at the time he or she was transferred to disability inactive status. Upon the filing of such a petition, the supreme court may dispense with further evidence that the attorney’s disability has been removed and may direct the attorney’s reinstatement to active status upon such terms as are deemed appropriate, or may direct the state bar to resume any disciplinary proceedings that were suspended by the attorney’s transfer to disability inactive status.

      5.  Burden of proof.  In a proceeding for transfer to disability inactive status or for reinstatement under this rule, the burden of proof rests with the petitioner.

      6.  Waiver of privilege and disclosure by filing petition for reinstatement.  The filing of a petition for reinstatement under this rule waives any doctor-patient privilege with respect to any treatment, diagnosis, or prognosis of the attorney during disability. The attorney shall be required to disclose the name of every treatment provider by whom or in which the attorney has been examined or treated since being transferred to disability inactive status, and the attorney shall furnish every treatment provider the attorney’s written consent to divulge such information and records as requested by the supreme court, its appointed medical experts, the office of bar counsel, or any hearing panel.

      7.  Notice.  An attorney who is transferred to inactive status must comply with Rule 115, if he or she is able to do so. If the attorney’s disability precludes compliance with Rule 115, or if the attorney fails to comply, then bar counsel shall proceed under Rule 118. Bar counsel shall also comply with Rule 121.1.

      [Added; effective February 15, 1979; amended effective March 1, 2007.]

      Rule 118.  Appointment of counsel to protect client’s interest.

      1.  Judicial action; compensation; right of reimbursement.  Whenever an attorney has been transferred to disability inactive status, abandoned his or her practice, resigned, died, or been suspended or disbarred, and there is evidence that the attorney has not complied with Rule 115, and a responsible person capable of conducting the attorney’s affairs cannot be found, the chief or presiding judge, or designee in the judicial district(s) in which the attorney maintained his or her practice, upon application by bar counsel, the state bar may appoint a disinterested attorney(s) to examine and inventory the attorney’s files and to take such action as is necessary to protect the interests of the attorney and the attorney’s clients. An appointed attorney may petition the board of governors for reasonable compensation. The board of governors may seek reimbursement from the attorney, out of the attorney’s property, or from the attorney’s clients whose interests are served under this rule.

      2.  Confidentiality.  An attorney appointed under this rule shall not disclose any information contained in the files examined or inventoried without the consent of the client for whom the file was maintained, except as necessary to carry out the order of the court which appointed the attorney.

      3.  Immunity.  Any attorney appointed pursuant to this rule shall be absolutely immune from civil liability for any act or omission in connection with, or in the course of, duties performed pursuant to the appointment.

      [Added; effective February 15, 1979; amended effective May 6, 2011.]

F.  MISCELLANEOUS PROVISIONS

      Rule 119.  Additional rules of procedure.

      1.  Record.  The record of a hearing shall be made available to the attorney at the attorney’s expense on request made to bar counsel.

      2.  Time limits not jurisdictional.  Except as is otherwise provided in these rules, time is directory and not jurisdictional. Time limitations are administrative, not jurisdictional. Failure to observe directory time intervals may result in contempt of the appropriate disciplinary board or hearing panel having jurisdiction, but will not justify abatement of any disciplinary investigation or proceeding.

      3.  Other rules of procedure.  Except as otherwise provided in these rules, the Nevada Rules of Civil Procedure and the Nevada Rules of Appellate Procedure apply in disciplinary cases.

      [Added; effective February 15, 1979; amended effective March 1, 2007.]

      Rule 120.  Costs; bar counsel conflict or disqualification.

      1.  An attorney subjected to discipline or seeking reinstatement under these rules may be assessed the costs, in full or in part, of the proceeding, including, but not limited to, reporter’s fees, investigation fees, bar counsel and staff’s salaries, witness expenses, service costs, publication costs, and any other fees or costs deemed reasonable by the panel and allocable to the proceeding.

      2.  If, for any reason, bar counsel is disqualified or has a conflict of interest, the board of governors shall appoint an attorney, ad hoc, to act in the place of bar counsel.

      [Added; effective February 15, 1979; amended effective March 1, 2007.]

      Rule 121.  Confidentiality.

      1.  Generally.  All proceedings involving allegations of misconduct by an attorney shall be kept confidential until the filing of a formal complaint. All participants in a proceeding, including anyone connected with it, shall conduct themselves so as to maintain the confidentiality of the proceeding until a formal complaint is filed.

      2.  When no formal complaint filed.  In the event no formal complaint is filed, the disciplinary proceeding shall become public upon its conclusion, whether by dismissal or otherwise.

      3.  Reciprocal discipline.  Proceedings under Rule 114, concerning the imposition of reciprocal discipline, shall be public.

      4.  Temporary restraining order regarding funds under Rule 102(3).  In the event that the state bar files a petition with a district court for a temporary restraining order regarding funds before a formal complaint is filed in the underlying disciplinary proceeding against an attorney, then the matter shall be treated as confidential. If the court grants the petition, then the matter shall become public upon entry of the order granting the petition. If the court denies the petition, then the matter shall remain confidential until a formal complaint is filed or the matter is otherwise concluded.

      5.  Temporary suspension under Rule 102(4).  In the event that the state bar files a petition with the supreme court for the temporary suspension of an attorney before a formal complaint is filed in the underlying disciplinary proceeding, then the matter shall be treated as confidential. If the court grants the petition, then the matter shall become public upon entry of the order granting the petition. If the court denies the petition, then the matter shall remain confidential until a formal complaint is filed or the matter is otherwise concluded.

      6.  Temporary suspension under Rule 111.  Proceedings under Rule 111, concerning attorneys convicted of crimes, shall be public.

      7.  Transfers to disability inactive status.  The supreme court’s order transferring an attorney to disability inactive status shall be public. All other proceedings in such matters shall remain confidential, unless the attorney waives confidentiality.

      8.  Transfers from disability inactive status.  Unless the attorney waives confidentiality, petitions for reinstatement from disability inactive status shall be confidential. If a petition is granted, then the matter will become public upon entry of the order of reinstatement.

      9.  Reinstatement.  Reinstatement proceedings under Rule 116 shall be public.

      10.  Disbarment by consent.  Disbarments by consent under Rule 112 shall be public.

      11.  What becomes public.  Once a matter has become public pursuant to this rule, all records of the lawyer discipline agency shall become public except bar counsel’s work product and the panel’s deliberations.

      12.  Proceedings before the supreme court.  Unless these rules specifically provide that a matter in the supreme court is confidential, all filed documents and arguments in lawyer discipline proceedings in the supreme court shall be public, unless for good cause shown, the supreme court enters an order sealing all or part of the record in the court.

      13.  Cooperation with certain investigations.  This rule shall not deny access to relevant information to authorized agencies investigating the qualifications of judicial candidates, or to other jurisdictions investigating qualifications for admission to practice, or to law enforcement agencies investigating qualifications for government employment.

      14.  Expungement.  On December 31 of each year, the state bar shall expunge all records or other evidence of grievances that have been terminated by dismissal for more than three years, except that upon application by the state bar, notice to the attorney and a showing of good cause, the supreme court may permit the state bar to retain such records for an additional period of time, not to exceed three years. After a file has been expunged, any response to an inquiry regarding a reference to the matter shall state that there is no record of such matter.

      15.  Statements by the State Bar of Nevada.  Notwithstanding Rule 121(1), the state bar may disseminate the procedural status and the general nature of a grievance or complaint upon request.

      16.  Exclusions.  These rules shall not prohibit any complainant, the accused attorney, or any witnesses from discussing publicly the existence of the proceedings under these rules or the underlying facts related thereto. However, disclosures made under this subsection, in whatever form or by whatever means, outside the disciplinary process shall not be covered by the civil immunity afforded in Rule 106(1).

      [Added; effective February 15, 1979; amended effective March 1, 2007.]

      Rule 121.1.  Dissemination of license status, discipline and disability information.

      1.  Entity responsible.  If the attorney’s suspension was imposed under Rule 98 for failure to pay state bar dues, then the state bar shall be responsible for issuing the notices required by Rule 121.1(2) and (3). If the attorney’s suspension was imposed under Rule 212 for failure to comply with continuing legal education requirements, then the board of continuing legal education shall be responsible for issuing the notices required by Rule 121.1(2) and (3). In all other cases, bar counsel shall be responsible for issuing the notices required by Rule 121.1(2) and (3).

      2.  Public notice of change in license status and discipline imposed.  The entity responsible under Rule 121.1(1) shall cause notices of orders that subject an attorney to disbarment or any form of suspension, including suspension under Rule 98 or Rule 212, that transfer an attorney to or from disability inactive status, that reinstate an attorney to the practice of law, or that approve an attorney’s resignation, with or without discipline pending, to be published in the state bar publication. The responsible entity also shall make these notices available to a newspaper of general circulation in each judicial district of this state in which the attorney maintained an office for the practice of law or carried on a substantial portion of his or her practice.

      The responsible entity shall also cause a notice of a public reprimand issued by the supreme court to be published in the state bar publication.

      The entity responsible for compliance with this provision has discretion in drafting public notices required by this rule, which may consist simply of the orders themselves. However, notices of orders that impose discipline should include sufficient information to adequately inform the public and members of the bar about the misconduct found, the rules violated, and the discipline imposed.

      3.  Notice to courts.  The entity responsible under Rule 121.1(1) shall promptly advise all courts in this state of orders that suspend or disbar an attorney, that transfer an attorney to or from disability inactive status, that approve an attorney’s resignation, or that reinstate an attorney to the practice of law.

      4.  Disclosure to National Discipline Data Bank.  Bar counsel shall notify the National Discipline Data Bank maintained by the American Bar Association Standing Committee on Professional Discipline of all public discipline imposed by the supreme court on an attorney, transfers to or from disability inactive status, reinstatements to the practice of law, and resignations with discipline pending.

      5.  Publication of supreme court orders.  The clerk of the supreme court shall cause any order issued by the supreme court that subjects an attorney to any form of public reprimand, suspension or disbarment, that transfers an attorney to or from disability inactive status, that approves an attorney’s resignation, or that reinstates an attorney to the practice of law to be published in pamphlet form and disseminated to all subscribers of the advance sheets of the Nevada Reports and to all persons and agencies listed in NRS 2.345.

      6.  Publication of public reprimand issued by state bar.  Bar counsel shall cause a public reprimand issued by the state bar under Rule 113 to be published in the state bar publication.

      [Added; effective October 5, 2003; amended effective March 1, 2007.]

      Rule 122.  Effective date.  These rules are effective on March 1, 2007; any disciplinary proceeding or matter either previously concluded, or pending on that date in which a formal complaint has been filed by bar counsel shall be governed by Rules 99 et seq. of the Supreme Court Rules in effect prior to the effective date.

      [Added; effective February 15, 1979; amended effective March 1, 2007.]

      Rule 123.  Citation to unpublished opinions and orders.  An unpublished opinion or order of the Nevada Supreme Court shall not be regarded as precedent and shall not be cited as legal authority except when the opinion or order is (1) relevant under the doctrines of law of the case, res judicata or collateral estoppel; (2) relevant to a criminal or disciplinary proceeding because it affects the same defendant or respondent in another such proceeding; or (3) relevant to an analysis of whether recommended discipline is consistent with previous discipline orders appearing in the state bar publication.

      [Added; effective August 23, 1983; amended effective March 1, 2007.]

G.  RESERVED

H.  CONTINUING LEGAL EDUCATION FOR ACTIVE MEMBERS OF THE STATE BAR

      Rule 205.  Definitions.  In these rules, unless the context or subject matter otherwise requires:

      1.  “Board” means the State of Nevada Board of Continuing Legal Education.

      2.  “Court” means the Supreme Court of the State of Nevada.

      3.  “Board of Governors” means the Board of Governors of the State Bar of Nevada.

      4.  “Active member” means an active member of the State Bar of Nevada. It also means any attorney who is subject to the same rules and regulations as an active member.

      5.  “Inactive member” means a member of the State Bar of Nevada in good standing but who is not an active member.

      6.  “Limited practice” means an attorney who does not qualify for active membership in the State Bar of Nevada but who is subject to continuing legal education requirements.

      7.  “Attorney subject to these rules” means any active, limited practice, or other attorney who is subject to continuing legal education requirements and who is not otherwise exempt pursuant to Rule 214.

      8.  “These rules” means Supreme Court Rules 205-215, inclusive, or any part thereof.

      [Added; effective February 19, 1982; amended effective January 15, 2010.]

      Rule 206.  Purpose.  It is of primary importance to the state bar and to the public that attorneys continue their legal education throughout the period of their practice of law or judicial service. Failure to do so constitutes grounds for action by the board, the court, and the state bar as provided herein. It is the purpose of these rules to establish minimum requirements of continuing legal education for attorneys subject to these rules and the means by which those requirements are to be enforced.

      [Added; effective February 19, 1982; amended effective January 15, 2010.]

      Rule 207.  Creation of board.

      1.  The board of continuing legal education is hereby created.

      2.  The board shall consist of seven (7) members, each of whom must be an active member. At least one (1) member must be concurrently serving as a member of the board of governors. One (1) member must be concurrently serving as a member of the state judiciary. Each member of the board shall have one (1) vote.

      3.  Six (6) members of the board shall be appointed by the board of governors. The court shall appoint the member of the judiciary. The board shall select its own chair. The board may, in its discretion, appoint nonvoting ex officio members to serve in an advisory capacity only.

      4.  The terms of the members of the board are as follows:

      (a) The term of each member shall be three (3) years; however, to ensure that no more than three (3) members’ regular terms expire at once, the board of governors may, in its discretion, designate that an appointee’s initial term shall be less than three (3) years.

      (b) The term of each member expires on December 31 of the final year of the member’s term.

      [Added; effective February 19, 1982; amended effective January 15, 2010.]

      Rule 208.  Powers and duties of board.  The board shall administer these rules. Without limiting the generality of this duty, the board has the following specific powers and duties:

      1.  To accredit individual courses and all or portions of programs of continuing legal education which, in the judgment of the board, will satisfy the educational requirements of these rules, according to regulations adopted by the board.

      2.  To grant accredited sponsorship status to certain sponsors of continuing legal education courses or programs, on such terms or conditions as the board may deem appropriate, according to regulations adopted by the board.

      3.  To determine the number of hours of credit each participant shall be entitled to receive for attendance or participation in each accredited course or educational activity, according to regulations adopted by the board.

      4.  To discover and encourage the offering of courses and programs which will satisfy the educational requirements of these rules, whether offered within or without the State of Nevada.

      5.  To adopt, publish and enforce regulations pertinent to these powers and duties.

      6.  To adopt and publish forms to facilitate compliance with these rules and the board’s regulations.

      7.  To adopt bylaws to govern the internal conduct of its affairs.

      8.  To make recommendations to the court concerning these rules.

      9.  To maintain its own offices and employ an executive director and other such persons as the board deems necessary for the proper administration of these rules.

      10.  To report at least annually to the board of governors and to the court concerning its activities. On the application of the board of governors or on its own motion, the court may order the board to review these rules or any of its regulations, forms, or bylaws and to report to the court concerning any proposed amendments thereto. Absent such a court order, the board may amend its regulations, forms, or bylaws without prior court approval.

      11.  To collect an annual fee from each attorney subject to these rules, and to assess fees and other penalties for noncompliance with these rules. All fees collected must be utilized for the cost of administration by the board of these rules.

      12.  To sue and be sued in its own name, and to carry out and defend the purposes, duties, and powers imposed upon or granted to the board in these rules. Individual members of the board, its executive director, and all staff persons assisting them shall have absolute immunity from civil liability for all acts undertaken in the course of their official duties pursuant to these rules.

      13.  To refer to the state bar for appropriate disciplinary action any attorney who engages in perceived illegal or unethical conduct in response to any of the requirements of these rules.

      [Added; effective February 19, 1982; amended effective January 15, 2010.]

      Rule 209.  Expenses of board.  Members of the board shall serve without compensation, but each member is entitled to reimbursement by the board for actual and necessary expenses incurred in the performance of the member’s duties.

      [Added; effective February 19, 1982; amended effective December 30, 1983.]

      Rule 210.  Minimum continuing legal education requirements.  To meet the annual minimum continuing legal education requirements imposed by these rules, each attorney subject to these rules must timely: submit an annual fee, complete the requisite number of credit hours, and submit an annual compliance report.

      1.  Annual Fee.  The amount of the annual fee is $40, made payable to the Nevada Board of Continuing Legal Education, and must be postmarked on or before March 1 of the year for which the fee is required to be paid.

      2.  Credit hours.

      (a) Subject to the carry forward provisions of subparagraph (b), a minimum of twelve (12) hours of accredited educational activity, as defined by the regulations adopted by the board, must be completed by December 31 of each year. Of the twelve (12) hours, at least two (2) shall be exclusively in the area of ethics and professional conduct. At least one (1) hour every three (3) years shall be exclusively in the area of substance abuse, addictive disorders and/or mental health issues that impair professional competence.

      (b) Any attorney subject to these rules who completes more than twelve (12) hours of accredited educational activity in any calendar year may carry forward up to twenty (20) hours of excess credit and apply the same to the attorney’s general educational requirement for the next two (2) calendar years. Likewise, any attorney subject to these rules who completes more than two (2) hours of ethics and professional conduct credit in any calendar year may carry forward up to four (4) hours of excess credit and apply the same to the attorney’s ethics and professional conduct educational requirement for the next two (2) calendar years.

      3.  Annual compliance report.  A properly completed and verified written compliance report must be submitted to the board, and must be postmarked on or before March 1 each year. The report must be submitted on a form to be provided by the board. The board shall, no later than six (6) weeks prior to the due date, send a compliance report form to each attorney subject to these rules. The report shall include the attorney’s mailing address and shall state the attorney’s compliance with the credit hour requirements during the preceding calendar year. It shall not be a defense to noncompliance that the attorney did not receive the compliance report form.

      [Added; effective February 19, 1982; amended effective February 11, 2013.]

      Rule 211.  Reserved.

 

      Rule 212.  Penalties for noncompliance.

      1.  Procedure in event of noncompliance.  An attorney who is subject to these rules and who fails to timely comply with their provisions shall be subject to the following:

      (a) Extension fee for additional time to complete requisite continuing education credit hours.  In the event that an attorney subject to the requirements of Rule 210(2) fails to complete the requisite continuing education credit hours by December 31, the board may grant, upon written request, an extension of time to March 1 to obtain credits to cure the deficiency from the preceding calendar year. The request for an extension of time must be accompanied by an extension fee of $50. The fee for an extension of time is separate from and in addition to the annual fee.

      (b) Late fee for failure to timely pay annual fee or submit compliance report: notice of noncompliance.  In the event that an attorney subject to the requirements of Rule 210 fails to meet the March 1 deadline for paying the annual fee and/or submitting the annual compliance report, the board shall assess a late fee of $100. The late fee is separate from and in addition to the annual fee and any other fees owed. The late fee shall be assessed in a notice of noncompliance, which shall be mailed by the board via first-class mail to the attorney’s last known address on or about April 1. The notice of noncompliance shall:

             (1) state the manner in which the attorney has failed, or appears to have failed, to comply with the requirements of Rule 210 resulting in a deficiency;

             (2) advise the attorney that to cure the deficiency the attorney must comply with the applicable rules and pay all applicable fees including late fees; and

             (3) advise the attorney that to avoid being the subject of a petition for suspension, the deficiency must be completely cured on or before May 1. It shall not be a defense to noncompliance that the attorney did not receive the notice of noncompliance.

      2.  Petition for suspension.  Failure to timely comply with the provisions of these rules shall result in the board placing the attorney’s name on a petition to be filed with the court to have the attorney’s status changed to CLE suspended and to be barred from practicing law in the State of Nevada until such time as the attorney is reinstated pursuant to Rule 213. The petition shall conform, to the extent practicable, to the requirements of NRAP 21 and shall be served on the attorney via certified mail to the attorney’s last known address on or about June 1. It shall not be a defense to noncompliance that the attorney did not receive the petition.

      3.  Order to show cause.  The court, after reviewing the petition, may order the attorney to show cause why the attorney’s status should not be changed to CLE suspended and why the attorney should not be barred from practicing law in the State of Nevada until such time as the attorney is reinstated pursuant to Rule 213.

      4.  Consent to dismissal; increased penalties for repeat offenders.

      (a) Consent to dismissal.  In the event that an attorney who has been placed on a petition pursuant to subsection 2 demonstrates compliance with these rules prior to suspension by the court, the board may consent to dismissal of the petition with prejudice as to that attorney, subject to the payment of the requisite fee.

      (b) Fee: penalties for repeat offenders.  The fee for processing the consent to dismissal shall be as follows:

             (1) $250 the first time an attorney has been placed on petition in the preceding five-year period.

             (2) $350 the second time an attorney has been placed on petition in the preceding five-year period.

             (3) $550 the third time an attorney has been placed on petition in the preceding five-year period.

             (4) $850 the fourth time an attorney has been placed on petition in the preceding five-year period.

             (5) $1,250 the fifth time an attorney has been placed on petition in the preceding five-year period.

The consent to dismissal fee is separate from and in addition to any other fees owed.

      5.  Order of CLE suspension; publication required; other requirements.  If an attorney placed on petition and ordered to show cause under this rule fails to demonstrate cause as ordered, the court may order the attorney suspended for noncompliance with these rules. The order of suspension shall be published in the state bar’s official publication. In the event that the court suspends an attorney for noncompliance with these rules, the attorney is not entitled to engage in the practice of law in the State of Nevada until such time as the attorney is reinstated under Rule 213. An attorney who is suspended for noncompliance with these rules must comply with Rule 115. If the attorney fails to comply with Rule 115, then the board shall proceed under Rule 118. The board shall also comply with Rule 121.1.

      6.  Multiple suspensions; referral to state bar.  In the event that an attorney is suspended by the court for noncompliance with all or any portion of these rules more than once within a five-year period, that attorney shall be referred by the board to the state bar for appropriate disciplinary action.

      [Added; effective February 19, 1982; amended effective January 15, 2010.]

      Rule 213.  Reinstatement to active status.

      1.  Application for reinstatement.  If an attorney has been suspended as a result of noncompliance with all or any portion of these rules, the attorney may apply for reinstatement as follows:

      (a) Application.  The attorney must file with the board a reinstatement application, properly verified and fully and accurately completed, in a form approved by the board.

      (b) Reinstatement fee.  The reinstatement application must be accompanied by a fee of $500. The reinstatement fee is separate from and in addition to the annual fee required to be paid for the year in which reinstatement is sought.

      (c) Reinstatement credits.  The reinstatement application must be accompanied by proof that the attorney has completed a minimum of fifteen (15) hours of accredited educational activity, at least six (6) of which must be exclusively in the area of ethics and professional conduct within the period of twelve (12) months immediately preceding the filing of the application with the board. This requirement is separate from and in addition to the annual credit requirement of Rule 210(2).

      2.  Approval by the board.  If the application for reinstatement appears satisfactory to the board, the board shall notify the clerk of the court and the state bar that the suspended attorney has completed the requirements for reinstatement, and, so long as the sole condition of reinstatement is compliance with Rule 213, the suspended attorney shall become automatically reinstated upon receipt by the clerk of the court of the notice from the board stating that the attorney has complied with the requirements of this rule.

      [Added; effective February 19, 1982; amended effective January 15, 2010.]

      Rule 214.  Exemptions.

      1.  The following attorneys are entitled to an exemption from the requirements of Rule 210:

      (a) Any active member who has successfully completed the Nevada state bar examination in the present calendar year. The exemption shall be for the remainder of the calendar year in which the examination was successfully completed and the first full calendar year thereafter. Commencing on January 1 of the second calendar year after the successful completion of the examination, the active member becomes subject to these rules. Notwithstanding this exemption, each active member of the state bar, within the first year following the successful completion of the Nevada state bar examination, shall complete the Introduction to Nevada Practice and Procedure program.

      (b) Any active member who is a full-time member of the federal judiciary.

      (c) Any member of the state bar who, while not in default of the obligations imposed by these rules, has been voluntarily placed on inactive status; provided, however, that such voluntary placement must have been given in writing to the state bar and the board prior to the expiration of the applicable calendar year for which the exemption is claimed.

      (d) Any active member who has attained the age of 70 years.

      (e) Any active member who is deployed on full-time active duty in the armed forces of the United States, until the member’s release from active military service and resumption of the practice of law.

      2.  The board, in its discretion, may grant an attorney subject to these rules an exemption upon circumstances constituting exceptional, extreme and undue hardship unique to the attorney, subject to the following:

      (a) The attorney seeking the exemption shall promptly file with the board a verified application, specifying in detail the circumstances which the attorney believes afford a basis for an exemption;

      (b) The board may, but need not, exempt the attorney from all or a portion of these rules; and

      (c) The board may condition the exemption upon such terms and conditions, and limit the exemption or partial exemption to such period of time, as the board may deem appropriate.

      [Added; effective February 19, 1982; amended effective January 15, 2010.]

      Rule 215.  Reporting change of address; penalty for failure to timely report.

      1.  Duty to notify of change of address.  Every attorney subject to these rules shall maintain a permanent mailing address with the board to which all communications to the attorney shall be addressed. The attorney must advise the board of any change of address within thirty (30) days after such change. The obligations under this rule are separate and distinct from the requirements of Rule 79; therefore, compliance with Rule 79 is not deemed compliance with this rule.

      2.  Penalty for failure to timely report change of address.  Failure to timely advise the board of a change of address pursuant to this rule shall result in assessment of a penalty of $150. The penalty for failure to timely report the attorney’s change of address is separate from and in addition to any other fees collected by the board. It is also separate and distinct from any fees collected by the state bar under Rule 79. Failure to comply with the provisions of this rule is also a basis for the attorney’s name being placed on a petition for suspension pursuant to Rule 212(2).

      [Added; effective February 19, 1982; amended effective January 15, 2010.]

I.  CLIENTS’ INTEREST-BEARING TRUST ACCOUNTS

      Rule 216.  Creation of foundation.

      1.  The board of governors, with the approval of the supreme court, shall designate a tax-exempt bar foundation for the purposes of providing legally related services to the poor, to the victims of domestic violence, and to children protected by or in need of protection of the juvenile court; promoting or providing law-related educational programs for members of the public; and providing similar programs which qualify for tax-exempt status by the United States Internal Revenue Service under I.R.C. section 501(c)(3) or any additions thereto or amendments thereof. To carry out these purposes, the bar foundation may utilize the income accrued from interest-bearing client’s trust accounts (IOLTA funds) as authorized by Rules 216 through 221, and as the supreme court may otherwise order.

      (a) A major portion of all IOLTA funds shall be disbursed for the purposes of providing legally related services to the poor, to victims of domestic violence, and to children protected by or in need of protection of the juvenile court. The remainder of the IOLTA funds shall be spent as the bar foundation deems appropriate, keeping in mind the purposes set forth in this rule.

      (b) Among factors to be considered in disbursing the funds should be the geographic origin of the funds.

      2.  The governing body of the designated bar foundation shall be composed of a minimum of 11 and no more than 17 members. At maximum capacity, 12 of the members shall be members in good standing of the state bar, and 5 shall be lay persons who have knowledge of and are acquainted with the needs of the poor, victims of domestic violence, and children protected by or in need of protection of the juvenile court. The Board shall include at least 4 lay persons at all times.

      (a) None of the members of the bar foundations’ governing body shall also be a member of the board of governors of the state bar or be related to any member of the board of governors within the third degree of consanguinity.

      (b) The members of the bar foundations’ governing body shall not be members of the governing body or employees of grantee organizations.

      3.  The terms of office of the members of the governing body of the bar foundation shall be staggered. Each member shall be appointed for a term of 2 years. No member may serve on the governing body for more than a lifetime total of 10 years. The time served in filling a partial term created by a vacancy shall not be included in computing the 10-year lifetime limit.

      4.  All appointments shall be for a term of 2 years, commencing June 30th, to be made by the supreme court in even-numbered years and by the board of governors of the state bar in odd-numbered years.

      5.  Vacancies on the governing body of the bar foundation shall be filled by the original appointing entity by appointment.

      6.  The principal office of the bar foundation shall be situated in Clark County.

      [Added; effective May 27, 1983; amended effective December 31, 2012.]

      Rule 217.  Creation and maintenance of interest-bearing trust accounts.  A member of the state bar or the member’s law firm shall create or maintain an interest-bearing trust account for clients’ funds which are nominal in amount or to be held for a short period of time in any banking, credit union, or savings and loan association which is in compliance with the following provisions:

      1.  An interest-bearing trust account established pursuant to this rule may be established with any bank, credit union, or savings and loan association authorized by federal or state law to do business in Nevada, located in Nevada and insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation or other financial institution approved by the state bar pursuant to Rule 78.5 of these rules. Funds in each interest-bearing account shall be subject to withdrawal upon request and without delay.

      2.  Interest minimum standards.  The rate of interest payable upon any interest-bearing trust account shall meet any one of the following minimum standards:

      (a) The 30-day LIBOR minus .50 percent, or, the Federal Discount Rate plus .50 percent, whichever is greater; or

      (b) Equal to the Federal Fund Target Rate, or, the Federal Discount Rate plus .50 percent, whichever is greater; or

      (c) Equal to or greater than a flat interest rate, which rate shall be reviewed and approved by the Access to Justice Commission twice annually and made public at least 30 days prior to the effective date.

      (d) Higher rates offered by the institution to customers whose deposits exceed certain time or quantity minima, such as those offered in the form of certificates of deposit, are permissible so long as there is no impairment of the right to withdraw or transfer principal immediately without penalty.

      3.  Fees prohibited.  Accounts under this rule shall be exempt from service charges and fees.

      4.  Reporting.  A member of the state bar or the member’s law firm establishing such account shall:

      (a) Direct the depository institution to:

             (i) remit interest or dividends, as the case may be, on the average monthly balance in the account or as otherwise computed in accordance with an institution’s standard accounting practice at least monthly, to the designated tax-exempt foundation pursuant to Rule 216;

             (ii) transmit with each remittance in an electronic format to be specified by the designated tax-exempt foundation a statement which shall include:

      (1) the name of the member of the state bar or the member’s law firm for whom the remittance is sent;

      (2) the rate of interest applied;

      (3) the account number for each account;

      (4) the average amount on deposit for each account;

      (5) the rate and type of interest or dividends remitted;

      (6) the amount and type of charges or fee deducted, if any;

      (7) the average account balance for the monthly period for which the report is made; and

             (iii) transmit to the depositing member of the state bar or the member’s law firm at the same time a report showing the amount paid to the designated tax-exempt foundation; and

      (b) Establish and follow reasonably prudent procedures to verify, at least annually, that each account maintained under this rule is on deposit with an institution currently listed by the designated tax-exempt foundation as operating in compliance with the Interest Minimum Standards set forth in subsection 2 above. Member verification shall be reported to the State Bar, by completing and submitting a form provided with the annual membership fee statements.

      5.  Exceptions.  If the member or the member’s law firm does not maintain an office within 20 miles of a complying financial institution pursuant to subsection 6:

      (a) The minimum interest standards set forth in subsection 2 (a)-(c) are waived; and

      (b) The reporting requirements of subsection 4(a)(ii) are partially waived such that the member must direct the depositing institution to report at least quarterly, electronically if possible, to include at a minimum the name of the member of the state bar or the member’s law firm for whom the remittance is sent and the rate of interest applied.

Notice of waiver shall be reported by the member or member’s law firm annually on a form to be provided by the state bar with annual membership fee statements.

      6.  List of complying financial institutions.  The designated tax-exempt foundation shall maintain an accurate and up-to-date list of all financial institutions as defined in subsection 1 above, which are in compliance with the Interest Minimum Standards set forth in subsection 2 above. This list shall be provided to the State Bar by the designated tax-exempt foundation, posted on the State Bar’s website and published in other media from time to time to facilitate members’ compliance with this rule.

      7.  Effective dates; compliance monitoring.  The amendments to this rule mandated by order dated December 16, 2009, shall be effective 30 days from entry of order. The designated tax-exempt foundation pursuant to Rule 216 shall begin monitoring banking compliance within 30 days of the effective date and provide reports at least quarterly to the Access to Justice Commission and the State Bar of Nevada. The first member reporting required pursuant to subsection 5(b) shall begin in 2010, and reported in the 2011 annual membership fee statements.

      8.  Non-compliance; assessment/suspension. Active members who fail to meet the requirements of this rule shall be notified of their non-compliance, in writing, by the State Bar. Upon the expiration of 30 days from the date the State Bar sends the member notice of non-compliance, said non-compliant member shall be:

      (a) Assessed $200, payable within 30 days to the designated tax-exempt foundation pursuant to Rule 216; and

      (b) Suspended from membership in the State Bar, but may be reinstated upon filing verification of compliance on a form to be provided by the State Bar.

Supplying false information in response to the requirements of this rule shall subject the member to appropriate disciplinary action.

      [Added; effective May 27, 1983; amended effective July 5, 2011.]

      Rule 219.  Availability of earnings to client.  Upon request of a client, when economically feasible, earnings shall be made available to the client on deposited trust funds which are neither nominal in amount nor to be held for a short period of time.

      [Added; effective May 27, 1983.]

      Rule 220.  Availability of earnings to attorney.  No earnings from clients’ funds may be made available to a member of the state bar or the member’s law firm except as disbursed through the designated Bar Foundation for services rendered.

      [Added; effective May 27, 1983.]

      Rule 220.5.  Annual statements.

      1.  The bar foundation shall submit annually to the supreme court an audited financial statement in sufficient detail to analyze expenditures, and shall cause the financial statement to be published annually in the state bar publication.

      2.  The bar foundation shall provide the supreme court with an annual statement concerning the performance of the recipients of grants, including a declaration of how the recipients have expended the funds.

      [Added; effective January 6, 1991.]

      Rule 221.  Determination of whether funds are eligible.  The determination of whether a client’s funds are nominal in amount or to be held for a short period of time rests exclusively in the sound judgment of each member of the state bar, and no charge of ethical impropriety or other breach of professional conduct shall attend the member’s good faith exercise of judgment in that regard.

      [Added; effective May 27, 1983.]

J.  RULES OF PROCEDURE FOR THE STANDING COMMITTEE ON ETHICS AND PROFESSIONAL RESPONSIBILITY

      Rule 222.  Purpose.  Recognizing the need to prevent harm to the public from the unethical practice of law and recognizing the need to provide a clear and timely understanding of the ethics of practicing law; and further acting under its inherent power to regulate the practice of law, this court promulgates the following rules for the purpose of making available advisory opinions on the ethical considerations of the practice of law.

      [Added; effective June 24, 1985.]

      Rule 223.  Creation and organization of the committee.

      1.  The standing committee on professional responsibility and conduct is hereby created.

      2.  The membership of the committee shall consist of not less than seven and not more than ten members, appointed or reappointed by the board of governors for a 2-year term of office. The initial membership shall have staggered terms. At the discretion of the board, one of the members shall be a lay person who is not admitted to the bar of this state or any other state. The members of the committee shall not be subject to removal by the board of governors during their terms of office, except for cause. Cause shall include unexcused failures to attend scheduled meetings, the number of which shall be set forth by the committee in an attendance policy.

      3.  The officers of the committee shall be the chair and vice-chair appointed or reappointed by the board of governors every 2 years.

      4.  Committee meetings shall be held on the call of the chair. A quorum shall consist of four members of the committee. Any member who fails to attend three consecutive meetings may, in the discretion of the chair or board of governors, be deemed to have resigned. Within 30 days of each committee meeting, the minutes of each meeting shall be forwarded to the executive director of the state bar.

      [Added; effective June 24, 1985; amended effective April 8, 2002.]

      Rule 224.  Functions of the committee.  The committee shall:

      1.  Assist members of the state bar in their desire to appreciate, understand, and adhere to ethical and professional standards of conduct. Except as provided hereinafter, the committee shall respond to requests from all persons and entities seeking advisory opinions concerning the ethical and professional standards of practicing law. This assistance shall include, but is not limited to:

      (a) Issuance to members of the bar of advisory opinions on the ethical propriety of hypothetical attorney conduct at the request of members of the state bar or on its own initiative;

      (b) Response to such inquiries from the public as the committee in its discretion deems appropriate; and

      (c) Publication of its opinions and responses.

      2.  Assist the supreme court through the board of governors by studying and recommending additions, amendments to, or repeal of rules of professional conduct of the state bar or other laws governing the conduct of attorneys, and perform other such functions as may be assigned to the committee by the court or the board.

      3.  Assist the public, including lawyers and judges, to understand the professional obligations of members of the state bar, which assistance shall include, but is not limited to, sponsoring educational programs and conferences.

      [Added; effective June 24, 1985.]

      Rule 225.  Opinions.  Advisory opinions may be issued by the committee as follows:

      1.  When it is determined that a request warrants a formal opinion, the hypothetical facts and request shall be distributed to the executive director of the state bar, bar counsel, chairpersons of the Nevada state bar disciplinary boards, other appropriate committees of the state bar, individuals on the state bar staff who participate in regulatory activities, and in the discretion of the chair, other interested persons or entities, advising them that the hypothetical is under consideration by the committee for a formal opinion and requesting their comments thereon within 30 days or such other period of time as the chair may designate.

      2.  Drafts of opinions shall be prepared by a member or members assigned by the chair and circulated to the membership by mail. Opinions shall set forth:

      (a) Hypothetical facts of the ethical question presented in a general manner without identification of the requesting attorney or any details of the request which would permit such identification;

      (b) The rules of professional conduct or other authorities relied upon;

      (c) A discussion; and

      (d) A conclusion.

      3.  Proposed opinions may be approved only if not less than five members of the committee agree, whether at a meeting or by postal ballot, provided that if the draft opinion has not been discussed at a meeting, it will not be approved by postal ballot if, within 10 days after mailing of the ballot, two or more of the members request discussion at a succeeding meeting of the committee. Any of the members not responding to a postal ballot within 10 days after mailing of the ballot will be deemed to have approved the proposed opinion.

      4.  Committee members shall not participate in any matter in which they have either a material pecuniary interest that would be affected by a proposed advisory opinion or committee recommendation, or any other conflict of interest that should prevent them from participating. However, no action of the committee will be invalid where full disclosure has been made and the committee has not decided that the member’s participation was improper.

      5.  All opinions issued by the committee express only the judgment of the committee and are advisory only. Each letter and formal opinion shall conclude with the following statement:

 

       This opinion is issued by the standing committee on ethics and professional responsibility of the State Bar of Nevada, pursuant to S.C.R. 225. It is advisory only. It is not binding upon the courts, the State Bar of Nevada, its board of governors, any persons or tribunals charged with regulatory responsibilities, or any member of the state bar.

 

      6.  The formal advisory opinion shall be furnished by personal delivery or certified mail to the person requesting the opinion. The committee shall also file a copy of the opinion and all materials considered by the committee in adopting the opinion with the clerk of the Nevada supreme court. The court has the authority to review the opinion and to consider any objections to it.

      7.  The committee shall not act on requests for opinions when any of the following circumstances exist:

      (a) There is a pending state bar complaint, investigation, proceeding, or litigation concerning the subject of the request.

      (b) The request constitutes a complaint against a member of the state bar.

      (c) The request involves procedures employed by the bar in processing complaints against members of the state bar.

      (d) The request involves activities, the propriety of which depends principally on a question of law unrelated to legal ethics.

      (e) Where it is known that the request involves a situation in litigation or concerns threatened litigation or involves the propriety of sanctions within the purview of the courts, such as contempt.

      (f) The committee has by majority vote determined that it would be inadvisable to respond to the request and has specified in writing its reasoning to the person who requested the opinion. A copy of the committee’s response shall be sent to the executive director of the state bar.

      8.  At any time after a request for an opinion has been assigned for drafting, but before actual publication, if any of the circumstances enumerated in sections 7(a) through (f) of this rule arise, the committee shall decline to act further on the request and no opinion shall be published. In such event, the committee shall follow the procedure set forth in section 7(f) of this rule.

      9.  All formal advisory opinions shall be numbered and maintained on file at the state bar office and shall be available to any member of the bench or bar upon request. A reasonable charge to defray the costs of reproduction of such opinions and postage may be fixed by the board of governors.

      [Added; effective June 24, 1985.]

      Rule 226.  Recommendations for revision or amendment of rules of professional conduct and other laws governing attorneys.  The committee shall, upon recommendation of the board of governors or on its own initiative with the concurrence of the Nevada state bar disciplinary boards by and through bar counsel, study and submit recommendations to the supreme court through the board of governors regarding proposed additions or amendments to or repeal of rules of professional conduct of the state bar or other laws governing the conduct of attorneys.

      [Added; effective June 24, 1985.]

      Rule 227.  Reports and procedures.

      1.  The committee shall:

      (a) Receive requests for opinions.

      (b) Advise members of the state bar of the existence, functions and procedures of the committee.

      (c) Consult with bar counsel to determine whether any circumstances, including those enumerated in S.C.R. 225(7)(a)-(f), exist which preclude or mitigate against committee action.

      (d) Issue approved formal opinions to the requesting attorney.

      (e) In coordination with the executive director of the state bar cause opinions issued by the committee to be published as appropriate.

      (f) Maintain all official files and records of the committee and make such files available to interested members of the bench and bar as appropriate.

      (g) Apply to the supreme court through the board of governors for revision, modification and amendment of these rules as the committee deems required.

      2.  The committee shall:

      (a) Forward approved formal opinions to the state bar office for filing and publication as appropriate.

      (b) Report in writing to the supreme court through the board of governors, at least quarterly, the number of advisory opinions requested during the reporting period, the number of opinions issued during the reporting period, and the number of requests to which the committee has declined to respond.

      [Added; effective June 24, 1985.]

      Rule 228.  Immunity.  The board of governors, members of the committee and all staff persons assisting them shall have absolute immunity from civil liability for all acts undertaken in the course of their official duties pursuant to these rules.

      [Added; effective June 24, 1985.]

PART IV.  RULES ON ELECTRONIC COVERAGE OF COURT PROCEEDINGS

      Rule 229.  Definitions and scope.

      1.  Definitions.

      (a) “Judge” means the particular judge, justice, or judicial officer who is presiding over the public proceeding, or his or her designee (e.g., Public Information Officer, Clerk or Court Administrator).

      (b) “Proceeding” means any trial, hearing, motion, hearing on an order to show cause or petition, or any other matter held in open court which the public is entitled to attend.

      (c) “News reporter” shall include any person who gathers, prepares, collects, photographs, records, writes, edits, reports, or publishes news or information that concerns local, national, or international events or other matters of public interest for dissemination to the public.

      (d) “Electronic coverage” means broadcasting, televising, recording or taking photographs by any means, including but not limited to video cameras, still cameras, cellular phones with photographic or recording capabilities or computers.

      2.  Scope.

      (a) These rules do not govern the coverage of a proceeding by a news reporter who is not using a camera or electronic equipment.

      (b) Except as provided by these rules, the use of cameras, cellular phones or other electronic devices to photograph or record courtroom proceedings without the express permission of the judge is prohibited.

      [Added; effective May 30, 1988; amended effective August 31, 2011.]

      Rule 230.  Duty of news reporters to obtain permission.

      1.  News reporters desiring permission to provide electronic coverage of a proceeding in the courtroom shall file a written request with the judge at least 24 hours before the proceeding commences, however, the judge may grant such a request on shorter notice or waive the requirement for a written request. The attorneys of record shall be notified by the court administrator or by the clerk of the court of the filing of any such request by a news reporter. The written order of the judge granting or denying access by a news reporter to a proceeding shall be made a part of the record of the proceedings.

      2.  Under these rules, there is a presumption that all courtroom proceedings that are open to the public are subject to electronic coverage. A judge shall make particularized findings on the record when determining whether electronic coverage will be allowed at a proceeding, in whole or in part. Specifically, the judge shall consider the following factors:

      (a) The impact of coverage upon the right of any party to a fair trial;

      (b) The impact of coverage upon the right of privacy of any party or witness;

      (c) The impact of coverage upon the safety and well-being of any party, witness or juror;

      (d) The likelihood that coverage would distract participants or would detract from the dignity of the proceedings;

      (e) The adequacy of the physical facilities of the court for coverage; and

      (f) Any other factor affecting the fair administration of justice.

      [Added; effective May 30, 1988; amended effective August 31, 2011.]

      Rule 231.  Revocation of permission.

      1.  If any news reporter fails to comply with the conditions prescribed by the judge, the judge may revoke that individual’s permission to provide electronic coverage of the proceeding.

      2.  This authorization may be revoked at any time without prior notice when, in the judge’s discretion, it appears that electronic coverage of the judicial proceedings is interfering in any way with the proper administration of justice.

      3.  If permission is revoked, the judge shall make particularized findings on the record.

      [Added; effective May 30, 1988; amended effective August 31, 2011.]

      Rule 232.  Liaison.

      1.  Court representative.  The judge shall maintain communication and liaison with news reporters so as to ensure smooth working relationships and to provide any suggestions to improve these guidelines.

      2.  Media representative.  In conjunction with these rules to govern electronic coverage during court proceedings, it is the responsibility of news reporters to designate a representative with whom the court may consult.

      [Added; effective May 30, 1988; amended effective August 31, 2011.]

      Rule 233.  Pooling.

      1.  Unless specifically authorized by the judge, no more than one television camera person and one still photographer should be taking pictures in the courtroom at any one time. If more than one news reporter has permission to participate, it is the responsibility of the news reporters to determine who will participate at any given time or, in the alternative, how they will pool their coverage. This understanding should be reached outside the courtroom and before the court session, and must be done without imposing on the court or court personnel. In the event that the news reporters cannot agree on who will participate, the judge shall select the pool camera that will be allowed to participate. Priority as the video pool camera should favor a media outlet that is televising an entire proceeding.

      2.  To be eligible to participate in a camera pool, a news reporter must apply prior to a court proceeding for appropriate permission pursuant to Rule 230(1).

      3.  Any pooling arrangements necessitated among the news reporters by these limitations on equipment and personnel shall be the sole responsibility of the news reporters and must be arranged prior to coverage without calling upon the court to mediate any dispute regarding appropriate personnel or equipment. Every effort must be made for the joint use of audio and photographic equipment within the courtroom.

      4.  If pooling arrangements are employed, such data or information is to be available equally to all pool participants in a generally accepted form or format, and the pool representative shall charge no fees or expenses to the other pool participants. The pool representative is not to be given any economic or coverage advantage over the other pool participants. If costs are associated with establishing media pool coverage, the costs should be shared among the pool participants.

      5.  News reporters utilizing video or still cameras shall not utilize equipment that produces distracting sounds. News reporters utilizing such equipment may have their permission to video or photograph the proceeding revoked.

      6.  News reporters shall not interrupt a court proceeding with a technical or equipment problem.

      [Added; effective May 30, 1988; amended effective August 31, 2011.]

      Rule 234.  Audio systems.  A single audio system will provide sound for both radio and television use, preferably the existing audio system present in the courtroom. If such a system does not exist or is not satisfactory for radio and television use, the affected news reporters shall report that fact to the judge, and shall install, at the affected news reporters’ expense, microphones and related wiring in advance of the trial or during a recess or adjournment in such a way as to keep the equipment as unobtrusive as possible. Such equipment shall be located in places designated in advance of any proceeding by the court or its designee.

      [Added; effective May 30, 1988; amended effective August 31, 2011.]

      Rule 235.  Location of equipment and personnel.

      1.  Broadcast equipment shall be positioned in such locations in the court facility as shall be designated by the judge. The area designated shall provide reasonable access to coverage.

      2.  All equipment shall be in place and tested 15 minutes in advance of the time the court is called to order and should be as unobtrusive as possible. If equipment is not in place prior to a court hearing, a judge may deny access until a break in the proceeding.

      3.  Still photography.  The still camera photographer shall be positioned in such locations in the court facility as shall be designated by the judge. The areas designated shall provide reasonable access to coverage. The still camera photographer shall assume a fixed position within the designated area, and once the photographer is positioned, such photographer shall not move about in any way as to attract attention. If the still camera being used produces audible noise, the photographer shall limit the number of photographs so as not to distract from the court proceeding.

      4.  Wires.  Wires, microphones, and similar equipment shall be placed as unobtrusively as possible within the courtroom at least 15 minutes before the proceedings begin and will be secured or taped down when this is appropriate. All wiring shall be unobtrusive or hidden, and must be placed where it will not interfere with anyone or constitute a hazard. The bailiff shall inspect the location of any wires, microphones, and other equipment to see that they comply with these rules.

      [Added; effective May 30, 1988; amended effective August 31, 2011.]

      Rule 236.  Dress and decorum.

      1.  News reporters should present a neat appearance in keeping with the dignity of the proceedings.

      2.  The decorum and dignity of the court, the courtroom, and the proceedings must be maintained at all times.

      [Added; effective May 30, 1988; amended effective August 31, 2011.]

      Rule 237.  Limitations (personnel).  Operation of video or still cameras in the courtroom will be allowed only for news reporters designated by the pool coordinator or by the court pursuant to these rules.

      [Added; effective May 30, 1988; amended effective August 31, 2011.]

      Rule 238.  Limitations (jury).

      1.  Requirements of sequestration of the jury.  In any case where a jury has been impanelled, such jury shall not be sequestered solely because of any activity authorized by these guidelines. This rules does not affect the authority of the judge to order sequestration for any other lawful purpose.

      2.  Photography of jury.  Consent of the jury shall not be required. News reporters will not deliberately photograph the jury or individual jurors. However, it is recognized that, because of the physical layout of some courtrooms and the general trial activity in any courtroom, it may be impossible not to photograph some jurors as part of the proceedings. To the extent possible, news reporters shall locate and focus their equipment in such a manner as to minimize photographs of the jury.

      3.  News reporters shall not deliberately photograph the jury or individual jurors during the pendency of the proceeding. News reporters or news organizations who violate this provision may be excluded from further participation in electronic news coverage authorized in these rules.

      [Added; effective May 30, 1988; amended effective August 31, 2011.]

      Rule 239.  Limitations (conferences of counsel).  Camera coverage shall be limited to proceedings open to the public. In order to protect the attorney/client privilege and the right to effective assistance of counsel, news reporters shall not record or broadcast by audio or video transmission the content of any privileged conference, including, but not limited to, conferences occurring between attorneys and their clients, between attorneys, between clients or between or among attorneys, their clients and the judge when the judge calls for a colloquy at the bench.

      [Added; effective May 30, 1988; amended effective August 31, 2011.]

      Rule 240.  Limitations (consent of parties).

      1.  Consent of participants.  The consent of participants to coverage is not required. The judge, however, in the exercise of sound discretion, may prohibit the filming or photographing of any participant who does not consent to being filmed or photographed. This is in recognition of the authority reposing in the judge, upon the exercise of sound discretion, to hold certain judicial proceedings, or portions thereof in camera and in recognition of the fact that certain proceedings or portions thereof are made confidential by law. This provision does not apply to jurors during the pendency of the proceeding as they are covered elsewhere in these rules.

      2.  Consent not to be given for payment.  No witness, juror or party shall give consent to coverage for any payment, of any kind or character, either directly or indirectly.

      [Added; effective May 30, 1988; amended effective August 31, 2011.]

      Rule 241.  Limitations (use of broadcast material).

      1.  Video, photography or audio reproductions may only be used for educational or informational purposes, and may not be used for unrelated advertising purposes.

      2.  Official record.  The official court record of any proceeding is the transcript of the original notes of the court reporter or court recorder made in open court. Videos, photographs or audio reproductions made in a court proceeding as a result of these rules shall not be considered as part of the official court record.

      [Added; effective May 30, 1988; amended effective August 31, 2011.]

      Rule 242.  Limitations (restricted access).

      1.  Court discretion.  During the conduct of any proceeding at which the print media is ordered by the judge to be excluded, all other types of news reporters shall also be excluded.

      2.  News reporters shall have no greater rights of access than the public.

      3.  Audio or visual equipment authorized by these rules must not be operated during a recess in a court proceeding unless otherwise approved by the judge, with notice to counsel.

      [Added; effective May 30, 1988; amended effective August 31, 2011.]

      Rule 243.  Appellate process.  No direct appellate review of the interpretation or application of these rules shall be available to the news reporters or parties. News reporters or parties may, however, seek extraordinary relief by way of writ petition.

      [Added; effective May 30, 1988; amended effective August 31, 2011.]

      Rule 244.  Attorney conduct.  Attorneys must observe and strictly comply with Rule of Professional Conduct 3.6 regarding the conduct of all attorneys with respect to trial publicity.

      [Added; effective May 30, 1988; amended effective August 31, 2011.]

      Rule 245.  Notice.  The judge who knows that the proceeding will be covered by news reporters shall advise the attorneys and parties in the proceeding of this fact and call these rules to the attention of the attorneys, unrepresented parties and the pool coordinator or designee. It shall be the responsibility of attorneys to notify their witnesses.

      [Added; effective May 30, 1988; amended effective August 31, 2011.]

      Rule 246.  Other devices.

      1.  Unobtrusive tape recorders or other electronic devices such as cellular phones, personal digital assistants (PDAs), laptop computers or other similar functioning devices used to take notes located on or near the news reporter may be allowed by the judge. It will be understood that these devices will be used only for accurate transcriptions of the court proceedings, and are not to be used for broadcast.

      2.  Electronic devices may be used in the courtroom to transmit and receive data communications, provided that the equipment does not make any disruptive noise or interfere with court equipment. Electronic devices may not be used for telephone calls in the courtroom.

      3.  Notwithstanding the provisions of Rule 230, tape recorders or other electronic devices may be used as described in this rule. Electronic devices may not be used for photography, or audio or video recording for broadcast or transmission, however, unless permission is obtained pursuant to Rule 230. Use of an electronic device without permission, other than as described in this rule, may result in the confiscation of the device.

      [Added; effective May 30, 1988; amended effective August 31, 2011.]

PART V.  RULES GOVERNING PRACTICE IN CERTAIN ACTIONS IN THE DISTRICT COURTS

      Rule 248.  Definitions of words and terms.  In these rules, unless the context or subject matter otherwise requires:

      1.  “Case” shall include and apply to any and all actions, proceedings and other court matters, however designated.

      2.  “Clerk” means the clerk of the district court.

      3.  “Court” means the district court.

      4.  “Party,” “petitioner,” “applicant,” “claimant,” “plaintiff,” “defendant,” or any other designation of a party to any action or proceeding, case or other court matter shall include and apply to such party’s attorney of record.

      5.  “Person” shall include and apply to corporations, firms, associations and all other entities, as well as natural persons.

      6.  “Shall” is mandatory and “may” is permissive.

      7.  The past, present and future tenses shall each include the others; the masculine, feminine and neuter genders shall each include the others; and the singular and plural numbers shall each include the other.

      [Added; effective June 1, 1990.]

      Rule 249.  Scope, construction and application of rules.

      1.  The rules set forth in this part shall be liberally construed to secure the proper and efficient administration of the business and affairs of the court in the cases to which these rules apply and to promote and facilitate the administration of justice by the court.

      2.  The rules in this part cover the practice and procedure in all cases set forth in the rules that are prosecuted in the district courts of this state. The procedures set forth in these rules will prevail over any inconsistent statute or court rule.

      [Added; effective June 1, 1990.]

      Rule 250.  Procedure in capital proceedings.

      1.  The scope and purposes of this rule.  The provisions of this rule apply only in cases in which the death penalty is or may be sought or has been imposed, including proceedings for post-conviction relief from a judgment of conviction and sentence of death. This court places the highest priority on diligence in the discharge of professional responsibility in capital cases. The purposes of this rule are: to ensure that capital defendants receive fair and impartial trials, appellate review, and post-conviction review; to minimize the occurrence of error in capital cases and to recognize and correct promptly any error that may occur; and to facilitate the just and expeditious final disposition of all capital cases.

      2.  Appointment and qualifications of counsel.

      (a) Applicability.  This section applies to all defense counsel including public defenders who are appointed to represent indigent persons in capital cases.

      (b) Trial counsel.  Unless the district court determines pursuant to subsection (2)(e) that defense counsel otherwise has the competence to represent an indigent person in a capital case, an attorney appointed as lead counsel at trial at a minimum must have: (1) acted as lead defense counsel in five felony trials, including one murder trial, tried to completion (i.e., to a verdict or a hung jury); (2) acted as defense co-counsel in one death penalty trial tried to completion; and (3) been licensed to practice law at least three years.

      (c) Counsel in post-conviction proceedings in district court.  Counsel appointed to represent a petitioner for post-conviction relief in the district court must have acted as counsel in at least two post-conviction proceedings arising from felony convictions and must otherwise satisfy the court that counsel is capable and competent to represent the petitioner.

      (d) Counsel on direct and post-conviction appeal.  Counsel appointed to represent an appellant on direct or post-conviction appeal must have acted as counsel in at least two appeals of felony convictions and must otherwise satisfy the court that counsel is capable and competent to represent the appellant.

      (e) Exceptions.  If an attorney does not satisfy the minimum requirements set forth in subsections (2)(b), (c), or (d) of this rule, or if the district court otherwise considers it warranted, the court shall hold a hearing to assess the attorney’s competence and ability to act as defense counsel. The court shall thoroughly investigate the attorney’s background, training, and experience and consult with the attorney on his or her current caseload. If satisfied that the attorney is competent and able to provide the representation, the court shall make that finding on the record and appoint the attorney.

      (f) Co-counsel.  When the district court appoints defense counsel to provide representation at trial, it shall appoint two counsel, one of whom must be qualified under this rule to act as lead counsel in a capital case. When the court appoints defense counsel to provide representation in a direct appeal, a first post-conviction petition for a writ of habeas corpus, or an appeal from such post-conviction proceeding, the court may only appoint one counsel who is qualified under this rule.

      (g) Appointment of public defender.  When the district court appoints an office of a public defender to provide representation in a capital case, any attorney assigned by the office to act as defense counsel shall prepare and file with the court the application form required by subsection (2)(h) of this rule.

      (h) Application forms and list of qualified counsel.  Each judicial district shall maintain a list of qualified defense counsel and shall establish procedures to ensure that defense counsel are considered and selected for appointment to capital cases from the list in a fair, equal and consecutive basis. The judicial districts shall further arrange for the preparation and distribution of application forms to defense attorneys who wish to be included on the list. The forms must require specific information respecting the attorney’s qualifications to act as defense counsel in a capital case and a complete statement of any discipline or sanctions pending or imposed against the attorney by any court or disciplinary body. Before appointing any attorney to act as counsel in a capital case, the district court to which the case is assigned shall carefully consider the information in the attorney’s application form.

      [As amended; January 20, 2000.]

 

      3.  Duties and compensation of defense counsel.

      (a) Records of litigation.  Defense counsel shall maintain contemporaneous records of all work performed while serving as trial counsel, appellate counsel, or post-conviction counsel, including time records, communications with the client, expert witness reports, witness statements, investigations, and the rationale for strategic decisions. Defense counsel shall file with the district court an affidavit certifying that counsel has maintained and retains the record required by this subsection within 30 days after any of the following events: (1) the district court’s imposition of the death sentence, (2) the district court’s entry of an order resolving a post-conviction matter, or (3) the supreme court’s entry of a written decision finally resolving an appeal. Defense counsel shall retain either the original record or a copy until the court authorizes its disposal.

      (b) Providing files to successor counsel.  If for any reason defense counsel is unable to continue to represent a capital case client prior to concluding the representation for which counsel was appointed, defense counsel’s case files and copies of counsel’s records of litigation must be provided to successor counsel. Defense counsel shall not be permitted to withdraw until successor counsel has been retained or appointed and the files have been delivered to the successor. Withdrawing counsel shall thereafter promptly file a notice of the disposition of the files with the clerk of the district court and serve a copy of the notice on the prosecutor. If defense counsel at trial is permitted to withdraw after trial from representing the defendant on appeal, counsel shall have 30 days from the date of withdrawal within which to prepare a memorandum for appellate counsel detailing each arguable issue on appeal with appropriate specific citations to the pertinent parts of the record.

      (c) Compensation of counsel and defense costs.  Appointed defense counsel must be compensated for all time reasonably spent on a case and must be reimbursed for all expenses reasonably incurred. The court shall conduct ex parte proceedings to authorize employment and payment of investigative, expert, or other services for the defense, and the transcript of such proceedings must be placed in the record under seal.

      4.  Proceedings before trial.

      (a) Proceedings by criminal complaint.  When the state seeks to initiate a charge of open or first-degree murder by the filing of a criminal complaint, unless the state declares at the defendant’s first appearance before a magistrate pursuant to NRS 171.178 that it will not seek the death penalty, the magistrate shall appoint one attorney to serve as defense counsel during the preliminary hearing if the defendant is indigent. Appointed counsel must possess the qualifications specified in subsection 2(b) of this rule.

      (b) Proceedings by indictment.  When the state seeks to initiate a charge of open or first-degree murder by indictment, the state shall, together with the notice required by NRS 172.241(2), notify the person whose indictment will be considered that if the person is indigent, he or she may request the court to appoint defense counsel prior to the commencement of the grand jury proceedings. This notice is required unless: (i) the district court finds adequate cause to withhold notice under NRS 172.241; (ii) the state declares that it will not seek the death penalty; or (iii) the state is unable, after reasonable diligence, to locate or notify the person. Upon the person’s request, the district court shall appoint one attorney to serve as defense counsel prior to and during the grand jury proceedings. Appointed counsel must possess the qualifications specified in subsection 2(b) of this rule.

      (c) Notice of intent after filing of indictment or information.  No later than 30 days after the filing of an information or indictment, the state must file in the district court a notice of intent to seek the death penalty. The notice must allege all aggravating circumstances which the state intends to prove and allege with specificity the facts on which the state will rely to prove each aggravating circumstance.

      (d) Late notice of intent.  Upon a showing of good cause, the district court may grant a motion to file a late notice of intent to seek the death penalty or of an amended notice alleging additional aggravating circumstances. The state must file the motion within 15 days after learning of the grounds for the notice or amended notice. If the court grants the motion, it shall also permit the defense to have a reasonable continuance to prepare to meet the allegations of the notice or amended notice. The court shall not permit the filing of an initial notice of intent to seek the death penalty later than 30 days before trial is set to commence.

      (e) Withdrawal of notice.  The state may at any time declare that it will not seek the death penalty or withdraw its notice of intent to seek the death penalty, and the provisions of this rule will no longer apply. The state also may at any time withdraw an allegation of an aggravating circumstance.

      (f) Filing of notice of evidence in aggravation.  The state must file with the district court a notice of evidence in aggravation no later than 15 days before trial is to commence. The notice must summarize the evidence which the state intends to introduce at the penalty phase of trial, if a first-degree murder conviction is returned, and identify the witnesses, documents, or other means by which the evidence will be introduced. Absent a showing of good cause, the district court shall not admit evidence not summarized in the notice. If the court determines that good cause has been shown to admit evidence not previously summarized in the notice, it must permit the defense to have a reasonable continuance to prepare to meet the evidence.

      [As amended; January 20, 2000.]

 

      5.  Procedure at trial and post-conviction proceedings.

      (a) Calendar priority and transcripts.  The district court shall give capital cases calendar priority and conduct such proceedings with minimal delay. The court shall ensure that all proceedings in a capital case are reported and transcribed, but with the consent of each party’s counsel the court may conduct proceedings outside the presence of the jury or the court reporter. If any objection is made or any issue is resolved in an unreported proceeding, the court shall ensure that the objection and resolution are made part of the record at the next reported proceeding.

      (b) Duties of court reporters.  Court reporters shall give priority to transcripts of pretrial proceedings in capital cases. As prescribed by the district court, reporters shall furnish such transcripts to the court and counsel prior to trial. During trial or post-conviction proceedings, reporters shall prepare a daily transcript of all proceedings and deliver it to the court and counsel.

      (c) Audio recording.  If audio recording equipment is available, the district court may employ audio recordings as backup to or in lieu of a court reporter. If audio recording is used in lieu of a court reporter, the person responsible for the recording shall: give priority to transcripts of pretrial proceedings in capital cases; furnish, as prescribed by the district court, such transcripts to the court and counsel prior to trial; and prepare, during trial or post-conviction proceedings, a daily transcript of all proceedings and deliver it to the court and counsel.

      (d) Transcription of audio or video recorded evidence.  If an audio or video recording which includes spoken language is played as evidence, the court shall ensure that the spoken language is transcribed as part of the record. Alternatively, if all parties agree that a transcript of the spoken language prepared by a party is accurate, the court may order that the record include that transcript; if the parties cannot agree on the accuracy of a proposed transcript, each party may offer a transcript which the court shall include in the record.

      6.  Procedure on direct appeal from judgment of conviction and sentence of death.

      (a) Docketing of appeal.  When the district court enters a written judgment of conviction imposing a sentence of death, the clerk of the district court shall immediately transmit to the clerk of the supreme court two certified, file-stamped copies of the following documents: (1) the written judgment signed by the judge and filed by the district court clerk; (2) the notice of appeal, if any; (3) the district court docket entries; (4) the minutes of the district court proceedings; and (5) a list of exhibits offered into evidence, if any. Upon receipt of these documents, the clerk of the supreme court shall docket the appeal and immediately give notice to all parties of the date on which the appeal was docketed.

      (b) Time for filing record on appeal.  On direct appeal from a judgment of conviction and sentence of death, the clerk of the district court shall file a certified copy of the record on appeal with the clerk of the supreme court no later than 30 days after entry of the judgment of conviction and imposition of sentence. If the district court clerk cannot timely transmit the record, the clerk shall seek an extension of time from the supreme court.

      (c) Form and contents of direct appeal record.  On direct appeal from a judgment of conviction and sentence of death, the clerk of the district court shall transmit as the record on appeal a certified copy of the complete record made and considered in the court below. The complete record shall include, without limitation, certified copies of: any criminal complaint, indictment or information (including any amendments); all papers, motions, petitions, oppositions, responses, replies, orders, opinions, and documentary evidence or exhibits filed in the lower courts; transcripts of all lower court proceedings; all jury instructions offered, excluded or given; all verdicts or findings of fact, conclusions of law, and decisions; the lower court minutes; any notices of appeal. No physical evidence or exhibits shall be transmitted absent an order of the supreme court. The record shall be assembled, paginated, and indexed in the same manner as an appendix to the briefs under NRAP 30(c). No designation of record is required. The clerk of the district court shall retain the original record. All questions as to the filing, form, and content of the record on appeal shall be presented to the supreme court.

      (d) Filing and service of briefs.  On direct appeal from a judgment of conviction and sentence of death, appellant shall serve and file the opening brief within 70 days from the date that the record on appeal is filed in the supreme court. Respondent shall serve and file the answering brief within 60 days after service of the opening brief. Appellant shall serve and file the reply brief within 45 days after service of the answering brief.

      (e) Extensions of time.  The supreme court may grant an initial extension of time of up to 60 days to file a brief upon a showing of good cause, but shall not grant additional extensions of time except upon a showing of extraordinary circumstances and extreme need.

      (f) Oral argument.  The supreme court shall determine whether oral argument is warranted and shall enter an appropriate order respecting the time and place of argument. Unless otherwise ordered by the court, the oral argument will be limited to 60 minutes and will proceed in accordance with NRAP 34. The court may in its discretion hold oral argument during the summer recess when deemed necessary.

      7.  Procedure in post-conviction appeals.

      (a) Docketing of appeal; general procedure.  On appeal from a judgment or order resolving an application for post-conviction relief, except as otherwise specifically provided in this rule, the appeal shall be docketed and shall proceed in accordance with the ordinary procedures specified in the Nevada Rules of Appellate Procedure. The fast track provisions of NRAP 3C, however, shall not apply in capital cases.

      (b) Record on appeal.  Unless otherwise ordered by the supreme court, the clerk of the district court shall retain the original record of the proceedings and shall not transmit a record on appeal to the supreme court. When the supreme court deems it necessary to review the district court record, the clerk of the district court shall assemble and transmit to the clerk of the supreme court in accordance with NRAP 11 such portions of the record designated by the supreme court. In lieu of a record on appeal, the parties shall file an appendix or appendices as specified in the Nevada Rules of Appellate Procedure.

      (c) Filing and service of briefs.  Briefing shall proceed in accordance with NRAP 28 through 32, inclusive.

      (d) Extensions of time.  The supreme court may grant an initial extension of time of up to 60 days to file a brief upon a showing of good cause, but shall not grant additional extensions of time except upon a showing of extraordinary circumstances and extreme need.

      (e) Oral argument.  Post-conviction appeals shall stand submitted for decision on the briefs and appendices without oral argument unless the court otherwise orders.

      8.  Miscellaneous procedures on appeal.

      (a) Prebriefing conferences.  Upon the docketing of any appeal (direct or post-conviction) involving imposition of the death penalty, the supreme court may schedule a prebriefing conference at which a designee of the court shall preside. The parties’ counsel and any other persons the court may designate shall attend. At the direction of the court, counsel for appellant shall file with the court and serve on respondent a prebriefing memorandum of no more than 10 pages, outlining the major issues, with relevant facts, which appellant intends to raise on appeal. At the direction of the court, counsel for respondent shall file and serve on appellant an answering memorandum of no more than 10 pages, stating respondent’s position on the issues and facts outlined by appellant and any other issues which respondent considers important. Failure to include an issue in the memoranda will not preclude a party from raising the issue in the opening or answering briefs. The following matters may be considered at the conference: the contents, preparation, and transmission of the record or appendices; the scheduling and conduct of oral argument; stipulations of fact; simplification of issues; and any other matters that may facilitate the just and expeditious resolution of the appeal.

      (b) Limited remand to district court.  If the supreme court determines that any matter requires further clarification or that additional proceedings in the district court would assist in the resolution of the appeal, it may remand the case to the district court for supplementary proceedings. The supreme court shall retain jurisdiction over an appeal remanded under this subsection and may take any action deemed warranted despite the issuance of a limited remand.

      9.  Filing of biannual status reports of cases where death penalty was imposed.  Commencing in February 1999, the attorney general and the district attorney of each county shall file a biannual death penalty report with the clerk of the supreme court no later than the first judicial day in February and July of each year. The reports must identify all state and federal actions in which the State of Nevada is a party to an action involving a person who has been sentenced in state court to receive the death penalty. The reports must indicate: (1) the case caption and number and the court in which the action is pending; (2) the date upon which the action commenced and the length of time it has been pending; (3) a short description of the action, e.g., state or federal post-conviction petition for a writ of habeas corpus; (4) the scheduled date of execution, if any; and (5) any stay of execution, the court that issued the stay, the date upon which the stay became effective, and the duration of the stay. Within 20 days after entry of a final judgment or order resolving an action subject to this subsection, counsel for the state shall file with the clerk of the supreme court written notice of entry of the judgment or order. The notice shall include a certified, file-stamped copy of the judgment or order.

      [As amended; January 20, 2000.]

 

      10.  Notice to supreme court of entry of warrants of execution, execution dates, and stays of execution.

      (a) Notice of warrant of execution.  Immediately upon the issuance of any warrant of execution, counsel for the state shall file with the clerk of the supreme court written notice of issuance of the warrant. The notice must be transmitted to the clerk of the supreme court for filing by telephonic transmission to the telefax machine situated in the Office of the Clerk of the Supreme Court in Carson City. Counsel shall advise the clerk telephonically before transmitting the notice and shall submit an original of the document for filing within 3 judicial days of telephonic transmission. Counsel shall also provide notice of the issuance of a warrant of execution to the Director of the Department of Prisons.

      (b) Notice of date of execution.  Immediately upon the scheduling of a specific date of execution by execution order or otherwise, the Director of the Department of Prisons shall notify the clerk of the supreme court of the scheduled execution date. The notice must be transmitted to the clerk of the supreme court for filing by telephonic transmission to the telefax machine situated in the Office of the Clerk of the Supreme Court in Carson City. The director shall advise the clerk telephonically before transmitting the notice and shall submit an original of the document for filing within 3 judicial days of telephonic transmission.

      (c) Notice of entry of stay of execution.  Immediately upon the issuance of a stay of execution by any court other than the supreme court, counsel for the state shall file with the clerk of the supreme court written notice of entry of the stay. The notice must be transmitted to the clerk of the supreme court for filing by telephonic transmission to the telefax machine situated in the Office of the Clerk of the Supreme Court in Carson City. Counsel shall advise the clerk telephonically before transmitting the notice and shall submit an original of the document for filing within 3 judicial days of telephonic transmission. Counsel for the state shall also provide immediate notice of any stay issued by any court, including the supreme court, to the Director of the Department of Prisons.

      (d) Notice of intent to seek stay of execution from supreme court: duty of defense counsel.  Defense counsel shall file any motion seeking a stay of execution from the supreme court promptly upon learning the grounds to be asserted in support of the motion. Defense counsel shall telephonically provide advance notice to the clerk of the supreme court of counsel’s intent to file a motion for a stay so that the court may make arrangements to assure that the motion is given prompt and thorough consideration. The supreme court may impose sanctions on defense counsel if it plainly appears that the grounds asserted in support of a motion for a stay of execution were known or should have been known to counsel well in advance of the filing of the motion.

      11.  Checklist of issues.  A checklist of issues shall be published with this rule and periodically updated by the supreme court. The checklist shall contain citations intended to provide guidance regarding issues relevant to criminal proceedings, particularly capital cases. The list is not comprehensive, is not an authoritative statement of the law, and is not to be cited as authority. It is simply a reference guide providing a starting point for legal research.

      12.  Effective date of this rule.  The provisions of this rule apply to all capital cases pending on or commenced after the effective date of the rule. For the purposes of this section, a case commences when the state formally charges a person with murder or serves a person with notice that an indictment for murder is being considered or when a person sentenced to death files an application for post-conviction relief. The provisions of this rule shall govern all further proceedings in actions pending in the supreme court on the effective date, unless in the opinion of the court their application in a particular pending action would not be feasible or would work an injustice, in which event the former procedure applies.

 

CHECKLIST OF ISSUES

 

      This checklist is intended to provide some guidance regarding issues relevant to criminal proceedings, particularly capital cases. The list is not comprehensive, is not an authoritative statement of the law, and is not to be cited. It is simply a reference guide on some issues, providing a starting point for necessary research.

 

 

PRETRIAL MATTERS

 

1.  PROCEEDINGS TO COMMITMENT:  NRS 171.178-.208

Initial appearance before magistrate:  NRS 171.178-.186

      —County of Riverside v. McLaughlin, 500 U.S. 44, 56-57 (1991) (probable cause hearing required within 48 hours of warrantless arrest)

      —Powell v. State, 113 Nev. 41, 43, 930 P.2d 1123, 1124 (NRS 171.178(3) unconstitutional to degree it conflicts with McLaughlin), cert. denied, ....... U.S. ......., 118 S. Ct. 377 (1997)

 

Appointment of counsel for indigent defendant:  NRS 171.188

 

Preliminary examination:  NRS 171.196-.208

      Exclusion of witnesses and others from proceedings:  NRS 171.204

 

      Discovery:  NRS 171.1965

 

2.  INDICTMENT AND INFORMATION

Information:  Nev. Const. art. 1, § 8, cl. 1; NRS 173.015-.105

 

Indictment:  Nev. Const. art. 1, § 8, cl. 1; NRS 173.015, 173.075-.105

 

Grand Jury:  NRS Chapter 172

      Composition:  NRS 172.055-.065

             —Castaneda v. Partida, 430 U.S. 482 (1977) (purposeful discrimination in selection of grand jurors unconstitutional)

             —Kirksey v. State, 112 Nev. 980, 989-90, 923 P.2d 1102, 1108-09 (1996) (grand jury must be drawn from cross-section of community, and there must be no purposeful exclusion of identifiable class of persons)

 

Notice of grand jury proceedings:  NRS 172.241

      —Solis-Ramirez v. District Court, 112 Nev. 344, 913 P.2d 1293 (1996)

      —Sheriff v. Marcum, 105 Nev. 824, 783 P.2d 1389 (1989)

 

Notice that death penalty will be sought:  SCR 250(4)(a)-(e)

      —Lankford v. Idaho, 500 U.S. 110 (1991) (lack of adequate notice that sentencer was considering death sentence violated due process)

 

Death penalty not permitted for certain defendants (See also section 24 below.)

 

      Defendant younger than sixteen at time of crime:  NRS 176.025

             —Thompson v. Oklahoma, 487 U.S. 815 (1988) (plurality opinion)

             —Stanford v. Kentucky, 492 U.S. 361 (1989) (death penalty for defendant sixteen years old at time of murder constitutional)

 

      Defendant who did not kill, attempt to kill, or intend use of lethal force or was not major participant in felony and recklessly indifferent to human life.  Cf. NRS 200.033(4).

             —Enmund v. Florida, 458 U.S. 782, 797 (1982)

             —Tison v. Arizona, 481 U.S. 137, 158 (1987)

             —Doleman v. State, 107 Nev. 409, 417-18, 812 P.2d 1287, 1292-93 (1991)

 

3.  ARRAIGNMENT:  NRS 174.015-.065

Types of pleas:  NRS 174.035

      Insanity at time of offense is no defense:  NRS 174.035(1),(4)

             Insanity may be relevant to intent:  NRS 193.220

 

      Plea may specify degree of crime; first-degree murder plea may specify punishment less than death:  NRS 174.065

 

Guilty plea must be knowing and voluntary

      —Boykin v. Alabama, 395 U.S. 238, 242-44 (1969)

      —Bryant v. State, 102 Nev. 268, 721 P.2d 364 (1986)

      —Sturrock v. State, 95 Nev. 938, 940-41, 604 P.2d 341, 343-44 (1979) (court has discretion to reject plea)

      —Meyer v. State, 95 Nev. 885, 603 P.2d 1066 (1979) (court must inform defendant of consequences of guilty plea, including nonprobational status of offense)

 

      Defendant may plead guilty while maintaining innocence

             —North Carolina v. Alford, 400 U.S. 25, 37-38 (1970)

             —State v. Gomes, 112 Nev. 1473, 1479, 930 P.2d 701, 705-06 (1996) (nolo contendere and Alford pleas are equivalent), cert. denied, 520 U.S. 1160 (1997)

             —Tiger v. State, 98 Nev. 555, 654 P.2d 1031 (1982)

 

Withdrawal of plea:  NRS 176.165

      —Mitchell v. State, 109 Nev. 137, 848 P.2d 1060 (1993)

      —Bryant v. State, 102 Nev. 268, 721 P.2d 364 (1986)

      —State v. District Court, 85 Nev. 381, 455 P.2d 923 (1969)

 

4.  DISCOVERY

Duty of prosecution to provide exculpatory information to defendant

      —Kyles v. Whitley, 514 U.S. 419 (1995)

      —Brady v. Maryland, 373 U.S. 83, 87 (1963)

      —Jimenez v. State, 112 Nev. 610, 618-20, 918 P.2d 687, 692-93 (1996) State must disclose plea agreement with witness:  NRS 175.282

                   —Giglio v. United States, 405 U.S. 150 (1972)

                   —Sheriff v. Acuna, 107 Nev. 664, 669, 819 P.2d 197, 200 (1991) (state cannot bargain for particular testimony or specific result)

 

Disclosure of evidence by prosecutor and defendant:  NRS 174.233-.295

      —Williams v. Florida, 399 U.S. 78, 80-86 (1970) (constitutional to require defendant before trial to disclose alibi witnesses)

      —Binegar v. District Court, 112 Nev. 544, 915 P.2d 889 (1996)

 

Subpoena and notice to produce:  NRS 174.305-.385

 

Court-appointed expert witnesses:  NRS 175.271

 

State’s loss of or failure to gather evidence

      —Daniels v. State, 114 Nev. 261, 956 P.2d 111 (1998) (state has duty to gather evidence in some circumstances)

      —Sparks v. State, 104 Nev. 316, 319, 759 P.2d 180, 182 (1988) (loss of evidence by state may lead to reversal)

 

5.  REPRESENTATION BY COUNSEL  (See also section 32 below.)

Right to counsel:  U.S. Const. amend. VI; Nev. Const. art. 1, § 8, cl. 1; NRS 34.820(1)(a), 171,188, 175.151, 178.397; SCR 250(2), (3), (4)(a)-(b)

      —Gideon v. Wainwright, 372 U.S. 335 (1963) (indigent criminal defendant has right to appointed counsel)

      —Satterwhite v. Texas, 486 U.S. 249, 251 (1988) (capital defendant has right to consult counsel before submitting to psychiatric exam)

 

Effective assistance of counsel

      —Strickland v. Washington, 466 U.S. 668 (1984)

      —Kirksey v. State, 112 Nev. 980, 987-88, 923 P.2d 1102, 1107 (1996)

 

Right of self-representation:  SCR 253

      —Faretta v. California, 422 U.S. 806 (1975) (constitutional right to represent self if election to do so is voluntary and intelligent)

      —Harris v. State, 113 Nev. 799, 804, 942 P.2d 151, 155 (1997) (court has discretion to appoint advisory counsel)

      —Blandino v. State, 112 Nev. 352, 914 P.2d 624 (1996) (no right to self-representation on direct appeal)

      —Wheby v. Warden, 95 Nev. 567, 598 P.2d 1152 (1979) (no right to hybrid representation), overruled on other grounds by Keys v. State, 104 Nev. 736, 766 P.2d 270 (1988)

 

Discharge or withdrawal of counsel:  NRS 175.383; SCR 250(3)(b)

 

Right to expert witness:  NRS 175.271; SCR 250(3)(c)

      —Ake v. Oklahoma, 470 U.S. 68, 83 (1985) (if sanity likely to be significant factor at trial, defendant has constitutional right to appointed psychiatrist)

 

6.  BAIL:  Nev. Const. art. 1, § 7; NRS 178.484(4)

      —In re Knast, 96 Nev. 597, 614 P.2d 2 (1980)

 

7.  COMPETENCY AND SANITY OF DEFENDANT

Competency to stand trial:  NRS 178.400-.460

      —Dusky v. United States, 362 U.S. 402 (1960) (defendant must be able to consult rationally with lawyer and understand proceedings)

      —Melchor-Gloria v. State, 99 Nev. 174, 179-81, 660 P.2d 109, 112-13 (1983) (hearing required if reasonable doubt as to competency)

 

Competency to choose self-representation or plead guilty is same as to stand trial

      —Godinez v. Moran, 509 U.S. 389, 398-400 (1993)

 

“Next friend” has right to file habeas petition on behalf of incompetent person held in custody

      —Calambro v. District Court, 114 Nev. 961, 964 P.2d 794 (1998)

 

Insanity at time of offense is no defense:  NRS 174.035(1),(4)

      Insanity may be relevant to intent:  NRS 193.220

 

Constitution forbids execution of insane person:  see also NRS 176.455(1)

      —Ford v. Wainwright, 477 U.S. 399 (1986)

      Constitution permits execution of mentally retarded person

             —Penry v. Lynaugh, 492 U.S. 302, 330-35 (1989)

 

Right to civil commitment proceeding

      —Jackson v. Indiana, 406 U.S. 715, 731-39 (1972) (indefinite commitment of incompetent criminal defendant violates due process)

 

Right to court-appointed psychiatrist:  NRS 175.271

      —Ake v. Oklahoma, 470 U.S. 68, 83 (1985)

 

Forced antipsychotic medication during trial unconstitutional

      —Riggins v. Nevada, 504 U.S. 127, 133-38 (1992)

 

8.  VENUE, PUBLICITY, SECURITY  (See also section 18 below.)

Change of venue:  NRS 174.455-.505

      —Sonner v. State, 112 Nev. 1328, 1336-37, 930 P.2d 707, 712-13 (1996), reh’g granted on other grounds, 114 Nev. 321, 955 P.2d 673 (1998)

 

Denial of access of public and press to criminal trial must be narrowly tailored to serve compelling state interest

      —Globe Newspaper Co. v. Superior Court, 457 U.S. 596, 606-07 (1982)

 

Cameras and electronic media coverage in court:  SCR 229-247

      —Chandler v. Florida, 449 U.S. 560, 582-83 (1981) (absent showing of prejudice of constitutional dimension, electronic coverage of trial permissible)

 

Limits on lawyer’s statements to press

      —Gentile v. State Bar of Nevada, 501 U.S. 1030 (1991)

 

Courtroom security:  NRS 175.387, 178.394

      —Holbrook v. Flynn, 475 U.S. 560, 572 (1986) (uniformed troopers in courtroom not prejudicial to defendant’s right to fair trial)

      —McKenna v. State, 114 Nev. 1044, 968 P.2d 739 (1998) (presence of security officers in courtroom during penalty phase was not inherently prejudicial, and defendant did not show actual prejudice)

      —Duckett v. State, 104 Nev. 6, 11, 752 P.2d 752, 755 (1988) (safety concerns accorded greater significance at penalty phase)

 

9.  PRETRIAL MOTIONS:  NRS 174.125, 47.090, 174.075(2)

All motions which by their nature, if granted, delay trial must be made before trial:  NRS 174.125(1)

 

9.1  MOTION TO SUPPRESS:  NRS 174.125, 177.015(2), 179.085, 179.335, 179.505 (Compare section 12 below.)

      —State v. Shade, 110 Nev. 57, 867 P.2d 393 (1994) (motion to suppress challenges evidence on constitutional grounds)

      —Cranford v. Sheriff, 91 Nev. 551, 539 P.2d 1215 (1975) (motion to suppress, not habeas petition, is method to challenge evidence on constitutional grounds)

 

9.1.1  ARREST:  NRS 171.102-.176

Without warrant

      —Payton v. New York, 445 U.S. 573, 589-90 (1980) (absent exigent circumstances, warrantless arrest at defendant’s home unconstitutional)

      —United States v. Watson, 423 U.S. 411, 423-24 (1976) (warrantless arrest in public place based on probable cause constitutional)

      —Howe v. State, 112 Nev. 458, 916 P.2d 153 (1996) (home)

      —Edwards v. State, 107 Nev. 150, 808 P.2d 528 (1991) (hotel room)

      —Franklin v. State, 96 Nev. 417, 419-20, 610 P.2d 732, 734 (1980) (public place)

 

9.1.2  SEARCH AND SEIZURE:  U.S. Const. amend. IV; Nev. Const. art. 1, § 18

With warrant:  NRS 179.015-.115, 179.330, 501.375(3)

      —Illinois v. Gates, 462 U.S. 213, 238-39 (1983) (probable cause determined by analysis of totality of circumstances)

      —United States v. Ramirez, ....... U.S. ......., 118 S. Ct. 992 (1998) (no-knock entry justified if reasonable suspicion that announcing entry would inhibit investigation; no higher standard required to justify damaging property while entering)

      —Wright v. State, 112 Nev. 391, 396-97, 916 P.2d 146, 149-50 (1996) (probable cause supported search warrant), overruled on other grounds by Levingston v. Washoe County, 114 Nev. 306, 956 P.2d 84 (1998)

      —Keesee v. State, 110 Nev. 997, 879 P.2d 63 (1994) (search warrants supported by probable cause and not overbroad)

      —State v. Parent, 110 Nev. 114, 867 P.2d 1143 (1994) (anticipatory warrant providing adequate protection against premature execution and adequate description of items to be searched valid)

 

Without warrant:  NRS 171.1232, 179.065, 501.375

      —Schneckloth v. Bustamonte, 412 U.S. 218, 219, 248-49 (1973) (voluntary consent exception to warrant requirement)

      —Texas v. Brown, 460 U.S. 730 (1983) (if incriminating evidence in plain view, warrantless seizure proper)

      —Steagald v. United States, 451 U.S. 204 (1981) (absent exigent circumstances, unconstitutional to search third person’s home for subject of arrest warrant)

      —United States v. Robinson, 414 U.S. 218, 235-36 (1973) (search of person incident to lawful arrest reasonable)

      —Chimel v. California, 395 U.S. 752 (1969) (incident to arrest, unlawful to search areas of home beyond arrestee’s reach)

      —Warden v. Hayden, 387 U.S. 294, 298-99 (1967) (warrantless entry of house in hot pursuit of armed robber constitutional)

      —Howe v. State, 112 Nev. 458, 916 P.2d 153 (1996) (search of home without consent unconstitutional)

      —Alward v. State, 112 Nev. 141, 149-52, 912 P.2d 243, 248-51 (1996) (search of tent and truck unconstitutional)

      —Hayes v. State, 106 Nev. 543, 549-56, 797 P.2d 962, 965-70 (1990) (protective sweep of home, incident to lawful arrest outside home, unconstitutional)

      —Carstairs v. State, 94 Nev. 125, 575 P.2d 927 (1978) (search of person incident to lawful arrest reasonable)

 

Standing to challenge search

      —Rakas v. Illinois, 439 U.S. 128, 148-49 (1978) (standing requires person to have legitimate expectation of privacy in place searched)

      —Scott v. State, 110 Nev. 622, 627-28, 877 P.2d 503, 507-08 (1994) (nonowner passenger lacks standing to challenge search of vehicle but has standing to challenge initial stop)

      —Hicks v. State, 96 Nev. 82, 605 P.2d 219 (1980) (no standing to challenge search of apartment where defendant had no proprietary interest in apartment or items seized)

 

Stop and frisk:  NRS 171.123

      —Terry v. Ohio, 392 U.S. 1 (1968) (reasonable suspicion justifies limited stop and frisk)

      —Florida v. Royer, 460 U.S. 491, 502-07, 509 (1983) (detention exceeded bounds of Terry stop)

      —Scott v. State, 110 Nev. 622, 629-31, 877 P.2d 503, 508-09 (1994) (constitutional stop and frisk)

 

Inventory search

      —Illinois v. Lafayette, 462 U.S. 640 (1983) (inventory search of arrestee’s articles incident to incarceration reasonable)

      —South Dakota v. Opperman, 428 U.S. 364 (1976) (inventory search of seized automobile reasonable)

      —Weintraub v. State, 110 Nev. 287, 871 P.2d 339 (1994) (search of vehicle failed to meet requirements for inventory search)

      —State v. Greenwald, 109 Nev. 808, 858 P.2d 36 (1993) (search of motorcycle not justified either as incident to arrest or as inventory search)

 

Search of vehicle (see also inventory searches above)

      —State v. Harnisch, 114 Nev. 225, 954 P.2d 1180 (1998) (exigent circumstances required for warrantless search of parked, unoccupied vehicle)

      —Michigan v. Long, 463 U.S. 1032, 1049-52 (1983) (protective search during investigative stop reasonable under Terry v. Ohio, 392 U.S. 1 (1968))

      —New York v. Belton, 453 U.S. 454 (1981) (search of passenger compartment incident to arrest proper)

 

Electronic surveillance:  18 U.S.C. §§ 2510-22; NRS 179.410-.515

      —State v. Reyes, 107 Nev. 191, 808 P.2d 544 (1991)

      —Summers v. State, 102 Nev. 195, 200, 718 P.2d 676, 680 (1986)

      —Rupley v. State, 93 Nev. 60, 560 P.2d 146 (1977)

 

9.1.3  IDENTIFICATION

Unnecessarily suggestive identification procedure violates due process unless reliable under totality of circumstances

      —Manson v. Brathwaite, 432 U.S. 98, 109-14 (1977)

      —Wright v. State, 106 Nev. 647, 650, 799 P.2d 548, 550 (1990)

      —Barone v. State, 109 Nev. 1168, 866 P.2d 291 (1993) (no right to counsel at pretrial photographic lineup)

      —Echavarria v. State, 108 Nev. 734, 746-47, 839 P.2d 589, 597-98 (1992) (right to present expert testimony on reliability of eyewitness identification)

 

9.1.4  CONFESSIONS AND ADMISSIONS

Preliminary hearing on admissibility of defendant’s statement:  NRS 47.090

      —Jackson v. Denno, 378 U.S. 368, 376, 394-95 (1964) (conviction based even in part on involuntary confession violates due process; out of presence of jury, court must find confession voluntary before jury allowed to consider it)

      —Passama v. State, 103 Nev. 212, 735 P.2d 321 (1987) (effect of totality of circumstances on defendant’s will determines voluntariness of confession)

 

Before custodial interrogation, arrestee must be informed, among other things, of right to remain silent and right to counsel

      —Miranda v. Arizona, 384 U.S. 436, 467-73 (1966)

      —Michigan v. Mosley, 423 U.S. 96 (1975) (after right to remain silent asserted and honored, later interrogation after renewed Miranda warnings proper)

      —Arterburn v. State, 111 Nev. 1121, 901 P.2d 668 (1995) (despite Miranda warnings, confession inadmissible due to illegal arrest)

      —Coleman v. State, 111 Nev. 657, 895 P.2d 653 (1995) (error to comment on defendant’s postarrest silence whether or not defendant had received Miranda warnings)

 

Once right to counsel asserted, authorities cannot initiate further interrogation; waiver of right during such interrogation not valid

      —Edwards v. Arizona, 451 U.S. 477, 484-87 (1981)

      —Koza v. State, 102 Nev. 181, 718 P.2d 671 (1986)

      —Sechrest v. State, 101 Nev. 360, 363-66, 705 P.2d 626, 629-31 (1985) (valid waiver after defendant initiated communications)

 

Nontestifying codefendant’s admission implicating defendant cannot be used at joint trial

      —Bruton v. United States, 391 U.S. 123 (1968)

      —Richardson v. Marsh, 481 U.S. 200, 211 (1987) (codefendant’s admission can be used when redacted to omit any reference to defendant’s existence)

      —Gray v. Maryland, ....... U.S. ......., 118 S. Ct. 1151 (1998) (redaction replacing defendant’s name with obvious indication of deletion prohibited by Bruton rule)

      —Ducksworth v. State, 114 Nev. 951, 966 P.2d 165 (1998) (due to Bruton violation, reversible error not to grant severance of codefendants’ trials)

      —Lord v. State, 107 Nev. 28, 43-44, 806 P.2d 548, 557-58 (1991) (Bruton applies to penalty hearings)

      —Davies v. State, 95 Nev. 553, 598 P.2d 636 (1979)

 

Evidence from court-ordered psychiatric examination

      —Estelle v. Smith, 451 U.S. 454, 466-71 (1981) (not admissible unless defendant received Miranda warnings before exam and defense counsel received notice of exam)

      —Powell v. Texas, 492 U.S. 680 (1989) (despite possible waiver of right to remain silent due to insanity defense, not admissible because counsel did not receive notice of exam)

 

9.2  DOUBLE JEOPARDY:  U.S. Const. amend. V; Nev. Const. art. 1, § 8, cl. 1; NRS 174.085, 178.391

Conviction of two offenses based on one act not double jeopardy if each offense requires proof of fact which other does not

      —Blockburger v. United States, 284 U.S. 299 (1932)

      —Brown v. State, 113 Nev. 275, 285-87, 934 P.2d 235, 242-43 (1997)

 

Clearest proof is required to transform penalty intended by legislature to be civil into criminal punishment for double jeopardy purposes

      —Hudson v. United States, ....... U.S. ......., 118 S. Ct. 488 (1997)

 

Retrial violates double jeopardy unless manifest necessity existed for or defendant consented to earlier mistrial

      —Benson v. State, 111 Nev. 692, 895 P.2d 1323 (1995)

 

9.3  SPEEDY TRIAL:  U.S. Const. amends. VI, XIV; NRS 178.556

Deprivation of due process right to speedy trial determined by considering length of delay, reason for delay, assertion of right, and prejudice

      —Barker v. Wingo, 407 U.S. 514, 530 (1972)

      —Doggett v. United States, 505 U.S. 647, 651-52 (1992)

      —Middleton v. State, 114 Nev. 1089, 968 P.2d 296 (1998)

      Appearance before magistrate:  NRS 171.178

             —County of Riverside v. McLaughlin, 500 U.S. 44, 56-57 (1991) (probable cause hearing required within 48 hours of warrantless arrest)

             —Powell v. State, 113 Nev. 41, 43, 930 P.2d 1123, 1124 (NRS 171.178(3) unconstitutional to degree it conflicts with McLaughlin), cert. denied, ....... U.S. ......., 118 S. Ct. 377 (1997)

 

9.4  SEVERANCE OF DEFENDANTS AND OFFENSES:  NRS 173.115-.135, 174.155-.165

      —Middleton v. State, 114 Nev. 1089, 968 P.2d 296 (1998) (denial of motion to sever upheld where crimes were part of common scheme and joinder was not unfairly prejudicial)

      —O’Brien v. State, 88 Nev. 488, 491-92, 500 P.2d 693, 695 (1972) (untimely motion)

 

9.5  DISQUALIFICATION OF JUDGE:  NRS 1.225-.235; NCJC Canon 3E

      —Kirksey v. State, 112 Nev. 980, 1005-07, 923 P.2d 1102, 1118-19 (1996)

      —Vallardes v. District Court, 112 Nev. 79, 910 P.2d 256 (1996)

 

9.6  CONTINUANCES:  NRS 174.515

Abuse of discretion standard

      —Lord v. State, 107 Nev. 28, 40-43, 806 P.2d 548, 556-57 (1991) (penalty hearing)

      —Banks v. State, 101 Nev. 771, 710 P.2d 723 (1985) (trial)

 

 

TRIAL:  GUILT PHASE

 

10.  PROSPECTIVE JURORS:  U.S. Const. amends. VI, XIV

Jury venires must be drawn from representative cross-section of community

      —Holland v. Illinois, 493 U.S. 474 (1990)

      —Evans v. State, 112 Nev. 1172, 1186-87, 926 P.2d 265, 274-75 (1996), cert. denied, 520 U.S. 1245 (1997)

 

Examination of prospective jurors:  NRS 175.031

      —Mu’Min v. Virginia, 500 U.S. 415, 431 (1991) (Constitution does not require prospective jurors to be questioned on specific contents of pretrial publicity they were exposed to)

      —Turner v. Murray, 476 U.S. 28, 36-37 (1986) (capital defendant accused of interracial crime has right to ask prospective jurors about racial bias)

      —Adams v. Texas, 448 U.S. 38, 45 (1980) (voir dire is to ensure that juror will decide facts impartially and apply law conscientiously)

      —Salazar v. State, 107 Nev. 982, 823 P.2d 273 (1991) (abuse of discretion to limit entire voir dire by defense to 30 minutes)

      —Hogan v. State, 103 Nev. 21, 23, 732 P.2d 422, 423 (1987) (court’s refusal to ask some proposed questions not error)

      —Summers v. State, 102 Nev. 195, 199, 718 P.2d 676, 679 (1986) (individual voir dire without other prospective jurors not mandatory)

 

Challenges for cause:  NRS 175.036

      Jurors must be capable of considering death sentence

             —Wainwright v. Witt, 469 U.S. 412 (1985)

             —Witherspoon v. Illinois, 391 U.S. 510 (1968)

             —Aesoph v. State, 102 Nev. 316, 318, 721 P.2d 379, 380-81 (1986)

 

      Jurors must be capable of considering sentence other than death

             —Morgan v. Illinois, 504 U.S. 719 (1992)

 

Peremptory challenges:  NRS 175.041-.051

      Equal Protection Clause prohibits purposeful exclusion of identifiable group from jury

             —Purkett v. Elem, 514 U.S. 765 (1995)

             —J.E.B. v. Alabama ex rel. T.B., 511 U.S. 127 (1994)

             —Georgia v. McCollum, 505 U.S. 42 (1992)

             —Batson v. Kentucky, 476 U.S. 79 (1986)

             —Doyle v. State, 112 Nev. 879, 887-91, 921 P.2d 901, 907-10 (1996)

 

11.  EXCLUSION OF WITNESSES DURING TESTIMONY BY OTHERS:  NRS 50.155

      —Evans v. State, 112 Nev. 1172, 1188-89, 926 P.2d 265, 275-76 (1996) (if exclusion rule violated, prejudice presumed unless record shows otherwise), cert. denied, 520 U.S. 1245 (1997)

 

12.  ADMISSIBILITY OF EVIDENCE  (See also section 9.1 above.)

Relevant evidence:  NRS 48.015-.035

 

Hearings on admissibility outside presence of jury:  NRS 47.080-.090

 

Failure to object to evidence generally precludes appellate review

      —Downey v. State, 103 Nev. 4, 7, 731 P.2d 350, 352-53 (1987)

 

Evidence of defendant’s abstract beliefs violates First Amendment unless relevant to issue being tried

      —Dawson v. Delaware, 503 U.S. 159 (1992)

      —Flanagan v. State, 112 Nev. 1409, 1417-20, 930 P.2d 691, 696-98 (1996), cert. denied, ....... U.S. ......., 118 S. Ct. 1534 (1998)

 

Documentary and other physical evidence:  NRS Chapter 52

      Authentication:  NRS 52.015-.175

             —Frias v. Valle, 101 Nev. 219, 221-22, 698 P.2d 875, 876-77 (1985)

 

      Proving contents of writing, recording, photograph:  NRS 52.185-.295

             Best evidence rule and exceptions:  NRS 52.235-.255

                   —Tomlinson v. State, 110 Nev. 757, 878 P.2d 311 (1994)

 

      Use of autopsy photographs of victim

             —Robins v. State, 106 Nev. 611, 621-23, 798 P.2d 558, 565-66 (1990)

 

      Chain of custody

             —Sparks v. State, 104 Nev. 316, 318-20, 759 P.2d 180, 181-82 (1988)

             —Burns v. Sheriff, 92 Nev. 533, 554 P.2d 257 (1976)

 

Character evidence generally inadmissible:  NRS 48.045(1)

 

Proving character when relevant:  NRS 48.055

 

Evidence of other wrongs or acts may be admissible to prove, e.g., motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake or accident:  NRS 48.045(2)

      —Qualls v. State, 114 Nev. 900, 961 P.2d 765 (1998) (hearing to determine admissibility required before such evidence is introduced; admissible only if it is relevant, clear and convincing evidence supports it, and its probative value is not substantially outweighed by danger of unfair prejudice)

      —Meek v. State, 112 Nev. 1288, 1292-95, 930 P.2d 1104, 1107-09 (1996) (such evidence improperly admitted)

      —Taylor v. State, 109 Nev. 849, 854, 858 P.2d 843, 846-47 (1993) (such evidence not admissible to rebut claim not raised by defense)

 

Evidence of other act closely related to crime charged:  NRS 48.035

 

Competency of witnesses:  NRS 50.015-.025, 50.055-.068, 175.221(2)

      —Felix v. State, 109 Nev. 151, 173-75, 849 P.2d 220, 235-37 (1993) (children)

 

Interpreter:  NRS 50.045-.054

 

Scientific evidence

      —Santillanes v. State, 104 Nev. 699, 703-05, 765 P.2d 1147, 1150-51 (1988)

      Polygraph evidence

             —United States v. Scheffer, ....... U.S. ......., 118 S. Ct. 1261 (1998) (blanket rule against admission of polygraph evidence constitutional)

             —Santillanes v. State, 102 Nev. 48, 714 P.2d 184 (1986)

 

Opinion evidence

      Lay witnesses:  NRS 50.265

 

      Expert witnesses:  NRS 50.275-.345, 175.271

 

Hearsay and exceptions:  NRS Chapter 51

      —Idaho v. Wright, 497 U.S. 805, 814-15 (1990) (Confrontation Clause prohibits admission of hearsay statement unless declarant unavailable and statement bears adequate indicia of reliability)

      Prior testimony:  NRS 171.198(6), 51.055, 50.115(4)

             —Funches v. State, 113 Nev. 916, 919-23, 944 P.2d 775, 777-79 (1997)

 

Privileged communications:  NRS Chapter 49

 

Screening witness from defendant; videotaped testimony:  NRS 174.227-.229

      —Felix v. State, 109 Nev. 151, 175-79, 849 P.2d 220, 237-39 (1993) (discussing Confrontation Clause and use of videotaped testimony and of out-of-court allegations of sexual abuse made by children)

      —Coy v. Iowa, 487 U.S. 1012 (1988) (screen between witnesses and defendant violated Confrontation Clause)

 

13.  EXAMINATION OF WITNESSES:  NRS 50.115

Defendant must be allowed to cross-examine state’s witnesses regarding bias

      —Davis v. Alaska, 415 U.S. 308 (1974)

      —Jones v. State, 108 Nev. 651, 659, 837 P.2d 1349, 1354 (1992)

 

14.  MOTION FOR MISTRIAL

Ruling on motion for mistrial within court’s sound discretion

      —Owens v. State, 96 Nev. 880, 883, 620 P.2d 1236, 1238 (1980)

 

Absent manifest necessity for or defendant’s consent to mistrial, retrial violates double jeopardy

      —Benson v. State, 111 Nev. 692, 895 P.2d 1323 (1995)

 

15.  REOPENING CASE FOR INTRODUCTION OF EVIDENCE

After close of evidence, court “for good reasons, in furtherance of justice” may allow further evidence upon original cause:  NRS 175.141(4)

      —Williams v. State, 91 Nev. 533, 539 P.2d 461 (1975)

 

16.  CONDUCT OF PROSECUTOR  (See also section 27 below.)

      —Darden v. Wainwright, 477 U.S. 168 (1986) (reversible error if prosecutor’s misconduct violates due process right to fair trial)

      —Murray v. State, 113 Nev. 11, 930 P.2d 121 (1997) (improper comment on defendants’ postarrest silence)

      —McKee v. State, 112 Nev. 642, 647-48, 917 P.2d 940, 943-44 (1996) (use of concealed evidence to impeach defendant violated prosecutor’s duty to ensure that trial is fair)

      —Williams v. State, 103 Nev. 106, 110, 734 P.2d 700, 703 (1987) (prosecutor’s primary duty is to see that justice is done)

 

17.  JURY INSTRUCTIONS:  NRS 175.161

All instructions, whether given, modified, or refused, must be preserved as part of record:  NRS 175.161(5)

 

Defendant has right to instruction on theory of case so long as some evidence, no matter how weak or incredible, supports it

      —Harris v. State, 106 Nev. 667, 670, 799 P.2d 1104, 1105-06 (1990)

      —Walker v. State, 110 Nev. 571, 876 P.2d 646 (1994) (instruction on lesser included offense)

 

Capital jury must be instructed on lesser included offenses unless state law generally considers them not to be lesser included offenses

      —Hopkins v. Reeves, ....... U.S. ......., 118 S. Ct. 1895 (1998)

 

State has burden to prove every element of crime; mandatory presumptions not permissible:  NRS 47.230

      —Sandstrom v. Montana, 442 U.S. 510 (1979)

      —Barone v. State, 109 Nev. 778, 858 P.2d 27 (1993) (must instruct that state has burden to prove lack of self-defense)

      —Thompson v. State, 108 Nev. 749, 753-56, 838 P.2d 452, 455-57 (1992) (must instruct that state must prove presumed fact beyond reasonable doubt)

 

18.  CONDUCT OF JUDGE  (See also section 8 above.)

Physical control of defendant and witnesses:  NRS 175.387, 178.394

      —Holbrook v. Flynn, 475 U.S. 560 (1986) (uniformed troopers in courtroom not prejudicial to defendant’s right to fair trial)

      —Illinois v. Allen, 397 U.S. 337 (1970) (disruptive defendant can lose right to be present to confront witnesses)

      —Dickson v. State, 108 Nev. 1, 822 P.2d 1122 (1992) (reversible error to allow jurors to see defendant in chains)

      —Duckett v. State, 104 Nev. 6, 11, 752 P.2d 752, 755 (1988) (safety concerns accorded greater significance at penalty phase)

      —White v. State, 105 Nev. 121, 771 P.2d 152 (1989) (defendant has no right to have inmate witness testify unrestrained and in civilian clothes)

      —Thomas v. State, 94 Nev. 605, 608-09, 584 P.2d 674, 676-77 (1978) (jury properly admonished not to consider physical restraints imposed on defendant)

 

Court’s examination of witness must be neutral and to seek truth

      —Azbill v. State, 88 Nev. 240, 249, 495 P.2d 1064, 1070 (1972)

 

Instruction to deadlocked jury must not be coercive

      —Staude v. State, 112 Nev. 1, 5-7, 908 P.2d 1373, 1376-77 (1996)

 

Sequestration of jury within discretion of district court:  NRS 175.391

      —Rogers v. State, 101 Nev. 457, 462-63, 705 P.2d 664, 668 (1985)

      —Crew v. State, 100 Nev. 38, 42-43, 675 P.2d 986, 988-89 (1984)

 

Court cannot unreasonably restrict closing argument

      —Collier v. State, 101 Nev. 473, 481-82, 705 P.2d 1126, 1131-32 (1985)

 

19.  CONDUCT OF JURORS:  NRS 175.011-.131, 175.391-.471

Communication with nonjurors

      —Falcon v. State, 110 Nev. 530, 533, 874 P.2d 772, 774 (1994) (presence of alternate juror during first two hours of deliberations created rebuttable presumption of prejudice)

      —Isbell v. State, 97 Nev. 222, 226, 626 P.2d 1274, 1276-77 (1981) (respondent has burden to prove communications not prejudicial)

 

20.  CONDUCT OF DEFENDANT

Disruptive defendant:  NRS 175.387

 

Right of confrontation, presumption of innocence, safety concerns

      —Illinois v. Allen, 397 U.S. 337 (1970) (disruptive defendant can lose right to be present to confront witnesses)

      —Dickson v. State, 108 Nev. 1, 822 P.2d 1122 (1992) (reversible error to allow jurors to see defendant in chains)

      —Duckett v. State, 104 Nev. 6, 11, 752 P.2d 752, 755 (1988) (safety concerns accorded greater significance at penalty phase)

      —Thomas v. State, 94 Nev. 605, 608-09, 584 P.2d 674, 676-77 (1978) (jury properly admonished not to consider physical restraints imposed on defendant)

 

Right to self-representation—see section 5 above

 

21.  VERDICT:  NRS 175.481-.541

Verdict must be unanimous:  NRS 175.481

      Constitution does not require jury unanimity on alternative theories of premeditated murder and felony murder

             —Evans v. State, 113 Nev. 885, 893-96, 944 P.2d 253, 258-60 (1997)

 

Conviction of lesser included offense or attempt:  NRS 175.501

      —Cunningham v. State, 113 Nev. 897, 908-09, 944 P.2d 261, 268 (1997) (after conviction for lesser offense, defendant cannot complain that evidence proves greater offense)

      —Ewish v. State, 111 Nev. 1365, 904 P.2d 1038 (1995) (defendant entitled to instruction on lesser related offense)

 

22.  MOTION TO SET ASIDE VERDICT FOR INSUFFICIENT EVIDENCE:  NRS 175.381

      —Evans v. State, 112 Nev. 1172, 1193-94, 926 P.2d 265, 278-79 (1996), cert. denied, 520 U.S. 1245 (1997)

 

 

TRIAL:  PENALTY PHASE

 

23.  SEPARATE PENALTY HEARING FOR FIRST-DEGREE MURDER:  NRS 175.552-.562

 

24.  DEATH PENALTY NOT PERMITTED FOR SOME DEFENDANTS

Defendant younger than sixteen at time of crime:  NRS 176.025

      —Thompson v. Oklahoma, 487 U.S. 815 (1988) (plurality opinion)

      —Stanford v. Kentucky, 492 U.S. 361 (1989) (death penalty for defendant sixteen years old at time of murder constitutional)

 

Defendant who did not kill, attempt to kill, or intend use of lethal force or was not major participant in felony and recklessly indifferent to human life.  Cf. NRS 200.033(4).

      —Enmund v. Florida, 458 U.S. 782, 797 (1982)

      —Tison v. Arizona, 481 U.S. 137, 158 (1987)

      —Doleman v. State, 107 Nev. 409, 417-18, 812 P.2d 1287, 1292 (1991)

 

Defendant who is insane at time of execution:  NRS 176.455(1)

      —Ford v. Wainwright, 477 U.S. 399 (1986)

      Constitution permits execution of mentally retarded person

             —Penry v. Lynaugh, 492 U.S. 302, 330-35 (1989)

 

Defendant who is pregnant:  NRS 176.475(2)

 

25.  PENALTY PHASE EVIDENCE

      —Middleton v. State, 114 Nev. 1089, 968 P.2d 296 (1998) (describing process jury must follow in considering evidence and determining sentence)

 

25.1  EVIDENCE IN MITIGATION

Defendant may present and each juror must consider any mitigating evidence:  NRS 200.035

      —McKoy v. North Carolina, 494 U.S. 433 (1990) (each juror must be permitted to consider and give effect to mitigating evidence)

      —Penry v. Lynaugh, 492 U.S. 302, 319-28 (1989) (instructions unconstitutional where they did not permit jury to give effect to mitigating evidence)

      —Skipper v. South Carolina, 476 U.S. 1 (1986) (unconstitutional to preclude evidence of defendant’s good behavior while incarcerated)

      —Eddings v. Oklahoma, 455 U.S. 104 (1982) (sentencer cannot refuse to consider any relevant mitigating evidence)

      —Green v. Georgia, 442 U.S. 95 (1979) (unconstitutional to exclude relevant and reliable hearsay evidence at sentencing)

      —Lockett v. Ohio, 438 U.S. 586, 602-08 (1978) (statute cannot preclude sentencer from considering mitigating evidence)

      —Gardner v. Florida, 430 U.S. 349 (1977) (confidential sentence report violates due process; defendant must have opportunity to deny or explain information used at sentencing)

      —Geary v. State, 114 Nev. 100, 952 P.2d 431 (1998) (specifying jury instruction on finding and weighing of aggravators and mitigators)

      —Harris v. State, 106 Nev. 667, 671, 799 P.2d 1104, 1106 (1990)

 

As long as state must prove aggravating circumstances, it is constitutional to require defendant to prove mitigating circumstances

      —Delo v. Lashley, 507 U.S. 272, 276 (1993)

      —Witter v. State, 112 Nev. 908, 923, 921 P.2d 886, 896 (1996) (defendant has no right to argue last), cert. denied, 520 U.S. 1217 (1997)

      —Gallego v. State, 101 Nev. 782, 790, 711 P.2d 856, 862 (1985)

 

Defendant’s right to allocution

      —Homick v. State, 108 Nev. 127, 132-34, 825 P.2d 600, 603-05 (1992)

 

25.2  EVIDENCE IN AGGRAVATION

Notice:  NRS 175.552(3); SCR 250(4)(c)-(f)

      —Kirksey v. State, 107 Nev. 499, 503, 814 P.2d 1008, 1010 (1991) (three-judge panel improperly found unnoticed aggravators)

      —Emmons v. State, 107 Nev. 53, 62, 807 P.2d 718, 724 (1991) (one day’s notice insufficient to comply with due process)

 

Only enumerated circumstances can aggravate first-degree murder, but other evidence relevant to sentencing is admissible:  NRS 175.552(3), 175.554(3), 200.030(4)(a), 200.033

      —Middleton v. State, 114 Nev. 1089, 968 P.2d 296 (1998) (describing process jury must follow in considering evidence and determining sentence)

 

Use of codefendant admissions at penalty hearings governed by Bruton v. United States, 391 U.S. 123 (1968) (See section 9.1.4 above.)

      —Lord v. State, 107 Nev. 28, 44, 806 P.2d 548, 558 (1991)

 

Aggravator can duplicate element of first-degree murder

      —Lowenfield v. Phelps, 484 U.S. 231, 241-46 (1988)

      —Atkins v. State, 112 Nev. 1122, 1134, 923 P.2d 1119, 1127 (1996), cert. denied, 520 U.S. 1126 (1997)

 

Psychiatric evidence on defendant’s future dangerousness inadmissible

      —Redmen v. State, 108 Nev. 227, 234, 828 P.2d 395, 400 (1992), overruled on other grounds by Alford v. State, 111 Nev. 1409, 906 P.2d 714 (1995)

 

Victim impact evidence:  NRS 175.552 (3), 176.015

      —Payne v. Tennessee, 501 U.S. 808 (1991) (Eighth Amendment does not bar victim impact evidence)

      —Sherman v. State, 114 Nev. 998, 1012, 965 P.2d 903, 914 (1998) (evidence of victim impact from previous crimes not admissible)

      —Rippo v. State, 113 Nev. 1239, 1261, 946 P.2d 1017, 1031 (1997) (victim cannot express opinion regarding sentence in capital case)

 

Evidence of defendant’s abstract beliefs violates First Amendment unless evidence bears on issue being tried

      —Dawson v. Delaware, 503 U.S. 159 (1992)

      —Flanagan v. State, 109 Nev. 50, 846 P.2d 1053 (1993)

 

26.  SPECIFIC STATUTORY AGGRAVATING CIRCUMSTANCES:  NRS 200.033(1)-(13)

Murder committed by person under sentence of imprisonment:  NRS 200.033(1)

      —Geary v. State, 112 Nev. 1434, 1447-48, 930 P.2d 719, 728 (1996) (not duplicative to NRS 200.033(2)), reh’g granted on other grounds, 114 Nev. 100, 952 P.2d 431 (1998)

      —McNelton v. State, 111 Nev. 900, 907-08, 900 P.2d 934, 938 (1995) (aggravator applies to defendant released from incarceration but still serving sentence)

 

Murder committed by person previously convicted of murder or felony involving use or threat of violence:  NRS 200.033(2)

      —Greene v. State, 113 Nev. 157, 171-72, 931 P.2d 54, 63 (1997) (applies to conviction in prior proceeding, unlike NRS 200.033(12), which applies to multiple murders in instant proceeding)

      —Geary v. State, 112 Nev. 1434, 1447-48, 930 P.2d 719, 728 (1996) (not duplicative to NRS 200.033(1)), reh’g granted on other grounds, 114 Nev. 100, 952 P.2d 431 (1998)

      —Hogan v. Warden, 109 Nev. 952, 956-57, 860 P.2d 710, 713-14 (1993) (evidence of use or threat of violence in prior conviction)

      —Riley v. State, 107 Nev. 205, 216-17, 808 P.2d 551, 558 (1991) (separate prior convictions are basis for separate aggravators)

      —Emil v. State, 105 Nev. 858, 864-65, 784 P.2d 956, 960 (1989) (previous conviction need only precede sentencing)

      —Johnson v. Mississippi, 486 U.S. 578 (1988) (death sentence must be reexamined if based in part on prior conviction later reversed)

 

Murder committed by person who knowingly created great risk of death to more than one person:  NRS 200.033(3)

      —Flanagan v. State, 112 Nev. 1409, 1420-21, 930 P.2d 691, 699 (1996) (discussing application in relation to NRS 200.033(12)), cert. denied, ....... U.S. ......., 118 S. Ct. 1534 (1998)

      —Hogan v. Warden, 109 Nev. 952, 957-59, 860 P.2d 710, 714-15 (1993) (sufficient evidence of course of conduct creating great risk)

      —Moran v. State, 103 Nev. 138, 142, 734 P.2d 712, 714 (1987) (insufficient evidence of aggravator)

 

Murder involved robbery, first-degree arson, burglary, invasion of home, or first-degree kidnapping and defendant killed, attempted to kill, or knew or had reason to know that life would be taken or lethal force used:  NRS 200.033(4)

      —Lane v. State, 114 Nev. 299, 956 P.2d 88 (1998) (improper to find robbery aggravator and receiving money aggravator based on same facts)

      —Bennett v. State, 106 Nev. 135, 141-43, 787 P.2d 797, 801-02 (1990) (need not charge crime to use it as aggravator; if each crime could be prosecuted separately, each can be used as separate aggravator; underlying felony in felony-murder can be used as aggravator)

 

Murder committed to avoid arrest or to escape from custody:  NRS 200.033(5)

      —Evans v. State, 112 Nev. 1172, 1196, 926 P.2d 265, 280-81 (1996) (arrest need not be imminent and victim need not be effecting arrest to find aggravator), cert. denied, 520 U.S. 1245 (1997)

      —Witter v. State, 112 Nev. 908, 929, 921 P.2d 886, 900 (1996) (insufficient evidence of aggravator), cert. denied, 520 U.S. 1217 (1997)

 

Murder committed for purpose of receiving money or thing of monetary value:  NRS 200.033(6)

      —Lane v. State, 114 Nev. 299, 956 P.2d 88 (1998) (improper to find robbery aggravator and receiving money aggravator based on same facts)

 

Murder committed upon peace officer or fireman:  NRS 200.033(7)

 

Murder involved torture or mutilation of victim:  NRS 200.033(8)

      —Rippo v. State, 113 Nev. 1239, 1263-64, 946 P.2d 1017, 1032-33 (1997) (torture need not be cause of death)

      —Browne v. State, 113 Nev. 305, 315-17, 933 P.2d 187, 193-94 (mutilation constitutionally defined and supported by sufficient evidence), cert. denied, ....... U.S. ......., 118 S. Ct. 198 (1997)

      —Domingues v. State, 112 Nev. 683, 702, 917 P.2d 1364, 1377 (1996) (insufficient evidence of torture, mutilation, or depravity of mind)

      —Smith v. State, 110 Nev. 1094, 1104, 881 P.2d 649, 655 (1994) (former aggravating factor of depravity of mind required limiting instruction)

      —Pertgen v. State, 110 Nev. 554, 561-63, 875 P.2d 361, 365-66 (1994) (torture unconstitutionally vague without defining instruction)

      —Jimenez v. State, 106 Nev. 769, 774, 801 P.2d 1366, 1369 (1990) (despite disjunctive language, NRS 200.033(8) embraces only one aggravating circumstance)

 

Murder committed at random and without apparent motive:  NRS 200.033(9)

      —Geary v. State, 112 Nev. 1434, 1445-47, 930 P.2d 719, 726-27 (1996) (aggravator not unconstitutionally vague but applied too broadly to facts of case), reh’g granted on other grounds, 114 Nev. 100, 952 P.2d 431 (1998)

      —Paine v. State, 107 Nev. 998, 823 P.2d 281 (1991) (aggravator can be found if robbery could have been completed without killing victim)

 

Murder committed upon person less than fourteen years of age:  NRS 200.033(10)

 

Murder committed because of victim’s race, color, religion, national origin, disability, or sexual orientation:  NRS 200.033(11)

 

Defendant was convicted, in immediate proceeding, of more than one murder:  NRS 200.033(12)

      —Greene v. State, 113 Nev. 157, 171-72, 931 P.2d 54, 63 (1997) (applies to convictions in instant proceeding, unlike NRS 200.033(2), which applies to convictions in previous proceedings)

 

Defendant subjected or attempted to subject victim to nonconsensual sexual penetration:  NRS 200.033(13)

 

27.  CLOSING ARGUMENT AND CONDUCT OF PROSECUTOR  (See also section 16 above.)

      —Caldwell v. Mississippi, 472 U.S. 320 (1985) (improper to minimize jurors’ sense of responsibility in determining death sentence)

      —McKenna v. State, 114 Nev. 1044, 968 P.2d 739 (1998) (improper to suggest jury is responsible for future victims or must choose between defendant and future victims)

      —Riley v. State, 107 Nev. 205, 219, 808 P.2d 551, 559-60 (1991) (arguing future dangerousness proper if supported by evidence)

      —Howard v. State, 106 Nev. 713, 718-19, 800 P.2d 175, 178 (1990) (prosecutor improperly injected personal beliefs and warned of escape without supporting evidence)

      —Flanagan v. State, 104 Nev. 105, 754 P.2d 836 (1988) (among other things, state improperly referred to defendant’s failure to testify)

      —Collier v. State, 101 Nev. 473, 477-81, 705 P.2d 1126, 1128-31 (1985) (among other things, prosecutor improperly discussed matters not in evidence, told defendant he deserved to die, and implied that death sentence was justified to save money)

 

28.  JURY INSTRUCTIONS

Defining aggravators:  sentencing scheme must channel sentencer’s discretion by clear and objective standards and genuinely narrow class of persons eligible for death penalty

      —Arave v. Creech, 507 U.S. 463 (1993) (state court’s limiting construction of statutory aggravating circumstance constitutional)

      —Shell v. Mississippi, 498 U.S. 1 (1990) (state court’s limiting construction of statutory aggravator unconstitutionally vague)

      —Pertgen v. State, 110 Nev. 554, 560-63, 875 P.2d 361, 364-66 (1994) (failure to define “torture” constitutional error)

 

Considering mitigating and aggravating circumstances:  NRS 200.030(4)(a)

      —Geary v. State, 114 Nev. 100, 952 P.2d 431 (1998) (specifying jury instruction on finding and weighing of aggravating and mitigating circumstances and determining whether death sentence is appropriate)

      —Bennett v. State, 111 Nev. 1099, 1110, 901 P.2d 676, 683 (1995) (death sentence not mandatory even if mitigators do not outweigh aggravators)

 

Mitigating circumstances:  NRS 175.554(1), 200.030(4)(a), 200.035

      Court shall instruct jury on mitigating circumstances alleged by defense upon which evidence has been presented:  NRS 175.554(1)

             —Delo v. Lashley, 507 U.S. 272 (1993) (court not required to instruct on mitigating circumstance when defendant offered no evidence to support it)

 

Jury not to be instructed on possible sentence modification

      —Sonner v. State, 114 Nev. 321, 955 P.2d 673 (1998)

 

Instruction to deadlocked jury must not be coercive

      —Lowenfield v. Phelps, 484 U.S. 231, 241 (1988)

      —Staude v. State, 112 Nev. 1, 5-7, 908 P.2d 1373, 1376-77 (1996)

 

Advisory instruction to acquit:  NRS 175.381(1)

 

29.  VERDICT

Verdict form for death sentence must be signed by foreman, designate aggravators found beyond reasonable doubt, and state that mitigators do not outweigh aggravators:  NRS 175.554(4)

      —Rogers v. State, 101 Nev. 457, 469, 705 P.2d 664, 672 (1985) (form need not specify mitigating circumstances found)

 

 

NEW TRIAL; SECOND PENALTY HEARING; APPEAL AND HABEAS REVIEW; STAYS

 

30.  MOTION FOR NEW TRIAL:  NRS 176.515, 175.381(3)

      —Walker v. State, 113 Nev. 853, 873, 944 P.2d 762, 775 (1997) (newly discovered evidence as basis for new trial)

      —State v. Crockett, 84 Nev. 516, 444 P.2d 896 (1968) (trial court properly exercised discretion in granting new trial)

 

31.  SECOND PENALTY HEARING

If jury fails to reach unanimous verdict, three-judge panel decides sentence:  NRS 175.556(1)

      —Paine v. State, 110 Nev. 609, 617-18, 877 P.2d 1025, 1030 (1994) (three-judge panels constitutional; no right to voir dire judges)

      —Hill v. State, 102 Nev. 377, 724 P.2d 734 (1986) (three-judge panels constitutional)

 

When defendant is not sentenced to death in original trial, death penalty cannot be imposed on retrial

      —Arizona v. Rumsey, 467 U.S. 203 (1984)

      —Bullington, Missouri, 451 U.S. 430 (1981)

 

State may seek death penalty at second penalty hearing after death sentence reversed on appeal

      —Hitchcock v. Dugger, 481 U.S. 393, 399 (1987)

      —Poland v. Arizona, 476 U.S. 147 (1986)

      —Collier v. State, 103 Nev. 563, 747 P.2d 225(1987)

 

32.  APPEAL AND HABEAS REVIEW

Automatic appeal of judgment of death; mandatory review:  NRS 177.055

 

Petition for writ of habeas corpus:  NRS 34.820, 34.360-.830

 

“Next friend” has right to file habeas petition on behalf of incompetent person held in custody

      —Calambro v. District Court, 114 Nev. 961, 964 P.2d 794 (1998)

 

Failure to object or request instruction generally precludes appellate review of issue, but court may review plain error affecting substantial rights or constitutional error sua sponte:  NRS 178.602

      —Walch v. State, 112 Nev. 25, 34, 909 P.2d 1184, 1189 (1996)

      —Riker v. State, 111 Nev. 1316, 1328, 905 P.2d 706, 713 (1995) (to warrant review, appellant must show that alleged error was patently prejudicial)

 

Court must dismiss habeas petition if grounds could have been raised in earlier proceeding, unless petitioner demonstrates cause for failure to raise grounds earlier and actual prejudice:  NRS 34.810

      —Mazzan v. Warden, 112 Nev. 838, 842, 921 P.2d 920, 922 (1996) (despite failure to demonstrate cause, court must review claim if failure to consider it would result in fundamental miscarriage of justice)

 

Right to counsel on direct appeal:  NRS 178.397; SCR 250(2)(c),(e)

      —Evitts v. Lucey, 469 U.S. 387 (1985) (defendant has right to effective assistance of counsel on first appeal as of right)

      —Didomenico v. State, 110 Nev. 861, 877 P.2d 1069 (1994) (court has no discretion to deny appointed counsel to indigent defendant)

 

Right to counsel in postconviction proceedings:  NRS 34.820(1)

      —Crump v. Warden, 113 Nev. 293, 303-04, 934 P.2d 247, 253 (1997) (petitioner has right to effective assistance if counsel was appointed per statutory mandate, and ineffective assistance constitutes cause to overcome procedural default)

 

Effective assistance of counsel

      —Strickland v. Washington, 466 U.S. 668 (1984)

      —Kirksey v. State, 112 Nev. 980, 987-88, 923 P.2d 1102, 1107 (1996)

 

Appellate court may reweigh aggravating and mitigating evidence and uphold death sentence based in part on invalid aggravator; automatic affirmance based on remaining valid aggravator not constitutional

      —Clemons v. Mississippi, 494 U.S. 738 (1990)

      —Tuggle v. Netherland, 516 U.S. 10 (1995) (remaining valid aggravator may not excuse constitutional error in admitting or excluding evidence)

      —Parker v. Dugger, 498 U.S. 308 (1991) (reweighing erroneous where appellate court overlooked finding of mitigating evidence)

      —Johnson v. Mississippi, 486 U.S. 578 (1988) (death sentence must be reexamined if based in part on prior conviction later reversed)

      —Pertgen v. State, 110 Nev. 554, 563-64, 875 P.2d 361, 366-67 (1994)

      —Canape v. State, 109 Nev. 864, 879-82, 859 P.2d 1023, 1032-35 (1993)

 

Retroactive application of judicial rulings

      —Bousley v. United States, ....... U.S. ......., ......., 118 S. Ct. 1604, 1609-10 (1998)

      —O’Dell v. Netherland, ....... U.S. ......., 117 S. Ct. 1969 (1997)

      —Lambrix v. Singletary, 520 U.S. 518, 526-40 (1997)

 

33.  STAY OF EXECUTION OF DEATH PENALTY:  NRS 176.415, 176.486-.492

Death penalty not permitted for defendant insane at time of execution:  NRS 176.455(1)

      —Ford v. Wainwright, 477 U.S. 399 (1986)

 

Death penalty not permitted for pregnant defendant:  NRS 176.475(2)

      [Added effective January 29, 1999.]

      Rule 251.  In all cases affecting the custody or visitation of minor children including, but not limited to actions seeking termination of parental rights, except cases arising in the juvenile courts, the district courts must resolve the issues affecting the custody or visitation of the child or children within six months of the date that such issues are contested by the filing of a responsive pleading that contests the custody or visitation issues. Extraordinary cases that present unforeseeable circumstances may be subject to extensions of time beyond the six-month period only upon entry by the court of specific findings of fact regarding the circumstances that justify the extension of time. If an appeal is taken to the Supreme Court from an order affecting the custody of minor children, the Supreme Court shall expedite its decision of the appeal.

      [Added; effective January 5, 1991; amended effective March 27, 1991.]

      Rule 252.  A.  Settlement conferences.  At any time in any civil case, the parties may request or the court may order that the parties and their attorneys meet in person with a judge other than the judge assigned to preside over the trial and attempt to settle the case.

      1.  Settlement conferences held pursuant to subsection (A) of this rule shall be held before a senior justice or senior judge or other judge who is amenable to hearing the case.

 

      Rule 253.  Guidelines and procedures in criminal proceedings in the district court where the defendant elects self representation.

      1.  Where a defendant appearing in district court chooses self representation, the court should make a specific, penetrating and comprehensive inquiry of the defendant to determine whether the defendant understands the consequences of his or her decision to proceed without counsel. The district court’s observation of the defendant should reveal that the defendant appears to understand the nature of the proceedings, and is voluntarily exercising his or her informed free will. The district court’s inquiry should reveal whether the defendant should consult with appointed counsel to discuss the consequences of self representation before deciding to proceed in proper person.

      2.  The court should inform the defendant of some of the dangers, disadvantages and consequences of self representation:

      (a) Self representation is often unwise and a defendant may conduct a defense to his or her own detriment;

      (b) A proper person defendant is responsible for knowing and complying with the same procedural rules as lawyers, and cannot expect help from the judge in complying with these procedural rules;

      (c) A defendant proceeding in proper person will not be allowed to complain on appeal about the competency or effectiveness of his or her representation;

      (d) The state will be represented by experienced professional counsel who will have the advantage of skill, training and ability;

      (e) The proper person defendant is not entitled to special library privileges;

      (f) A defendant unfamiliar with legal procedures may allow the prosecutor an advantage, may not make effective use of legal rights, and may make tactical decisions that produce unintended consequences; and

      (g) The effectiveness of the defense may well be diminished by defendant’s dual role as attorney and accused.

      3.  The court’s canvass of the defendant may include questions in the following areas:

      (a) The defendant’s age, education, literacy, background, and prior experience or familiarity with legal proceedings;

      (b) Defendant’s health and whether the defendant is taking any medication or is under the influence of any alcohol or other drugs;

      (c) Defendant’s mental health history;

      (d) Whether defendant has been threatened or coerced in any way to waive the right to an attorney;

      (e) Defendant’s understanding of the right to representation at no cost if the defendant is unable to pay;

      (f) Defendant’s understanding of the elements of each crime and lesser included or related offenses;

      (g) Defendant’s understanding of the possible penalties or punishments, and the total possible sentence the defendant could receive;

      (h) Defendant’s understanding of the pleas and defenses which may be available;

      (i) Defendant’s understanding that the court may appoint standby counsel who, in the event that the court terminates the defendant’s self representation, would become appointed counsel and represent the defendant in the remaining proceedings;

      (j) Defendant’s understanding that if standby counsel is appointed, standby counsel is not required to advise or provide a proper person defendant with legal advice; and

      (k) Defendant’s understanding that he or she has 30 days within which to file an appeal from the entry of a judgment of conviction.

      4.  The court shall make findings on the record concerning whether:

      (a) The defendant is competent to waive his or her constitutional right to be represented by an attorney; and

      (b) The defendant is waiving the right to counsel freely, voluntarily and knowingly, and has a full appreciation and understanding of the waiver and its consequences.

      5.  If the district court appoints counsel to represent a defendant who insists on exercising his or her right to self representation, then the district court should state the basis for denying defendant’s request for self representation.

      [Added; effective April 1, 1997.]