Editorial: Becker has the right stuff

Sunday, Oct. 22, 2006 | 8:03 a.m.

The most fiercely contested judicial race in Nevada this year involves Supreme Court Justice Nancy Becker, who is being opposed by Nancy Saitta, a District Court judge.

Among her accomplishments, Becker notes that she has helped put in place a number of new procedures to streamline the handling of cases, lowering the number of backlogged cases by 40 percent since 1998, when she was first elected to the Supreme Court. Becker, a respected jurist, also points out that she hopes to further her contributions on ensuring victims' rights and protections. As a District Court judge, she initiated programs to aid domestic violence victims.

Becker has built an impressive record, one that normally wouldn't merit much of a challenge. Her opponent's campaign really rests on a single issue - the Supreme Court's 2003 decision on Guinn v. Legislature.

In that case, Becker joined five other justices in a 6-1 opinion that dealt with an impasse in the 2003 Legislature over Gov. Kenny Guinn's proposed tax increase. The court determined that in this extraordinary circumstance, a simple majority could pass a tax increase to fund education. In its opinion, the Supreme Court found that the constitutional requirement that public education be funded trumped a competing provision that said all tax increases must be approved by at least a two-thirds majority.

Ultimately, the Legislature went back to work in a special session and passed the needed tax increase by a two-thirds majority anyway. That would seem to be the end of the story, but the Far Right was bound and determined to exact revenge for any slight - real or imagined. The Far Right's voice, the Las Vegas Review-Journal, soon thereafter set Becker in its sights if she decided to run for re-election. Well, that time is here, and sure enough the whole lot of them are doing everything they can to take down Becker.

If Nevadans truly believe that our judges should apply the law and the Constitution to cases before them without bias, then Becker is exactly their kind of justice. Throughout her eight years as a Supreme Court justice, and 10 previous years as a District Court judge, Becker has had an exemplary record. The fact is that if Becker and the rest of the justices had wanted to take the easy way out - and avoid the wrath of some of the most extremist elements in Nevada politics - they could have simply punted on Guinn v. Legislature. Instead, they stepped up and did what was required of them by the Constitution.

Unfortunately, too often in today's world, if judges make an unpopular decision - no matter how principled - they are excoriated for it from the right and the left. No judge is going to please everyone every time. What we should look for in our judges are individuals who are intelligent, unbiased and understand how to faithfully interpret the laws and our Constitution. Justice Nancy Becker indisputably fits that bill.

The Las Vegas Sun endorses Nancy Becker.