Significance of statistics debated in judging judges

Kim Smith

Monday, Feb. 25, 2002 | 9:24 a.m.

The release last week of statistics showing how much time Clark County's judges spent in trial last year and how many cases they dealt with reignited the debate over the best way to weigh a judge's worth.

The numbers in the annual review showed Chief District Judge Mark Gibbons spent the most days trying cases, with 133 days for 23 trials, and District Judge Jeffrey Sobel with the least, 32 days for 13 trials.

Former District Judge James Mahan, now a federal judge, held the most trials, 45, and District Judge Joseph Bonaventure presided over the least, with six.

But the numbers don't begin to tell the story, judges and attorneys point out.

The type of trial, each judge's caseload, their personality and the way they pick their juries are some of the variables that affect the number and length of a judge's trials.

"You can't make a blanket statement about anyone. Every department is a little bit different," said Chief Deputy District Attorney David Wall, who is running for one of two open spots in November.

"Some departments have heavy morning calendars so they can't spend as much time in trials. There are times too when you have a capital murder case where it takes two to three days to select a jury, and that's not inappropriate."

The statistics don't reflect which of the trials are complex murder trials and which are "nickel and dime" drug cases, Deputy Public Defender Drew Christensen said.

The Margaret Rudin murder case, which Bonaventure presided over, took 37 days to hear -- tying the second-longest criminal trial in the county's history.

When judges aren't in trial, they are often working toward plea agreements and settlements or researching the law so that they may render decisions on motions, Christensen said.

"I'm not sold on the idea that if they're not in trial, they're not working," Christensen said.

Defense attorney Thomas Pitaro said judges who handle civil cases may go to trial less frequently than criminal judges simply because they encourage settlements.

Judges should be evaluated based on the number of cases filed in their courtroom and the number they dispose of in a given year, Pitaro said.

"You can take the statistics and make them show whatever you want," he said.

The report shows Sobel in the middle of the pack in cases, with 1,531 filed in his courtroom last year and 1,222 disposed. Bonaventure saw 948 cases filed and 1,072 resolved last year.

That's a better reflection of Sobel's effectiveness, said Deputy Public Defender Christy Craig, who has spent nearly three years in Sobel's courtroom handling his morning calendar for her office.

"I think he gets more done in less amount of time than any other judge I've appeared before," Craig said. "He runs a crisp, clean calendar."

His trials are shorter than other judges because he questions prospective jurors as a group rather than individually and he makes sure jury instructions are prepared before opening statements, Craig said. Most judges don't discuss the instructions until right before closing arguments.

While Sobel has received criticism in the past for working at home much of the time, Craig has no complaints.

"He reads every word of everything that I write," Craig said. "He's just very, very thorough. Just because he does it at home doesn't mean he's not thorough."

Jackie Glass, who has announced she will run against Sobel this fall, noted he spends 30 to 40 percent less time on the bench than his counterparts.

"It's not a matter of efficiency, it's a matter of people getting their day in court and being treated the way they should be treated by a trial judge," Glass said. "I don't think cases are being given the proper amount of time and attention they should be."

Sobel said he spends fewer days in trial for a reason. He starts his morning calendar as much as an hour earlier on trial days, he limits attorneys' arguments, and when he takes a 10-minute break it is a 10-minute break. He also often requires jurors to stay until 5:30 or 6 p.m.

"What little time I had to watch Judge Ito and the O.J. trial appalled me and merely reinforced how bad long trials are," Sobel said. "I could have tried it in 2 1/2 months instead of one year."

Glass also ntoes that often only defendants charged with the most serious crimes end up being tried before a judge. Other defendants should be given the same opportunity.

"The district judges are trial judges, the biggest part of their job should be hearing cases," Glass said.

Chief Deputy District Attorney Michael O'Callaghan agreed.

"I think trial statistics are a good indication of a judge's work ethic," O'Callaghan said. "There are plenty of good cases that can go to trial and yet we're fighting for courtrooms to try our cases.

"The judges work harder at avoiding trials than doing trials."