Bill requires judicial candidates have trial experience, seeks end to secrecy of judicial discipline
Nevada Supreme Court Chief Justice Doug Herndon. (Photo: Richard Bednarski/Nevada Current)
A bill before state lawmakers would require that candidates for judge have participated in at least ten trials, a requirement that exists in no other state. Another provision seeks to make allegations against judges in Nevada public, even before any formal charges have been filed.
During a meeting of the Assembly Judiciary Committee on Thursday, Assembly Bill 141 came under fire from lawmakers, the chief justice of the state Supreme Court, and the Nevada Judicial Discipline Commission, which regulates the judiciary.
Nevada Supreme Court Chief Justice Doug Herndon, who served for 15 years on the Clark County District Court bench, said during public comment that he's had attorneys appear before him who have tried more than 10 cases 'and I wouldn't want them to be judges. And I had attorneys that appeared in front of me on a regular basis that never tried cases, but I thought would be wonderful judges because of their experience and their knowledge.'
Herndon said the 'most important metric' for judicial qualification is already in the statute – a requirement the candidate has practiced law for ten years and been a state bar member for two years. The majority of other states have adopted lesser requirements.
Assemblywoman Erica Roth of Reno noted a threshold of 10 trials is 'very hard for a lot of attorneys, especially those who practice in civil law, because you just go to trial a lot less, and you could have less than 10 trials under your belt but still be qualified.'
'It's a form of swagger not to make it to trial,' Committee Chair Brittany Miller suggested, adding a very experienced attorney with years of experience in hundreds of cases 'may have very few trials, and feel that is a badge of their performance or excellence.'
Longtime Las Vegas attorney Phil Aurbach says most attorneys 'are very disappointed in the crop of judges that have no civil experience. Most civil attorneys will tell you that if you're in the District Attorney's office or the public defender's office, there is a high likelihood you would have over 10 trials relatively shortly. If you're a civil attorney, the probability of 10 trials is very unlikely, even after 10 years of practice.'
The measure is backed by Las Vegas businessman Jay Bloom, who has been a defendant in more than a dozen civil lawsuits, according to Clark County District Court records. Last year, Bloom filed a political action committee aimed at judicial accountability.
AB 141, sponsored by Democratic Assemblyman Duy Nguyen of Las Vegas, would also make minutes from the Judicial Discipline Commission's (JDC) deliberations public.
The measure is supported by the Nevada Press Association and the Nevada Open Government Coalition.
'Judges, no matter where in the country or at whatever level, hold positions of significant authority and power like Spiderman,' Nguyen testified. 'With that power comes great responsibility. Responsibility to act with integrity. Responsibility to act with fairness, and being responsible for their actions when a judge faces charges.'
However, the measure seeks to make allegations against judges public in cases before charges have been filed. Currently, all proceedings are confidential until the JDC files a formal complaint, a policy intended to prevent false allegations from becoming public.
Most states keep complaints confidential until charges are filed.
'The decision to file a complaint is a serious step you should not take lightly or file simply to 'get back' at a judicial officer for a decision you disagree with,' says the JDC's website.
Nguyen told lawmakers the measure strikes a balance between protecting the privacy of deliberations and ensuring transparency.
The JDC's general counsel and executive director Paul Deyhle asserted the bill's provisions are contradictory.
'If the Commission's deliberative sessions are to remain private, then how can confidentiality be maintained if any minutes of those very same deliberations are made public?' he asked during public comment.
Nguyen did not respond to the Current's inquiry about the seemingly contradictory language.
Note: This reporter is a board member of the Nevada Press Association.
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