Editorial: Making the courts run better

Wednesday, June 16, 1999 | 10:18 a.m.

There have been significant developments in the past week regarding the administration of our local courts -- some positive, some negative. The overwhelming number of District Court judges are hard working, but there always is room for improvement in the way government is run, including in the judicial branch.

Some of the recent happenings:

* Last Friday the Nevada Supreme Court unanimously created the state's first strong chief judge system, which will establish oversight and accountability for the 27 District Court judges in Clark County. While the Supreme Court's order was a good first step, giving the District Court's chief judge the power to supervise other judges, many details still have to be ironed out.

In February Chief Justice Bob Rose told the Nevada Legislature that some District Court judges weren't handling their fair share of cases. Then in March a committee of District Court judges recommended adoption of rules that would increase their accountability: Their vacations would be limited to one month each year, judges would have to spend at least five hours a day in the courthouse, and judges who specialize in criminal trials would have to take overflow cases from the overwhelmed civil division. Unfortunately a subsequent meeting in March of all the District Court judges resulted in these recommendations being watered down, including rejection of both the vacation time limit and the requirement to take overflow cases.

The District Court judges will have 60 days to comply with the Supreme Court's order, which suggests the high court believes the plan submitted earlier by the District Court judges doesn't provide enough accountability. For instance, the Supreme Court order includes requirements that a chief judge can assign an overflow case to a judge who at the time isn't presiding over a case. In addition, the Supreme Court ordered that the District Court adopt a statement that judges work full time and that most of their time be spent trying cases or in their chambers at the courthouse.

One reason for the streak of independence exhibited by some judges is their argument that since they are directly elected in their own right they already are held accountable by the voters. The problem with this line of thinking, however, is that if a few judges -- who are elected for six-year terms -- aren't pulling their weight that can increase the backlog of cases. That hinders timely justice. If anything, the Supreme Court could have gone further in imposing strict guidelines for the judges, such as imposing a limit on the number of vacation days that a judge can take.

* At a meeting of District Court judges on Monday, judges voted 12-5 to scrap the two-year-old specialization system, returning to the system where judges handle both criminal and civil cases. As the Sun's Bill Gang reported, many lawyers believe specialization has been working. Notably, Chief District Judge Lee Gates and District Attorney Stewart Bell have said that specialization results in cases being resolved more quickly.

The previous system, where judges juggled both civil and criminal trials, resulted in cases getting postponed frequently. But many judges believe specialization has been a burden on those who handle only civil cases, which often can be more complicated and lengthy than criminal trials. Right now nine judges handle criminal cases and nine judges handle civil matters. What the District Court should have examined first was reducing the number of judges assigned to criminal cases and increasing the number designated for civil cases.

* On a more positive note, on Monday the Supreme Court implemented a system, which was directed by the 1999 Legislature, to assess the workload of District Court judges, municipal judges and justices of the peace. For now the Supreme Court will tally the number of new cases filed and their dispositions. Eventually the Supreme Court also will require more detailed information, including how long it takes a judge to dispose of a case. As the Sun's Cy Ryan reported, Nevada has been considered one of the worst states in collecting information on the workload of judges. This will be valuable information for the public, available for the first time.

The internal workings at the courthouse may not be issues that excite the public, but a well-run court system can make all the difference in ensuring that justice is served equitably and expeditiously.