2005 Nevada Revised Statutes - Chapter 283 — Resignations, Vacancies and Removals

CHAPTER 283 - RESIGNATIONS, VACANCIES ANDREMOVALS

RESIGNATIONS

NRS 283.010 Resignationmay be made before oath taken.

NRS 283.020 Resignationof state officers commissioned by the Governor.

NRS 283.030 Resignationof appointive officers.

VACANCIES

NRS 283.040 Eventscausing vacancy in office; action by Attorney General or district attorney.

NRS 283.050 Removalon impeachment and conviction: Duties of Secretary of State.

NRS 283.060 Governorto declare state offices vacant.

NRS 283.070 Certificationto Governor by Secretary of State of cause of vacancy in certain state offices;certified copy of judgment of insanity or record of conviction.

NRS 283.080 Fillingvacancy where power of appointment vested in Governor and Senate or inLegislature.

NRS 283.090 Qualificationsand duties of person appointed pursuant to NRS283.080.

NRS 283.100 Vacancyfilled by Governor during recess of Legislature.

NRS 283.110 Vacancyin state office filled by Governor; term of appointee.

NRS 283.120 Vacancyin state appointive office or position; limitation upon term of appointment byGovernor.

NRS 283.125 Noticeof appointment to fill vacancy; contents; applicability.

NRS 283.130 Commissionor certificate of election or appointment of officer filling vacancy.

IMPEACHMENT

NRS 283.140 Officersliable to impeachment.

NRS 283.150 Allimpeachments tried by Senate; Senate to be sworn.

NRS 283.160 Articlesof impeachment: Delivery to President of Senate.

NRS 283.170 Assignmentof day of hearing and informing Assembly; service of copy of articles andnotice to appear and answer.

NRS 283.180 Serviceof copy of articles: Personal service; publication of notice to appear andanswer.

NRS 283.190 Assignmentof other hearing day or proceeding in defendants absence.

NRS 283.200 Objectionto sufficiency of articles of impeachment; entry and effect of plea of notguilty.

NRS 283.210 Orderto answer articles if objection not sustained; judgment on plea of guilty orrefusal to plead; trial on plea of not guilty.

NRS 283.220 Senateto be sworn: Procedure.

NRS 283.230 Concurrenceof two-thirds of members elected required for conviction.

NRS 283.240 Judgment:Form; resolution of majority as judgment.

NRS 283.250 Judgment:Suspension or removal and disqualification.

NRS 283.260 Effectof judgment of suspension on salary, fees or emoluments.

NRS 283.270 Suspensionof officer pending impeachment; filling office pending impeachment.

NRS 283.280 Noticeof impeachment of Lieutenant Governor.

NRS 283.290 Indictmentor information not barred by conviction on impeachment.

REMOVAL FROM OFFICE BY ACCUSATION

NRS 283.300 Accusationagainst certain public officers for willful or corrupt misconduct in office:Presentment by grand jury.

NRS 283.310 Statementof offense.

NRS 283.320 Deliveryof accusation to district attorney; service of copy; notice to appear andanswer; filing original accusation.

NRS 283.330 Appearanceand answer; proceeding in defendants absence.

NRS 283.340 Objectionto sufficiency or denial of truth of accusation.

NRS 283.350 Objectionto legal sufficiency of accusation: Form and sufficiency.

NRS 283.360 Denialof truth of accusation.

NRS 283.370 Answerwhen objection to sufficiency not sustained.

NRS 283.380 Convictionon plea of guilty or refusal to answer; trial on denial of matters charged.

NRS 283.390 Trialby jury; conduct of trial.

NRS 283.400 Rightto process.

NRS 283.410 Judgment:Pronouncement; entry and assignment of cause of removal.

NRS 283.420 Appeal;defendant suspended; office may be filled.

NRS 283.430 Proceedingsfor removal of district attorney.

REMOVAL FROM OFFICE OTHER THAN BY IMPEACHMENT OR ACCUSATION

NRS 283.440 Removalof certain public officers for malfeasance or nonfeasance: Procedure; appeal.

NRS 283.450 Removalof civil officer for excessive use of intoxicants or controlled substances:Procedure; penalties.

_________

RESIGNATIONS

NRS 283.010 Resignationmay be made before oath taken. Any person whoshall receive a commission or a certificate of his election or appointmentshall be at liberty to resign such office, though he may not have entered uponthe execution of its duties or taken the requisite oath of office.

[Part 33:108:1866; B 2631; BH 1668; C 1814; RL 2797; NCL 4797]

NRS 283.020 Resignationof state officers commissioned by the Governor. Allstate officers commissioned by the Governor shall resign their commissions tothe Governor.

[Part 34:108:1866; B 2632; BH 1669; C 1815; RL 2798; NCL 4798]

NRS 283.030 Resignationof appointive officers. All officers holding officeby appointment shall resign their offices to the officer, body or board that appointedthem when no express method is specified by NRS.

[Part 34:108:1866; B 2632; BH 1669; C 1815; RL 2798; NCL 4798]

VACANCIES

NRS 283.040 Eventscausing vacancy in office; action by Attorney General or district attorney.

1. Every office becomes vacant upon the occurring ofany of the following events before the expiration of the term:

(a) The death or resignation of the incumbent.

(b) The removal of the incumbent from office.

(c) The confirmed insanity of the incumbent, found by acourt of competent jurisdiction.

(d) A conviction of the incumbent of any felony oroffense involving a violation of his official oath or bond or a violation of NRS 241.040, 293.1755 or 293C.200.

(e) A refusal or neglect of the person elected orappointed to take the oath of office, as prescribed in NRS 282.010, or, when a bond is required bylaw, his refusal or neglect to give the bond within the time prescribed by law.

(f) Except as otherwise provided in NRS 266.400, the ceasing of the incumbentto be an actual, as opposed to constructive, resident of the State, district,county, city, ward or other unit prescribed by law in which the duties of hisoffice are to be exercised, or from which he was elected or appointed, or inwhich he was required to reside to be a candidate for office or appointed tooffice.

(g) The neglect or refusal of the incumbent todischarge the duties of his office for a period of 30 days, except whenprevented by sickness or absence from the State or county, as provided by law.In a county whose population is less than 15,000, after an incumbent, otherthan a state officer, has been prevented by sickness from discharging theduties of his office for at least 6 months, the district attorney, either onhis own volition or at the request of another person, may petition the districtcourt to declare the office vacant. If the incumbent holds the office ofdistrict attorney, the Attorney General, either on his own volition or at therequest of another person, may petition the district court to declare theoffice vacant. The district court shall hold a hearing to determine whether todeclare the office vacant and, in making its determination, shall considerevidence relating to:

(1) The medical condition of the incumbent;

(2) The extent to which illness, disease orphysical weakness has rendered the incumbent unable to manage independently andperform the duties of his office; and

(3) The extent to which the absence of theincumbent has had a detrimental effect on the applicable governmental entity.

(h) The decision of a competent tribunal declaring theelection or appointment void or the office vacant.

(i) A determination pursuant to NRS 293.182 or 293C.186 that the incumbent fails to meetany qualification required for the office.

2. Upon the happening of any of the events describedin subsection 1, if the incumbent fails or refuses to relinquish his office,the Attorney General shall, if the office is a state office or concerns morethan one county, or the district attorney shall, if the office is a countyoffice or concerns territory within one county, commence and prosecute, in acourt of competent jurisdiction, any proceedings for judgment and decree declaringthat office vacant.

[35:108:1866; A 1921, 5; 1949, 516; 1943 NCL 4799](NRS A 1975, 616; 1977, 1101; 1997, 274, 1518, 1519, 3475; 1999, 679, 2171; 2001, 678, 1973, 1999)

NRS 283.050 Removalon impeachment and conviction: Duties of Secretary of State. Whenever any officer shall be removed from office onimpeachment and conviction, as declared in the constitution and laws of thisstate, the Secretary of State shall transmit a certified copy thereof to theofficer whose duty it shall be to make an appointment to supply the vacancycaused by the removal of such officer from office.

[37:108:1866; B 2635; BH 1672; C 1818; RL 2801; NCL 4801]

NRS 283.060 Governorto declare state offices vacant. The Governorshall 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 Certificationto 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 inthe case of resignation made to the Governor or the Legislature, the Secretaryof State shall certify to the Governor the cause of such vacancy. If suchvacancy occurs from the confirmed insanity of the incumbent, or from hisconviction of a felony or an offense involving a violation of his official oathor bond, the Secretary of State shall accompany his certificate with acertified copy of a judgment found upon the lunacy commission, or a certifiedcopy of the record of conviction for such felony or offense, as the case maybe.

[Part 39:108:1866; B 2637; BH 1674; C 1820; RL 2803; NCL 4803]

NRS 283.080 Fillingvacancy where power of appointment vested in Governor and Senate or inLegislature. Whenever a vacancy shall occur,during the recess of the Legislature, in any office which the Legislature isauthorized to fill by election, or which the Governor, subject to confirmationby the Senate, is authorized to fill, the Governor, unless it is otherwisespecially provided, may appoint some suitable person to perform the duties ofsuch office.

[40:108:1866; B 2638; BH 1675; C 1821; RL 2804; NCL 4804]

NRS 283.090 Qualificationsand duties of person appointed pursuant to NRS 283.080. Anyperson appointed pursuant to the provisions of NRS 283.080 shall:

1. Before proceeding to execute the duties assignedhim, qualify in the same manner as required by law of the officer in whoseplace he shall be appointed.

2. Continue to exercise and perform the duties of theoffice to which he shall be so appointed until the election of his successor atthe next session of the Legislature, or the next general election, and thequalification of such successor thereafter.

[42:108:1866; B 2640; BH 1677; C 1823; RL 2806; NCL 4806]

NRS 283.100 Vacancyfilled by Governor during recess of Legislature. Vacanciesthat may occur in office, the appointment of which is vested in the Governorand Senate, or in the Legislature, shall be filled by the Governor during the recessof the Legislature, by granting commissions which shall expire whenever theGovernor and Senate, or the Legislature, shall appoint a person or persons tofill the offices.

[46:108:1866; B 2644; BH 1681; C 1827; RL 2810; NCL 4810]

NRS 283.110 Vacancyin 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 expireat the next general election by the people and upon the qualification of hissuccessor, at which election such officer shall be chosen for the balance ofthe unexpired term.

[Part 48:108:1866; B 2646; BH 1683; C 1829; RL 2812; NCL 4812]

NRS 283.120 Vacancyin state appointive office or position; limitation upon term of appointment byGovernor. Whenever any vacancy shall occur inany appointive office or position in this state required by law to be filled bythe Governor, such vacancy remaining unfilled for a period of 90 days, theGovernor shall not, within 60 days preceding the expiration of his term inoffice, fill the vacancy to be effective beyond the termination of his own termin office.

[1:130:1927; NCL 7393]

NRS 283.125 Noticeof appointment to fill vacancy; contents; applicability.

1. Upon making an appointment to fill a vacancy in anelected office, the appointing authority shall notify the filing officer forthat elected office. The notice must include:

(a) The name, residence address and telephone number ofthe appointed person;

(b) The political party of the appointed person; and

(c) The term of the appointment.

2. This section applies to each appointment to fill avacancy in an elected office, including, without limitation, the initialappointment to fill a vacancy in a newly created elected office.

3. As used in this section, filing officer has themeaning ascribed to it in NRS 293.057.

(Added to NRS by 2001, 2970)

NRS 283.130 Commissionor certificate of election or appointment of officer filling vacancy. Any officer elected or appointed to fill any vacancy shallbe commissioned, or shall receive a certificate of election or appointment tosuch office.

[32:108:1866; B 2630; BH 1667; C 1813; RL 2796; NCL 4796]

IMPEACHMENT

NRS 283.140 Officersliable to impeachment. Any state officer,created by state law, shall be liable for impeachment for any misdemeanor inoffice.

[1911 Cr. Prac. 28; RL 6878; NCL 10675]

NRS 283.150 Allimpeachments tried by Senate; Senate to be sworn. Allimpeachments shall be tried by the Senate. When sitting for that purpose, theSenators shall be upon oath or affirmation.

[1911 Cr. Prac. 29; RL 6879; NCL 10676]

NRS 283.160 Articlesof impeachment: Delivery to President of Senate. Whenan officer of the State is impeached by the Assembly for a misdemeanor inoffice, the articles of impeachment shall be delivered to the President of theSenate.

[1911 Cr. Prac. 30; RL 6880; NCL 10677]

NRS 283.170 Assignmentof day of hearing and informing Assembly; service of copy of articles andnotice to appear and answer.

1. The Senate shall assign a day for hearing theimpeachment, and shall inform the Assembly thereof.

2. Not less than 10 days before the day fixed for thehearing, the President of the Senate shall cause a copy of the articles ofimpeachment, with a notice to appear and answer the same at the time and placeappointed, to be served on the defendant.

[1911 Cr. Prac. 31; RL 6881; NCL 10678]

NRS 283.180 Serviceof copy of articles: Personal service; publication of notice to appear andanswer. The service shall be made upon thedefendant personally. If upon diligent inquiry he cannot be found within theState and upon due proof of that fact, the Senate may order publication to bemade, in such manner as it deems proper, of a notice requiring him to appear ata specified time and place and answer the articles of impeachment.

[1911 Cr. Prac. 32; RL 6882; NCL 10679]

NRS 283.190 Assignmentof other hearing day or proceeding in defendants absence. If the defendant does not appear, upon proof of service orpublication as provided in NRS 283.170and 283.180, the Senate may, of its ownmotion or for cause shown, assign another day for hearing the impeachment; or,in the absence of the defendant, may then, or at any other time which it mayappoint, proceed to trial and judgment.

[1911 Cr. Prac. 33; RL 6883; NCL 10680]

NRS 283.200 Objectionto sufficiency of articles of impeachment; entry and effect of plea of notguilty. When the defendant appears, he mayobject in writing to the sufficiency of the articles of impeachment, or he mayanswer the same by an oral plea of not guilty. The plea of not guilty shall beentered upon the journal, and it puts in issue every material allegation of thearticles of impeachment.

[1911 Cr. Prac. 34; RL 6884; NCL 10681]

NRS 283.210 Orderto answer articles if objection not sustained; judgment on plea of guilty orrefusal to plead; trial on plea of not guilty.

1. If the objection to the sufficiency of the articlesof impeachment is not sustained by a majority of the members of the Senate whoheard the argument, the defendant must be ordered forthwith to answer thearticles of impeachment. If he then pleads guilty, or refuses to plead, theSenate must render judgment of conviction against him.

2. If he pleads not guilty, the Senate shall, at suchtime as it may appoint, proceed to try the impeachment.

[1911 Cr. Prac. 35; RL 6885; NCL 10682]

NRS 283.220 Senateto be sworn: Procedure. At the time and placeappointed, and before the Senate proceeds to act on the impeachment, theSecretary shall administer to the President of the Senate, and the President ofthe Senate to each of the members of the Senate then present, an oath truly andimpartially to hear, try and determine the impeachment. No member of the Senatecan act or vote upon the impeachment, or upon any question arising thereon,without having taken such oath. When such oath has been administered, theSenate shall proceed to try and determine the impeachment, and may adjourn thetrial from time to time.

[1911 Cr. Prac. 36; RL 6886; NCL 10683]

NRS 283.230 Concurrenceof two-thirds of members elected required for conviction. The defendant cannot be convicted on impeachment withoutthe 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 conviction, he shall beacquitted.

[1911 Cr. Prac. 37; RL 6887; NCL 10684]

NRS 283.240 Judgment:Form; resolution of majority as judgment.

1. After conviction and at such time as it mayappoint, the Senate shall pronounce judgment in the form of a resolution whichshall be entered upon the journal of the Senate.

2. On the adoption of the resolution by a majority ofthe members present who voted on the question of acquittal or conviction, itbecomes the judgment of the Senate.

[1911 Cr. Prac. 38; RL 6888; NCL 10685]

NRS 283.250 Judgment:Suspension or removal and disqualification. Thejudgment may be that the defendant be suspended, or that he be removed fromoffice and disqualified to hold any office of honor, trust or profit under theState.

[1911 Cr. Prac. 39; RL 6889; NCL 10686]

NRS 283.260 Effectof judgment of suspension on salary, fees or emoluments. If judgment of suspension is given, during the continuanceof the judgment the defendant is disqualified from receiving the salary, feesor emoluments of the office.

[1911 Cr. Prac. 40; RL 6890; NCL 10687]

NRS 283.270 Suspensionof officer pending impeachment; filling office pending impeachment.

1. Whenever articles of impeachment against any officersubject to impeachment are presented to the Senate, the officer is temporarilysuspended from his office and cannot act in his official capacity until he isacquitted.

2. Upon temporary suspension of any officer other thanthe Governor, his office shall at once be temporarily filled by an appointmentmade by the Governor, with the advice and consent of the Senate, until theacquittal of the party impeached, or, in case of his removal, until the vacancyis filled as provided by law.

[1911 Cr. Prac. 41; RL 6891; NCL 10688]

NRS 283.280 Noticeof impeachment of Lieutenant Governor. If theLieutenant Governor is impeached, notice of the impeachment shall beimmediately given to the Senate by the Assembly in order that another Presidentmay be chosen.

[1911 Cr. Prac. 42; RL 6892; NCL 10689]

NRS 283.290 Indictmentor information not barred by conviction on impeachment. If the offense for which the defendant is convicted onimpeachment is also the subject of an indictment or information, the indictmentor information is not barred thereby.

[1911 Cr. Prac. 43; RL 6893; NCL 10690]

REMOVAL FROM OFFICE BY ACCUSATION

NRS 283.300 Accusationagainst certain public officers for willful or corrupt misconduct in office:Presentment by grand jury. An accusation inwriting against any district, county, township or municipal officer, except ajustice or judge of the court system, for willful or corrupt misconduct inoffice, may be presented by the grand jury of the county for or in which theofficer accused is elected or appointed.

[1911 Cr. Prac. 44; RL 6894; NCL 10691](NRS A1973, 416; 1977, 937)

NRS 283.310 Statementof offense. The accusation shall state theoffense charged in ordinary and concise language, and without repetition.

[1911 Cr. Prac. 45; RL 6895; NCL 10692]

NRS 283.320 Deliveryof accusation to district attorney; service of copy; notice to appear andanswer; filing original accusation.

1. The accusation shall be delivered by the foreman ofthe grand jury to the district attorney, unless he is the officer accused.

2. The district attorney shall cause a copy of theaccusation to be served upon the defendant, and by notice in writing shallrequire the accused to appear before the district court of the county, at atime stated in the notice, and answer the accusation. Appearance shall not berequired in less than 10 days from the service of the notice. After service,the original accusation shall be filed with the clerk of the district court.

[1911 Cr. Prac. 46; RL 6896; NCL 10693]

NRS 283.330 Appearanceand answer; proceeding in defendants absence. Thedefendant shall appear at the time stated in the notice and answer theaccusation, unless for some sufficient cause the court assigns another day forthat purpose. If he does not appear, the court may proceed to hear anddetermine the accusation in his absence.

[1911 Cr. Prac. 47; RL 6897; NCL 10694]

NRS 283.340 Objectionto sufficiency or denial of truth of accusation. Thedefendant may answer the accusation either by objecting to its sufficiency orany article therein, or by denying the truth of the accusation.

[1911 Cr. Prac. 48; RL 6898; NCL 10695]

NRS 283.350 Objectionto legal sufficiency of accusation: Form and sufficiency. If the defendant objects to the legal sufficiency of theaccusation, the objection shall be in writing. The objection need not be in anyspecific form. It is sufficient if it presents intelligibly the grounds of theobjection.

[1911 Cr. Prac. 49; RL 6899; NCL 10696]

NRS 283.360 Denialof truth of accusation. If the defendantdenies 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 Answerwhen objection to sufficiency not sustained. Ifthe objection to the sufficiency of the accusation is not sustained, thedefendant shall answer thereto forthwith.

[1911 Cr. Prac. 51; RL 6901; NCL 10698]

NRS 283.380 Convictionon plea of guilty or refusal to answer; trial on denial of matters charged. If the defendant pleads guilty, or refuses to answer theaccusation, the court shall render judgment of conviction against him. If hedenies the matters charged, the court shall immediately, or at such time as itappoints, try the accusation.

[1911 Cr. Prac. 52; RL 6902; NCL 10699]

NRS 283.390 Trialby jury; conduct of trial. The trial shall beby a jury and conducted in all respects in the same manner as a trial of anindictment.

[1911 Cr. Prac. 53; RL 6903; NCL 10700]

NRS 283.400 Rightto process. The district attorney and thedefendant are each entitled to such process as is necessary to enforce theattendance 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 suchtime as it appoints, pronounce judgment that the defendant be removed fromoffice. To warrant a removal, the judgment shall be entered upon the minutes,and the cause of removal shall be assigned therein.

[1911 Cr. Prac. 55; RL 6905; NCL 10702]

NRS 283.420 Appeal;defendant suspended; office may be filled.

1. An appeal from a judgment of removal may be takento the Supreme Court in the same manner as from a judgment in other criminalactions, but until such judgment is reversed the defendant shall be suspendedfrom his office.

2. Pending the appeal, the office may be filled as incase of vacancy.

[1911 Cr. Prac. 56; RL 6906; NCL 10703]

NRS 283.430 Proceedingsfor removal of district attorney. The same proceedingsmay be had on like grounds for the removal of a district attorney, except thatthe accusation shall be delivered to the district judge of the district. Thedistrict judge shall appoint a person to act as prosecuting officer in thematter, or place the accusation in the hands of the district attorney of anadjoining county and require him to conduct the proceedings.

[1911 Cr. Prac. 57; RL 6907; NCL 10704]

REMOVAL FROM OFFICE OTHER THAN BY IMPEACHMENT OR ACCUSATION

NRS 283.440 Removalof certain public officers for malfeasance or nonfeasance: Procedure; appeal.

1. Any person now holding or who shall hereafter holdany office in this State, except a justice or judge of the court system, whorefuses or neglects to perform any official act in the manner and formprescribed by law, or who is guilty of any malpractice or malfeasance inoffice, may be removed therefrom as hereinafter prescribed in this section.

2. Whenever a complaint in writing, duly verified bythe oath of any complainant, is presented to the district court alleging thatany officer within the jurisdiction of the court:

(a) Has been guilty of charging and collecting anyillegal fees for services rendered or to be rendered in his office;

(b) Has refused or neglected to perform the officialduties pertaining to his office as prescribed by law; or

(c) Has been guilty of any malpractice or malfeasancein office,

the courtshall cite the party charged to appear before it on a certain day, not morethan 10 days or less than 5 days from the day when the complaint was presented.On that day, or some subsequent day not more than 20 days from that on whichthe complaint was presented, the court, in a summary manner, shall proceed tohear the complaint and evidence offered by the party complained of. If, on thehearing, it appears that the charge or charges of the complaint are sustained,the court shall enter a decree that the party complained of shall be deprivedof his office.

3. The clerk of the court in which the proceedings arehad, shall, within 3 days thereafter, transmit to the Governor or the board ofcounty commissioners of the proper county, as the case may be, a copy of anydecree or judgment declaring any officer deprived of any office under thissection. The Governor or the board of county commissioners, as the case may be,shall appoint some person to fill the office until a successor shall be electedor appointed and qualified. The person so appointed shall give such bond assecurity as is prescribed by law and pertaining to the office.

4. If the judgment of the district court is againstthe officer complained of and an appeal is taken from the judgment so rendered,the officer so appealing shall not hold the office during the pendency of theappeal, but the office shall be filled as in case of a vacancy.

[21:200:1909; A 1949, 113; 1943 NCL 4860] +[22:200:1909; A 1949, 113; 1943 NCL 4861] + [23:200:1909; RL 2853; NCL 4862] + [24:200:1909; RL 2854; NCL 4863](NRS A 1973, 417; 1977, 937)

NRS 283.450 Removalof civil officer for excessive use of intoxicants or controlled substances:Procedure; penalties.

1. Any civil officer in this state who, during histerm of office, becomes intoxicated or is under the influence of alcoholic,malt or vinous liquors, or becomes or is addicted to the use of controlledsubstances, so that he is not at all times in proper condition for thedischarge of the duties of his office, is guilty of a gross misdemeanor, and,if he is a state officer, is subject to removal from office by impeachment, orif he is a county, city or township officer he shall be removed from office bythe judgment of the court in which the conviction is had, as a part of thepenalty in such a conviction.

2. Upon receiving information from any person that theprovisions of this section have been violated, sheriffs and their deputies,constables and their deputies, district attorneys, and all other peace officersin this state shall immediately institute proceedings in the proper courtagainst the person complained of, and shall prosecute the same with reasonablediligence to final judgment.

3. If any person makes and files a complaint underoath charging the district attorney with a violation of this section, theAttorney General shall prosecute the district attorney pursuant to the terms ofthis section.

4. If any state officer is convicted pursuant to thissection, the prosecuting officer obtaining the conviction shall file acertified copy of the judgment roll with the Secretary of State. The Secretaryof State shall lay the certified copy of the judgment roll before theLegislature at its next session.

5. The provisions of this section must be speciallycharged to the grand juries of the several counties by district judges.

[1:56:1887; A 1933, 11; 1935, 272; 1931 NCL 4875] +[2:56:1887; A 1935, 272; 1931 NCL 4876] + [3:56:1887; C 2084; RL 2863;NCL 4877](NRS A 1967, 139, 551; 1971, 2027; 1987, 1549)