Court rules against LV justice courts

Friday, Jan. 23, 2004 | 11:20 a.m.

CARSON CITY -- The Nevada Supreme Court ruled today that justice courts in Las Vegas have been violating the Constitution by denying jury trial in civil cases involving less than $5,000.

The court, in a 5-1 decision, said, "The Nevada Constitution secures to all the right of trial by jury, and provides that the right shall remain inviolate forever." It said there is a guarantee of the jury trial even if only small amounts of money are involved.

Court Administrator Martin Lotz said this morning he did not know how many cases may be affected by the ruling.

The ruling overturned the decisions of District Judges Valorie Vega and Mark Denton, who had rejected claims from citizens who wanted a jury trial and had not received one in Justice Court.

The Las Vegas Justice Courts in 1999 adopted the policy allowing jury trials only when the damages are $5,000 or more. Instead justices of the peace made the decisions without a jury.

"We will abide by the rule of the Supreme Court and will have jury trial for cases of under $5,500" if they are requested, Chief Justice of the Peace Tony Abbatangelo said.

In 2000 William Roper was sued in Justice Court for damages arising from an automobile accident. In 2001 Aftercare of Nevada Inc. and Michael Mullins were sued for damages in Justice Court arising from separate auto accidents.

The defendants filed demands for jury trials and deposited the required fees. Justice of the Peace Jennifer Togliatti, who has since become a district judge, scheduled a bench trial in both cases, meaning she would decide rather than convening a jury.

The defendants appealed to District Court in Las Vegas and lost, then carried their appeal to the Supreme Court.

The court said it may have reached a different conclusion if the civil actions were filed in small claims court, but in these two cases, the suits were brought in Justice Court. There are no juries in small claims court.

"I think the Supreme Court has spoken," Togliatti said. "They needed to address the issue."

Noting the high volume of cases that pass through Justice Court, she said, "I think that everybody has been waiting for decision and certainly it is going to impact the system. But the Supreme Court has spoken and the Justice Court need to find the resources and facilities to try that many jury trials."

Denton, who like Togliatti had just heard of the decision this morning and had not read it, said, "At least it's clarified now. That's the whole point. The law is in a state of development, and sometimes things are not absolutely clear. The justice of the peace had made a determination one way, and the district judge made a decision. Now the Supreme Court has spoken and clarified the law."

Justice Mark Gibbons, who dissented, said the law allows Justice Courts under certain conditions to treat cases involving less than $5,000 as a small claim case.

Gibbons said that under common law claims for money damages were generally sent to a jury. "However, if the amount of the claim was insignificant, a jury trial was not required," in common law, he said.

"Therefore, cases involving minor claims do not have a right to a jury trial under either the United States Constitution or the Nevada Constitution because no such right existed under common law," Gibbons said.