As amended through October 9, 2024
Rule 7 - Administration of the Court; Conservation of Court Resources1. The vote of each Justice of this Court, through the rule-making process and participation in decisions and orders concerning particular issues, has equal weight in directing the administration of the Court and the utilization of Court resources. When functioning in the capacity of Chief Justice or Vice Chief Justice, as hereinafter defined, a Court member must act diligently, fairly and consistently to execute the Court's administrative policy choices, as established by the Court's rules, decisions, orders, historical practices and norms. 2. The Chief Justice is the Justice whose current commission is senior in the date of its issuance, and, in case the commissions of any two or more of the Justices shall bear the same date, they shall determine by lot who shall be Chief Justice. 3. The Justice whose current commission is the most senior in the date of its issuance, excepting that of the Chief Justice, shall be designated as, and have the title of "Vice Chief Justice." In case the commissions of any two other Justices shall bear the same date, the Chief Justice shall designate which of those Justices, next senior in commission, shall be Vice Chief Justice. 4. The Chief Justice is the administrative head of the Nevada Court System, who must act in accordance with court rules and all norms of collegial conduct heretofore expressly or implicitly recognized by the historical practices of the Court and be bound by any decision or order that may be entered by a majority of the Court. Unless he is absent from the Court, disqualified, mentally, emotionally or physically disabled, or otherwise unavailable, the Chief Justice, as administrative head of the Nevada Court System, has authority to perform administrative activities not inconsistent with this and other Court rules or any recognized norm, or any decision or order of the majority. Whenever the Chief Justice is absent from the Court, disqualified, disabled, or otherwise unavailable, the Vice Chief Justice may and shall in all respects act as Chief Justice. 5. In the event the Chief Justice or the Vice Chief Justice is either disqualified or wishes to recuse himself in regard to the decision of any litigated matter, he is also precluded from undertaking any administrative action with regard thereto. This preclusion includes, but is not limited to, the assignment or direction of court personnel to review files of the case in question and the selection of any substitute jurists to participate in the court's decision. The Justice next senior in commission who is not disqualified or recused shall be notified, and all administrative actions shall be taken by the Justice who is not disqualified. 6. Whenever it shall appear that the Chief Justice is absent from the Court, disqualified for any reason, disabled, or otherwise unavailable or precluded from performing any administrative duty or responsibility, thereupon the Clerk of the Court, the Director of the Administrative Office of the Courts, the Supervising Staff Attorney, and other court personnel shall present any and all current administrative concerns to the Vice Chief Justice for consideration and decision. The Vice Chief Justice shall thereupon act upon and resolve such administrative concerns pursuant to his constitutional authority to act as Chief Justice. 7. The Chief Justice and Vice Chief Justice are not at liberty to enter into ad hoc delegations of their administrative authority to other members of the Court, nor are other Court members at liberty to accept such ad hoc delegations. In the event the Chief Justice finds that, for whatever reason, he feels unable to act or speak for the Court in regard to any administrative matter, he must accordingly timely and promptly advise the Vice Chief Justice, who shall thereupon either exercise the contemplated function or, if he also feels unable to act or speak, shall relinquish it to which ever Justice is next senior in commission. 8. Whenever it shall appear to a majority of the Court that the Chief Justice or Vice Chief Justice may be about to perform any administrative action of which they disapprove, they may by private or public directive advise him that his contemplated conduct is contrary to the Court's administrative policy as determined by the Court's majority. In the event that the Chief Justice or Vice Chief Justice is unable to persuade a majority of the Court to accept his position and nevertheless attempts to take an administrative action which has been foreclosed by the majority's directive, his action shall be null and void. 9. Any administrative order entered by the Chief Justice or Vice Chief Justice is also subject to modification or revision subsequent to its entry, through an order entered by a majority of the Court. 10. In the event that the Chief Justice or Vice Chief Justice is temporarily disabled to perform the duties of his office, then as provided in Art. 6, § 19(2) of the Nevada Constitution, the Justice next senior in commission shall act in his place and stead. 11. In apportioning the judicial work of the Court among its Justices, as provided in the Nevada Constitution, the Chief Justice and Vice Chief Justice shall require the Clerk to assign an equal number of cases on a random basis to each member of the Court, without exception. Except as approved by the Court, no member of the Court shall be allowed or shall accept any special assistance from the Central Staff, or from the Office of the Clerk, in regard to any cases assigned to him individually for preparation of an opinion, or for projects unrelated to cases pending before the court. Resources of the Central Staff, the Office of the Clerk, and the Administrative Office of the Courts shall not be applied or diverted in any way to discharge opinion-writing assignments of individual justices, without first obtaining the express prior consent of a majority of the Court. To obtain such consent, any Court member who desires special assistance, beyond that available through his personal secretary and law clerks, shall prepare a memorandum explaining the need therefor, which shall be subject both to prior discussion, and to approval or rejection, at a Court meeting of which all Court members are allowed timely notice. Nothing in this rule shall preclude a Justice from requesting of a staff member occasional, supplemental research on specific legal points relating to the deliberations of the court. 12. In the absence of a request for special assistance, approved by the Court as aforesaid, every court member without exception is expected to produce opinions in the cases assigned to him only with the assistance of the legal secretary or shared secretaries and personal law clerks who are directly assigned to his chambers. No court member shall consult with or seek assistance from private attorneys outside the Court family. 13. The Court's copying machines and supplies, word processors, typewriters, telefax machines, stationery, postage and other resources are provided solely to transact business on behalf of the Nevada Court System. Without exception, all Court members and personnel are under a continuing duty to assure that unauthorized persons, including their family members, do not utilize any of the Court's resources. 14. As a part of their administrative duties, the Chief Justice and Vice Chief Justice may issue truthful press releases that fully and accurately state the collective performance of the Court. Without exception, no Court member may utilize the Central Staff, the Office of the Clerk, or the Administrative Office of the Courts, either to perform research for, or to prepare and disseminate, any press release or other propaganda that seeks approval or notoriety for the individual activities of himself or of some other justice individually. If not done in furtherance of a re-election effort, a Court member may, however, publicize his individual Court activities through releases prepared on his own official Court stationery with the assistance of his personal secretary and law clerks. If done in furtherance of a political campaign, no court personnel, stationery or postage whatever shall be utilized to prepare any press release or propaganda concerning the activities of any individual justice. 15. No Court employee shall knowingly participate in any activity which is inconsistent with this rule. Court personnel shall promptly advise Court members of any request or attempt by anyone seeking to obtain assistance or utilizing Court resources in contravention of this rule. 16. Any deliberate non-compliance with this rule will be regarded as willful misconduct in office. Added; effective 1/6/1992.