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Oct. 28, 2008
Copyright © Las Vegas Review-Journal

Clark County, courts propose higher civil fees

Hiring more judges would speed up civil cases

By DAVID KIHARA
REVIEW-JOURNAL

Nevada Supreme Court Justice James Hardesty, left, and Clark County Commissioner Rory Reid discuss increasing civil court filing fees Monday at the Regional Justice Center. The fee increase, if approved, would fund more judges.
Photo by Craig L. Moran.

For years, the growing number of civil lawsuits filed in Clark County has overwhelmed the court system. It now can take more than three years for a civil complaint to reach trial, officials said.

On Monday, Clark County and the state courts unveiled a plan to fund as many as nine new civil judges by increasing civil court filing fees. No taxes would be increased. Nineteen District Court judges now hear civil cases, but most of these judges also hear criminal cases.


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    • "There's no question that the justice system needs additional resources," Clark County Commissioner Rory Reid said during a news conference at the Regional Justice Center.

    The plan could increase the cost of filing a civil lawsuit in District Court from the existing $151 to between $250 and $270. The plan, if approved by the Legislature, could bring in $6.9 million to $8 million a year, which would go toward funding judges' staff and other operational expenses.

    "It is, in some respect, a user fee," said Nevada Supreme Court Justice James Hardesty of increasing the fees. "It is intended to place the financial burden on those who use the system."

    Hardesty said Clark County is different from other communities in the West, in part because a huge number of construction defect lawsuits have been filed recently. Added to this are the dozens of medical malpractice lawsuits associated with a hepatitis C outbreak linked to the Endoscopy Center of Southern Nevada.

    He said the recent economic downturn also has added more civil cases as lawsuits for debt collection and foreclosures increased.

    In fiscal year 2008, there were more than 27,000 civil cases filed in Clark County; in 2007, there were about 24,000.

    This means that judges end up handling more cases, slowing the courts' ability to move cases through the system in a timely way. The American Bar Association proposes that civil cases be resolved within two years. In Clark County, it takes three years and six months on average to bring a case to trial.

    "Justice delayed is justice denied," Hardesty said.

    In making its decision to pursue higher filing fees, Hardesty said officials compared Nevada with other states in the West. Officials found that it was cheaper to file a civil complaint in Nevada than in California, Arizona, Colorado, Washington, Oregon and Utah.

    It costs $151 to file a complaint in a civil case in Nevada. In California, the most expensive, it cost $320.

    The filing fees haven't been addressed in Nevada since 1993, said Family Court Judge Art Ritchie, the incoming chief judge of the District Court.

    Under the plan, the fees would go into effect July 1, 2009. The courts hope to have the new judges on the bench by January 2011.

    Judges' salaries of $160,000 are paid by the state, but the county pays for court staff, equipment and facilities. Hardesty said the other costs for a new civil judge run about $760,000 annually.

    The plan won't require building a new courthouse. Ritchie said additional space could be found at the Regional Justice Center.

    Contact reporter David Kihara at dkihara@reviewjournal.com or 702-380-1039.

    CIVIL FEE COMPARISONS
    Civil complaints
    State Fee
    California $320
    Arizona 286
    Nevada (proposed) 270
    Colorado 224
    Washington 200
    Oregon 189
    Utah 155*
    Nevada (existing) 151
    Civil answers
    (responses to complaints)
    State Fee
    California $320
    Nevada (proposed) 223
    Arizona 208
    Washington 200
    Oregon 188
    Colorado 158
    Utah 105**
    Nevada (existing) 104

    *Civil complaint ranges from $50 to $155. Maximum is for amounts in controversy over $10,000.

    **Civil answer ranges from $45 to $105. Maximum is for amounts in controversy over $10,000.

    SOURCE: District Court
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    MGH wrote on October 29, 2008 05:08 PM: RORY REID IS ON METH..LOOK AT THIS GUY WHAT A MUPPET.


    MGH wrote on October 29, 2008 05:06 PM: DONT WORRY PEOPLE THEY WILL LIVE THE REST OF THEIR LIVES LOOKING OVER THERE SHOULDERS. PEOPLE LIKE HARDESTY HAVE SOMETHING TO FEAR ANDTHATS THE PEOPLE THEY HAVE f....D. I AM ONE OF THEM, AND I ASSURE YOU I WILL FIND MY DEAR FRIENDS, THEN WILL MAKE SURE JUSTICE IS SERVED.


    MGH wrote on October 29, 2008 05:00 PM: MR. HARDESTY

    DO YOU REALLY THINK THE STATE OF NEVADA REALLY KNOW WHAT THE WORD JUSTICE MEANS. YOU ARE A MORON.


    endrun wrote on October 29, 2008 09:44 AM: "Justice delayed is justice denied," Hardesty said.

    .....unless of course its obstruction of justice known to be orchestrated by the system itself.


    hypocrites wrote on October 28, 2008 08:23 PM: Didn't Rorry Reids law firm represent Deepak Desai????????????????


    Retire Hardesty wrote on October 28, 2008 08:21 PM: We need a new direction for Nevada. That new direction does not include Hardesty. Time to retire Hardesty.

    Is is disgusting to see Rory Reid lobby for the courts that his firm stands in front of.


    and justice for all wrote on October 28, 2008 08:18 PM: I am appalled but, not surprised that Reid is presenting this. I would say, this is most compromising.

    I hope the voters wake up and see it is time to remove all Reid's and their cohort from all public office.


    Is anybody immuned? wrote on October 28, 2008 10:40 AM: I was a little sensitive to, and then, offended just to see Rory Reid presenting this argument for the increase, Hardesty referring to the Endoscopy mess, and knowing Harry Reid is personally/professionally up to his eyeballs with Desai.

    Desai's daughter was an intern in Harry Reid's office when the endoscopy mess broke. I'm sure Desai is/was a hugh financial supporter of Reid. Desai has personal/business investments with people who have prominent roles in the outcome of the cases.

    This endoscopy litigation is going to impact the courts and many democrat politicians in very unattractive terms.


    Kat wrote on October 28, 2008 10:00 AM: They will do anything to make a buck off the backs of the people abused by the system. You just don't see this much legal corruption anywhere else in the country.. Only in Nevada.


    Why is Reid pitching this? wrote on October 28, 2008 08:04 AM: Where is that old hag Hardcastle?


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