Flexibility will be sought for DUI, domestic violence

Wednesday, Sept. 18, 2002 | 11:01 a.m.

CARSON CITY -- Bills that would lighten the sentences of people convicted of domestic violence or drunken driving are being prepared for introduction into the 2003 Legislature.

The Nevada Supreme Court Mandatory Minimum Sentencing Review Commission has asked for changes in the two laws, including giving prosecutors more discretion in handling domestic violence cases.

"They've gone too far on mandatory sentencing. They're setting people (up) to fail," said Justice of the Peace Robey Willis, chairman of the review commission.

The Supreme Court is also asking for increases in the filing fees for civil suits and the administrative assessment imposed against people convicted of a crime. Ron Titus, director of the administrative office of the court, said the Legislature is imposing more duties on the courts and an increase in revenue is needed.

Legislative auditors last week criticized the efforts of the district and lower courts in collecting fines and assessment fees imposed. It said a sampling showed that in the district courts in Clark and Washoe counties, there was only a 23 percent collection rate of the fines and assessments levied. The justices and other lower courts showed a much better collection rate at 81 percent.

The Supreme Court also wants to get tough on those who don't pay their fines or administrative assessments. At present a court may order that the driver's license of a person who has failed to pay the fine not be renewed. The court wants a change in the law so that those who are delinquent would not be able to re-register their autos, which is required on an annual basis.

The Supreme Court has put in a request for 16 bills to be drafted to be presented to the 2003 Legislature. The Supreme Court is asking for legislation to amend the Nevada Constitution to permit the creation of an appeals court to deflect some of the workload from the judges.

Clark County has put in a bill request through the Nevada Supreme Court to create five new district judges. But Rick Loop, assistant court administrator in Clark County for the civil and criminal divisions, said the bill will be pushed only if legislation passed by lawmakers next year requires additional court duties.

The 2001 Legislature authorized three new judges in Clark County to take care of growth, Loop said. This time Clark County is not asking for any more judges to handle growth but it wants more help if additional responsibility is imposed on the judiciary.

On the issue of domestic violence, Willis, of Carson City, said the review commission wants the law changed to permit a judge to hand out a minimum sentence of 48 hours in jail or 48 hours of community service.

Willis said after a person convicted of domestic violence completes a successful counseling program, he or she faces both a minimum of 48 hours in jail and 48 hours of community service. The review commission wants to give the judges some discretion in sentencing.

The commission, Willis said, also wants prosecutors to have discretion in bringing a domestic violence charge. He said under the present law, a prosecutor cannot negotiate it down, even if he doesn't have the evidence to convict a person of domestic violence.

He said this results in cases being thrown out of court for lack of evidence. Prosecutors should have the discretion to reduce the count to something like disturbing the peace and put the assailant in an alcohol treatment or other program, Willis said.

The review commission, he said, also wants to change the law on who can be charged. The law says the charge can be brought if two males or two females are living together. He said there are cases where two construction workers sharing an apartment, for example, argue and then fight over a television program. They are charged with domestic violence, which is not appropriate, Willis said.

The drunk driving sentencing law should also be changed, Willis said. At present a person, after undergoing an alcohol treatment program, faces a mandatory minimum 24 hours in jail or 48 hours of community service. Willis wants to lower the minimum community service to 24 hours.

Titus said the Supreme Court is proposing adding $15 to the filing fee for a civil lawsuit. The money from the filing fees do not go to the courts now, Titus said. This extra $15 would be used to buy computers and case management systems for the judicial system.

The Supreme Court is also proposing a $5 addition to the assessment level imposed on those convicted of crimes. The extra money would go to cover the additional duties of the administrative office of the court, Titus said.

Justice and Municipal courts can impose an assessment ranging from $15 to $105 based on the amount of the fine. District court can impose a $25 assessment for each count on which a person is found guilty. Part of this money is kept by the local courts and the rest is sent to the state.

Titus said the state, given its difficult financial condition, is not likely to have any extra money to support the court system. So it is looking for the added fees.

Washoe County judges, through the Supreme Court, are proposing an increase in the fees charged for probating an estate.