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The Court determined three issues: (1) whether a judge must suffer actual prejudice before challenging the investigative actions of the Nevada Commission on Judicial Discipline; (2) whether the investigatory stage of judicial discipline proceedings provide fewer due process protections than the adjudicatory stage; and (3) whether the state’s public policy of favoring confidentiality in initial judicial discipline proceedings outweighs the public policies to keep government open and the public informed, even when a judge seeks to dismiss the proceedings against him.

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