Justices order county judge to hold competency hearings

CARSON CITY-- The Nevada Supreme Court ruled Thursday that Clark County District Judge Jackie Glass acted contrary to state laws last year by blocking public defenders from challenging her decisions on whether their clients were mentally competent to stand trial.

In two decisions, the justices ordered Glass to vacate her prior decisions and conduct new competency hearings.

At the time, Glass was operating the Clark County District Court's twice-a-week competency court.

In one of the decisions, Justice Michael Douglas said the "plain and unambiguous language" of the state law "in no way limits the prosecuting attorney's or defense counsel's ability to introduce evidence during the competency hearing."

In the other, Douglas noted that Glass denied defense lawyers copies of competency examinations that she had requested for their clients.

In the unanimous decision, Douglas said both defense and prosecuting lawyers should have been given that information and that both are entitled to be heard at competency hearings.

Public defender Howard Brooks hailed the decisions, saying "you cannot make a competency decision without hearing from the defense."

Brooks said public defenders talk with their clients and "to totally exclude us from competency decisions is wrong."

At the oral argument hearing before the Supreme Court in September, Brooks and public defender Christy Craig said Glass refused to let them submit "psych evaluations" from doctors that refuted the doctors the judge appointed to decide whether their clients were competent to stand for trial.

By holding the competency court, Glass said last year that she had dramatically reduced the waiting time for trials.

Contact reporter Ed Vogel at evogel@reviewjournal.com or 775-687-3901.