Judicial appraisal set to take place

A commission of legal experts is preparing to launch a statewide program to evaluate the performance of elected judges so that voters will be better informed.

Attorneys and judges who sit on the Article 6 Commission conducted a pilot program using five volunteer judges from three Nevada districts, two family court judges and three general jurisdiction justices. Jurors, court staff, attorneys and peer judges contributed to the evaluations.

The commission discovered that broad-based evaluations were helpful in establishing whether the judges were doing their jobs well.

"I haven't heard much screeching from the judges," said Justice Ron Parraguirre, who represents the Nevada Supreme Court on the commission. "I thought they were always supportive of anything that got a fuller picture out to the public and available for them to use as a resource."

In Clark County, evaluations of sitting judges have only been available from the Las Vegas Review-Journal, which publishes a biennial special section "Judging the Judges." Results are tallied after attorneys fill out a survey. In Washoe County, judges' performances are evaluated by the Washoe County Bar Association.

The commission crafted a five-step plan to implement the evaluation system. It first will design a program and conduct a cost analysis. A Judicial Evaluation Program Commission then will be assembled to oversee the development.

Jurors and litigants exiting trials will be given surveys to complete, and a database will be built to store and analyze the information. The commission will ensure that data exists so everyone involved in the court system can be contacted to provide additional input on evaluations.

The evaluation system will promote accountability without taking away a judge's independence, the report states. About 20 states in the country use judicial evaluations.

The criteria used to evaluate judges will include legal knowledge, integrity, communications skills, judicial temperament, administrative performance and public outreach, according to the report.

Parraguirre said it is important to have not only attorneys, but a variety of individuals fill out surveys to obtain a more complete picture.

"The more information you get the better," he said. "There may be aspects that the lawyers never see."

Legal experts have mulled over the possibility of implementing a judicial evaluation program for years, but recent legislative decisions prompted them to move forward. The Legislature is considering adopting an evaluation system known as the "Missouri Plan."

Under that plan, a panel of legal experts will review applications for judicial vacancies and forward the three most qualified candidates to the governor. After the chosen judge is on the bench for one year, the justice must run in a retention election at which point voters will decide whether he or she has performed well.

Parraguirre said regardless of whether voters, who have the final word, pass the plan in 2010, the commission intends to move forward with the evaluation program.

Contact reporter Adrienne Packer at apacker@reviewjournal.com or 702-384-8710.