Henry v. Nevada Commission on Judicial Discipline

Summary

The Nevada Supreme Court considered whether Nevada Revised Statutes § 1.428 unconstitutionally expanded the Nevada Commission on Judicial Discipline's jurisdiction to include hearing masters. The court held that the statute is constitutional because the Nevada Constitution authorizes legislation concerning referees and permits the Legislature to confer additional powers on the Commission. The court denied Jennifer Henry's petition for a writ of prohibition and vacated the stay of proceedings.

Holdings

1. NRS 1.428 is constitutional because the Nevada Constitution authorizes the Legislature to provide by law for referees in district courts and permits the Commission to exercise further powers conferred by the Legislature.
2. Hearing masters fall within the Nevada Commission on Judicial Discipline's jurisdiction under NRS 1.428.

Questions Presented

1. Whether NRS 1.428, which defines judge for purposes of the Nevada Commission on Judicial Discipline's jurisdiction to include certain judicial-branch officers such as special masters or referees, is constitutional.
2. Whether the Nevada Commission on Judicial Discipline has jurisdiction over hearing masters.

Disposition

writ_denied