Harmful Error

The press continues to cover the order prohibiting Judge Halverson from entering the courthouse:

John L. Smith, The Halverson-Hardcastle harangue cries out for a change of venue. LVRJ 5/13/07

Replacement assigned for Halverson. LVRJ 5/12/07

Court Administration's press release is available here.

The matter presents some serious questions:
What are the powers of the Chief Judge?
Can the Commission on Judicial Discipline take emergency actions?
Under what circumstances can a district court judge be impeached?
When and in which court(s) will the lawsuit(s) be filed?

The Chief Judge
The powers of the Chief Judge are set forth in Rule 1.30 of the Eighth Judicial District Court Rules. Among other provisions, the rule provides that the Chief Judge must:
(b)(5) Make regular and special assignments of all judges, and hear or reassign emergency matters when a judge is absent or otherwise unavailable.
(b)(7) Supervise the court administrator in the management of the court and the performance of the administrator's duties. Supervise the administrative business of the court and have general supervision of the attaches of the court . . . .
(b)(12) Exercise general supervision over all administrative court personnel that are not permanently assigned to a particular district court judge.
(b)(14) Supervise the court's calendar, and apportion the business of the court among the several departments of the court as equally as possible.
(b)(15) Reassign cases from a department to another department as convenience or necessity requires. . . .
(b)(18) Assure that court duties are timely and orderly performed.

I am not aware of any legal challenges to the powers of the Chief Judge. Whether or not these provisions permitted Chief Judge Hardcastle to take the actions against Judge Halverson remains an open question.

Nevada Commission on Judicial Discipline
The Judicial Discipline Commission is governed by Article 6, Section 21 of the Nevada Constitution. It provides that in addition to the provision of article 7 for impeachment, a judge may be censured, retired, removed or otherwise disciplined by the commission on judicial discipline. A just who has been disciplined may appeal from the action of the Commission to the Nevada Supreme Court. The provision mandates that the Legislature shall establish the forms of discipline, the standards for investigation, and confidentiality matters. It also provides that the Nevada Supreme Court shall adopt a code of judicial conduct and that the commission shall adopt procedural rules.

At subsection (8), the provision provides that no judge may by virtue of this section be removed except for willful misconduct, willful or persistent failure to perform the duties of his office or habitual interperance. Subsection 9 provides that any matter relating to the fitness of a judge may be brought to the attention of the commission by any person or on the motion of the commission. The commission shall, after preliminary investigation, dismiss the matter or order a hearing to be held before it. The commission may in its discretion suspend a judge from the exercise of his office pending the determination of the proceedings before the commission.

Chapter 1 of the Nevada Revised Statutes also governs the Judicial Discipline Commission. NRS 1.4653 sets forth the circumstances under which a judge may be disciplined. NRS 1.4675 provides that the commission may suspend a judge from the exercise of office with salary if the commission determines, pending final determination in a judicial disciplinary proceeding, that the judge poses a substantial threat of serious harm to the public or to the administration of justice. A judge who is suspended may appeal the suspension to the Nevada Supreme Court.
NRS 1.4683 mandates confidentiality of Judicial Discipline proceedings until the commission makes a determination and the prosecuting attorney files a formal statement of charges.

The Commission is also subject to its own procedural rules. Rule 9 governs suspensions and provides that the commission shall give the respondent judge 7 days' notice of its intention to suspend. The judge may submit documents in opposition to suspension which shall be considered by the commission. The commission has the sole discretion to determine whether a hearing will be granted.

For an extensive discussion of the powers and procedures of the Judicial Discipline Commission, see the Whitehead opinions from the mid 1990s.

Impeachment
Article 7 of the Nevada Constitution governs impeachment of elected officials.

Section 2 provides "The Governor and other State and Judicial Officers, except Justices of the Peace shall be liable to impeachment for Misdemeanor or Malfeasance in Office; but judgment in such case shall not extend further than removal from Office and disqualification to hold any Office of honor, profit, or trust under this State. The party whether convicted or acquitted, shall, nevertheless, be liable to indictment, trial, judgment and punishment according to law."

Section 3 provides the following: "Removal of Supreme Court Justice or District Judge. For any reasonable cause to be entered on the journals of each House, which may, or may not be sufficient grounds for impeachment, the Chief Justice and associate justices of the Supreme Court and judges of the district courts shall be removed from office on the vote of two thirds of the members elected to each branch of the Legislature, and the justice or judge complained of, shall be served with a copy of the complaint against him, and shall have an opportunity of being heard in person or by counsel in his defense, Provided, that no member of either branch of the Legislature shall be eligible to fill the vacancy occasioned by such removal."

Future Lawsuits
I don't have any first hand information, but I will be shocked if something is not filed soon.