EDITORIAL: Most judges earn passing marks in judicial survey

The Review-Journal began publishing the outcome of its Judging the Judges survey this week. The results can help Clark County residents make more informed decisions at the polls, while also providing vital feedback to incumbents on the bench.

The good news is that most judges received passing scores.

Forty-two states elect some or all of their judges. Nevada is among 10 states that feature nonpartisan judicial elections and do not use “retention” elections for sitting judges. Reformers have pushed for changes in past years, arguing that judges should be above the political fray, but they have failed to garner the necessary support.

Supporters of the current system emphasize the value of directly electing members of the judiciary as a means of accountability. That’s true. But it can also be difficult for voters — many of whom have little contact with the criminal justice system — to make wise choices, given that most judicial contests are low-profile affairs featuring two or more well-qualified candidates. The survey, which solicits opinions from local attorneys, aims to help fill an unfortunate void.

The survey was conducted for the newspaper by the UNLV Center for Research Evaluation and Assessment. It is the 14th such survey since the Review-Journal’s initial effort in 1992. Nearly 800 attorneys participated, anonymously evaluating incumbent judges at all levels on issues such as legal acumen, integrity, demeanor, fairness and courtroom management.

This year’s survey was largely complimentary to those on the bench. Responding attorneys recommended that 95 percent of incumbents be retained, with an average score of 75.6 out of 100. The state’s two highest courts fared particularly well. Every member of the Nevada Supreme Court received a retention rating above 72 percent, with Justice Linda Stiglich leading the way at 82 percent. All three of the judges on the state’s Court of Appeals were rated above 80 percent, with Judge Deborah Westbrook earning a 91 percent retention rating.

Most judges at the District Court level also earned respectable marks, with a few exceptions. Most glaring was Judge Erika Ballou, who was suspended for six months for ignoring a state Supreme Court ruling. She received a 32.9 percent retention rating, with one attorney calling her “literally the worst judge on the bench.” Another said she has “no business being on the bench.”

Such observations are more than sour grapes. When a judge earns a detention rating of below 60 percent, “that’s signifying that something’s going on there,” said Bradley Marianno, director of the UNLV research center, “that this isn’t just due to chance, that perhaps there’s some real performance downsides.”

And this is information that Clark County voters deserve when they fill out their ballots.