Rule 11 - Judges pro tempore; recall; assignment; duties and powers; compensation and expenses; oath; discipline and removal1. Eligibility for recall. The supreme court may recall a former supreme court justice, district court judge, justice of the peace or municipal judge, who is not a senior justice or senior judge of the Nevada court system, to temporary service as a judge pro tempore, provided that: (a) He or she has served as a supreme court justice, district court judge, justice of the peace or municipal judge, or any combination thereof, for at least four consecutive years; and (b) He or she is eligible to retire or has retired under the provisions of the Nevada Revised Statutes; and (c) He or she was not removed or retired for cause from that judicial office or defeated for retention in an election for that office. 2. Recall. Whenever the chief justice determines that it will promote the effective administration of justice, the chief justice may recall and assign any such person to temporary service on any state court at or below the level of the court on which the former jurist qualified for retirement, provided that the justice or judge previously served at least two years in that office. No such person is subject to recall as a judge pro tempore except upon his or her prior consent, and, if he or she is currently engaged in practicing law before any of the courts of this state, upon the express written consent of all interested parties. If designated by the governor, at the request of the chief justice, a former district judge may be assigned, as a judge pro tempore, to hear specific cases in the supreme court upon disqualification of a justice thereof. Notwithstanding anything in these rules to the contrary, recall and assignment will be authorized only pursuant to approval of a majority of elected justices of the supreme court. 3. Order for temporary assignment. The assignment of a judge pro tempore shall be made by an order which shall designate the court to which he or she is assigned, and, in the case of a former district judge assigned to hear and determine a case in the supreme court, the governor shall issue a special commission, as in the case of other judges of the district court. Promptly after assignment of a judge pro tempore under this rule, the clerk of the supreme court shall cause a copy of the order to be sent to the judge pro tempore and another copy to the court to which he or she is assigned. 4. Duties and powers. Each judge pro tempore assigned as provided in this rule has all the judicial powers and duties, while serving under the assignment, of a regularly elected and qualified justice or judge of the court to which he or she is assigned. 5. Compensation. A former supreme court justice or district judge who accepts an assignment as a judge pro tempore in the supreme court or district court, as provided in this rule, shall receive as compensation for the time actually engaged in the performance of duties under the assignment an amount proportional to the gross monthly salary of a regularly elected and qualified judge of the court on which he or she qualified for retirement. A former supreme court justice, district judge, justice of the peace or municipal judge, who accepts an assignment as a judge pro tempore in a justice court or a municipal court, shall receive as compensation for the time actually engaged in the performance of duties under the assignment an amount proportional to the gross monthly salary of a regularly elected and qualified judge of the court to which he or she is assigned. Compensation to judges pro tempore for service in the supreme court and district court shall be paid by the state, and compensation for service in justice court or municipal court shall be paid by the local entity which the court serves unless the state by law assumes responsibility for funding such courts. Before recalling and assigning former supreme court justices and district judges to serve as judges pro tempore, the chief justice should, within their capabilities, accord preference to those who have elected to declare their continuing availability as senior justices and judges. Compensation shall be paid to a judge pro tempore upon his or her certificate that the services were performed for the number of days shown in the certificate. 6. Expenses. A judge pro tempore assigned to a court located outside the county in which he or she regularly resides shall receive, in addition to daily compensation, traveling expenses and per diem as provided by law while attending court or transacting business under the assignment. The expenses shall be paid upon presentation of an itemized statement of expenses, certified by the judge pro tempore to be correct. 7. Oath. Upon accepting an assignment, a judge pro tempore must take, subscribe and file with the clerk of the supreme court the following oath or affirmation: "I, ........................., do solemnly swear (or affirm) that I will support, protect and defend the Constitution and Government of the United States, and the Constitution and Government of the State of Nevada, against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance and loyalty to the same, any ordinance, resolution or law of any State notwithstanding, and that I will well and faithfully perform all the duties of the office of a judge pro tempore of the Nevada court system on which I am about to enter; (if an oath) so help me God; (if an affirmation) under the pains and penalties of perjury."
8. Discipline and removal. By subscribing and filing such oath, a judge pro tempore is subject to discipline and loss of status as such for violation of the Nevada Code of Judicial Conduct as applicable to judges pro tempore. Notwithstanding Canon 4C(3) of the Nevada Code of Judicial Conduct, service as an officer, director, manager, or employee of a business shall not preclude recall as a judge pro tempore, but full disclosure of such activity shall in all cases be made a matter of record, and the participation of the justice or judge may in all cases be precluded by any party through a timely objection made before consideration of any contested matter. Added; effective 10/12/1977; amended; effective 1/18/2005.