Bench bar set up for Supreme Court

Monday, Feb. 6, 2006 | 8:21 a.m.

With an increasing caseload making it more difficult for the state's high court jurists to keep abreast of legal trends, the court has asked a group of lawyers to help.

The Supreme Court created a "bench bar," forum of the justices and 29 attorneys from around the state that will serve as a round table for ideas and legal education.

Justice Michael Douglas, who is co-chairman of the group with Justice James Hardesty, said he hopes the program will not only assist the court in discovering ways to "speed up the process of appellate litigation," but also further the legal education of the justices.

Nevada's high court is following the lead of any number of courts across the United States, including the 9th U.S. Circuit Court of Appeals and District Court in Clark County.

Douglas said during the group's first meeting last month it became clear that the justices soon may be having refresher courses on medical malpractice, domestic violence, construction defect litigation and death penalty related issues.

"We are conscious of the fact that to be competent judges of the highest court in the state we have to make sure we are staying on top of all the cutting edge issues," Douglas said.

One key issue that will be discussed with the bench bar is whether Nevada needs an intermediate appeals court.

The Legislature wants a report from the Supreme Court on the appeals court, and Douglas says the input of the bench bar is a great resource for the justices to use as they make their conclusions.

Douglas said although the bench bar is "still in the genesis phase" the group is already exploring ways to speed up the process of appellate litigation in the area of family law, more specifically as it relates to custody matters and termination of parental rights cases.

The justice said the bench bar plans to continue to discuss the possibility of creating a fast-track system for these family court cases, similar to that already in place for criminal cases at the high court.

He said along with the bench bar the high court listens to the concerns of the Nevada Bar Association, Judges Association and the Family Law Committee so a cross section of opinions is understood.

"When we hear new ideas and put meat on the bones, we as justices can't just go forward unilaterally," Douglas said. "We have to take the issue to the public and also determine if we have to give something up to make it happen or go to the Legislature to get more money."

The group, he said, is wellrounded with attorneys from a variety of backgrounds.

Clark County Public Defender Phil Kohn, who is a member of the bench bar, said after the first meeting he was amazed to see that other attorneys from the group were sharing his concerns.

"It really gives all the attorneys involved, from the southern part and northern part of the state to see we all have common concerns and that by discussing them with the justices in an informal manner they can be addressed," Kohn said.

Eighteen of the attorneys reside in Las Vegas, eight in Reno, and one each in Carson City, Elko and Henderson.

Matt Pordum can be reached at 474-7406 or at pordum@lasvegassun.com.