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Supreme Court commission approves plan to change how judges are chosen

CARSON CITY -- Members of a panel studying Nevada's court system voted overwhelmingly Wednesday to endorse a plan that could change the way judges in the state are chosen.

The Nevada Supreme Court's Article 6 Commission voted 18-2 to support Senate Joint Resolution 2, a proposed constitutional amendment. If approved by voters, the amendment would end Nevada's 143-year tradition of allowing voters to pick judges in contested elections.


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  • The Legislature passed the proposal in 2007 but must approve it a second time in 2009 before it could go to the voters for their decision in the 2010 general election.

    Senate Majority Leader Bill Raggio, R-Reno, a member of the Article 6 Commission, is sponsoring the change. It would require the initial appointment of judges with voters then being asked whether they should be kept or not.

    "This is not a perfect solution," Raggio said. "But it is certainly a giant step forward towards establishing more confidence in the perception of the judicial process. This isn't going to take away the right of the public to vote."

    But MGM Mirage Senior Vice President Paula Gentile, co-chairwoman of the commission, opposed the proposal, saying what is needed is more focus on judicial performance and evaluation.

    "I just don't think changing the method of selecting judges, appointing rather than election, necessarily adds anything to the equation," she said.

    Under SJR2, a Commission on Judicial Performance would be appointed to prepare information for voters about the performance of judges seeking to keep their jobs.

    But Supreme Court Chief Justice Mark Gibbons, who sat in on the meeting but is not a member of the commission, said the court is moving forward independently with its own comprehensive evaluation of the judiciary.

    Justice Bill Maupin said the evaluation process being looked at, which would seek responses from not only attorneys but others, including witnesses and jurors, would serve two purposes. Voters would have more information, and the jurists themselves could use the information for professional improvement, he said.

    The Supreme Court will decide whether the evaluation process is put into use in the state, which could go forward regardless of whether voters approve SJR2.

    Also speaking in favor of SJR2 was Judge Stephen George, who serves on the Henderson Justice Court. George said the appointment process will give voters more say than the current system.

    Most judges run unopposed, and getting just one vote on election day returns the judge to the bench, he said. Under the retention process, a judge would have to get 55 percent of the vote to remain in office, George said.

    "What this does is give more power to the people," he said.

    Under Raggio's proposal, each judge would be appointed by the governor from a list of three final candidates reviewed by the Commission on Judicial Selection. If dissatisfied with the first three candidates, the governor could request a second list of three candidates.

    After serving their first terms, judges would face "yes" or "no" retention elections.

    Previous efforts to change the method of selecting judges have been rejected by voters.

    Also, the Article 6 Commission voted unanimously to support another constitutional amendment in the Legislature, one which would create an intermediate court of appeals. The proposal, Senate Joint Resolution 9, must be approved again by the 2009 Legislature before it could appear on the ballot in 2010.

    Supreme Court Justice James Hardesty supported the measure, saying it would allow the Supreme Court to focus on more important cases while as many as 1,000 routine appeals yearly could be addressed more efficiently by the three-judge intermediate court.

    The cost would be about $1.2 million a year for the judges and their staff, with no new space requirements necessary, he said.

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    Report abuse

    politk wrote on March 28, 2008 09:46 AM: 'If approved by voters, the amendment would end Nevada's 143-year tradition of allowing voters to pick judges in contested elections.'

    "No worries...we'll simply over turn the voters majority if the voters vote against it like we did in Guinn v Nevada Legislature."

    "We have to keep our influences and cover ups at all costs."


    Report abuse

    Who do they think they are? wrote on March 27, 2008 09:35 PM: Gee, at least with the elections we think we have a say. Now the good ole boys will have total control. Hope the LA Times is ready for a sequel.

    Of course with the current system we generally have two choices, stupid or corrupt. 90% of the time they are corrupt. But there are two that come to mind that are just stupid.


    Report abuse

    Alice Bath wrote on March 27, 2008 08:26 PM: So. After 143 years of Nevadans choosing their own judges you are now suggesting that the Good Ole Boys do us the favor of appointing our Judges?

    The Wall Street Journal wrote an informative article re the Missouri Plan (the governor picks the judge) vs. the people choosing which judge they want.

    Americans choose to speak for themselves.


    Report abuse

    moblyw wrote on March 27, 2008 07:42 PM: Our Judicial System is something else isn't it?

    Lawyers helping lawyers. Lawyers assisting Lawyers. Its all about lawyers doing whats best for lawyers isn't it?


    Report abuse

    Earl Gardner wrote on March 27, 2008 05:52 PM: Having gone through the judicial selection process, I can assure you it has NOTHING to do with merit. The process should be televised so the people can see how the sausage is made. Those with both civil and criminal jury trial experience are consistently passed over in favor of the Nancy Allf's and Kathleen Paustian's of the legal community. I am confident that neither has ever done a trial, but both have law practices that are evidently so feeble that they have enormous amounts of time to devote to State Bar cocktail parties and committee meetings that are void of any substantive ideas.

    The good ole boy/gal system is further fortified by the selection process. As bad as the Judges in this jurisdiction are, the key to removing them is to expose their silly rulings. For God's sake, why don't some of our most qualified attorneys, like those practicing at Lionel Sawyer, or Jones Vargas, or Kummer Kaempfer run for judge. Please, some of the senior partners should, in the spirit of public service, run for office.

    God save us from the likes of Smiley Miley, and Tony Liker (type in "Judge Tony" on YouTube and bemoan the state of affairs of our judiciary). Come to think of it, for starters we should probably just oust all sitting judges. Except for Judge Cadish, in whom we finally, yes finally, have a judge with brains, who actually worked at a prestigious law firm, and does not go to glamour shots (Miley, Walsh, Susan Johnson) to have her photo taken, or, in the case of Judge Walsh, use a photo that looks nothing like her, probably because it was taken about a decade ago.


    Report abuse

    Mr. Justice wrote on March 27, 2008 05:40 PM: Judge Stephen George, son of retired federal judge Lloyd George, in the best double-speak traditions of Animal Farm, tries to convince us that black is white and white is black, when he states taking the vote away from citizens actually gives them more of a say in selecting judges. Of course, coming from the judicial aristocracy (along with Duke Bonaventure, Duchess Leavitt, Baron Von Bert Brown, Baroness Linda Bell, and more blue bloods to come) it is no suprise Judge George favors selection over voting. God forbid that someday he gets an opponent.


    Report abuse

    Free Nevada wrote on March 27, 2008 05:27 PM: "Under Raggio's proposal, each judge would be appointed by the governor from a list of three final candidates reviewed by the Commission on Judicial Selection."

    "But Supreme Court Chief Justice Mark GIBBONS, who sat in on the meeting but is not a member of the commission, said..."

    Guess we know what Governor GIBBONS thinks!


    Report abuse

    breaking news wrote on March 27, 2008 04:32 PM: http://www.cnn.com/2008/POLITICS/03/27/puerto.rico.governor/index.html

    'Puerto Rican governor charged in campaign finance probe'

    "Our democratic system cannot function when public officials act as though they are above the law," said Luis Fraticelli, special agent in charge of the FBI's San Juan Field Office. "Public officials must comply with the law, and those who do not comply will be held accountable."

    NEVADA OFFICIALS HOLD ON TO YOUR BUTTS


    Report abuse

    hymph wrote on March 27, 2008 04:08 PM: Soap and water/w bleach to kill germs) will do the trick


    Report abuse

    juicy quotes wrote on March 27, 2008 09:45 AM: http://www.lvrj.com/opinion/17009766.html

    'Senate Majority Leader Bill Raggio, who last week asked the Ethics Commission whether it would violate the law for him to sign a letter asking lobbyists to donate thousands of dollars to help cover the costs of a national meeting of legislative secretaries.'
    'Ethics Commission Chairman Mark Hutchison stroked his chin, and then ruled that it would be within the law for Sen. Raggio to sign such letters seeking donations of up to $2,000, since Sen. Raggio would receive no personal benefit, but that requesting larger donations -- up to $5,000, say -- would be wrong.'
    'If it "creates an appearance of impropriety" to twist an arm for $5,000, who on earth decided there's no "appearance of impropriety" at $2,000?'


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