Thursday, May 30, 2002 | 9 a.m.
Clark County officials will recommend a formal process Tuesday to replace justices of the peace who leave the bench prematurely, action aimed to ensure the most qualified candidate is appointed.
Devoid a formal process, recommendations come from the county commissioner who oversees the district in which the departing judge presides. The entire board then votes on the recommendation.
"It can be unfair to the public to not go through some sort of process so we get the best candidate we can," said Commissioner Chip Maxfield, who requested the county explore a more formal process.
"We have to have individuals that have knowledge in the area make recommendations. I myself don't know one applicant's ability over another since I have no expertise in that area."
Don Burnette, county administrative services director, acknowledged that when a justice of the peace's jurisdiction covers county and city boundaries, the appointment could become political under existing replacement procedures.
But, he said, the situation rarely arises because it is uncommon for judges to leave before their six-year term expires.
"This kind of thing doesn't happen very often," Burnette said. "But when it does the custom is to defer to the commissioner who represents that particular district."
Just last month Justice of the Peace Jennifer Togliatti was appointed by Gov. Kenny Guinn to serve in District Court. Commissioner Yvonne Atkinson Gates recommended that Karen Bennett-Haron replace Togliatti, and the board agreed.
Because Togliatti left within 30 days of the filing deadline, Bennett-Haron does not need to run for re-election and can serve until 2005.
In January, Moapa Justice of the Peace Marley Robinson was killed in a fire. In 2001, Henderson Justice of the Peace Kent Dawson was appointed to U.S. District Court by President Bill Clinton. Both seats are up for re-election this year.
Assistant County Manager Catherine Cortez-Masto said she will likely pitch a process similar to the one used to replace District Court judges. District Court applicants must be approved by a screening panel and pass an oral exam. Three names are submitted to the governor, who makes the final decision.
In the case of a justice of the peace, the County Commission would still make the final decision.
"We looked at other jurisdictions to see what they do and mirrored that," Cortez-Masto said. "There will be a standing committee that will meet each time there is a vacancy."
Clark County has 11 justices of the peace -- judges who handle preliminary hearings, civil matters, arraignments and conflicts such as landlord-tenant disputes. Each time the population increases by 100,000, a new justice of the peace position is created.
Maxfield said he first learned of the informal replacement process when Togliatti left her post.
"My concerns are when we have an opportunity to appoint anybody, we should have the opportunity to appoint individuals who are qualified and can represent the constituency," Maxfield said.
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