Appeals court study to begin

Thursday, Jan. 26, 2006 | 7:32 a.m.

With the state's highest court increasingly burdened by a growing caseload, the Legislature has ordered the Nevada Supreme Court to issue a report on whether Nevada needs an intermediate appeals court.

The report will be the latest chapter in a long-running debate in legal and political circles.

Chief Justice Robert Rose notes that for the last 10 years, the justices have said the state needs an intermediate appeals court. Nevada is one of 11 states without such an appellate entity.

The issue was submitted to the 2005 Legislature, but it was withdrawn when reports indicated filings with the high court remained static at roughly 1,800.

During the 2005 fiscal year, however, 2,022 cases were filed with the Supreme Court, a 9 percent increase from 2004.

"We always knew that when case filings reached 2,000 or more per year, we would need an intermediate appeals court," Rose said.

Rose said the appeals court is needed to assure the people of Nevada "that every case is getting the best attention it deserves."

Rose hopes to have the report completed in August and sent to the Legislature in September, he said.

He favors an intermediate court that "would handle the majority of cases" appealed.

Under that plan, the Supreme Court would continue to handle all death penalty cases, civil verdicts of more than a $1 million and cases that raise constitutional questions "aside from remedial criminal ones," Rose said.

Another model could see all cases filed to the Nevada Supreme Court, with the justices determining which cases they will hear and sending the others to the appeals court, he said.

Rose said an appeals court ideally would consist of six judges and be based in Las Vegas. Its members would be elected for six-year terms and likely receive the same $140,000-a-year salary as the justices receive, he said.

The Legislature would have the final say over an intermediate appeals court's structure.

Under legislation passed to increase the Nevada Supreme Court from five to seven members in 1999 to help handle the growing number of cases, if an appeals court is established, the high court would again become a five-justice court.

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