Gibbons ‘probably’ will sign bill to raise court fees

By Cy Ryan (contact)

Published Saturday, May 30, 2009 | 12:34 p.m.

Updated Saturday, May 30, 2009 | 1:22 p.m.

CARSON CITY – Although it is a fee increase, Gov. Jim Gibbons will apparently approve a bill to raise the cost of filing a suit to pay for an increase of nine district judges in Clark County.

Josh Hicks, the chief of staff for Gibbons, said the governor would “probably” sign Assembly Bill 65 to raise the fees for bringing legal actions. “We will have to look it over,” he said.

The Senate voted 21-0 Friday to boost the number of district judges in Clark County from 43 to 52. And two of the nine new judges would be family court judges. Assembly Bill 64 also adds one new judge to Washoe County.

The bill now goes to the governor. The new judges would have to run for election in November 2010 and take office in January 2011.

A companion bill provides the money for these new jurists. Assembly Bill 65 was approved by the Senate 21-0 Thursday and the Assembly agreed Saturday on an amendment that removed a section that threatened the survival of the bill.

When first passed by the Assembly, it included a section that $20 of the additional fee collected on each new suit would be allocated to “the organization operating a program for legal services …”

Assembly Speaker Barbara Buckley, D-Las Vegas is executive director of Clark County Legal Services. And her organization would be eligible to receive money from the $20 allocation. She abstained from voting on the bill in the Assembly.

When the bill advanced toward passage in the Senate, that section was taken out. Sen. Randolph Townsend, R-Reno, said he had it on “good authority” that the governor would veto the measure if that $20 allocation was made.

Gibbons is expected to face opposition from Buckley in the next election.

Townsend said these judges are needed in Clark County to keep up with the increased judicial business.

AB65 calls for adding $99 to the cost of filing a civil suit, and the defendants would have to pay $99. The cost for filing a construction defect lawsuit would cost an additional $349.

And $1,359 would be added to the cost of filing any civil action “defined as a business matter pursuant to the local rules of practice and on the answer or appearance of any party in any such action…”

The money collected from these increased fees would pay the salary of the new judges, his or her staff and the equipment and furniture. And if there is anything in excess, it could be used to build a judicial center.

Traditionally, the state has paid the salary of the district judge and the counties picked up the cost of staff and the equipment needed.

In rural Nevada, the money would be used to for special advocate programs for children.

The bill allows a county commission to approve an additional $20 to each civil action for court security.

The increased cost of filing a suit would start July 1.

Gibbons, who has pledged no new taxes or fees, has already signed a bill to boost the cost of a marriage license by $5 with the money going to programs to help victims of domestic violence.