Kathy Hardcastle Chief district judge wants judges to have control over the court clerk's office Shirley Parraguirre Clark County Clerk says problems began when Hardcastle became chief district judge

Chief District Judge Kathy Hardcastle is moving ahead with a plan that could remove control of the court clerk's office from Clark County Clerk Shirley Parraguirre as early as January.

On Friday, a document was filed with the Nevada Supreme Court indicating that 27 of the 33 district judges support the plan, which would give the judges authority over the court clerk's office.

"We're just waiting for the final order from the Supreme Court," Hardcastle said Friday.

Hardcastle, who announced the plan in April, equated the current system to "having your office manager work for a different company." She described the proposed change as "basically a business decision."

Parraguirre, who was re-elected last month to a third term, said she believes Hardcastle has other motives.

"I think it's personal," the county clerk said. "I think she likes 'yes people' around her."

Parraguirre, who took office in 1999, said she has refused more than once to allow a judge to alter the court minutes in a case.

Hardcastle's proposal will remove such checks and balances, she said.

"It gives them the ability to compromise the integrity of the records if they want to," Parraguirre said.

She said she has had a good working relationship with previous chief judges.

"We have always been able to work together," Parraguirre said. "This has only been a problem since Judge Hardcastle became chief judge."

The authority for Hardcastle's plan lies in a 2001 Nevada Supreme Court decision in a case brought by Amy Harvey, the Washoe County clerk.

Harvey asserted that the Nevada Constitution designates the county clerk as the sole person responsible for performing the duties associated with the court clerk.

She urged the high court to oust the District Court from the court clerk position, which it had assumed control of in 1974.

The Supreme Court denied her request but noted, "Separating all or a part of the court clerk's office from the office of the county clerk is an enormous undertaking with serious consequences. It should not be taken unless a court deems it essential to the operation of the court."

Parraguirre claims Hardcastle and her fellow judges in Clark County District Court have failed to do that.

"I think the court should have to sit down and explain how they're going to improve the services," she said.

However, Parraguirre said she agrees with the dissenting opinion written by Supreme Court Justice Myron Leavitt, who since has died. According to the dissent, only the Nevada Legislature can change the duties of the office of county clerk.

"In response to the constitutional mandate, the Legislature has specifically named the county clerk as the clerk of the district court," Leavitt wrote.

District Judge Michelle Leavitt, the late justice's daughter, is among those who have given their support to Hardcastle's plan. She could not be reached for comment Friday.

Parraguirre said she believes the judges signed their names without understanding the issue, which has not been discussed at a public meeting or hearing since Hardcastle made her proposal in April.

"Anyone who votes needs to hear all sides of it," she said.

Parraguirre also claimed the judges were intimidated by Hardcastle, who has the authority to change the types of cases they handle in their courtrooms.

The judges who rejected Hardcastle's plan are Sally Loehrer, Stewart Bell, Lee Gates and Mark Denton. Nancy Saitta and Joseph Bonaventure abstained.

Loehrer said she agrees with the late Justice Leavitt's dissent.

She also has other reasons for rejecting Hardcastle's proposal.

Loehrer recalled approaching then-Chief District Judge Gene Porter nine years ago after longtime Clark County Clerk Loretta Bowman announced that she did not plan to run for re-election.

Loehrer asked Porter about the possibility of making what she called a "land grab" for control of the court clerk's duties. She said Porter, a former state legislator, disagreed with the idea, telling her, "Philosophically, it is not good for he who makes the record to keep the record."

"I've been opposed to it ever since then," Loehrer said.

Porter, who is now in private practice, could not be reached for comment Friday.

Loehrer said she also has a practical reason for opposing the proposal. The court is in the process of implementing an $11 million case-management software program.

"District Court can only take on so many major tasks at once, and integrating with the clerk's office is a major task," Loehrer said.

She said District Court also is continuing to work on integrating with the Justice Court clerk's office, a project it began two years ago.

"Service in the Justice Court clerk's office is just appalling," Loehrer said.

Parraguirre, who worked as Loehrer's judicial secretary for seven years before being elected county clerk, said the district judges held a meeting a few years ago to discuss the idea of taking over the court clerk's office, and the proposal failed to gain support when a secret ballot was taken.

This time, Loehrer said, "It was never discussed."

Parraguirre said she was offered the chance to run the court clerk's office under the new system but declined, even though she believed the offer would have given her a significant salary increase.

"That's how strongly I feel about it," Parraguirre said.

If the Supreme Court approves Hardcastle's proposal, Parraguirre would continue to draw her $91,000 annual salary for the next four years with only a fraction of the responsibility.

She would keep 65 of the 270 deputy clerks she now oversees, and she would continue to oversee noncourt functions such as the issuance of marriage licenses and the processing of passports.

Parraguirre said a number of key people have chosen to accept employment elsewhere since Hardcastle announced her plan in April. Of the 10 senior managers with oversight of District Court, Justice Court and the clerk's office, only three will remain in January, she said.

On Friday, Hardcastle said she has someone in mind to take over the duties of court clerk, but she declined to identify the person.

"Right now, I think it would be premature for us to name someone," she said.

Hardcastle said one reason judges want to control the court clerk's office is to ensure that the person who runs the office meets minimum qualifications.

She denied having personal motivations for proposing the change.

"This would have happened regardless of who the court clerk was or who the county clerk was," she said.