District Judge Nancy Saitta says she will run for Nevada Supreme Court against Justice Nancy Becker, setting up what is likely to be a hard-fought contest between two popular Democrat sitting judges -- both of them named Nancy.
"I believe it's important to have someone on that court who will follow the Constitution and listen to the voice of the people," Saitta said in confirming that she would run for the seat.
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Saitta said she would lay out her platform when she makes a formal campaign announcement.
Becker said she was prepared for a tough contest. "I believe my past experience both as a District Court judge and a Supreme Court justice, as well as all the things I've done in the community over the years, have given me an excellent reputation," she said.
Becker was first elected to the high court in 1998. She is the only justice up for election this year who joined the controversial opinion invalidating the two-thirds requirement for the Legislature to raise taxes, a decision Saitta said she disagreed with.
"That was a case where I believe the Supreme Court failed to follow the Constitution," Saitta said. "There are a lot of things in that decision that I have concerns with."
But Becker said she didn't expect the Guinn v. Legislature ruling to work against her. "I think the majority of the population is in favor of the move toward education. They see it as one of the primary issues in our state," she said.
In any case, she said, politics was not a factor in her vote on the case.
"Whenever the judiciary makes any ruling, the Constitution is designed ... for judges to make their decision based on the law and the facts, not the parties and special interests," she said.
In the 2003 Guinn v. Legislature opinion, justices ruled 6-1 that a constitutional provision requiring a two-thirds vote of legislators to raise taxes was less important than the Constitution's mandate that education be funded.
The opinion was authored by then-Justice Deborah Agosti, who stepped down rather than run for re-election in 2004, a move thought to be at least partially attributable to the public outcry over the ruling.
Of those who concurred in the opinion, former Justice Miriam Shearing also retired from the bench, and current Chief Justice Bob Rose is not running for re-election this year; Justice Myron Leavitt died in 2004; and Justice Mark Gibbons' six-year term expires in 2009. Justice William Maupin was the lone dissenter in the case.
Dave Thomas, a Las Vegas lawyer and political consultant who is not working on a Supreme Court campaign, said the legal community would have a hard time choosing between Becker and Saitta, both of whom are well respected.
"I know both of them, and they're both good judges," he said. "It's unfortunate to have a highly qualified District Court judge running against a highly qualified Supreme Court justice -- it would be better if we did not have sitting members of the judiciary challenging each other."
Although Becker's support for the tax opinion is sure to be an issue, Saitta is also open to criticism. A new study found that she was the most overturned judge in Nevada, with seven reversals between January 2003 and August 2005.
Saitta's name has also been mentioned in the ongoing political corruption trial, with former strip club mogul Michael Galardi saying she favored club owners in a lawsuit after he gave her a $10,000 campaign contribution. Saitta has denied the accusation.
In District Court, Saitta chairs the Complex Litigation Division, which streamlines the process of resolving cases that tend to be long and unwieldy, such as construction defect cases and medical malpractice lawsuits. The division has been praised for improving court efficiency at a time when, because of population growth, the court is overwhelmed.
The Supreme Court also faces a large caseload. Because Nevada has no intermediate court between the district courts and the Supreme Court, the Supreme Court is required to consider all appeals.
Saitta was previously the state children's advocate and a senior deputy attorney general. She was elected to district court in 1998.
