Nevada Anti-corruption Initiative Law

ARTICLE I.

Section 22 of Article 4 of the Constitution is repealed.

ARTICLE II.

Neither sovereign immunity nor governmental immunity shall be a defense to any action or suit against the State of Nevada or any of its officials, officers, agencies, agents or employees or against any county or municipality or against any county or municipal official, officer, agency, agent or employee, unless such immunity has been granted by statute.

ARTICLE III.

No immunity from civil suit shall be extended to any judge, judicial officer, magistrate or employee or agent of any court for obstruction of justice, acts of fraud or bribery, violation of the judicial code of conduct, conflict of interest, violation of any criminal statute, or for any tortious conduct.  No judge, judicial officer or magistrate shall be liable to any person or entity for an interpretation of any constitution, statute or regulation unless such interpretation constitutes, under established law, an obstruction of justice.

ARTICLE IV.

Section 1.  There shall be established a Special Grand Jury to be composed of twenty-five electors above the age of thirty years.

Section 2.  No person shall be a member of the Special Grand Jury who is not a citizen of the United States who has resided in the United States for at least nine years and in the State of Nevada for at least one year before being chosen for service on the Special Grand Jury.  No person who is serving or who has served as a judicial officer, court employee, elected or appointed official, or as a member of the Nevada bar shall be eligible to be chosen as a member of the Special Grand Jury.

Section 3.  The original members of the Special Grand Jury shall be chosen by public lot drawn by the Secretary of the State from the names of all qualified electors on the first Monday of the month following the adoption of this Article.  The first thirteen members chosen shall serve for two years and the second 12 members chosen shall serve for one year.  No member shall be eligible for reappointment to the Special Grand Jury after the completion of his or her service on the Special Grand Jury.  After expiration of the terms of the original members, each succeeding member shall be chosen in the same manner for terms of two years.

Section 4.  Administrative rules shall be established for the Special Grand Jury by the Nevada Judicial Council, and shall conform to the rules for contested cases as set forth in the Nevada Administrative Code.  The rules of the Special Grand Jury shall be published in the Nevada Administrative Code and also in a pamphlet to be published by the state and made available at all state and county courthouses and at all jails and prisons.  Copies of the rules shall be made available at no cost to any person requesting them.

Section 5.  The Special Grand Jury shall have power

(a) to receive and review complaints against judges, magistrates or other judicial officers or any agent or employee of any court;

(b) To cite any party against whom a complaint has been made to appear before it to answer any such complaint, and to adjudicate any such complaint in accordance with its rules and procedures as set forth in the Nevada Administrative Code;

(c) to issue subpoenas for the testimony of witnesses;

(d) to dismiss from office any party found guilty of obstruction of justice, fraud or bribery, violation of the judicial code of conduct, conflict of interest, violation of any criminal statute, or denial of due process to any complainant in any judicial or administrative proceeding, with any such finding of guilt based on a preponderance of the evidence presented;

(e) to retain legal counsel, prosecuting attorneys, advisors, consultants and investigators as needed.

Section 6.  Any dismissal from office ordered by the Special Grand Jury shall be final and not subject to review on appeal and shall be the functional equivalent of a recall.

Section 7.  Any person cited to answer any complaint brought to the Special Grand Jury shall have the right to counsel.

Section 8.  Any complaint brought to the Special Grand Jury shall be brought within two years after the date of the act complained of.