Columnist Sandy Thompson: Time, fairness are top judicial concerns

Sandy Thompson

Friday, Aug. 10, 2001 | 4:23 a.m.

Sandy Thompson is vice president/associate editor of the Las Vegas Sun. She can be reached at 259-4025 or e-mail at thompson@lasvegassun.com

IF YOU THINK you didn't get a fair shake in court, you can file a complaint with the Nevada Commission on Judicial Discipline. But don't expect it to change the outcome of your case.

Alan Rabkin, executive director of the commission, says the commission only regulates judicial conduct. It cannot change judges' decisions.

Many litigants, especially in Family Court, file or threaten to file complaints with the commission because they are unhappy with a judge's ruling. Rabkin says they should separate "decisional problems" from the issue of conduct: Did they receive a fair opportunity to present their case, was there a problem with the judge hearing a case, were they given adequate time to present their case or did they feel the judge was biased.

"We are very interested in (whether) a person believes he did not get his day in court," Rabkin says.

Most of the complaints filed with the commission deal with whether a judge performs his/her duties impartially and diligently: What is the judge's demeanor on the bench, is he/she fair and impartial and does he/she act in accordance with the dignity of the office.

The greatest numbers of complaints are filed by incarcerated inmates. The second highest number involves a family law issue. In fiscal year 2000 (July-June), the commission received 124 complaints against judges. Rabkin says this year's number will exceed that.

Of the complaints filed in fiscal year 2001, 75 were dismissed without investigation. Of the 23 that were investigated, 16 were dismissed. The others are pending consideration, or there was an informal resolution or hearing.

Even though most of the complaints are dismissed without an investigation, Rabkin says they are helpful to identify public perception of a court or judge, and whether a court or judge should spend more time on a particular issue.

"The public has targeted issues they were not allowed to raise or couldn't address," Rabkin says, adding that issues of timeliness and fairness are prevalent in Family Court complaints. That may be because of greater caseloads, he adds.

Rabkin's goal since taking over as the commission's executive director last October has been to educate judges throughout the state. Last week he met with Family Court judges.

Presiding Family Court Judge Dianne Steel says judges want to know the issues raised in the complaints so they can be more in tune with litigants' concerns.

"Sometimes because of the way we deliver a decision or are perceived by the parties kicks off a complaint. Perhaps there is another way to present a decision or to make people more comfortable," Steel says. "Maybe we need to make more of an explanation of the ruling or take more time (to listen to litigants)."

Steel says the dialogue with Rabkin will help judges determine the extra steps they can take to gain litigants' confidence and trust.

"We need to be able to be perceived as more neutral from the bench," she says.

That's especially crucial in Family Court where a growing number of litigants are appearing in proper person and feel intimidated, especially if the other side is represented by a high-powered lawyer.

Rabkin and the judges' efforts to get a better understanding of the perceptions and issues are laudable. Efforts to change real or perceived behavior based on litigants' concerns hopefully will result in judges spending more time listening to litigants and ensuring they get a fair opportunity to present their case.