Justice delayed

The Nevada Judicial Discipline Commission exists to investigate complaints filed against judges. If the board deems there are reasonable grounds for a given complaint, it will launch a full-fledged probe -- otherwise it will dismiss the allegation.

The commission has seven part-time members. They are scheduled to meet once a quarter. So it isn't surprising that the process can drag out for years.

Take the case of former District Judge Jeffrey Sobel. He faced two complaints based on actions that took place in 2002. But it wasn't until three years later -- after voters had tossed Sobel from the bench -- that the commission issued its findings.

Nor was that case an isolated instance.

"I think the Judicial Discipline Commission is losing credibility in this state because of the delay between when a complaint is filed and the final resolution of that complaint," said Chuck Short, Clark County District Court administrator.

He's not alone in his criticism.

"If we know there's a problem with a judge ... it needs to be addressed quickly," said Chief District Judge Kathy Hardcastle.

Defenders of the discipline panel -- including David Sarnowski, the commission's general counsel and executive director -- contend the delays are overstated. At any rate, he says, any delays are attributable to a number of factors, including efforts to ensure the process works fairly for everyone.

Fine. But justice delayed is justice denied -- whether it involves a criminal case, a civil lawsuit or a judicial complaint. Clearly, the panel needs to expedite its handling of these serious matters.

And it would be a major step toward achieving that goal if the commission's actions weren't shrouded in secrecy. Under current law, all complaints must remain confidential until the panel determines that probable cause exists to move forward. Those who violate the secrecy of the proceedings face time in jail.

Thus the Judicial Discipline Commission has no incentive to move quickly immediately after a complaint is filed because it faces no outside pressure -- from the public or the media, for instance -- to do so.

The Nevada ACLU filed an unsuccessful lawsuit in 2002 over the secrecy issue. Officials of the organization say they plan to try again soon.

That's good news. The more public scrutiny, the more likely the commission will feel an urgency to resolve discipline issues in a timely manner.