Title 23

NRS 283.050 Removal on impeachment and conviction: Duties of Secretary of State. Whenever any officer shall be removed from office on impeachment and conviction, as declared in the constitution and laws of this state, the Secretary of State shall transmit a certified copy thereof…

NRS 283.060 Governor to declare state offices vacant. The Governor shall declare vacant the office of every state officer. [Part 38:108:1866; B § 2636; BH § 1673; C § 1819; RL § 2802; NCL § 4802]

NRS 283.070 Certification to Governor by Secretary of State of cause of vacancy in certain state offices; certified copy of judgment of insanity or record of conviction. Whenever a vacancy occurs in any state office, except in the case of resignation made to the Governor or the L…

NRS 283.080 Filling vacancy where power of appointment vested in Governor and Senate or in Legislature. Whenever a vacancy shall occur, during the recess of the Legislature, in any office which the Legislature is authorized to fill by election, or which the Governor, subject to c…

NRS 283.090 Qualifications and duties of person appointed pursuant to NRS 283.080. Any person appointed pursuant to the provisions of NRS 283.080 shall: 1. Before proceeding to execute the duties assigned to the person, qualify in the same manner as required by law of the officer…

NRS 283.100 Vacancy filled by Governor during recess of Legislature. Vacancies that may occur in office, the appointment of which is vested in the Governor and Senate, or in the Legislature, shall be filled by the Governor during the recess of the Legislature, by granting commiss…

NRS 283.110 Vacancy in state office filled by Governor; term of appointee. Whenever any vacancy shall occur in the office of any state officer, the Governor shall fill the same by granting a commission, which shall expire at the next general election by the people and upon the qu…

NRS 283.120 Vacancy in state appointive office or position; limitation upon term of appointment by Governor. Whenever any vacancy shall occur in any appointive office or position in this state required by law to be filled by the Governor, such vacancy remaining unfilled for a per…

NRS 283.125 Notice of appointment to fill vacancy; contents; applicability. 1. Upon making an appointment to fill a vacancy in an elected office, the appointing authority shall notify the filing officer for that elected office. The notice must include: (a) The name, residence add…

NRS 283.130 Commission or certificate of election or appointment of officer filling vacancy. Any officer elected or appointed to fill any vacancy shall be commissioned, or shall receive a certificate of election or appointment to such office. [32:108:1866; B § 2630; BH § 1667; C …

NRS 283.140 Officers liable to impeachment. 1. Any state officer shall be liable to impeachment for misdemeanor or malfeasance in office pursuant to Article 7 of the Nevada Constitution. 2. As used in NRS 283.140 to 283.290, inclusive, “state officer” means the Governor and other…

NRS 283.150 All impeachments tried by Senate; Senate to be sworn. All impeachments shall be tried by the Senate. When sitting for that purpose, the Senators shall be upon oath or affirmation. [1911 Cr. Prac. § 29; RL § 6879; NCL § 10676]

NRS 283.160 Articles of impeachment: Delivery to President of Senate. When a state officer is impeached by the Assembly for misdemeanor or malfeasance in office, the articles of impeachment shall be delivered to the President of the Senate. [1911 Cr. Prac. § 30; RL § 6880; NCL § …

NRS 283.170 Assignment of day of hearing and informing Assembly; service of copy of articles and notice to appear and answer. 1. The Senate shall assign a day for hearing the impeachment, and shall inform the Assembly thereof. 2. Not less than 10 days before the day fixed for the…

NRS 283.180 Service of copy of articles: Personal service; publication of notice to appear and answer. The service shall be made upon the defendant personally. If upon diligent inquiry the defendant cannot be found within the State and upon due proof of that fact, the Senate may …

NRS 283.190 Assignment of other hearing day or proceeding in defendant’s absence. If the defendant does not appear, upon proof of service or publication as provided in NRS 283.170 and 283.180, the Senate may, of its own motion or for cause shown, assign another day for hearing th…

NRS 283.200 Objection to sufficiency of articles of impeachment; entry and effect of plea of not guilty. When the defendant appears, the defendant may object in writing to the sufficiency of the articles of impeachment, or the defendant may answer the same by an oral plea of not …

NRS 283.210 Order to answer articles if objection not sustained; judgment on plea of guilty or refusal to plead; trial on plea of not guilty. 1. If the objection to the sufficiency of the articles of impeachment is not sustained by a majority of the members of the Senate who hear…

NRS 283.220 Senate to be sworn: Procedure. At the time and place appointed, and before the Senate proceeds to act on the impeachment, the Secretary shall administer to the President of the Senate, and the President of the Senate to each of the members of the Senate then present, …

NRS 283.230 Concurrence of two-thirds of members elected required for conviction. The defendant cannot be convicted on impeachment without the concurrence of two-thirds of the members elected, voting by ayes and noes. If two-thirds of the members elected do not concur in a convic…

NRS 283.240 Judgment: Form; resolution of majority as judgment. 1. After conviction and at such time as it may appoint, the Senate shall pronounce judgment in the form of a resolution which shall be entered upon the journal of the Senate. 2. On the adoption of the resolution by a…

NRS 283.250 Judgment: Suspension or removal and disqualification. The judgment may be that the defendant be suspended, or that the defendant be removed from office and disqualified to hold any office of honor, trust or profit under the State. [1911 Cr. Prac. § 39; RL § 6889; NCL …

NRS 283.260 Effect of judgment of suspension on salary, fees or emoluments. If judgment of suspension is given, during the continuance of the judgment the defendant is disqualified from receiving the salary, fees or emoluments of the office. [1911 Cr. Prac. § 40; RL § 6890; NCL §…

NRS 283.270 Suspension of officer pending impeachment; filling office pending impeachment. 1. Whenever articles of impeachment against any officer subject to impeachment are presented to the Senate, the officer is temporarily suspended from the officer’s office and cannot act in …

NRS 283.280 Notice of impeachment of Lieutenant Governor. If the Lieutenant Governor is impeached, notice of the impeachment shall be immediately given to the Senate by the Assembly in order that another President may be chosen. [1911 Cr. Prac. § 42; RL § 6892; NCL § 10689]

NRS 283.290 Indictment or information not barred by conviction on impeachment. If the offense for which the defendant is convicted on impeachment is also the subject of an indictment or information, the indictment or information is not barred thereby. [1911 Cr. Prac. § 43; RL § 6…

NRS 283.300 Accusation against certain public officers for willful or corrupt misconduct in office: Presentment by grand jury. 1. An accusation in writing against any district, county, township or municipal officer for willful or corrupt misconduct in office, may be presented by …

NRS 283.310 Statement of offense. The accusation shall state the offense charged in ordinary and concise language, and without repetition. [1911 Cr. Prac. § 45; RL § 6895; NCL § 10692]

NRS 283.320 Delivery of accusation to district attorney; service of copy; notice to appear and answer; filing original accusation. 1. The accusation shall be delivered by the foreman of the grand jury to the district attorney, unless the district attorney is the officer accused. …

NRS 283.330 Appearance and answer; proceeding in defendant’s absence. The defendant shall appear at the time stated in the notice and answer the accusation, unless for some sufficient cause the court assigns another day for that purpose. If the defendant does not appear, the cour…

NRS 283.340 Objection to sufficiency or denial of truth of accusation. The defendant may answer the accusation either by objecting to its sufficiency or any article therein, or by denying the truth of the accusation. [1911 Cr. Prac. § 48; RL § 6898; NCL § 10695]

NRS 283.350 Objection to legal sufficiency of accusation: Form and sufficiency. If the defendant objects to the legal sufficiency of the accusation, the objection shall be in writing. The objection need not be in any specific form. It is sufficient if it presents intelligibly the…

NRS 283.360 Denial of truth of accusation. If the defendant denies the truth of the accusation, the denial may be oral and without oath. The denial shall be entered upon the minutes. [1911 Cr. Prac. § 50; RL § 6900; NCL § 10697]

NRS 283.370 Answer when objection to sufficiency not sustained. If the objection to the sufficiency of the accusation is not sustained, the defendant shall answer thereto forthwith. [1911 Cr. Prac. § 51; RL § 6901; NCL § 10698]

NRS 283.380 Conviction on plea of guilty or refusal to answer; trial on denial of matters charged. If the defendant pleads guilty, or refuses to answer the accusation, the court shall render judgment of conviction against the defendant. If the defendant denies the matters charged…

NRS 283.390 Trial by jury; conduct of trial. The trial shall be by a jury and conducted in all respects in the same manner as a trial of an indictment. [1911 Cr. Prac. § 53; RL § 6903; NCL § 10700]

NRS 283.400 Right to process. The district attorney and the defendant are each entitled to such process as is necessary to enforce the attendance of witnesses as upon a trial of an indictment. [1911 Cr. Prac. § 54; RL § 6904; NCL § 10701]

NRS 283.410 Judgment: Pronouncement; entry and assignment of cause of removal. Upon a conviction the court shall immediately, or at such time as it appoints, pronounce judgment that the defendant be removed from office. To warrant a removal, the judgment shall be entered upon the…

NRS 283.420 Appeal; defendant suspended; office may be filled. 1. An appeal from a judgment of removal may be taken to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution in t…

NRS 283.430 Proceedings for removal of district attorney. The same proceedings may be had on like grounds for the removal of a district attorney, except that the accusation shall be delivered to the district judge of the district. The district judge shall appoint a person to act …

NRS 283.440 Removal of certain public officers for malfeasance or nonfeasance: Procedure; appeal. 1. Any person who is now holding or who shall hereafter hold any office in this State and who refuses or neglects to perform any official act in the manner and form prescribed by law…

NRS 283.450 Removal of civil officer for excessive use of intoxicants or controlled substances: Procedure; penalties. 1. Any civil officer in this state who, during the civil officer’s term of office, becomes intoxicated or is under the influence of alcoholic, malt or vinous liqu…