Jury pool can’t plug in to power list

By Matt Pordum (contact)

Thursday, Feb. 16, 2006 | 12:34 p.m.

Nevada Power Co. turned out the lights on the Clark County courts.

Court Executive Chuck Short had requested the power company's customer list to help diversify the rolls of potential jurors. But after several "good meetings" with Nevada Power President Pat Shalmy, Short was told the company won't release the list, citing privacy concerns.

Short said Shalmy told him the company "has been receiving e-mails and phone calls from customers since the Sun started covering the issue, saying they absolutely don't want their information used to summons them for jury duty."

Nevada Power officials have said the company's policy is that its customer information is private, but they noted that the information is shared with police and fire departments for use in investigations and emergency response.

The company also said state law prohibited it from giving the list to the courts.

State law says that in a county with a population of less than 400,000, a public utility "shall provide a list of the names and addresses of the customers of the public utility upon the request of any district judge or jury commissioner, for use in the selection of jurors."

Short said a bill is being drafted for the 2007 Legislature that would remove the cap.

Short said the court system has an obligation to ensure jury pools are diverse.

"I'm disappointed we haven't been able to do it sooner," he said.

Short said he doesn't expect much of an opposition from Nevada Power other than "the company will want to make sure certain customer information is kept private and that any costs incurred to the company for providing the lists will be reimbursed."

The county uses DMV lists of people with driver's licenses and identification cards to create jury pools. Critics say that fails to fully reflect the diversity of the county's population.

They argued that multiple source lists should be used because not all people drive or have identification cards. They say many people who are poor don't keep their addresses current with the DMV when they move. The result is that people from lower socio-economic levels are not being adequately represented, critics say.

If successful in changing the law and subsequently obtaining use of Nevada Power's customer list in jury pool selection, the state would join three of its neighbors in using multiple source lists.

Arizona, which is considered one of the most progressive states regarding jury pools, uses phone books, those who request water service and welfare and unemployment rolls, in addition to its DMV lists.

California uses state tax returns and Social Security rolls in addition to its DMV lists. Utah augments its DMV lists with voter registration rolls.

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