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OPINION
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Apr. 09, 2006
Copyright © Las Vegas Review-Journal


EDITORIAL: The system is 'very badly broken'

Is reform of state's judicial discipline system on the way?

With each new slimy revelation in the ongoing political corruption trial, trust in our local public institutions and those who run them plummets further into the abyss.

The belief that our elected officials manipulate their cushy sinecures to enrich and protect themselves at the expense of the public interest has no doubt gained plenty of converts over the past few weeks.

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Nor is it only about taking outright bribes, as has been alleged in the trial of former County Commissioners Dario Herrera and Mary Kincaid-Chauncey. Toothless ethics panels, pols tossed out by voters subsequently being juiced onto the public payroll, back-room deals for the privileged, open meeting violations and on and on -- they all contribute to the public's justifiable skepticism about local government and those who wield the levers of power.

Which brings us to Nevada's system of judicial discipline.

The Associated Press reports that some groups -- including the ACLU -- have raised concerns about the length of time it takes to resolve complaints against judges. "One judge remains accused of sexually harassing a woman -- two years ago," The AP notes. "Another has failed to complete community service for traffic violations and other misconduct dating to 1998 and a third was censured for campaign violations three years after they occurred."

The delays are "just another way in which the entire system of judicial discipline is very badly broken in this state," said Gary Peck, executive director of the ACLU of Nevada.

While most judges accused of misconduct would probably like the matter cleared up as soon as possible, the lingering cases nourish the perception that the state Judicial Discipline Commission is more inclined to coddle and protect a judge than issue severe sanctions when warranted. And that outlook is exacerbated by the fact that the discipline process is conducted behind closed doors. Only if the commission eventually charges a judge does the issue become public.

A number of proposals to reform the judicial discipline process will likely be introduced when lawmakers reconvene next year. Carson City Justice of the Peace Robey Willis, co-chairman of the Nevada Judges Association, said his group will urge lawmakers to revive a 2005 bill that limited judicial investigations to six months.

"A lot of our members are pretty adamant about having a time line on the investigations," said Judge Willis, who also serves on the state discipline panel. "To us, that's pretty important."

But it's also important to ensure that a hard and fast deadline not become an excuse for investigators to run out the clock to protect an accused judge. And one way to accomplish that -- while improving public confidence in the system -- is to insist that any judicial discipline reform efforts emphasize increased openness.

Because any process that does otherwise will only further feed rampant public disdain for our state and local political mechanisms.

And at this point -- given recent developments in Clark County -- that would amount to piling on.


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