Monday, June 25, 2007 | 7:17 a.m.
An obscure state agency called the Commission on Judicial Selection could wield more influence if Nevada changes the way it selects judges.
The way the state picks judges has hit the news repeatedly in recent months.
Controversies about the conduct of newly elected District Judge Elizabeth Halverson, as well as the Legislature's recent passage of a proposed constitutional amendment to change the way judges are chosen, have highlighted growing concerns with having voters choose judges.
If the system eventually is changed, the role of the Commission on Judicial Selection will grow. Currently, when unexpected vacancies come open among District Court and Supreme Court judgeships, the commission recommends three names to the governor, who chooses a replacement to serve until the next election.
Under the modified " Missouri Plan " proposal sponsored by Sen. Bill Raggio, R-Reno, however, the commission would be responsible for the initial selection of all state judges and justices.
So just how does this little-known commission, which conducts most of its work in private, function? How is the process thought of among the civil lawyers, prosecutors, defenders and lower-court judges who have traversed the commission's intensive application procedure?
By and large, attorneys and judges who have gone through the process say they believe they have been treated fairly, even when their names haven't been among those selected to go to the governor.
The commissioners say their group works with serious intent and almost entirely without internal squabbles. They say they're proud of a process that thoroughly vets judicial candidates. The proof of their success, they say, has been the quality of judges who are selected.
"It has been one of the best experiences of my judicial career," said Supreme Court Chief Justice Bill Maupin, currently the commission's chairman. The commission, he says, is a "very professional and fair-minded group."
By law, there are seven regular members of the commission, who serve four-year terms. In addition to the chief justice, the State Bar of Nevada picks three attorneys for the panel and the governor chooses three non-lawyers. Neither the governor nor the bar may pack the panel with three members from the same political party.
For District Court vacancies, two additional temporary members serve on the commission, with one each appointed by the governor and the bar.
Each applicant for judge completes a comprehensive application, which includes FBI fingerprint cards for a criminal check and questions about any pertinent disciplinary records. The process also demands that candidates find a half-dozen references, and that they fill out a 57-question assessment, which asks them questions including whether they have ever failed any bar examination, what their jury trial experience is, and what their five most significant cases are.
The questionnaire also delves into personal issues, including whether the candidate has in the past 10 years used alcohol or prescription drugs to excess or used any illegal drugs.
The commission interviews each candidate for 30 minutes, some longer. After , the commissioners vote by secret ballot for their top three picks. Applicants make it to the next voting round if they've received at least five votes, and so on, until three names have received a five-vote majority.
Several commissioners said their most important considerations were a lengthy and diverse legal background, ideally with strong civil and criminal law knowledge. A couple of commissioners noted that traits such as adaptability and a strong intellect were vital.
Though lobbying from a candidate's supporters sometimes happens, commissioners David Grundy and Michael Pennington were adamant that their work is done without interference from the governor.
Because of the stiff competition, candidates have often applied two to six times before making the cut. That includes current District Judges Valorie Vega, Ken Cory, Susan Johnson and Tim Williams.
Many local attorneys have continued to throw their hats into the ring, without success. Some judges, including Justices of the Peace Douglas Smith and Abbi Silver, have also applied more than once to move up to the state bench.
Several candidates said although they were disappointed, they thought the commission did everything it could to ensure a fair process - and that it worked, inasmuch as the commission was able to screen out unqualified candidates.
Some, however, including Smith and Las Vegas attorney Kenneth Pollock, expressed concerns about the process.
Smith said that with his experience as a judge hearing civil cases, added to his time as a prosecutor and public defender, he thought his name should have been on the list to the governor. "That experience is just necessary," he said.
According to Pollock, who has also run for Judicial and District Court judgeships , some commissioners seemed to have a bias against candidates who have run before.
"Would I have preferred a different outcome, one where I was in the top three? Absolutely," Pollock said. But he quickly added that, like lots of other candidates who haven't made it through, he likely would apply again the next time the right judgeship came open.
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