Two Supreme Court justices and nine Southern Nevada judges answer to the voters in 2006. In Nevada, unlike many states, judges run for office, and the 10-day filing period for the offices opens Monday.
Three Supreme Court seats, occupied by Justices Nancy Becker, Michael Douglas and Robert Rose, are up for election, but Rose, who is currently chief justice, has announced his intention to retire when his term is up at the end of this year.
Advertisement
No candidacy is official until the candidate actually has filed, but two Clark County District Court judges -- Nancy Saitta of the Civil/Criminal Division and Cynthia Dianne Steel of the Family Division -- have indicated they will challenge Becker and Douglas, respectively.
A race between Becker and Saitta would pit candidates who received strikingly similar scores this spring when Clark County lawyers were asked to rate their job performances. Each had a retention recommendation of 70 percent, and about half the lawyers rated each "more than adequate" on job-related characteristics. Becker's scores were a little better on key traits such as case preparation, weighing evidence and argument fairly, and appropriate application of law and rules, but more lawyers see Saitta as courteous.
Douglas received much higher ratings from lawyers than his probable opponent did -- an 81 percent recommendation for retention, versus Steel's 53 percent rating for retention on the family court. Douglas was considered more than adequate in 59 percent of all responses and Steel more than adequate in 29 percent.
Douglas' weakest score was in properly applying law, rules of evidence, and procedure, where 19 percent marked him less than adequate. Some articulated that position in written comments. Douglas, who was appointed to the court in 2004 to fill an unexpired term upon the death of Justice Myron Leavitt, said that the comments "tend to be about my performance when I was still a district judge. ... But I am pleased to see that the majority seem to like me and think I have the opportunity to get better."
Steel had a 42 percent less than adequate on the same question, and 43 percent less than adequate on clearly explaining her decisions.
One lawyer commented, "This judge is caring and means well, but she needs to listen to the attorneys more ... as she often misapplies the law. ... She has the ability to be a good judge, but her personality quirks/personal feelings are getting in the way."
Steel said she could explain neither scores nor comments without knowing who made them. A former legislator who was elected a judge in 1997, she has made one unsuccessful run for the Supreme Court. "I'm running for the same reasons as last time," she said. "Out of seven justices on the court, there ought to be one with a family court background, to understand the dynamics of that bench and the administrative needs of that court."
District Judge Michael Cherry announced in December he will run for the Supreme Court seat being vacated by Justice Robert Rose. In his current seat, lawyers gave him high marks on all substantive issues, but in written comments, some mutter that he is moody. "I was an aggressive lawyer, and I'm an aggressive judge," responded Cherry. "We deal with a lot of people who get out of line, and we have to control our courts."
Cherry, 61, asserts he brings a particularly rich experience to the campaign, serving currently on both civil and criminal cases and also on the court's three-judge panel for construction defect cases. "I had experience in the complex MGM fire and PEPCON explosion cases, and would be one of the few on the court with extensive experience in family law, in 20 years of private practice." He doesn't face election in his current seat until 2008, and so can run for the high court without giving it up. Lawyers gave him an 83 percent recommendation for retention in that seat.
Only two Clark County District Court judges are up for re-election -- Timothy Williams, appointed recently to fill the unexpired term of Judge John McGroarty, who retired, and Douglas Herndon, who was appointed early last year after Judge Ron Parraguirre was elected to the Nevada Supreme Court. By law the two remaining years of those terms must be filled by election, but the interim occupants do not yet have conspicuous opposition, perhaps because aspiring candidates are more attracted to three new seats where they might run unopposed. Williams took the seat too recently to be included in the Judicial Performance Evaluation.
Herndon was given good scores; two of his higher ones, 72 percent more than adequate and 66 percent more than adequate, were for work ethic, and for case preparation and weighing all arguments before rendering a decision. "I'm pleased everybody noticed how hard I worked to be prepared. I guess there are some things people think I need to work on, and I'll do what I can," Herndon said.
Justice of the Peace James Bixler is a candidate for one of three newly created seats on the District Court. Bixler had one of the highest retention rates on the survey, 94 percent, and on job-related traits 74 percent of all responses called him more than adequate. One comment summed up most of the others: "One of the 'good ol' boys' but a good judge none the less."
Seven other JPs who were rated also are expected to run for re-election to the seats they now occupy: William Jansen, Deborah Lippis, Douglas Smith and Ann Zimmerman in the Las Vegas Justice Court, Stephen Dahl and Natalie Tyrrell in North Las Vegas, and Rodney Burr in Henderson.
Only Tyrrell is known to have opposition so far. Tyrrell, who won a three-way race for an open seat in 2000, was given a 67 percent recommendation for retention, and 40 percent of all responses to her questions were more than adequate. She remarked, "My scores went up a little bit, which is always gratifying. I noticed that my lowest score totals 65 percent more than adequate and adequate, and if 65 percent of the voting public think that, I'll be re-elected." That score was for proper application of law and rules of procedure and evidence, on which 35 percent of the lawyers called her less than adequate. But some complimented her courtesy, ethics and energy.
Her opponent is Christopher Lee, a deputy district attorney. He said, "As a prosecutor I have been able to help individuals, but as a judge I will be able to help a larger community, North Las Vegas. The majority of the work is dealing with criminal cases, and it takes someone who has been in the trenches ... to come to a fair decision."
Tyrrell's fellow JP in North Las Vegas, Dahl, had an 89 percent retention rating and some of the highest scores on the survey for individual traits -- 74 percent more than adequate. "He should be on the District Court bench, now, with an eye towards the Nevada Supreme Court, wrote one." But Dahl said, "I like working out here in the smaller city atmosphere." He cites the "Life of Crime" program he runs jointly with Municipal Judge Warren VanLandschoot in which youthful offenders are pulled in to meet policemen, convicts and other sadder-but-wiser folks who explain where the youngsters may be headed. "That would have been harder to bring off in a bigger jurisdiction."
In Las Vegas, Douglas Smith had a 72 percent recommendation for retention, yet about a fourth of the lawyers called him less than adequate on courtesy, and questions about case preparation and properly applying the law. Some written comments were complimentary, but others accused him of bad temper and bias. He responded, "I kicked a DA out of my courtroom for his behavior and knew I was going to be blasted for that by him and his friends. If you want to run against me, put your name on the line, but don't act like that in court."
Zimmerman said, "I like this job but I don't like running for re-election." This year will mark the second time she has had to do it. Lawyers gave her a 77 percent recommendation for retention, and high marks for courtesy and freedom from bias. Some written comments accused her of unduly favoring the prosecution. She said, "I kept the promises I made to be available 24 hours when somebody needed a search warrant; the police know who will answer the phone.
"And I'd like to point out that you've never printed my name in connection with the Galardi trial. I had the opportunity six years ago to have a campaign contribution from that quarter, and I declined."
Lippis opened her campaign with a kickoff party March 22, hosted by Mayor Oscar Goodman. "I love this job and am excited about the changes coming down the pike in Justice Court, the way we're adapting technology so that people will be able to get on the phone and take care of business," she said. Lawyers gave her an 87 percent recommendation for retention, and at least 59 percent called her more than adequate on every trait of a good judge. She won an unexpired term in 1992, and ran again in 1994 and 2000, always unopposed.
Longtime Las Vegas Justice William Jansen will run, his office staff said, but the R-J was unable to reach him for an interview by deadline. Many of the written comments suggested the 70-year-old former FBI agent should retire, yet the bar gave him an 82 percent recommendation for re-election if he decides to serve again.
Rodney Burr of the Henderson Court is up for re-election, but did not return a phone call to inquire about his possible candidacy. He has a 90 percent recommendation for retention and high scores for all characteristics evaluated.
SPONSORED LINKS
JUDGING THE JUDGES A biennial survey of local attorneys rating Clark County judges & justices