concurring:
I concur in the result only.
This case is a simple lawsuit.
It was tried to a jury and decided by a jury. The jury heard the evidence. The district judge properly charged the jury. At the conclusion of the presentation of the evidence the jury found in favor of appellant Ainsworth and awarded both compensatory and punitive damages. The evidence supports the jury’s verdict.
Respondent, Combined Insurance Company of America, has presented nothing in its petition for rehearing now before us that challenges in any way the integrity of the jury’s verdict. Therefore, I would let the jury’s verdict stand and I would deny respondent’s petition for rehearing. I would also deny Ainsworth’s petition for rehearing. Finally, I reject as wholly meritless Ainsworth’s request for sanctions.
APPENDIX
NRS 1.225 and the Nevada Code of Judicial Conduct provide:
1.225 Grounds and procedure for disqualifying supreme court justices.
1. A justice of the supreme court shall not act as such in an action or proceeding when he entertains actual bias or prejudice for or against one of the parties to the action.
2. A justice of the supreme court shall not act as such in an action or proceeding when implied bias exist in any of the following respects:
(a) When he is a party to or interested in the action or proceeding.
(b) When he is related to either party by consanguinity or affinity within the third degree.
(c) When he has been attorney or counsel for either of the parties in the particular action or proceeding before the court.
(d) When he is related to an attorney or counselor for either of the parties by consanguinity or affinity within the third degree.
3. A justice of the supreme court, upon his own motion, may disqualify himself from acting in any matter upon the ground of actual or implied bias.
4. Any party to an action or proceeding seeking to disqualify a justice of the supreme court for actual or implied bias shall file a charge in writing, specifying the facts upon which such disqualification is sought. Hearing on such charge shall be had before the other justices of the supreme court.
5. Upon the disqualification of a justice of the supreme court pursuant to this section, a district judge shall be designated to sit in his place as provided in section 4 of article 6 of the constitution of the State of Nevada.
*2736. No person shall be punished for contempt for making, filing or presenting a charge for disqualification pursuant to subsection 4.
(Added to NRS by 1957, 521)
PART V. NEVADA CODE OF JUDICIAL CONDUCT
CANON 1
A judge should uphold the integrity and independence of the judiciary.
An independent and honorable judiciary is indispensable to justice in our society. A judge should participate in establishing, maintaining, and enforcing, and should himself observe, high standards of conduct so that the integrity and independence of the judiciary may be preserved. The provisions of this Code should be construed and applied to further that objective without any limitation upon the supreme court in the exercise of its powers of general superintendence, whether constitutional, statutory of inherent, in areas not delineated in the Code.
[Added; effective July 1, 1977.]
CANON 2
A judge should avoid impropriety and the appearance of impropriety in all his activities.
A. A judge should respect and comply with the law and should conduct himself at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.
B. A judge should not allow his family, social, or other relationships to influence his judicial conduct or judgment. He should not lend the prestige of his office to advance the private interests of others; nor should he convey or permit others to convey the impression that they are in a special position to influence him. He should not testify voluntarily as a character witness. ■
[Added; effective July 1, 1977.]
CANON 3
A judge should perform the duties of his office impartially and diligently.
The judicial duties of a judge take precedence over all his other activities. His judicial duties include all the duties of his office prescribed by law. In the performance of these duties, the following standards apply:
*274A. Adjudicative responsibilities.
(1) A judge should be faithful to the law and maintain professional competence. He should be unswayed by partisan interest, public clamor, or fear of criticism.
(2) A judge should maintain order and decorum in proceedings before him.
(3) A judge should be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, and others with whom he deals in his official capacity, and should require similar conduct of lawyers, and of his staff, court officials, and others subject to his direction and control.
(4) A judge should accord to every person who is legally interested in a proceeding, or his lawyer, full right to be heard according to law, and except as authorized by law, neither initiate nor consider ex parte or other communications intended to influence his judicial action concerning a pending or impending proceeding. A judge, however, may obtain the advice of a disinterested expert on the law applicable to a proceeding before him if he gives notice to the parties of the person consulted and the substance of the advice, and affords the parties reasonable opportunity to respond. Notice need not be given where the advice is confined to case citations or other abstract legal references.
(5) A judge should dispose promptly of the business of the court.
(6) A judge should abstain from public comment about a pending or impending proceeding in any court, and should require similar abstention on the part of court personnel subject to his direction and control. This subsection does not prohibit judges from making public statements in the course of their official duties or from explaining for public information the procedures of the court.
(7) Proceedings in court should be conducted with fitting dignity and decorum. As provided by law, a court during any and all court proceedings under the jurisdiction of such court, on its own motion or on the motion of an attorney representing any interested party, or at the request of the witness testifying under subpena, shall prohibit by minute order any person, firm, association or corporation from broadcasting, televising, or taking motion pictures, or arranging for the broadcasting, televising, or taking of motion pictures of, such proceedings. The taking of still photographs in the courtroom, during sessions of the court or recesses between sessions, should be regulated by local rule or practice.
B. Administrative responsibilities.
(1) A judge should diligently discharge his administrative *275responsibilities, maintain professional competence in judicial administration, and facilitate the performance of the administrative responsibilities of other judges and court officials.
(2) A judge should require his staff and court officials subject to his direction and control to observe the standards of fidelity and diligence that apply to him.
(3) A judge should report dishonesty, or other serious unprofessional conduct of a judge or lawyer to the appropriate disciplinary body.
(4) A judge should not make unnecessary appointments. He should exercise his power of appointment only on the basis of merit, avoiding nepotism and favoritism. He should not approve compensation of appointees beyond the fair value of services rendered.
C. Disqualifications.
(1)A judge should disqualify himself in a proceeding in which his impartiality might reasonably be questioned, including but not limited to instances where:
(a) He has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceedings;
(b) He has served as lawyer for any of the parties or has been a material witness in the particular action or proceeding before the court; or a lawyer with whom he previously practiced law was during such association a material witness concerning the matter;
(c) A lawyer with whom he previously practiced law served during such association as a lawyer in the particular action or proceeding before the court;
(d) He knows that he, individually or as a fiduciary, or his spouse or minor child residing in his household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding;
(e) He knows that he or his spouse, or a person within the third degree of relationship to either of them:
(1) Is a party to the proceeding, or an officer, director, or trustee of a party;
(ii) Is acting as a lawyer in the proceeding;
(iii) Has an interest that could be substantially affected by the outcome of the proceeding;
(iv) Is likely to be a material witness in the proceeding.
(2) A judge should inform himself about his personal and fiduciary financial interest, and make a reasonable effort to inform himself about the personal financial interests of his spouse and minor children residing in his household.
(3) For the purpose of this section:
*276(a) The degree of relationship is calculated according to the civil law system;
(b) “Fiduciary” includes such relationships as executor, administrator, trustee, and guardian;
(c) “Financial interest” means ownership of a legal or equitable interest, however small, or a relationship as director, advisor, or other participant in the affairs of a party, except that:
(i) Ownership in a mutual or common investment fund that holds securities is not a “financial interest” in such securities unless the judge participated in the management of the fund;
(ii) An office in an educational, religious, charitable, fraternal, or civic organization is not a “financial interest” in securities held by the organization;
(iii) The proprietary interest of a policyholder in a mutual insurance company, of a depositor in a mutual savings association, or a similar proprietary interest, is a “financial interest” in the organization only if the outcome of the proceeding could substantially affect the value of the interest;
(iv) Ownership of government securities is a “financial interest” in the issuer only if the outcome of the proceeding could substantially affect the value of the securities.
B. Remittal of disqualifications.
(1) A judge disqualified by the terms of Canon 3C(l)(c), Canon 3C(l)(d) or Canon 3C(l)(e) may, instead of withdrawing from the proceeding, disclose on the record the basis of his disqualification. If, based on such disclosure, the parties and lawyers, independently of the judge’s participation, all agree in writing or on the record in open court that the judge’s relationship is immaterial or that his financial interest is insubstantial, the judge is no longer disqualified, and may participate in the proceeding. The agreement shall be incorporated in the record of the proceeding.
(2) Canon 3C(l)(e)(ii) shall not apply to the presentation of ex parte or uncontested matters except in fixing attorney’s fees.
[Added; effective July 1, 1977.]
CANON 4
A judge may engage in activities to improve the law, the legal system, and the administration of justice.
As a judicial officer and person specially learned in the law, a judge is in a unique position to contribute to the improvement of the law, the legal system, and the administration of justice, including revision of substantive and procedural law and improvement of criminal and juvenile justice. To the extent that his time permits, he is encouraged to do so, either independently *277or through a bar association, judicial conference, or other organization dedicated to the improvement of the law.
A judge, subject to the proper performance of his judicial duties, may engage in the following quasi-judicial activities:
A. He may speak, write, lecture, teach, and participate in other activities concerning the law, the legal system, and the administration of justice.
B. He may appear at a public hearing before an executive or legislative body or official on matters concerning the law, the legal system and the administration of justice, and he may otherwise consult with an executive or legislative body or official on such matters.
C. He may serve as a member, officer, or director of an organization or governmental agency devoted to the improvement of the law, the legal system, or the administration of justice. He may assist such an organization in raising funds and may participate in their management and investment, but should not individually solicit funds. He may make recommendations to public and private fund-granting agencies on projects and programs concerning the law, the legal system, and the administration of justice.
[Added; effective July 1, 1977.]
CANON 5
A judge should regulate his extrajudicial activities to minimize the risk of conflict with his judicial duties.
A. Avocational activities.
A judge may write, lecture, teach and speak on nonlegal subjects, and engage in the arts, sports, and other social and recreational activities, if such avocational activities do not detract from the dignity of his office or interfere with the performance of his judicial duties.
B. Civic and charitable activities.
A judge may participate in civic and charitable activities that do not reflect adversely upon his impartiality or interfere with the performance of his judicial duties. A judge may serve as an officer, director, trustee, or nonlegal advisor of a bona fide educational, religious, charitable, fraternal, or civic organization subject to the following limitations:
(1) A judge should not serve if it is likely that the organization will be engaged in proceedings that would ordinarily come before him or will be regularly engaged in adversary proceedings in any court.
(2) A judge should not individually solicit funds for any *278educational, religious, charitable, fraternal, or civic organization, or use or permit the use of the prestige of his office for that purpose, but he may be listed as an officer, director, or trustee of such an organization. A judge may, however, join a general appeal on behalf of an educational, religious, charitable, or fraternal organization, or speak on behalf of such organization.
C. Financial activities.
(1) A judge should refrain from financial and business dealings that tend to reflect adversely on his impartiality, interfere with the proper performance of his judicial duties, or exploit his judicial position.
(2) A judge should not involve himself in frequent transactions with lawyers or persons likely to come before the court on which he serves.
(3) Subject to the requirements of subsection (1), a judge may hold and manage investments, including real estate, and engage in other remunerative activity, but should not participate in, nor permit his name to be used in connection with, any business venture or commercial advertising program, with or without compensation, in such a way as would justify a reason-
able inference that the power or prestige of his office is being utilized to promote a business or commercial product. A judge should not serve as an officer, director, manager, or employee of a business affected with a public interest including, without limitation, a financial institution, insurance company, or public utility.
(4) A judge should manage his investments and other financial interests to minimize the number of cases in which he is disqualified. As soon as he can do so without serious financial detriment, he should divest himself of investments and other financial interests that require frequent disqualifications.
(5) Neither a judge nor a member of his family residing in his household should accept a gift, bequest, favor or loan from anyone except as follows:
(a) A judge may accept a gift incident to a public testimonial to him; books supplied by publishers on a complimentary basis for official use; or an invitation to the judge and his spouse to attend a function or activity devoted to the improvement of the law, the legal system, or the administration of justice;
(b) A judge or a member of his family residing in his household may accept ordinary social hospitality; a gift, bequest, favor, or loan from a relative; a wedding or engagement gift; a loan from a lending institution in its regular course of business on the same terms generally available to persons who are not judges; or a scholarship or fellowship awarded on the same terms applied to other applicants;
*279(c) A judge or a member of his family residing in his household may accept any other gift, bequest, favor, or loan only if the donor is not a party or other person whose interests have come or are likely to come before him, and, if its value exceeds $250, the judge reports it in the same manner as he reports compensation in Canon 6C.
(6) For the purposes of this section “member of his family residing in his household” means any person who resides in a judge’s household and who is a relative of the judge or is treated by the judge as a member of his family.
(7) A judge is not required by this Code to disclose his income, debts, or investments, except as provided in this Canon and Canons 3 and 6.
(8) Information acquired by a judge in his judicial capacity should not be used or disclosed by him in financial dealings or for any other purpose not related to his judicial duties.
D. Fiduciary activities.
A judge should not serve as the executor, administrator, trustee, guardian, or other fiduciary, except for the estate, trust, or person of a member of his family, and then only if such service will not interfere with the proper performance of his judicial duties. “Member of his family” includes a spouse, child, grandchild, parent, grandparent, or other relative or person with whom the judge maintains a close familial relationship. As a family fiduciary the judge is subject subject to the following restrictions:
(1) He should not serve if it is likely that as a fiduciary he will be engaged in proceedings that would ordinarily come before him, or if the estate, trust, or ward becomes involved in adversary proceedings in the court on which he serves or one under its appellate jurisdiction.
(2) While acting as a fiduciary a judge is subject to the same restrictions on financial activities that apply to him in his personal capacity.
E. Arbitration.
A judge should not act as an arbitrator or mediator except in the performance of his judicial duties.
F. Practice of law.
A judge should not practice law except as permitted by law.
G. Extrajudicial appointments.
A judge should not accept appointment to a governmental committee, commission, or other position that is concerned with issues of fact or policy on matters other than the improvement of the law, the legal system, or the administration of justice. A *280judge, however, may represent his country, state or locality on ceremonial occasions or in connection with historical, educational, cultural, and community service activities.
[Added; effective July 1, 1977.]
CANON 6
A judge should regularly file reports of compensation received for quasi-judicial and extrajudicial activities.
A judge may receive compensation and reimbursement of expenses for the quasi-judicial and extrajudicial activities permitted by this Code, if the source of such payments does not give the appearance of influencing the judge in his judicial duties or otherwise give the appearance of impropriety, subject to the following restrictions:
A. Compensation.
Compensation should not exceed a reasonable amount nor should it exceed what a person who is not a judge would receive for the same activity.
B. Expense reimbursement.
Expense reimbursement should be limited to the actual cost of travel, food, and lodging reasonably incurred by the judge and, where appropriate to the occasion, by his spouse. Any payment in excess of such an amount is compensation.
C. Public reports.
A judge should report the date, place and nature of any activity for which he received compensation, and the name of the payor and the amount of compensation so received. Compensation or income of a spouse attributed to. the judge by operation of a community property law is not extrajudicial compensation to the judge. His report should be made annually and should be filed on or before April 30 of each year as a public document in the office of the clerk of the supreme court.
[Added; effective July 1, 1977.]
CANON 7
A judge should refrain from political activity inappropriate to his judicial office.
A. Political conduct in general.
(1) A judge or a candidate for election to judicial office should not:
*281(a) Act as a leader or hold any office in a political organization;
(b) Make speeches for a political organization or candidate or publicly endorse a candidate for nonjudicial office;
(c) Solicit funds for a political organization or candidate;
(2) A judge should not become a candidate in an election for
a nonjudicial office, except as the constitution of Nevada permits.
B. Campaign conduct.
(1) A candidate, including an incumbent judge, for a judicial office:
(a) Should maintain the dignity appropriate to judicial office, and should encourage members of his family to adhere to the same standards of political conduct that apply to him;
(b) Should prohibit public officials or employees subject to his direction or control from doing for him what he is prohibited from doing under this Canon;
(c) Should not make pledges or promises of conduct in office other than the faithful and impartial performance of the duties of the office; indicate his views on pending or impending litigation; or misrepresent his identify, qualifications, present position, or other fact. He may campaign on the basis of his ability, experience, and record; and may answer allegations directed against his record in office.
(2) A candidate, including an incumbent judge, for a judicial office, may solicit funds for his campaign no earlier than 180 days before the primary election and no later than 90 days after the last election in which he participates during the election year. A candidate should not use or permit the use of campaign contributions for purposes unrelated to the campaign.
(3) A candidate, including an incumbent judge, shall comply with the provisions of the Nevada Election Campaign Practices Act, as adopted in 1975 and now appearing as NRS 294A.010 et seq.
[Added; effective July 1, 1977.]