Ruling backs use of pro-tem judges

Bill Gang

Thursday, Jan. 27, 2000 | 10:47 a.m.

A challenge to the use of judges who have not been elected in Municipal and Justice courts has fallen short.

Known as pro-tempore judges, they have been appointed and given the full authority of judges but have never been elected to the positions.

District Judge Kathy Hardcastle on Wednesday declined to dismiss drug and stolen property charges against a man because of claims by defense attorney Carmine Colucci that the pro-tem judge who signed the search warrant was unconstitutionally appointed.

Hardcastle said she was not persuaded by Colucci's argument that his client's charges and the whole pro-tem system should be thrown out because those judges are not elected and the Nevada Constitution has declared that judges in Nevada should be elected.

The judge noted that there are a number of nonelected judicial officials working in the system -- from senior judges to referees and masters -- and pro-tems are no different.

She said to declare that pro-tems are improper and unconstitutional would mean "having to invalidate thousands of decisions."

Had the judge agreed that the pro-tem system was unlawful, it could have dramatically changed the way the lower courts operate in Nevada, although the final word on the issue likely would come from the Nevada Supreme Court.

Colucci specifically challenged a search warrant signed by pro-tem Judge Torris Brand, an attorney who sits in Las Vegas Justice Court.

Hardcastle said the search warrant must be declared valid because the police who served it had a reasonable belief the warrant was valid.