Opinions by Topic

Please review entire topic list.  Certain issues may fall under more than one topic.

**Canon 5 was repealed. The Rules and Comments of Canon 5 are now contained in Canon 4

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Appearance of Impropriety

Date Opinion Number Canon(s) Question(s) 
02/11/05 JE05-002 2, 2A; 3C(4) May a judge hire a relative as a law clerk?
11/13/06 JE06-018 2, 2A, 3B(7)(c) 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? 
05/22/07 JE07-006 2; 3B(7), 3E(1)(a) May a full-time district court master appointed pursuant to NRS 3.045 also serve as a continuing part-time justice of the peace?
06/14/07 JE07-007 2A; 4G 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? 
08/31/07 JE07-010 2A; 3E(1)(a) Does a juvenile probation officer serving as a justice of the peace pro-tem violate judicial canons?
08/23/13 JE13-004
1. Rule 1.2; 2, Rules
2.2, 2.4 and 2.13
 May a court employee such as the Court Administrator serve as a pro tempore judge in a justice or municipal court?
03/28/14 JE14-001
1, Rule 1.2; 2,
Rule 2.13; 3,
Rules 3.1 and 3.9
 May an elected limited jurisdiction judge serve as a special master or pro tempore judge in another court?
01/07/15 JE14-006
1; Rule 1.2;
2; Rule 2.12
 1. May a court employee who, prior to acceptance of employment with the court, was a facilitator of domestic battery treatment counseling in the community along with the employee's spouse (pursuant to NRS 200.485(3)), continue to provide said counseling services after accepting employment with the court?
2. If a court employee is prohibited from continuing to provide these counseling services, may the court employee's spouse continue providing said counseling services so long as the court employee is removed from involvement m the counseling services?                      
10/11/17  JE17-002
1; Rule 1.3;
 3; Rule 3.10; 3.11 and 3.13
 May a recently appointed judge, after being sworn as a judge, abide by the terms of the former law firm’s partnership agreement and accept payments for vested equity units in the partnership over a four year installment payout?

Campaign/Political Activities & Fundraising

Date Opinion Number Canon(s) Question(s) 
10/20/98 JE98-005 5A, 5C(1), 5D** May a judicial candidate place campaign materials at a booth sponsored by a political party at the Nevada State Fair or comparable event?
10/20/08 JE98-006 2B, 5A(1)(b)** 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? 
07/15/99 JE99-005
5C**
 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? 
05/06/02 JE02-004 3A(3)(d)(iii) May a candidate for election to judicial office, who serves as an unpaid part-time judge, appear in a judicial robe in campaign advertising?
07/12/02 JE02-005 2; 2B; 5A and 5C** 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 of 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." 
12/12/03 JE03-004 5A(3)(d)(iii)* May a full time court master campaign for the position of state district judges while wearing a judicial robe? 
12/26/03 JE03-005 5C(2)** 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 Conduct?
01/10/05 JE05-001 5C(2)** 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?
05/11/06 JE06-002 2A, 4E, 4F, 4H 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?
06/23/06 JE06-006 5C** 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?
07/21/06 JE06-008
1; 2; 4; 5A,
5C**
 May a candidate in a judicial election who is not serving in a judicial capacity on a full or part-time basis: (1) continue to publish a weekly newspaper column, and (2) appear in media advertisements, neither of which directly support his or her candidacy? 
08/22/06 JE06-011 1, 1A; 2; 4(C); 5A, 5C** 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?
09/15/06 JE06-014 5A(3)(d)(ii)** 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? 
10/06/06 JE06-016 5, 5C(1)(a)(ii)** 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? 
10/17/06 JE06-017 5A(1)(b)** 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?
12/22/06 JE06-020
4; 5C** 
 May a judge use campaign contributions to pay attorney fees associated with the defense of an ethics complaint against the judge?
08/10/07 JE07-008 2; 3B(2); 4; 5** 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 Revised Nevada Code of Judicial Conduct as the rules were changed by the Supreme Court (Administrative Docket No. 413) following the issuance of the opinion. 
08/30/07 JE07-009 2A and 2B Does a Nevada jurist violate judicial canons if he or she serves as a reference for a candidate for appointment to another judicial office?
12/26/07 JE07-013 2; 2B; 5** 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?
02/21/08


02/21/08		 JE08-002 Amended

JE08-002		 5C** 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?
03/07/08 JE08-003 5A, 5B, 5C** 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? 
04/24/08 JE08-005 5C(3)** 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?
06/17/09 JE08-006 5** 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? 
07/18/08 JE08-007 5A and 5C** May a senior judge attend a $500 per plate fund raising luncheon being held to support the reelection campaign of a judge?
08/22/08 JE08-009 4, Rules 4.1(A)(7), 4.2(A)(2),(5) and 4.2(B)(4)-(5) May a candidate for election to Nevada state judicial office accept a campaign contribution from a political organization?
12/22/09 JE09-006 5C(2)** 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?
02/26/10 JE10-001
4.1(A)(7), 4.2(A)(2)
(5) and 4(B)(4)-(5)
 May a candidate for election to Nevada state judicial office accept a campaign contribution from a political organization?
08/02/10 JE10-005 1, 4, Rule 1.3,
Rule 4.1(A)(3),
Rule 4.1(A)(4),
Rule 4.1(C)		 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?
08/12/10 JE10-007 1.4, Rule 1.3,
Rule 4.1(A)(3)		 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?
08/12/10 JE10-008 1, Rule 1.3; 2, Rule 2.10; 3, Rules 3.1, 3.2, 3.4, 3.7 and 3.10; 4, Rule 4.1 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?
10/05/10 JE10-009
1, Rule 1.3; 4, 
Rule 4.1(A)(3)
 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?
10/05/10 JE10-011
4, Rules 4.1(A)(9)
and 4.2(A)(6)
 May a district judge use excess campaign funds to either (1) make contributions to the campaigns of other candidates for elective office; or (2) 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?
10/08/10 JE10-012
4, Rules 4.1(A)(3),
4.1(A)(4), 4.2(A)(3)
and 4.2(A)(4)
 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? 
11/22/10 JE10-013
1, Rules 1-3; 3, 
Rules 3.2(A) and 3.4; 4, Rule 4.1(A)(3)
 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 a list of candidates for appointment to replace the retiring justice of the peace? 
04/12/11 JE11-004
4, Rules 4.1(A)(9)
and 4.2(A)(6)
 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? 
09/01/11 JE11-011
4, Rules 4.1(A)(9)
and 4.2(A)(6)
 May a judge use excess campaign funds after successful election to office purchase a home security system?
02/17/12 JE12-001 4, Rule 4.1(A) 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?
03/09/12 JE12-002 4, Rules 4.1(A)(3) and 4.2 May two candidates for different judicial offices participate in a public parade by riding together on the same float?
03/22/12 JE12-003 1, Rule 1.2;
2, Rule 2.11;
4, Rule 4.1		 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?
03/28/12 JE12-004 4, Rule 4.1 May a judge or candidate for election to judicial office serve as a delegate to a county, state, or national political convention?
04/13/12 JE12-005 4, Rule 4.2 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?
08/15/12 JE12-008 4, Rule 4.1 May a judicial candidate: (1) accept a $400 campaign contribution for a partisan political organization; (2) make campaign materials available to the public at a political party office; or (3) use a political party to disseminate campaign lawn signs and literature? 
06/14/13 JE13-003
1, Rules 1.2 and
1.3; 3, Rules 3.1
and 3.10; 4, Rule
4.1(A)
 May a judge act as an informal legal advisor to a political organization, and does the answer differ if the judge is a justice of the peace or a municipal court judge?
May an office holder or member of a political organization use the resources of the political organization to support a judicial candidate? 
05/14/15 JE15-001
4; Rules 4.1,
4.2 and 4.4
 May a sitting judge i) actively campaign against a recall petition that has been filed with the election officer; and ii) solicit or accept campaign contributions to defeat the recall petition and any subsequent special recall election?

Charitable Events & Organizations

Date Opinion Number Canon(s) Question(s) 
08/15/98 JE98-002 4 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?
03/02/99


02/09/99

4C(3) 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 foundations as a means of fulfilling their voluntary goal of providing pro bono legal services or monetary donations in lieu thereof? 
04/05/99 JE99-002 4B, 4C(3) May a judge appear as a speaker at a CLE luncheon where a fee is charged to benefit a pro bono organization?
06/07/99 JE99-003 2A; 4, 4C May a judge solicit funds from his church congregation and distribute those funds to various charities?
08/08/00
Errata
 2A; 4C(3) I . 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?

09/10/00 



07/10/00


4(C) May judges of this state become involved in fund raising events to raise funds for legal service organizations providing pro bono services in Nevada. Can they 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. 
10/25/00 JE00-007 4C 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?
04/05/01 JE01-003 4C(4)(b) 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?
08/23/05 JE05-004 2A, 4, 4A(1), 4C(3) May a judge accept an invitation from the Association of Trial Lawyers of America to be recognized as a "Judicial Fellow"?
08/29/06 JE06-012 3C(2); 4C(4)(b)(i) 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. 
04/12/07 JE07-002 2, 2B, 2D; 4, 4B, 4C, 4G 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?
12/06/07 JE07-012 4A, 4C May a judge become a member of a non-profit organization dedicated to advancing public dialogue on foreign relations through educational events? 
08/07/08 JE08-008 4B, 4I 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? 
09/30/08 JE08-012 4A, 5** 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?
10/16/08 JE08-015 4A(1) and C(2) May a recently elected justice of the peace continue to serve on the Nevada Council for the Prevention of Domestic Violence?
03/13/09 JE09-002 4A, 4C(4) 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?
03/24/09 JE09-003 4A, 4D(5)(b) 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?
09/22/09 JE09-005  4A, 4C(4) 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?
07/06/10 JE10-003
3, Rules 3.1(c) and
3.7(A); 4
Rule 4.2(A)(1)
 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?
10/05/10 JE10-010
3, Rules 3.1
and 3.7; 4
 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 official office?
11/16/11 JE11-014 1, Rules 1.2 and 1.3; 2, Rule 2.4; 3, Rules 3.1, 3.7 and 3.13 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? 
05/31/12 JE12-006 3, Rules 3.1 and 3.7 1. May a judge or candidate for election to judicial office serve on the board of a non-profit organization?
2. May judge or candidate for election to judicial office volunteer as a security director for a charitable organization's annual golf tournament in conjunction with the judge's work with a non-profit organization?
08/20/12 JE12-009
1, Rule 1.2; 3, 
Rules 3.1, 3.7 and 3.13
 1. May a judge, or a member of the judge's staff, solicit and/or accept donations of cash, gift cards, or other merchandise to be used as incentives for participants in a court administered drug court program?
2. May a judge or a member of the judge's staff, request that gift cards or other merchandise that will be used as incentives in a court administered drug court program be discounted or offered for purchase at a bulk reduced rate by a vendor?
09/23/13 JE13-005 3, Rules 3.1 and 3.7(A)(6) May a Nevada judge accept an appointment to serve on the board of directors of a non-profit organization that works to improve the quality of healthcare in Nevada?
10/24/13 JE13-006 3, Rules 3.1 and 3.7 May a retired judge still actively serving as a senior judge agree to have his name listed on an invitation to a fund raising event hosted by a nonprofit to raise money for an at-risk youth center named in honor of the judge?
07/18/14 JE14-004 3 Rules 3.1 and 3.7 May a judge volunteer to work in a concession stand at various public events where a percentage of the proceeds from sales are used to raise funds for a nonprofit organization for a child's sports team?                                                                                                
06/30/23 JE23-001
1, Rules 1.2 and 1.3
2, Rules 2.2 and 2.11
3, Rules 3.1, 3.7, and 3.13
4, Rules 4.1 and 4.2 
 May a sitting judicial officer participate in court programs to: (1) “accept” donations from court employees to donate to non-profit organizations in the community; (2) provide service as a group by volunteering with various service organizations; and (3) participate as a group in various team-building events?

Conflict of Interest

Date Opinion Number Canon(s) Question(s) 
08/12/10 JE10-006
2, Rule 2.6;
3, Rule 3.9
 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?
07/22/11 JE11-007 3, Rules 3.1(B)
and 3.1(C)		 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?
07/22/11 JE11-008 1, Rule 1.3;
3, Rule 3.3		 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?
09/01/11 JE11-009 3, Rules 3.1,
3.7(a)(6) and 3.8(A)		 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?
  12/30/21  JE21-002 1, Rule 1.3;
2, Rule 2.1
3, Rules 3.1, 3.12, 3.14		 May a sitting judicial officer: (1) maintain a blog containing articles on various legal topics written by the officer and published prior to their ascent to the bench; (2) after taking the bench, continue selling and receiving royalties from books they authored prior to taking the bench; (3) after taking the bench, refer to their judicial office when providing biographical information in the body of a book they intend to sell; (4) after taking the bench, advertise books on legal topics they have authored for sale as long as they do not refer to their office in the advertisements; and (5) after taking the bench, author and publish books from which they hope to profit through sale or royalty?

Court Administration

Date Opinion Number Canon(s) Question(s) 
10/22/99 JE99-006 2A, 4G 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?
04/19/02 JE02-002 2A; 3C(2); 4C(2) May district court employees work as election polling center supervisors in response to a directive from the county manager?
02/11/05 JE05-002 2, 2A; 3C(4) May a judge hire a relative as a law clerk?
11/13/06 JE06-018 2, 2A, 3B(7)(c) 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?
04/26/07 JE07-003 None May a court solicit survey responses from criminal defendants as to the performance of contract attorneys assigned by the court to represent them?
08/22/08 JE08-010 2B; 4C(3)(b) 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?
09/09/08 JE08-011 1; 2A; 3A; 4A, 4B May a judge present a segment in the training of reserve officers on courtroom demeanor?
04/30/09 JE09-004 3C(1), 3C(3),
3E(1)(a)		 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?
08/23/13 JE13-004 1, Rule 1.2; 2, Rules 2.2, 2.4 and 2.13 May a court employee such as the Court Administrator serve as a pro tempore judge in a justice or municipal court?
06/04/14 JE14-002 1, Rule 1.2; 2, Rules 2.2, 2.3, 2.4 & 2.5 May a district court purchase and use case law search engine software created, managed and provided for profit by an attorney who practices before the same court?
01/07/15 JE14-006
1, Rule 1.2; 
2; Rule 2.12
 1. May a court employee who, prior to acceptance of employment with the court, was a facilitator of domestic battery treatment counseling in the community along with the employee's spouse (pursuant to NRS 200.485(3)), continue to provide said counseling services after accepting employment with the court?
2. If a court employee is prohibited from continuing to provide these counseling services, may the court employee's spouse continue providing said counseling services so long as the court employee is removed from involvement m the counseling services?
07/28/17 JE17-001

 

1, Rule 1.3; 
2, Rule 2.12(A); 
3, Rules 3.7 and 3.10
 Does a proposed amendment to the Nevada Rules of Professional Conduct set forth in NRPC 6.1 to 6.5 which would permit judicial law clerks in counties with a population in excess of one hundred thousand to perform pro bono work potentially violate the Nevada Code of Judicial Conduct?

Disqualification/Recusal & Disclosure

Date Opinion Number Canon(s) Question(s) 
01/12/00 JE99-007 3E, 3F 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?
03/08/00


02/28/00		 JE00-001 Amended

JE00-001		 1;3 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?
01/22/01 JE01-002 3D, 3E, 3F 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?
03/14/02 JE02-001 3E 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?
04/02/03 JE03-001 2; 3E, 3E(1),
3E(1)(c)&(d)(iv)		 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?
12/12/03 JE03-003 2; 3E 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?
01/30/04 JE04-001 2; 3E(1)(a)(b) Is a justice court judge disqualified from hearing cases in which his or her former public agency client is a party?
01/30/04 JE04-002 2; 3E(1)(a) 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?
06/04/04  JE04-005 2B;3E(1)(d)(iv)  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? 
06/30/06 JE06-005 2, 2A; 3E(1),
3E(1)(a)		 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?
08/17/06 JE06-009 3E 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? 
08/17/06 JE06-10 3E 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. 
03/15/07 JE07-001 3E, 3E(1) 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 district?
2. Assuming the judge is 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?
05/21/07 JE07-004 3E(1)(c)&(d)(iii) 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?
05/22/07 JE07-005 3E(1) 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?
03/26/08 JE08-004 2A; 3E(1) 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?
10/02/08 JE08-013 3E(1)(d)(iii) 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 license? 
10/16/08 JE08-014 3E May a judge preside over cases in adult guardianship court for attorneys who are tenants in a commercial building owned by the judge? 
02/19/09 JE09-001
2B; 3E(1)(a)
 Is a judge required to disclose that current employees are using, or have used, a former court attorney to prepare wills and business documents? 
04/30/09 JE09-004 3C(1), 3C(3),
3E(1)(a)		 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?
12/31/09 JE09-007 2A; 3C(2) and (4) Is a judge required to disclose that the judge's law clerk is the child of a local attorney who routinely appears before the judge? 
07/26/10 JE10-004 2, 2.11(A)(1),
2.11(C)		 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?
02/15/11 JE11-001 2, 2.11 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?
11/29/16   JE16-004 1, 1.2; 2, 2.2, 2.3,
2.4, 2.7, 2.11		  May a Supreme Court Justice who is directly related to a Justice of the Court of Appeals that presided over an appeal participate in future proceedings of that case where the Supreme Court has vacated the decision of the Court of Appeals and granted de novo review of the District Court decision?

Employment

Date Opinion Number Canon(s) Question(s) 
05/22/07 JE07-006 2; 3B(7), 3E(1)(a) May a full-time district court master appointed pursuant to NRS 3.045 also serve as a continuing part-time justice of the peace? 
06/14/07 JE07-007 2A; 4G 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?
08/31/07 JE07-010 2A; 3E(1)(a) Does a juvenile probation office serving as a justice of the peace pro-tem violate judicial canons?
12/18/08 JE08-017 2, 2B; 4, 4D(1)(b), 4E, 4F, 4H May a retired judge subject to recall be employed as an interpreter for courts and private attorneys?
07/06/10 JE10-002
3, Rules 3.1, 3.7(A),
3.12, 3.14 and 3.15
 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? 
12/30/10 JE10-016
3, Rules 3.1, 3.7(A),
3.12, 3.14 and 3.15
 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?

Ex Parte Communications

Date Opinion Number Canon(s) Question(s) 
05/07/02 JE02-003 2; 3B(7)(a)(i)(ii); 3B(7)(c) 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?
07/24/15 JE15-002 2, Rule 2.6, Rule 2.9 During administration of guardianship proceedings and oversight of the guardian, may a judge (1) consider nonparty communications concerning a guardian's conduct or the ward's welfare; and (2) initiate, permit, and consider an investigation based upon a citizen's complaint or upon information received in an investigation conducted by court officers.
10/02/15 JE15-003 1, Rule 1.2;
2, Rule 2.6, Rule 2.9		 May a judge participate in ex-parte communications with a defendant or his or her counsel to negotiate an early case resolution of a misdemeanor traffic citation prior to the case going to trial?
03/11/16 JE16-001 2, Rule 2.6, Rule 2.9 Whether a judge violates the Code of Judicial Conduct when the judge accepts, considers, and acts upon documents received from the Division of Parole and Probation that are not served on the State or the defense.
11/09/21    JE21-001 Application VI [1]; 1, Rule 1.2; 2, Rule 2.6, Rule 2.9 Propriety of a Justice of the Peace amending misdemeanor charges, dismissing misdemeanor cases, and/or participating in misdemeanor plea negotiations without substantive District Attorney involvement

Extra Judicial Activities

Date Opinion Number Canon(s) Question(s) 
07/22/11 JE11-008
1, Rule 1.3;
3, Rule 3.1
 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?
12/06/11 JE11-015 4, Rule 4.5 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 nonjudicial elective office of district attorney?
06/25/14 JE14-003 2, Rule 2.1; 3,
Rules 3.1 and 3.9		 Is judge engaging in extra judicial activities within the context of Canon 3 when serving as an officer of the United States Air Force Reserve, regardless of the particular assignment?
07/22/16 JE16-002 1, Rules 1.2 and 
1.3; 2, Rule 2.1;
3, Rule 3.1		  May a judge participate in an awards program in which judges would nominate or vote for “best attorney” awards in a variety of categories?
07/15/16 JE16-003 1, Rules 1.2 and 1.3;
2, Rules 2.4 and 2.11; 3, Rules 3.10, 3.11, 3.12 and 3.13		 1. May a judge’s spouse, who is the sole proprietor and manager of an office cleaning business, accept a contract from a private landlord to clean office space occupied by a State agency that appears before the judge?
2. May the spouse also accept a contract to clean the office space of an attorney who appears before the judge?                                          
11/21/17      JE17-003 1, Rule 1.2; 2, Rules 2.10, 2.11, 2.14 and 2.15; 3, Rules 3.1, 3.3 and 3.7 May a pro tempore/alternate judge serve concurrently as a volunteer member of the State Bar of Nevada's Standing Committee on Professional Responsibility and Ethics?                         
12/30/21    JE21-002  
 1, Rule 1.3;
2, Rule 2.1
3, Rules 3.1, 3.12, 3.14
 May a sitting judicial officer: (1) maintain a blog containing articles on various legal topics written by the officer and published prior to their ascent to the bench; (2) after taking the bench, continue selling and receiving royalties from books they authored prior to taking the bench; (3) after taking the bench, refer to their judicial office when providing biographical information in the body of a book they intend to sell; (4) after taking the bench, advertise books on legal topics they have authored for sale as long as they do not refer to their office in the advertisements; and (5) after taking the bench, author and publish books from which they hope to profit through sale or royalty?

Letters & Recommendations

Date Opinion Number Canon(s) Question(s) 
10/20/08 JE98-006 2B, 5A(1)(b)** 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?
06/03/03 JE03-002 2B, 5A(1)(b),
5C(1)(a)(i), 5D**		 1. May a judge use judicial stationary to send congratulation letters to successful candidates in State or County elections?
2. To what extent, if any, may a judge assist a candidate for election to either judicial or non-judicial office?
05/07/04 JE04-004 2B, 4B, 5A(1), 5A(1)(b), 5B(2), 5C(1)** 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 in 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 Serving on Boards & Associations)
08/30/07 JE07-009 2A and 2B Does a Nevada jurist violate judicial canons if he or she serves as a reference for a candidate for appointment to another judicial office?
12/20/10 JE10-014 1, Rule 1.3;
3, Rules 3.2 and 3.3		 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?
12/23/10 JE10-015 1, Rules 1.2 and
1.3; 2, Rule 2.8;
3, Rule 3.1		 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?
02/22/11 JE11-002 1, Rule 1.3 May a judge provide a reference letter for a person whom the judge has known personally for years but with whom the judge has never worked?
04/01/11 JE11-003 3, Rules 3.1 and 3.2 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?
09/01/11 JE11-010 1, Rule 1.3 May a Nevada district court judge furnish a letter of recommendation for an individual who has applied to become a Court Appointed Special Advocate?
09/25/12 JE12-010 1, Rule 1.3 1. May a judge provide a generalized letter of recommendation for a project manager based on the judge's personal knowledge of the project manager's work performance?
2. If so, may such a letter be issued on official court letterhead?

Media

Date Opinion Number Canon(s) Question(s) 
10/18/00 JE00-006 2A, 2D; 3B(9) 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?
05/31/06 JE06-003
1; 2, 2A; 4A;
5C(1)(b)(iii)**
 May a sitting judge have a "judicial business card" printed in a magazine or other publication?
10/25/07 JE07-011 3A(7) 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?
02/14/08
 
02/21/08

JE08-002

 

JE08-002 Amended

 5C(1), 5C(1)(a)(ii)** 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?
12/18/08 JE08-016
2B; 3B(9), 3B(10);
4A(1), 4A(3), 4B
 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?
06/05/12 JE12-007
1, Rule 1.3; 
3, Rule 3.1
 May a judge act as a co-host of a television program on a commercial television network with a practicing lawyer as his co-host?
12/30/21      JE21-002
1, Rule 1.3;
2, Rule 2.1
3, Rules 3.1, 3.12, 3.14
  May a sitting judicial officer: (1) maintain a blog containing articles on various legal topics written by the officer and published prior to their ascent to the bench; (2) after taking the bench, continue selling and receiving royalties from books they authored prior to taking the bench; (3) after taking the bench, refer to their judicial office when providing biographical information in the body of a book they intend to sell; (4) after taking the bench, advertise books on legal topics they have authored for sale as long as they do not refer to their office in the advertisements; and (5) after taking the bench, author and publish books from which they hope to profit through sale or royalty?

Practicing Law

Date Opinion Number Canon(s) Question(s) 
08/18/98 JE98-003 1; 2; 4G 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?
08/18/98 JE98-004 None May a continuing part-time judge of a municipal court practice law before the district court which has appellate jurisdiction over that municipal court?
06/07/99 JE99-004 1; 2 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?
05/08/00 JE00-002 2, 4 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?
01/22/01  JE01-001
2, 2A, 2B; 3A;
4, 4A, 4E, 4F, 4G
 May a full-time justice court judge also work as an attorney in Chapter 7 Bankruptcy proceedings, accept appointments as a Receiver in federal cases, act as an arbitrator or own and operate an attorney-assisted paralegal service?
03/17/04 JE04-003 2A; 3E(1) May an attorney who serves as a judge pro tem practice law in the court where the attorney serves as judge?
09/15/06 JE06-015 4, 4A, 4G 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? 
11/16/06 JE06-019 4G 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?
12/22/09 JE09-006 5C(2)** 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?
10/07/11 JE11-013 2, Rule 2.11(A)(6);
3, Rules 3.10 and
3.11(C)		 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?
03/15/13 JE13-001
3, Rules 3.1, 3.10
and 3.11
 1. May a lawyer who is elected as a justice of the peace base the purchase price of his or her former practice on a percentage of the private practice's billed and collected gross revenue over a set period after the date of the sale?
2. May a judge assist the purchaser of his former practice in matters that were ongoing at the time of the sale of the practice?
3. May a judge continue to pay employees of his former law practice as employees of his professional corporation after taking the bench?
4. How long does a judge who is named as a trustee or successor trustee in a client trust have to remove himself as a fiduciary and/or trustee?
05/13/13 JE13-002 3, Rule 3.11 1. May a lawyer who is appointed to the bench sell his practice to a lawyer who will appear before him regularly if the sale will be structured to require a one-time lump sum payment at closing?
2. May a lawyer who is appointed to the bench maintain an interest in a building in which space is leased by the State of Nevada and occupied by the Nevada State Public Defender?
06/14/13 JE13-003 1, Rules 1.2 and 1.3; 3, Rules 3.1 and 3.10; 4, Rule 4.1(A) 1. May a judge act as an informal legal advisor to a political organization, and does the answer differ if the judge is a justice of the peace or a municipal court judge?
2. May an office holder or member of a political organization use the resources of the political organization to support a judicial candidate?
10/01/14 JE14-005
1, Rules 1.2 and
1.3; 3, Rules 3.1
and 3.10; 4, Rule
4.1(A)
 May a justice of the peace in a township with a population of less than 60,000 represent a petitioner in a habeus corpus proceeding outside the justice's jurisdiction?
07/28/17 JE17-001
1, Rule 1.3; 
2, Rule 2.12(A); 
3, Rules 3.7 and 3.10
 Does a proposed amendment to the Nevada Rules of Professional Conduct set forth in NRPC 6.1 to 6.5 which would permit judicial law clerks in counties with a population in excess of one hundred thousand to perform pro bono work potentially violate the Nevada Code of Judicial Conduct?

Serving on Boards & Associations

Date Opinion Number Canon(s) Question(s) 
06/15/98 JE98-001
1; 2, 2A, 2B; 3, 3A; 
4, 4A(3), 4C(2);
5A(2)**
 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?
08/01/00 JE00-005 3, 4 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?
05/07/04 JE04-004
4C, 4G 
 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 in 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)
06/08/06 JE06-004 4A(1) 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? 
09/01/06 JE06-013 2, 2B; 4, 4A, 4B, 4C 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 law?
04/12/07 JE07-002 2, 2B, 2D;
4, 4B, 4C, 4G		 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?
01/31/08 JE08-001 4D(1), 4D(3) May a judge serve on an advisory board related to the construction of a for profit enterprise, with or without compensation?
03/07/08 JE08-003 5A, 5B, 5C** 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?
10/16/08 JE08-015 4A(1), 4C(2) May a recently elected justice of the peace continue to serve on the Nevada Council for the Prevention of Domestic Violence?
03/13/09 JE09-002 4A, 4C(4) 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?
11/22/10 JE10-013 1, Rules 1-3; 3,
Rules 3.2(A)
and 3.4;
4, Rule 4.1(A)(3)		 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 a list of candidates for appointment to replace the retiring justice of the peace?
04/20/11 JE11-005 3, Rules 3.1 and 3.7 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?
04/20/11 JE11-006 3, Rules 3.1 and 3.7 Is the Committee's Advisory Opinion No. JE11-005 applicable to a full-time district court hearing master?
07/22/11 JE11-007
3, Rules 3.1(B)
and 3.1(C)
 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?
09/01/11 JE11-009
3, Rules 3.1,
3.7(a)(6) and 3.8(A)
 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?
05/31/12 JE12-006 3, Rules 3.1 and 3.7 May a judge or candidate for election to judicial office volunteer as a security director for a charitable organization's annual golf tournament in a conjunction with the judge's work with a non-profit organization?
10/08/12 JE12-011 3, Rule 3.1 May a judge serve as a member of the board of a homeowner's association?
11/21/17 JE17-003 1, Rule 1.2; 2, Rules 2.10, 2.11, 2.14 and 2.15; 3, Rules 3.1, 3.3 and 3.7 May a pro tempore/alternate judge serve concurrently as a volunteer member of the State Bar of Nevada's Standing Committee on Professional Responsibility and Ethics?

Subpoenas & Testimony

Date Opinion Number Canon(s) Question(s) 
04/19/04 JE05-003 4A, 4C(1) 1. Is a sitting judge precluded from offering the legislative or executive branch of state government his/her observations or advise 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?
12/15/05 JE05-005 2.2B 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?
01/09/06 JE06-001 2, 2B; 4E, 4G, 4H May a judge testify as an expert in a legal malpractice action for which the judge was engaged prior to taking the bench?
07/18/06 JE06-007 2A, 2B 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? 
09/07/11 JE11-012 1, Rules 1.2 and
1.3; 3, Rule 3.3		 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?