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Nevada judicial elections

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Judges inNevada participate innonpartisan elections in even-numbered years. Judges must run for re-election in nonpartisan elections for subsequent terms.[1]

Nevada is one of 10 states that usesnonpartisan elections to select judges and does not useretention elections for subsequent terms. To read more about how states use judicial elections to select judges across the country,click here.

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Elections

Election rules

Primary election

The primary is held on the second Tuesday in June in even-numbered years.[2]

In the nonpartisan primary, the two candidates who receive the greatest number of votes advance to the general election. Though Nevada has a closed primary system, where voters may only vote for members of their own political party, this does not impact the judicial elections, which are nonpartisan. Voters registered with either major party, or those who are not registered with any political party, may still vote for all judicial candidates in the primaries.[3][4]

If there are only two candidates who file to run for any one seat, they skip the primary and compete only in the general election.[5]

Unopposed candidates

If only one candidate files for election to any one seat, he or she must still appear on the primary ballot. They then only need at least one vote in the primary to be elected to office without appearing on the general election ballot.

Only candidates in contested elections may accept campaign contributions; unopposed judicial candidates may not.[6]

Filing

The filing deadline for judicial candidates is 5 p.m. on the second Friday after the first Monday in January.[7]

If zero or one person files to run for a seat in the primary election, latecomers have a chance to enter the general election if they file between "8 a.m. on the third Monday in June" and "5 p.m. on the fourth Friday in June."[8]

History

  • 2007, 2009: Alegislatively referred constitutional amendment was rejected by voters which: 1) would have required a public review of judges by a performance evaluation commission prior to a retention election and 2) would have increased the percentage of "yes" votes required for a retention to 55%.
  • 1994, 1996: In both these years, a constitutional initiative to impose term limits on judges was rejected by about 70% of voters. The measure would have forbid judges from being elected to the same court twice or more than once if they had previously served on the court.[1]
  • 1864: Nevada became a state and theNevada Constitution was passed, which mandated the election of supreme and district court judges.[9]

Ethics

The Nevada Code of Judicial Conduct states, regarding elections (Canon 4, Rule 4.1):

“(A) Except as permitted by law, or by Rules 4.2 and 4.4, a judge or a judicial candidate shall not:
  1. act as a leader in, or hold an office in, a political organization;
  2. make speeches on behalf of a political organization;
  3. publicly endorse or oppose a candidate for any public office;
  4. solicit funds for a political organization or a candidate for public office;
  5. [Reserved];
  6. publicly identify himself or herself as a candidate of a political organization;
  7. seek, accept, or use endorsements or publicly stated support from a political organization;
  8. [Reserved];
  9. use or permit the use of campaign contributions for the private benefit of the judge, the candidate, or others;
  10. use court staff, facilities, or other court resources in a campaign for judicial office;
  11. knowingly, or with reckless disregard for the truth, make any false or misleading statement;
  12. make any statement that would reasonably be expected to affect the outcome or impair the fairness of a matter pending or impending in any court; or
  13. in connection with cases, controversies, or issues that are likely to come before the court, make pledges, promises, or commitments that are inconsistent with the impartial performance of the adjudicative duties of judicial office.

(B) A judge or judicial candidate shall take reasonable measures to ensure that other persons do not undertake, on behalf of the judge or judicial candidate, any activities prohibited under paragraph (A).

(C) Except as prohibited by law, a judge or judicial candidate subject to public election may at any time:

  1. attend political gatherings or attend or purchase tickets for dinners or other events sponsored by a political organization or a candidate for public office;
  2. upon request, identify himself or herself as a member of a political party;
  3. be a member of or pay an assessment to or make a contribution to a political organization or make a contribution to a candidate for public office;
  4. make a public declaration of candidacy;
  5. make a public speech or appearance or speak to gatherings on his or her own behalf; and
  6. appear in newspaper, television, or other media.[10]
”
—Nevada Code of Judicial Conduct, Canon 4, Rule 4.1[11]

The "Standing Committee on Judicial Ethics" was created in 1998 to oversee and issue advisory opinions relating to judicial conduct in various areas, including elections.[12]

See also

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Footnotes

  1. ↑1.01.1American Judicature Society, "Nevada judicial selection overview," archived January 13, 2012
  2. ↑Nevada Revised Statutes, Chapter 293.175 Section 1," accessed May 1, 2014
  3. ↑Clark County Nevada: Election: How Party Affiliation Affects You in Elections
  4. ↑Nevada Office of Secretary of State: Notice of Offices for Which Candidates Will Be Nominated at the June 10, 2014 Primary Election
  5. ↑Nevada Revised Statutes, "Chapter 293.260 Section 4(b)," accessed May 1, 2014
  6. ↑Nevada Secretary of State: 2014 Nevada Judicial Election Calendar
  7. ↑Nevada Revised Statutes, "Chapter 293.177 Section 1(a)," accessed May 1, 2014
  8. ↑Nevada Revised Statutes, "Chapter 293.165 Section 2," accessed May 1, 2014
  9. ↑Nevada Legislature," "The Constitution of the State of Nevada, Article 6," accessed May 1, 2014
  10. ↑Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  11. ↑Nevada Commission on Judicial Discipline, "Nevada Code of Judicial Conduct, Canon 4, Rule 4.1," accessed May 1, 2014
  12. ↑Nevada Commission on Judicial Discipline, "Introduction to the Standing Committee on Judicial Ethics," accessed May 1, 2014
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