Assemblyman needs OK to run for judge

Erin Neff

Tuesday, Jan. 7, 2003 | 9:22 a.m.

Assemblyman David Brown has asked the state Ethics Commission whether he can run for Henderson Municipal Court while he is serving in Carson City.

The Republican from Henderson who was re-elected to his second term in November with 64 percent of the vote said Monday he wants to run for the Department 2 seat held by Chief Judge John Provost.

"Legislative service is not easy and I've had some heart-to-heart discussions with my wife," Brown said. "It's tough on business and it's tough on family life."

Brown has sought opinions from the Legislative Counsel Bureau and the Ethics Commission to determine whether he would have to resign his legislative post to seek the judicial position.

The municipal election is June 3, the day after the 120-day legislative session adjourns. However, the primary election is April 8, and if Brown were to win that election outright with more than 50 percent of the vote, he could be sworn in as early as May.

Brown said that if he would be forced to resign his legislative seat in May, he would not run for the bench.

The Ethics Commission will meet Jan. 16 to discuss Brown's request.

If the commission rules that running for the bench is a conflict, or if the attorney general's office rules that he could not assume one office while holding another, Brown said he will drop his bid and return the money he has raised.

If he does run for the bench, Brown -- like all 63 state lawmakers -- is prohibited from raising money for any race from now until 30 days after the session ends.

He said he had $10,000 left over from his Assembly campaign and had raised another $13,000 before the prohibition on fund-raising took effect Friday. Brown, a lawyer, said he would also consider putting some of his own money into the race.

Provost, who was first appointed to the bench in 1996 and has won two subsequent elections, said incumbents typically have the edge in judicial races.

"It's tough to run a local race from Carson City," Provost added.

In addition to Brown, Provost likely faces a challenge from Clark County Chief Deputy Public Defender Douglas Hedger. Attempts to reach Hedger on Monday were unsuccessful.

Filing for the seat opens Jan. 28.

Provost said he expects the campaign to cost at least $60,000.

The Municipal Court job pays $102,000. State legislators make $7,800 each for the legislative session, get $9,600 each in $80 per diem payments and can be reimbursed up to $6,700 each for travel and housing.

Brown said he and his wife have talked about the Municipal Court seat since he first ran in 2000 and had a friend running for the bench.

He initially said he would be interested in a new position on the court if the Henderson City Council agreed to add a third department. The council opted against adding another department this year, choosing to wait until 2005.

Municipal Court judges hear traffic, civil and misdemeanor criminal cases. In some jurisdictions, such as Las Vegas, Municipal Court can be a launching pad for higher judicial office.

District Court Judges Valorie Vega, Ron Parraguirre and Michelle Leavitt and newly elected Judge Jessie Walsh were all Las Vegas Municipal Court judges.

Brown said he isn't looking at the Municipal Court position as a stepping stone.

"This is a career move for my family," Brown said.

But Provost is already trying to keep his career.

"In the last seven years I have never had a conviction overturned on appeal," Provost said.

He also notes that the Henderson Municipal Court is more efficient than some of its counterparts, and has seen increases in some of the revenue-generating programs it administers.

The Henderson Municipal Court's two judges handled 5,894 criminal cases and 26,307 traffic cases last year.