Nevada Judicial Selection

Nevada

Judicial Selection in Nevada: An Introduction
Current Methods of Judicial Selection	History of Judicial Selection Reform
Judicial Campaigns and Elections	Diversity of the Bench

Judicial Campaigns and Elections

CAMPAIGN CONDUCT
According to Canon 5 of Nevada's code of judicial conduct, judicial candidates shall not make pledges or promises of conduct in office other than the fair and impartial performance of the duties of the office; make statements that commit or appear to commit them with respect to cases, controversies, or issues that are likely to come before the court; or knowingly misrepresent the identity, qualifications, present position, or other fact concerning themselves or an opponent.

Judicial candidates may identify themselves as members of a political party upon request. This provision was amended in 2000. Prior to the amendment, the rule was interpreted to prohibit a public response to questions regarding a candidate's party affiliation. It is still impermissible for candidates to align themselves with a political party or to affiliate themselves with a political party in their campaign materials.

Judicial candidates are permitted to personally solicit and accept campaign contributions and personally solicit publicly stated support. However, candidates are encouraged to form committees to solicit and accept contributions and conduct campaigns. Judicial candidates may not solicit contributions and public support earlier than 240 days before the primary election or later than 90 days after the last election in which the candidate participates.

CAMPAIGN OVERSIGHT
In 1997, the Nevada Supreme Court established a standing committee on judicial ethics and election practices. One of the committee's functions is to resolve ethical disputes arising in the course of judicial campaigns. The committee is composed of twenty-eight members, including twelve lawyers appointed by the state bar, twelve nonlawyers appointed by the governor, and four judges appointed by the supreme court. The committee is authorized to decide whether judicial campaign practices are proper, to issue public statements regarding unfair election practices, to render non-binding advisory opinions on hypothetical questions regarding the code of judicial conduct, and to refer any matter to the appropriate disciplinary body. The committee is divided into five-member panels to handle complaints.

In 1998, the committee required three district court candidates to alter their campaign materials to conform to the code of judicial conduct. The candidates filed suit, asserting that the committee's decision violated their First Amendment rights. In Mahan v. Judicial Ethics and Election Practices Commission (D. Nev. 2000), a federal judge upheld the provision of the code that bars judicial candidates from knowingly misrepresenting "the identity, qualifications, present position or other fact concerning" themselves or their opponents, but struck down as vague and overbroad a provision that requires judicial candidates to "maintain the dignity appropriate to judicial office" and to "act in a manner consistent with the integrity and independence of the judiciary."

CAMPAIGN FINANCING
Contributions to judicial candidates are capped at $5,000 per office per election.