State Supreme Court calls for new appeals court

Wednesday, Jan. 22, 2003 | 8:52 a.m.

CARSON CITY -- The Nevada Supreme Court on Tuesday asked the Legislature to set in motion a constitutional amendment to create an intermediate court of appeals that would reduce the number of cases that reach the state's highest court.

Chief Justice Deborah Agosti said the number of appeals being filed in the Supreme Court has leveled off in the last five to six years, but she predicted there would be a new spike of cases reaching the court in future years.

Voters in 1980 and 1992 rejected constitutional amendments to create an intermediate court of appeals. The proposal was revived in 1999 but died in the 2001 Legislature.

Agosti told the Senate Finance Committee and the Assembly Ways and Means Committee that voters may have a hard time voting for a new court when the appeals are not increasing.

She offered a compromise. Any constitutional amendment proposed should say the Legislature may create the appeals court and not require it. She said that would leave it up to the lawmakers to decide when the time was right and that there is ample money.

"This may be more palatable to the citizens," she said.