Leavitt seat up for grabs in November

Wednesday, Jan. 14, 2004 | 11:03 a.m.

CARSON CITY -- The replacement for Nevada Supreme Court Justice Myron Leavitt will have to run for re-election in November to complete the term, regardless of when the appointment is made, court officials said.

Funeral services for Leavitt, who died Saturday, were scheduled at noon today in Las Vegas and were expected to be attended by most of the judges in Southern Nevada. So many Las Vegas Municipal Court judges and alternate judges were planning to attend that that the court closed for the afternoon and evening, Jim Carmany, court administrator, said.

One of Nevada's judges is expected to be appointed soon to replace Leavitt, whose term runs through 2006.

Court officials said early this week that if the appointment were made after election filings close May 14 that the appointee would keep the post through the end of the term.

However, Chief Deputy Secretary of State Renee Parker said anybody who wants to serve the unexpired term must file for election in May and win an election this fall. If the appointee does not file for election, that person's term on the bench would expire at the end of the year.

Chief Justice Miriam Shearing said she will convene the state Judicial Selection Commission to receive applications from those wanting to succeed Justice Leavitt. She said next week she will set the deadline date for the applications.

The selection commission will nominate three names to Gov. Kenny Guinn who will make the final choice.

Parker said, however, the person named will serve only until January under the Nevada Constitution. "It's an open seat," she said.

Shearing has said she will not seek a third term on the court so her seat also will be open in November.

Justice Deborah Agosti intends to run for re-election and even though the filing period doesn't open until May 3, she has already drawn three announced challengers -- Las Vegas Justice of the Peace Douglas Smith, Las Vegas attorney Don Ashworth and Lake Tahoe lawyer John Mason, a former chairman of the Nevada Republican Party.