[Rev. 11/21/2013 10:40:42 AM--2013]

CHAPTER 283 - RESIGNATIONS, VACANCIES AND REMOVALS

RESIGNATIONS

NRS 283.010           Resignation may be made before oath taken.

NRS 283.020           Resignation of state officers commissioned by the Governor.

NRS 283.030           Resignation of appointive officers.

VACANCIES

NRS 283.040           Events causing vacancy in office; action by Attorney General or district attorney.

NRS 283.050           Removal on impeachment and conviction: Duties of Secretary of State.

NRS 283.060           Governor to declare state offices vacant.

NRS 283.070           Certification to Governor by Secretary of State of cause of vacancy in certain state offices; certified copy of judgment of insanity or record of conviction.

NRS 283.080           Filling vacancy where power of appointment vested in Governor and Senate or in Legislature.

NRS 283.090           Qualifications and duties of person appointed pursuant to NRS 283.080.

NRS 283.100           Vacancy filled by Governor during recess of Legislature.

NRS 283.110           Vacancy in state office filled by Governor; term of appointee.

NRS 283.120           Vacancy in state appointive office or position; limitation upon term of appointment by Governor.

NRS 283.125           Notice of appointment to fill vacancy; contents; applicability.

NRS 283.130           Commission or certificate of election or appointment of officer filling vacancy.

IMPEACHMENT

NRS 283.140           Officers liable to impeachment.

NRS 283.150           All impeachments tried by Senate; Senate to be sworn.

NRS 283.160           Articles of impeachment: Delivery to President of Senate.

NRS 283.170           Assignment of day of hearing and informing Assembly; service of copy of articles and notice to appear and answer.

NRS 283.180           Service of copy of articles: Personal service; publication of notice to appear and answer.

NRS 283.190           Assignment of other hearing day or proceeding in defendant’s absence.

NRS 283.200           Objection to sufficiency of articles of impeachment; entry and effect of plea of not guilty.

NRS 283.210           Order to answer articles if objection not sustained; judgment on plea of guilty or refusal to plead; trial on plea of not guilty.

NRS 283.220           Senate to be sworn: Procedure.

NRS 283.230           Concurrence of two-thirds of members elected required for conviction.

NRS 283.240           Judgment: Form; resolution of majority as judgment.

NRS 283.250           Judgment: Suspension or removal and disqualification.

NRS 283.260           Effect of judgment of suspension on salary, fees or emoluments.

NRS 283.270           Suspension of officer pending impeachment; filling office pending impeachment.

NRS 283.280           Notice of impeachment of Lieutenant Governor.

NRS 283.290           Indictment or information not barred by conviction on impeachment.

REMOVAL FROM OFFICE BY ACCUSATION

NRS 283.300           Accusation against certain public officers for willful or corrupt misconduct in office: Presentment by grand jury.

NRS 283.310           Statement of offense.

NRS 283.320           Delivery of accusation to district attorney; service of copy; notice to appear and answer; filing original accusation.

NRS 283.330           Appearance and answer; proceeding in defendant’s absence.

NRS 283.340           Objection to sufficiency or denial of truth of accusation.

NRS 283.350           Objection to legal sufficiency of accusation: Form and sufficiency.

NRS 283.360           Denial of truth of accusation.

NRS 283.370           Answer when objection to sufficiency not sustained.

NRS 283.380           Conviction on plea of guilty or refusal to answer; trial on denial of matters charged.

NRS 283.390           Trial by jury; conduct of trial.

NRS 283.400           Right to process.

NRS 283.410           Judgment: Pronouncement; entry and assignment of cause of removal.

NRS 283.420           Appeal; defendant suspended; office may be filled. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 283.420           Appeal; defendant suspended; office may be filled. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 283.430           Proceedings for removal of district attorney.

REMOVAL FROM OFFICE OTHER THAN BY IMPEACHMENT OR ACCUSATION

NRS 283.440           Removal of certain public officers for malfeasance or nonfeasance: Procedure; appeal.

NRS 283.450           Removal of civil officer for excessive use of intoxicants or controlled substances: Procedure; penalties.

_________

 

RESIGNATIONS

      NRS 283.010  Resignation may be made before oath taken.  Any person who shall receive a commission or a certificate of the person’s election or appointment shall be at liberty to resign such office, though the person may not have entered upon the execution of its duties or taken the requisite oath of office.

      [Part 33:108:1866; B § 2631; BH § 1668; C § 1814; RL § 2797; NCL § 4797]

      NRS 283.020  Resignation of state officers commissioned by the Governor.  All state officers commissioned by the Governor shall resign their commissions to the Governor.

      [Part 34:108:1866; B § 2632; BH § 1669; C § 1815; RL § 2798; NCL § 4798]

      NRS 283.030  Resignation of appointive officers.  All officers holding office by appointment shall resign their offices to the officer, body or board that appointed them when no express method is specified by NRS.

      [Part 34:108:1866; B § 2632; BH § 1669; C § 1815; RL § 2798; NCL § 4798]

VACANCIES

      NRS 283.040  Events causing vacancy in office; action by Attorney General or district attorney.

      1.  Every office becomes vacant upon the occurring of any of the following events before the expiration of the term:

      (a) The death or resignation of the incumbent.

      (b) The removal of the incumbent from office.

      (c) The confirmed insanity of the incumbent, found by a court of competent jurisdiction.

      (d) A conviction of the incumbent of any felony or offense involving a violation of the incumbent’s official oath or bond or a violation of NRS 241.040, 293.1755 or 293C.200.

      (e) A refusal or neglect of the person elected or appointed to take the oath of office, as prescribed in NRS 282.010, or, when a bond is required by law, a refusal or neglect of the person to give the bond within the time prescribed by law.

      (f) Except as otherwise provided in NRS 266.400, the ceasing of the incumbent to be an actual, as opposed to constructive, resident of the State, district, county, city, ward or other unit prescribed by law in which the duties of the incumbent’s office are to be exercised, or from which the incumbent was elected or appointed, or in which the incumbent was required to reside to be a candidate for office or appointed to office.

      (g) The neglect or refusal of the incumbent to discharge the duties of the incumbent’s office for a period of 30 days, except when prevented by sickness or absence from the State or county, as provided by law. In a county whose population is less than 15,000, after an incumbent, other than a state officer, has been prevented by sickness from discharging the duties of the incumbent’s office for at least 6 months, the district attorney, either on the district attorney’s own volition or at the request of another person, may petition the district court to declare the office vacant. If the incumbent holds the office of district attorney, the Attorney General, either on the Attorney General’s own volition or at the request of another person, may petition the district court to declare the office vacant. The district court shall hold a hearing to determine whether to declare the office vacant and, in making its determination, shall consider evidence relating to:

             (1) The medical condition of the incumbent;

             (2) The extent to which illness, disease or physical weakness has rendered the incumbent unable to manage independently and perform the duties of the incumbent’s office; and

             (3) The extent to which the absence of the incumbent has had a detrimental effect on the applicable governmental entity.

      (h) The decision of a competent tribunal declaring the election or appointment void or the office vacant.

      (i) A determination pursuant to NRS 293.182 or 293C.186 that the incumbent fails to meet any qualification required for the office.

      2.  Upon the happening of any of the events described in subsection 1, if the incumbent fails or refuses to relinquish the incumbent’s office, the Attorney General shall, if the office is a state office or concerns more than one county, or the district attorney shall, if the office is a county office or concerns territory within one county, commence and prosecute, in a court of competent jurisdiction, any proceedings for judgment and decree declaring that office vacant.

      3.  The provisions of this section do not apply to the extent that they conflict or are otherwise inconsistent with any provision of the Constitution of the State of Nevada regarding the power to judge of the qualifications, elections and returns of or to punish, impeach, expel or remove from office the Governor, other state and judicial officers or State Legislators.

      [35:108:1866; A 1921, 5; 1949, 516; 1943 NCL § 4799]—(NRS A 1975, 616; 1977, 1101; 1997, 274, 1518, 1519, 3475; 1999, 679, 2171; 2001, 678, 1973, 1999; 2009, 1071)

      NRS 283.050  Removal on impeachment and conviction: Duties of Secretary of State.  Whenever any officer shall be removed from office on impeachment and conviction, as declared in the constitution and laws of this state, the Secretary of State shall transmit a certified copy thereof to the officer whose duty it shall be to make an appointment to supply the vacancy caused by the removal of such officer from office.

      [37:108:1866; B § 2635; BH § 1672; C § 1818; RL § 2801; NCL § 4801]

      NRS 283.060  Governor to declare state offices vacant.  The Governor shall declare vacant the office of every state officer.

      [Part 38:108:1866; B § 2636; BH § 1673; C § 1819; RL § 2802; NCL § 4802]

      NRS 283.070  Certification to Governor by Secretary of State of cause of vacancy in certain state offices; certified copy of judgment of insanity or record of conviction.  Whenever a vacancy occurs in any state office, except in the case of resignation made to the Governor or the Legislature, the Secretary of State shall certify to the Governor the cause of such vacancy. If such vacancy occurs from the confirmed insanity of the incumbent, or from the incumbent’s conviction of a felony or an offense involving a violation of the incumbent’s official oath or bond, the Secretary of State shall accompany the certificate with a certified copy of a judgment found upon the lunacy commission, or a certified copy of the record of conviction for such felony or offense, as the case may be.

      [Part 39:108:1866; B § 2637; BH § 1674; C § 1820; RL § 2803; NCL § 4803]

      NRS 283.080  Filling vacancy where power of appointment vested in Governor and Senate or in Legislature.  Whenever a vacancy shall occur, during the recess of the Legislature, in any office which the Legislature is authorized to fill by election, or which the Governor, subject to confirmation by the Senate, is authorized to fill, the Governor, unless it is otherwise specially provided, may appoint some suitable person to perform the duties of such office.

      [40:108:1866; B § 2638; BH § 1675; C § 1821; RL § 2804; NCL § 4804]

      NRS 283.090  Qualifications and duties of person appointed pursuant to NRS 283.080.  Any person appointed pursuant to the provisions of NRS 283.080 shall:

      1.  Before proceeding to execute the duties assigned to the person, qualify in the same manner as required by law of the officer in whose place the person shall be appointed.

      2.  Continue to exercise and perform the duties of the office to which the person shall be so appointed until the election of the person’s successor at the next session of the Legislature, or the next general election, and the qualification of such successor thereafter.

      [42:108:1866; B § 2640; BH § 1677; C § 1823; RL § 2806; NCL § 4806]

      NRS 283.100  Vacancy filled by Governor during recess of Legislature.  Vacancies that may occur in office, the appointment of which is vested in the Governor and Senate, or in the Legislature, shall be filled by the Governor during the recess of the Legislature, by granting commissions which shall expire whenever the Governor and Senate, or the Legislature, shall appoint a person or persons to fill the offices.

      [46:108:1866; B § 2644; BH § 1681; C § 1827; RL § 2810; NCL § 4810]

      NRS 283.110  Vacancy in state office filled by Governor; term of appointee.  Whenever any vacancy shall occur in the office of any state officer, the Governor shall fill the same by granting a commission, which shall expire at the next general election by the people and upon the qualification of a successor, at which election such officer shall be chosen for the balance of the unexpired term.

      [Part 48:108:1866; B § 2646; BH § 1683; C § 1829; RL § 2812; NCL § 4812]

      NRS 283.120  Vacancy in state appointive office or position; limitation upon term of appointment by Governor.  Whenever any vacancy shall occur in any appointive office or position in this state required by law to be filled by the Governor, such vacancy remaining unfilled for a period of 90 days, the Governor shall not, within 60 days preceding the expiration of the Governor’s term in office, fill the vacancy to be effective beyond the termination of the Governor’s own term in office.

      [1:130:1927; NCL § 7393]

      NRS 283.125  Notice of appointment to fill vacancy; contents; applicability.

      1.  Upon making an appointment to fill a vacancy in an elected office, the appointing authority shall notify the filing officer for that elected office. The notice must include:

      (a) The name, residence address and telephone number of the appointed person;

      (b) The political party of the appointed person; and

      (c) The term of the appointment.

      2.  This section applies to each appointment to fill a vacancy in an elected office, including, without limitation, the initial appointment to fill a vacancy in a newly created elected office.

      3.  As used in this section, “filing officer” has the meaning ascribed to it in NRS 293.057.

      (Added to NRS by 2001, 2970)

      NRS 283.130  Commission or certificate of election or appointment of officer filling vacancy.  Any officer elected or appointed to fill any vacancy shall be commissioned, or shall receive a certificate of election or appointment to such office.

      [32:108:1866; B § 2630; BH § 1667; C § 1813; RL § 2796; NCL § 4796]

IMPEACHMENT

      NRS 283.140  Officers liable to impeachment.

      1.  Any state officer shall be liable to impeachment for misdemeanor or malfeasance in office pursuant to Article 7 of the Nevada Constitution.

      2.  As used in NRS 283.140 to 283.290, inclusive, “state officer” means the Governor and other state and judicial officers, except:

      (a) Justices of the peace; and

      (b) State Legislators removable from office only through expulsion by their own House pursuant to Section 6 of Article 4 of the Nevada Constitution.

      [1911 Cr. Prac. § 28; RL § 6878; NCL § 10675]—(NRS A 2009, 1072)

      NRS 283.150  All impeachments tried by Senate; Senate to be sworn.  All impeachments shall be tried by the Senate. When sitting for that purpose, the Senators shall be upon oath or affirmation.

      [1911 Cr. Prac. § 29; RL § 6879; NCL § 10676]

      NRS 283.160  Articles of impeachment: Delivery to President of Senate.  When a state officer is impeached by the Assembly for misdemeanor or malfeasance in office, the articles of impeachment shall be delivered to the President of the Senate.

      [1911 Cr. Prac. § 30; RL § 6880; NCL § 10677]—(NRS A 2009, 1072)

      NRS 283.170  Assignment of day of hearing and informing Assembly; service of copy of articles and notice to appear and answer.

      1.  The Senate shall assign a day for hearing the impeachment, and shall inform the Assembly thereof.

      2.  Not less than 10 days before the day fixed for the hearing, the President of the Senate shall cause a copy of the articles of impeachment, with a notice to appear and answer the same at the time and place appointed, to be served on the defendant.

      [1911 Cr. Prac. § 31; RL § 6881; NCL § 10678]

      NRS 283.180  Service of copy of articles: Personal service; publication of notice to appear and answer.  The service shall be made upon the defendant personally. If upon diligent inquiry the defendant cannot be found within the State and upon due proof of that fact, the Senate may order publication to be made, in such manner as it deems proper, of a notice requiring the defendant to appear at a specified time and place and answer the articles of impeachment.

      [1911 Cr. Prac. § 32; RL § 6882; NCL § 10679]

      NRS 283.190  Assignment of other hearing day or proceeding in defendant’s absence.  If the defendant does not appear, upon proof of service or publication as provided in NRS 283.170 and 283.180, the Senate may, of its own motion or for cause shown, assign another day for hearing the impeachment; or, in the absence of the defendant, may then, or at any other time which it may appoint, proceed to trial and judgment.

      [1911 Cr. Prac. § 33; RL § 6883; NCL § 10680]

      NRS 283.200  Objection to sufficiency of articles of impeachment; entry and effect of plea of not guilty.  When the defendant appears, the defendant may object in writing to the sufficiency of the articles of impeachment, or the defendant may answer the same by an oral plea of not guilty. The plea of not guilty shall be entered upon the journal, and it puts in issue every material allegation of the articles of impeachment.

      [1911 Cr. Prac. § 34; RL § 6884; NCL § 10681]

      NRS 283.210  Order to answer articles if objection not sustained; judgment on plea of guilty or refusal to plead; trial on plea of not guilty.

      1.  If the objection to the sufficiency of the articles of impeachment is not sustained by a majority of the members of the Senate who heard the argument, the defendant must be ordered forthwith to answer the articles of impeachment. If the defendant then pleads guilty, or refuses to plead, the Senate must render judgment of conviction against the defendant.

      2.  If the defendant pleads not guilty, the Senate shall, at such time as it may appoint, proceed to try the impeachment.

      [1911 Cr. Prac. § 35; RL § 6885; NCL § 10682]

      NRS 283.220  Senate to be sworn: Procedure.  At the time and place appointed, and before the Senate proceeds to act on the impeachment, the Secretary shall administer to the President of the Senate, and the President of the Senate to each of the members of the Senate then present, an oath truly and impartially to hear, try and determine the impeachment. No member of the Senate can act or vote upon the impeachment, or upon any question arising thereon, without having taken such oath. When such oath has been administered, the Senate shall proceed to try and determine the impeachment, and may adjourn the trial from time to time.

      [1911 Cr. Prac. § 36; RL § 6886; NCL § 10683]

      NRS 283.230  Concurrence of two-thirds of members elected required for conviction.  The defendant cannot be convicted on impeachment without the concurrence of two-thirds of the members elected, voting by ayes and noes. If two-thirds of the members elected do not concur in a conviction, the defendant shall be acquitted.

      [1911 Cr. Prac. § 37; RL § 6887; NCL § 10684]

      NRS 283.240  Judgment: Form; resolution of majority as judgment.

      1.  After conviction and at such time as it may appoint, the Senate shall pronounce judgment in the form of a resolution which shall be entered upon the journal of the Senate.

      2.  On the adoption of the resolution by a majority of the members present who voted on the question of acquittal or conviction, it becomes the judgment of the Senate.

      [1911 Cr. Prac. § 38; RL § 6888; NCL § 10685]

      NRS 283.250  Judgment: Suspension or removal and disqualification.  The judgment may be that the defendant be suspended, or that the defendant be removed from office and disqualified to hold any office of honor, trust or profit under the State.

      [1911 Cr. Prac. § 39; RL § 6889; NCL § 10686]

      NRS 283.260  Effect of judgment of suspension on salary, fees or emoluments.  If judgment of suspension is given, during the continuance of the judgment the defendant is disqualified from receiving the salary, fees or emoluments of the office.

      [1911 Cr. Prac. § 40; RL § 6890; NCL § 10687]

      NRS 283.270  Suspension of officer pending impeachment; filling office pending impeachment.

      1.  Whenever articles of impeachment against any officer subject to impeachment are presented to the Senate, the officer is temporarily suspended from the officer’s office and cannot act in the officer’s official capacity until the officer is acquitted.

      2.  Upon temporary suspension of any officer other than the Governor, the officer’s office shall at once be temporarily filled by an appointment made by the Governor, with the advice and consent of the Senate, until the acquittal of the officer impeached or, in case of the officer’s removal, until the vacancy is filled as provided by law.

      [1911 Cr. Prac. § 41; RL § 6891; NCL § 10688]

      NRS 283.280  Notice of impeachment of Lieutenant Governor.  If the Lieutenant Governor is impeached, notice of the impeachment shall be immediately given to the Senate by the Assembly in order that another President may be chosen.

      [1911 Cr. Prac. § 42; RL § 6892; NCL § 10689]

      NRS 283.290  Indictment or information not barred by conviction on impeachment.  If the offense for which the defendant is convicted on impeachment is also the subject of an indictment or information, the indictment or information is not barred thereby.

      [1911 Cr. Prac. § 43; RL § 6893; NCL § 10690]

REMOVAL FROM OFFICE BY ACCUSATION

      NRS 283.300  Accusation against certain public officers for willful or corrupt misconduct in office: Presentment by grand jury.

      1.  An accusation in writing against any district, county, township or municipal officer for willful or corrupt misconduct in office, may be presented by the grand jury of the county for or in which the officer accused is elected or appointed.

      2.  As used in this section, “district, county, township or municipal officer” does not include:

      (a) A justice or judge of the court system;

      (b) A state officer removable from office only through impeachment pursuant to Article 7 of the Nevada Constitution; or

      (c) A State Legislator removable from office only through expulsion by the State Legislator’s own House pursuant to Section 6 of Article 4 of the Nevada Constitution.

      [1911 Cr. Prac. § 44; RL § 6894; NCL § 10691]—(NRS A 1973, 416; 1977, 937; 2009, 1072)

      NRS 283.310  Statement of offense.  The accusation shall state the offense charged in ordinary and concise language, and without repetition.

      [1911 Cr. Prac. § 45; RL § 6895; NCL § 10692]

      NRS 283.320  Delivery of accusation to district attorney; service of copy; notice to appear and answer; filing original accusation.

      1.  The accusation shall be delivered by the foreman of the grand jury to the district attorney, unless the district attorney is the officer accused.

      2.  The district attorney shall cause a copy of the accusation to be served upon the defendant, and by notice in writing shall require the accused to appear before the district court of the county, at a time stated in the notice, and answer the accusation. Appearance shall not be required in less than 10 days from the service of the notice. After service, the original accusation shall be filed with the clerk of the district court.

      [1911 Cr. Prac. § 46; RL § 6896; NCL § 10693]

      NRS 283.330  Appearance and answer; proceeding in defendant’s absence.  The defendant shall appear at the time stated in the notice and answer the accusation, unless for some sufficient cause the court assigns another day for that purpose. If the defendant does not appear, the court may proceed to hear and determine the accusation in the defendant’s absence.

      [1911 Cr. Prac. § 47; RL § 6897; NCL § 10694]

      NRS 283.340  Objection to sufficiency or denial of truth of accusation.  The defendant may answer the accusation either by objecting to its sufficiency or any article therein, or by denying the truth of the accusation.

      [1911 Cr. Prac. § 48; RL § 6898; NCL § 10695]

      NRS 283.350  Objection to legal sufficiency of accusation: Form and sufficiency.  If the defendant objects to the legal sufficiency of the accusation, the objection shall be in writing. The objection need not be in any specific form. It is sufficient if it presents intelligibly the grounds of the objection.

      [1911 Cr. Prac. § 49; RL § 6899; NCL § 10696]

      NRS 283.360  Denial of truth of accusation.  If the defendant denies the truth of the accusation, the denial may be oral and without oath. The denial shall be entered upon the minutes.

      [1911 Cr. Prac. § 50; RL § 6900; NCL § 10697]

      NRS 283.370  Answer when objection to sufficiency not sustained.  If the objection to the sufficiency of the accusation is not sustained, the defendant shall answer thereto forthwith.

      [1911 Cr. Prac. § 51; RL § 6901; NCL § 10698]

      NRS 283.380  Conviction on plea of guilty or refusal to answer; trial on denial of matters charged.  If the defendant pleads guilty, or refuses to answer the accusation, the court shall render judgment of conviction against the defendant. If the defendant denies the matters charged, the court shall immediately, or at such time as it appoints, try the accusation.

      [1911 Cr. Prac. § 52; RL § 6902; NCL § 10699]

      NRS 283.390  Trial by jury; conduct of trial.  The trial shall be by a jury and conducted in all respects in the same manner as a trial of an indictment.

      [1911 Cr. Prac. § 53; RL § 6903; NCL § 10700]

      NRS 283.400  Right to process.  The district attorney and the defendant are each entitled to such process as is necessary to enforce the attendance of witnesses as upon a trial of an indictment.

      [1911 Cr. Prac. § 54; RL § 6904; NCL § 10701]

      NRS 283.410  Judgment: Pronouncement; entry and assignment of cause of removal.  Upon a conviction the court shall immediately, or at such time as it appoints, pronounce judgment that the defendant be removed from office. To warrant a removal, the judgment shall be entered upon the minutes, and the cause of removal shall be assigned therein.

      [1911 Cr. Prac. § 55; RL § 6905; NCL § 10702]

      NRS 283.420  Appeal; defendant suspended; office may be filled. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      1.  An appeal from a judgment of removal may be taken to the Supreme Court in the same manner as from a judgment in other criminal actions, but until such judgment is reversed the defendant shall be suspended from office.

      2.  Pending the appeal, the office may be filled as in case of vacancy.

      [1911 Cr. Prac. § 56; RL § 6906; NCL § 10703]

      NRS 283.420  Appeal; defendant suspended; office may be filled. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      1.  An appeal from a judgment of removal may be taken to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution in the same manner as from a judgment in other criminal actions, but until such judgment is reversed the defendant shall be suspended from office.

      2.  Pending the appeal, the office may be filled as in case of vacancy.

      [1911 Cr. Prac. § 56; RL § 6906; NCL § 10703]—(NRS A 2013, 1772, effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election)

      NRS 283.430  Proceedings for removal of district attorney.  The same proceedings may be had on like grounds for the removal of a district attorney, except that the accusation shall be delivered to the district judge of the district. The district judge shall appoint a person to act as prosecuting officer in the matter, or place the accusation in the hands of the district attorney of an adjoining county and require that district attorney to conduct the proceedings.

      [1911 Cr. Prac. § 57; RL § 6907; NCL § 10704]

REMOVAL FROM OFFICE OTHER THAN BY IMPEACHMENT OR ACCUSATION

      NRS 283.440  Removal of certain public officers for malfeasance or nonfeasance: Procedure; appeal.

      1.  Any person who is now holding or who shall hereafter hold any office in this State and who refuses or neglects to perform any official act in the manner and form prescribed by law, or who is guilty of any malpractice or malfeasance in office, may be removed therefrom as hereinafter prescribed in this section, except that this section does not apply to:

      (a) A justice or judge of the court system;

      (b) A state officer removable from office only through impeachment pursuant to Article 7 of the Nevada Constitution; or

      (c) A State Legislator removable from office only through expulsion by the State Legislator’s own House pursuant to Section 6 of Article 4 of the Nevada Constitution.

      2.  Whenever a complaint in writing, duly verified by the oath of any complainant, is presented to the district court alleging that any officer within the jurisdiction of the court:

      (a) Has been guilty of charging and collecting any illegal fees for services rendered or to be rendered in the officer’s office;

      (b) Has refused or neglected to perform the official duties pertaining to the officer’s office as prescribed by law; or

      (c) Has been guilty of any malpractice or malfeasance in office,

Ę the court shall cite the party charged to appear before it on a certain day, not more than 10 days or less than 5 days from the day when the complaint was presented. On that day, or some subsequent day not more than 20 days from that on which the complaint was presented, the court, in a summary manner, shall proceed to hear the complaint and evidence offered by the party complained of. If, on the hearing, it appears that the charge or charges of the complaint are sustained, the court shall enter a decree that the party complained of shall be deprived of the party’s office.

      3.  The clerk of the court in which the proceedings are had, shall, within 3 days thereafter, transmit to the Governor or the board of county commissioners of the proper county, as the case may be, a copy of any decree or judgment declaring any officer deprived of any office under this section. The Governor or the board of county commissioners, as the case may be, shall appoint some person to fill the office until a successor shall be elected or appointed and qualified. The person so appointed shall give such bond as security as is prescribed by law and pertaining to the office.

      4.  If the judgment of the district court is against the officer complained of and an appeal is taken from the judgment so rendered, the officer so appealing shall not hold the office during the pendency of the appeal, but the office shall be filled as in case of a vacancy.

      [21:200:1909; A 1949, 113; 1943 NCL § 4860] + [22:200:1909; A 1949, 113; 1943 NCL § 4861] + [23:200:1909; RL § 2853; NCL § 4862] + [24:200:1909; RL § 2854; NCL § 4863]—(NRS A 1973, 417; 1977, 937; 2009, 1072)

      NRS 283.450  Removal of civil officer for excessive use of intoxicants or controlled substances: Procedure; penalties.

      1.  Any civil officer in this state who, during the civil officer’s term of office, becomes intoxicated or is under the influence of alcoholic, malt or vinous liquors, or becomes or is addicted to the use of controlled substances, so that the civil officer is not at all times in proper condition for the discharge of the duties of the civil officer’s office, is guilty of a gross misdemeanor and if the civil officer is:

      (a) A state officer, the state officer is subject to removal from office through impeachment pursuant to Article 7 of the Nevada Constitution;

      (b) A State Legislator, the State Legislator is subject to removal from office through expulsion by the State Legislator’s own House pursuant to Section 6 of Article 4 of the Nevada Constitution; or

      (c) A county, city or township officer, the county, city or township officer shall be removed from office by the judgment of the court in which the conviction is had, as a part of the penalty in such a conviction.

      2.  Upon receiving information from any person that the provisions of this section have been violated, sheriffs and their deputies, constables and their deputies, district attorneys, and all other peace officers in this state shall immediately institute proceedings in the proper court against the person complained of, and shall prosecute the same with reasonable diligence to final judgment.

      3.  If any person makes and files a complaint under oath charging the district attorney with a violation of this section, the Attorney General shall prosecute the district attorney pursuant to the terms of this section.

      4.  If any state officer is convicted pursuant to this section, the prosecuting officer obtaining the conviction shall file a certified copy of the judgment roll with the Secretary of State. The Secretary of State shall lay the certified copy of the judgment roll before the appropriate House of the Legislature at its next session.

      5.  The provisions of this section must be specially charged to the grand juries of the several counties by district judges.

      [1:56:1887; A 1933, 11; 1935, 272; 1931 NCL § 4875] + [2:56:1887; A 1935, 272; 1931 NCL § 4876] + [3:56:1887; C § 2084; RL § 2863; NCL § 4877]—(NRS A 1967, 139, 551; 1971, 2027; 1987, 1549; 2009, 1073)