INDEX OF ADVISORY OPINIONS BY TOPIC

May a candidate for election to Nevada state judicial office accept a campaign contribution from a political organization?

May a District Court staff attorney who, in part, functions on a multi-year basis as a law clerk for a judge, act as a temporary Family Court Master where his or her findings and recommendations will be reviewed by the judge who directs and supervises the staff attorney?

May a family court judge serve on the board of directors of a non-profit corporation whose purpose is to assist "at risk youth" by providing programs for independent living skills, mentoring, education and job placement?

May a Nevada district judge accept an appointment to serve on the board of directors of a non-profit organization that provides support services to victims of domestic violence, including a court advocacy program assisting victims with applications for temporary protection orders and stalking orders before the justice courts?

May a Nevada district judge accept an appointment to serve as an honorary member of the board of directors of a non-profit organization in connection with events to focus public attention on the issue of modern slavery and human trafficking?

May a candidate for election to judicial office, who serves as an unpaid part-time judge, appear in a judicial robe in campaign advertising?

May a full time court master campaign for the position of state district judge while wearing a judicial robe?

May an elected, "continuing part-time judge": (1) wear a judicial robe in campaign advertising, and (2) use the words "judge" or "re-elect judge" in campaign advertising?

1.  May a candidate for a district court seat refer to service as an alternate municipal judge in campaign materials?
2.  May a candidate who has served as an alternate municipal court judge wear a judicial robe in campaign materials?

May candidates for election or retention to various Nevada judicial offices participate in an invitation announcing a group campaign event sponsored by a law firm that solicits a minimum contribution payable to a political action committee and suggests additional campaign contributions to an invitee's candidate(s) of choice?

May a candidate for election to judicial office who was appointed to a different judicial office in a different court while the campaign was in progress, use campaign contributions generated during the campaign to retire a campaign debt incurred during an unsuccessful previous judicial campaign, or retain the funds for use in a future judicial campaign?

May a judge use campaign contributions to pay attorney fees associated with the defense of an ethics complaint against the judge?

May a District Judge use excess campaign funds to either (i) make contributions to the campaigns of other candidates for elective office; or, (ii) pay the expenses associated with attending public functions, membership fees in civic or professional organizations, communications with the public and for campaign staff support between elections?

May a judge use excess campaign funds after successful election to office to (1) purchase flags with the judge's name printed on them as "donor" for distribution during a parade; or (2) sponsor a children's sports team?

May a judge use excess campaign funds after successful election to office to purchase a home security system?

May the chief judge of a justice court adopt and implement a case management procedure that effectively disqualifies a justice court judge of such court from presiding in domestic violence cases because the judge so disqualified was convicted of the misdemeanor offense of battery domestic violence?

May a sitting judge permit his name to be listed as a member of a "Honorary Host Committee" for a charitable event, said judge's name to appear on the invitation to said event and on the event's promotional material?

04/05/01

May judges serve or be listed on an "Honorary Committee" for a charitable organization's fund-raising dinner in memory of a deceased jurist who was the founding president of the charitable organization?

May a judge purchase space in a souvenir program for a charitable event to congratulate another judge who is being honored at the event by a charitable organization?

1.  Will potential conflicts be created for a judge who hears criminal cases by the fact his/her father heads a state agency which includes divisions of criminal investigation, law enforcement and parole and probation?
2.  Does the judge have a duty to disclose the position held by his/her father to criminal defendants and counsel?

Can a judge ethically preside over and rule in the criminal case of a defendant who had previously appeared before the judge in drug court?

Can a judge ethically preside over unrelated cases involving attorneys whose firm represents the jurist's homeowners association?  One of the attorneys from this firm is currently representing the association in a dispute with a third party.

May an elected, "continuing part-time judge" represent a party in litigation in another court which is related to a matter which was heard and decided by the continuing part-time judge in his or her court?

May a judge preside over cases in adult guardianship court for attorneys who are tenants in a commercial building owned by the judge?

May a judge serve as an appointed member on a multidisciplinary team organized pursuant to Senate Bill 66 (2011) and NRS 33.018 to review the death of the victim of a crime constituting domestic violence?

May a judge voluntarily provide written comments to the Parole Board regarding the release of a prisoner where the judge, prior to taking the bench, served as the district attorney that prosecuted the prisoner?

May a Nevada District Court Judge accept appointment as a volunteer Court Appointed Special Advocate or to serve on the Board of Directors of the CASA Foundation?

May a justice of the peace serve as an unpaid consultant to implement a new communications system for the county in which he serves, when the county sheriff's department administers the system?

Is a judge required to disclose that current employees are using, or have use, a former court attorney to prepare wills and business documents?

Is a judge required to disqualify himself or herself when a deputy attorney general representing all the judges of a district in a suit filed by the county clerk appears before a judge of the district as counsel of record in an unrelated matter?

1.  Is a judge disqualified from presiding over a case in which a party is represented by an attorney who has filed a separate lawsuit against the judge on behalf of another party in another court?
2.  Is the judge disqualified from presiding over future cases in which the attorney represents one of the parties even if the case in which the judge was sued has been resolved?

Is a District Judge required to disqualify himself or herself in every matter which was pending in the county district attorney's office where the judge was a prosecutor before taking the bench?

1.  Is a judge disqualified from presiding over a case when the judge's spouse, a medical doctor, has been retained by one of the parties to the litigation as a paid expert medical consultant?
2.  Assuming the judge is not disqualified, must the judge disclose the business relationship between her spouse and the attorney appearing in her court?

Is a family court hearing master disqualified from hearing cases prosecuted by deputy district attorneys who are supervised by the master's husband, an assistant district attorney?

Is a justice court judge disqualified from hearing cases in which his or her former public agency client is a party?

Is a justice of the peace disqualified from hearing civil eviction cases brought by owner of apartment complexes with whom the judge discusses eviction matters and has a social relationship?

1.  Is a judge disqualified from presiding over a case in which a party is represented by an attorney who is the opponent of the judge in an upcoming judicial election?
2.  Assuming the judge is not disqualified, must the judge disclose that the attorney for the party is his opponent in an upcoming judicial election?

1.  Are judges disqualified from presiding over cases in which a party is represented by an attorney from a law firm representing on a pro bono basis a judges' association of which the judges are members before the legislature in support of enactment of legislation increasing the number of judges within the judges' district?
2.  Assuming the judges are not disqualified, must the judges disclose that the attorney for the party is from a law firm which is providing pro bono representation of the association in support of the legislation?

May a judge preside over criminal or civil matters when one party is represented by an attorney from the local law firm where a child of the judge is working as an attorney?

May the chief judge of a justice court adopt and implement a case management procedure that effectively disqualifies a justice court judge of such court from presiding in domestic violence cases because the judge so disqualified was convicted of the misdemeanor offense of battery domestic violence?

Are the District Judges of a particular Judicial District disqualified from or required to make disclosures and obtain consent in presiding in cases in which a party is represented by an attorney who is a member of, or associated with, the law firm that has been retained by such Judicial District?

May a district judge preside in cases in which one of the parties is represented by an attorney or a member of the attorney's law firm if the attorney and the district judge were more than fifteen years prior in a romantic relationship and domestic partners?

May a full-time Justice Court Judge also work as an attorney in Chapter 7 Bankruptcy proceedings, accept appointments a s a Receiver in federal cases, act as an arbitrator or own and operate an attorney-assisted paralegal service?

May a retired Judge Subject to Recall be employed as an interpreter for courts and private attorneys?

May a person continue in their office or employment while a candidate for judicial office if employed in a position of administrative prosecutorial authority by an agency, corporation or other public institution that is established by Nevada statute or court rule?

May a person who lost in the primary election move on to endorse one of the candidates from the same race who made it through the primary?

May judges engage in ex-parte communications with county jail personnel with regard to the amount of bail established following an arrest, or in order to grant an "own recognizance" ("OR") release?

1. May a judge write a letter of recommendation on behalf of a candidate for admission to law school?*
2.  May a judge write a letter of support on behalf of a doctor in a medical licensing hearing?*
3.  May a judge write a letter to a county commission n support of a candidate for district attorney?*
*  (Does not apply to this topic, see Letters.)
4.  May a judge serve as president of his neighborhood association, including appearing publicly on behalf of the association to advocate for or against rezoning matters? (APPLIES TO THIS TOPIC)

May a sitting judge have a "judicial business card" printed in a magazine or other publication?

May a judge conduct a mediation or settlement conference in a case pending before another judge in the same or another judicial district when requested or assigned to do so by the judge presiding over the case?

May a judge participate as a[n] unpaid volunteer in a community charitable or civic event where the judge does not engage in fundraising activities and while the judge is a candidate for judicial office?

May a district judge be a candidate for election or re-election to the Board of Governors of the State Bar of Nevada, and if elected may the judge serve on such Board?

Is the Committee's Advisory Opinion No. JE11-005 applicable to a full-time district court hearing master?

May a Nevada judge preside in a case involving substantive challenges to the validity of a proposed statute changing or an existing statute prescribing the rate for the tax on gross gaming revenue given the judge is related to persons who are not parties to the litigation but who are involved in certain transactions with or hold certain property interests associated with the operations of a licensed non-restricted gaming licensee?

Must a Nevada justice of the peace decline and urge a family member residing in the judge's household to decline the monetary benefits from a public event for the purposes of raising funds to assist the judge and his family member in meeting the financial obligations for medical treatment for the family member's catastrophic illness?

Does a judge violate Canon 4 if the judge's spouse independently decides to display a support sign for a candidate for public office at the shared residence of the judge and spouse?

Is a senior district judge required by reason of such office to file the campaign contribution and expense reports required by NRS 294A.120 and NRS 294A.200?

May a candidate in a judicial election, who is not serving in a judicial capacity on a full- or a part-time basis, sponsor, in the name of the candidate's campaign, a fund-raiser for a non-profit organization, which organization would receive all of the proceeds raised?

Can a judge ethically allow the juvenile probation department in his/her district court to hold a basketball tournament to raise money for the county's juvenile alcohol and drug treatment programs?  The judge is not actively involved in the event.

Must a Nevada justice of the peace decline and urge a family member residing in the judge's household to decline the monetary benefits from a public event for the purpose of raising funds to assist the judge and his family member in meeting the financial obligations for medical treatment for the family member's catastrophic illness?

May a state court judge agree to host a luncheon as an item that would be sold in a silent auction at the annual fund-raising dinner of a nonprofit research organization?

May a judge submit a private letter to the appointing authority supporting a candidate for appointment to a judicial office?  May a judge write a private letter of support endorsing a candidate for election to a public office?

1.  May a judge use judicial stationery to send congratulation letters to successful candidates in State of County elections?
2. To what extent, if any, may a judge assist a candidate for election to either judicial or non-judicial office?

1. May a judge write a letter of recommendation on behalf of a candidate for admission to law school?*
2.  May a judge write a letter of support on behalf of a doctor in a medical licensing hearing?*
3.  May a judge write a letter to a county commission n support of a candidate for district attorney?*
*  (APPLIES TO THIS TOPIC)
4.  May a judge serve as president of his neighborhood association, including appearing publicly on behalf of the association to advocate for or against rezoning matters? (Does not apply to this topic, see Extra Judicial Activities.)

May a judge provide a reference letter for an applicant in a foster care licensing program where the reference seeks information on the applicant's character, behavior and experience with children?

May a judge use court resources to prepare and send a letter to jurors following their release from jury duty thanking them for their service and asking for input on improving the experience of jury service?

May a judge provide a reference letter for a person whom the judge has known personally for yeas but with whom the judge has never worked?

May a judge submit a letter to the Nevada Legislature requesting continued State funding of a Family to Family Connection program operated through the Department of Health and Human Services?

May a Nevada District Court Judge furnish a letter of recommendation for an individual who has applied to become a Court Appointed Special Advocate?

May the judges of a judicial district appoint one of the district judges not hearing the case to serve as a media liaison officer to answer media questions in high profile cases?

May a candidate in a judicial election who is not serving in a judicial capacity on a full or part-time basis:  (1) continued to publish a weekly newspaper column, and (2) appear in media advertisements, neither of which directly support his or her candidacy?

May a Nevada District Judge or Nevada Justice Court Judge retain their judicial office once they become a candidate for appointment to the unexpired term of office for the nonjudiical elective office of district attorney?

May a justice of the peace, serving in a township where the justice is permitted to engage in the practice of law, be partner, shareholder or associate in a law firm?

May an elected, non-partisan municipal judge run for and serve, if elected, as a non-partisan, non-paid Regent of the University of Nevada system?

May a judicial candidate place campaign materials at a booth sponsored by a political party at the Nevada State Fair or comparable event?

May district court employees work as election polling center supervisors in response to a directive from the county manager?

Do the canons of judicial ethics allow Nevada judges to make political contributions to judicial and non-judicial candidates?
NOTE:  On December 22, 2006, the Nevada Supreme Court issued an Order Amending the Commentary to Canon 5A(1) of the Nevada Code of Judicial Conduct in Administrative Docket No. 403, which addresses and expressly overrules the Standing Committee's opinion.  The relevant language amending the commentary to Canon 5A(1) states:  "A judge or judicial candidate's donation to a candidate or political organization that is otherwise permitted by state or federal law is not considered a public endorsement of a candidate for political office."

May a candidate for judicial office send out mailings announcing an upcoming campaign event prior to the commencement of the 240 day judicial campaign season established in Canon 5C(2) of the Nevada Code of Judicial Ethics?

May a judge or a judicial candidate place his or her name on the website of a political party for the purpose of providing a link to the website of the judge or judicial candidate, at which site the campaign materials of the judge or judicial candidate are located?

May a judge or judicial candidate participate in a parade as part of an entry sponsored by a political party, which entry is intended to represent that party's candidates for state and local office?

May a judge participate in, and continue to be a member of, clubs and committees affiliated with a political party?
NOTE:  Readers should consult the current version of the Nevada Code of Judicial Conduct since the rules were changed by the Supreme Court (Administration Docket No. 413) following the issuance of this opinion.

May a group of judges issue joint invitations to potential supporters to attend a joint function concerning their candidacy for election to their current positions?

May a candidate for election to judicial office identify himself or herself as a member of a political party:  (i) in response to a request by the print media and/or broadcast medias; (ii) in his or her campaign literature?

May a senior judge attend a $500 per plate fund raising luncheon being held to support the reelection campaign of a judge?

1.  May a candidate for election to judicial office place campaign materials at a booth sponsored by a political party when the candidate knows that only judicial candidates who are members of that political party will be allowed to do so?
2.  May a candidate for election to judicial office accept an invitation to speak at an event sponsored by a political party when the invitation states that only judicial candidates who are registered members of that political party will be allowed to speak?

May a judge conduct a "meet and greet" event in the privacy of his home for the benefit of a fellow judge who is seeking re-election?

May a judge display a candidate support sign for another candidate for public office on his or her residential property or other property readily identified in the community as being owned by the judge?

May a judge serve on a committee created by a city for the purpose of assisting the city in drafting a ballot advisory question involving a proposed tax increase where the committee itself takes no position on the merits of the proposed tax increase?

May a candidate for election to judicial office accept an invitation to speak at an event that is sponsored by a political organization when the invitation does not expressly state that only judicial candidates who are registered members of a given political party will be allowed to speak?

May two candidates for different judicial offices participate in a public parade by riding together on the same float?

May a judicial candidate, in connection with seeking an endorsement from a politically active group, sign a campaign pledge to actively support certain legal positions and respond to a questionnaire on the candidate's qualifications and opinions on legal issues?

May a judge or candidate for election to judicial office serve as a delegate to a county, state, or national political convention?

May a judicial candidate solicit or accept campaign contributions during the period that the candidate circulates a nominating petition for the judicial office pursuant to NRS 293.165?

May a district court judge assist a prosecutor in preparing a case for criminal prosecution that the judge handled as prosecutor prior to his appointment or election to judicial office?

May a continuing part-time judge of a municipal court practice law before the district court which has appellate jurisdiction over that municipal court?

May a continuing part-time master appointed by the Court to handle paternity and support issues practice family law in the same judicial district where he or she handles family law matters as a Master?

May an attorney who serves as a judge pro tem practice law in the court where the attorney serves as judge?

May a judge who assisted in the preparation of the by-laws and articles of incorporation for his/her homeowners association prior to his/her taking the bench now assist in amending the by-laws and covenants, conditions and restrictions?

May a continuing part-time Nevada Justice Court Judge undertake an engagement to represent a government, governmental agency or political subdivision of a government in connection with his or her private practice of law?

May a court and its judges assist in the preparation and distribution of standard forms to be completed by litigants as well as printed information describing how to properly fill out and submit such forms?

May a judge, serving as an officer of a judicial district pro bono foundation, sign a letter addressed to attorneys soliciting them to contribute to the foundation as a means of fulfilling their voluntary goal of providing pro bono legal services or monetary donations in lieu thereof?

May a judge appear as a speaker at a CLE luncheon where a fee is charged to benefit a pro bono organization?

A District Court judge has inquired whether judges of this state may become involved in fund raising events to raise funds for legal service organizations providing pro bono services in Nevada. The judges would like to know if they can be listed on an invitation directed to local attorneys asking them to appear at a reception hosted by the listed judges and thereafter attend the event.
NOTE:  Reversal of prior decision due to changes in the Nevada Code of Judicial Conduct.

May a judge accept an invitation from the Association of Trial Lawyers of America to be recognized as a "Judicial Fellow"?

Is a judge required to recuse himself or herself from presiding in proceedings in which an attorney for a party(s) has participated in the judge's election campaign by engaging in any of the following activities or positions?

May a district judge preside in cases in which one of the parties is represented by an attorney or a member of the attorney's law firm if the attorney represented the district judge in unrelated administrative proceedings and civil litigation concerning the judge's compliance with the requirements of the NCJC?

1.  Is a judge required to recuse from cases in which the judge's election opponent serves as attorney?
2.  Is a judge required to recuse from cases in which another attorney from the opponent's firm serves as counsel for a party?

May a family court domestic violence commissioner participate on a domestic violence fatality review team so long as the commissioner does not participate in the review of cases that are pending in, or which reasonably may come before, the court in which the commissioner presides?

1.  May a judge order a convicted defendant as part of a criminal sentence to make a charitable contribution?
2.  May a judge approve a plea bargain agreement between the prosecutor and the defendant which includes an agreement by the defendant to make a charitable contribution, so long as the judge does not select the charity or the amount of the contribution?
3.  May a judge, as part of civil contempt or sanction, order/require a party or an attorney to make a charitable contribution?

May a judge, who is assigned to manage and hear cases in a complex and specialized area of the law, serve as a program advisor to a private, for-profit business organization with respect to educational seminars which that entity sponsors, where the entity consults with potential litigants and actual litigants concerning claims related to that same area of the law?

May a judge who is a parent and president of a charitable organization which supports a particular high school serve on a committee to develop and recommend a mandatory, but random, drug testing program for student athletes at the high school?

May a full-time district court master appointed pursuant to N.R.S. 3.045 also serve as a continuing part-time justice of the peace?

Does a justice of the peace serving in the Air Force Reserve as a judge advocate general (JAG) violate judicial canons and the Nevada statute prohibiting the practice of law and may the judge be compensated as a reservist?

Does a Nevada jurist violate judicial canons if he or she serves as a reference for a candidate for appointment to another judicial office?

Does a juvenile probation officer serving as a justice of the peace pro-tem violate judicial canons?

May a judge become a member of a non-profit organization dedicated to advancing public dialogue on foreign relations through educational events?

May a judge serve on an advisory board related to the construction of a for profit enterprise, with or without compensation?

May a candidate for election to judicial office who is not presently serving in a judicial capacity on a full- or part-time basis continue to serve as an officer of a Bar Association?

May a recently elected justice of the peace continue to serve on the Nevada Council for the Prevention of Domestic Violence?

May a Nevada district judge accept an appointment to serve on the board of directors of a non-profit organization that provides support services to victims of domestic violence, including a court advocacy program assisting victims with applications for temporary protection orders and stalking orders before the justice courts?

May an incumbent Justice of the Peace who is retiring from his or her judicial office prior to the expiration of the term of such office accept an appointment to serve on a committee or panel that will evaluate and recommend to the appointing authority a list of candidates for appointment to replace the retiring justice of the peace?

May a judge solicit funds from his church congregation and distribute those funds to various charities?

May an unopposed judicial candidate who is declared elected after a primary election solicit contributions for the candidate's campaign for up to 90 days after the general election?

May a candidate for municipal court judge solicit and receive contributions for his or her re-election campaign beginning on a date within 120 days before the primary election but prior to the date upon which an opposition candidate files a declaration of candidacy?

May a judge contact vendors or sponsors to seek donations, monetary or otherwise, to support the Nevada Judicial Leadership Summit program convened by the Supreme Court?

May a judge provide records generated in a professional capacity as a marriage and family therapist prior to taking the bench when served with a subpoena?

Is a judge obligated to answer a subpoena commanding him/her to appear for a hearing or trial, when the judge has reason to believe he/she may be asked to provide character evidence?

May a court solicit survey responses from criminal defendants as to the performance of contract attorneys assigned by the court to represent them?

May a judge present a segment in the training of reserve officers on courtroom demeanor?

May a Nevada district judge speak or teach at a continuing professional education seminar or program and prepare written materials related to such presentation, for which the judge will be compensated, where the program is sponsored and conducted by a nonprofit organization that imposes and collects fees from program attendees?

May a Nevada municipal court judge teach at a college or university as a continuing member of the institution's faculty for which the judge will be compensated, where the institution is either or both a public university or a private college or university conducted for profit?

May a judge allow a television station to videotape an entire trial with the videotape to be posted to the television station's website for viewing by the general public?

May a judge host a television program on a public access channel featuring discussions by expert proponents on issues of state and local current public concern?

1.  Is a sitting judge precluded from offering the legislative or executive branch of state government his/her observations or advice on a topic dealing with legal matters or the court?
2.  If such an observation or representation is made on behalf of a group or organization made up of judges and one or more judges disagrees with the majority, may the judge, or judges, in the minority convey this dissenting information to the legislative or administrative branch?

May a judge testify as an expert in a legal malpractice action for which the judge was engaged prior to taking the bench?

May a Justice of the Peace pro tempore testify as an expert witness based on the judge's background in law enforcement and corporate security?

May the official website of a court, which provides information to self-represented individuals in family law matters, also list the names of attorneys with links to the attorneys' websites where the attorneys have volunteered in a program which offers self-represented individuals a free consultation with a lawyer regarding family law matters?

May a judge write a review of several books on methamphetamine addiction with the understanding that any payment will be donated directly to a community drug counseling center?