Washoe judges win battle with clerk

Thursday, Oct. 11, 2001 | 10:26 a.m.

CARSON CITY -- In a tug-of-war between District Court judges and the county clerk in Washoe County, the Nevada Supreme Court has come down on the side of the judges.

The court Wednesday dismissed a lawsuit brought by Washoe County Clerk Amy Harvey, who complained that the judges usurped her authority to control the court clerk employees and functions.

Since the time Nevada became a state until 1974, the county clerks performed the District Court clerk's duties.

"For the most part, the relationship between the county clerks and the District Courts has been one of cooperation and collaboration. Thus, the issue of who has the ultimate authority over the court clerk has never been decided," the Supreme Court said.

In 1974 the Washoe County Commission hired a administrator to manage the court system, including the court clerk's functions. It transferred 32 employees from the county clerk's office to the District Court.

Harvey, in seeking to regain control, said the Nevada Constitution designates the county clerk as ex-officio court clerk.

But the Supreme Court, with two justices dissenting, said, there was "no inherent, inalienable, or unbridled right of the county clerks to perform the office of court clerk without direction from the courts in their district."

Clark County Clerk Shirley Parraguirre and the Nevada Association of county Clerks filed Friend of the Court briefs in the case.