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EDITORIAL: Judicial survey can be important education tool

Nevada voters have responsibilities that their counterparts in other states don’t enjoy. The Silver State is one of 14 states that holds nonpartisan balloting to select judges, from justices of the peace to the state Supreme Court. Most other states have either partisan elections, an appointment process, retention votes for sitting judges or some hybrid system.

Whether one particular approach achieves better outcomes is a matter of great debate. Opponents of judicial elections argue that we shouldn’t inject politics into the judiciary and that forcing judges to face the electorate threatens their impartiality, particularly given the fundraising realities of a campaign. Proponents believe judicial elections improve and encourage accountability and make those on the bench more aware of community concerns while providing a voter check on the judicial branch.

Regardless, Nevada voters have on at least three occasions in recent decades — the last in 2010 — rejected plans to replace the current system with an appointment process. We still elect judges.

It is true, however, that Nevada’s system puts an onus on voters to inform themselves about those serving or seeking to serve on the bench. Judicial races are generally low-profile and feature little interaction between candidates. The campaigns rarely spend on high-profile TV advertising, and some incumbents and hopefuls decline to say much of substance for fear of violating judicial canons. In addition, those running are typically well-qualified, sporting a law degree and years of experience.

Even given easy access to campaign and news websites, many voters feel lost when trying to select their preferred judicial candidate.

To that end, the Review-Journal is in process of conducting its “Judging the Judges” survey, in which Southern Nevada attorneys are asked to rate judges in a variety of areas, including their efficiency, their accuracy in applying the law and their impartiality. This will be the 14th survey since it was initiated in 1992, and the first since 2019.

The project — which will cover 101 jurists serving in Clark County and on the Nevada Court of Appeals and state Supreme Court — is a joint effort with UNLV’s Center for Research, Evaluation and Assessment. Participating lawyers are guaranteed anonymity, and they are asked to assess only those judges before whom they have appeared. Results will be available this fall.

This is a worthwhile, if imperfect, endeavor that serves as an important voter education tool while also offering candid assessments to the judges themselves as they seek to hone their performances on the bench. The survey will close on Aug. 15. We would encourage all local attorneys to participate.

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