On the ballot this November, an appeal for a new court

By Ana Ley

Sunday, Sept. 7, 2014 | 2 a.m.

Nevada voters will decide this Election Day whether to create a new step in the state’s judicial system.

Question 1 will ask voters if they want to create a court of appeals for county district courts to reduce the number of cases that go to the state Supreme Court.

Ten states don’t have an appeals court, with Nevada the largest among them. (Below, a map shows these ten states highlighted in green.)

The measure has broad support among politicians and the legal community and no organized opposition. But in 2010, Nevadans rejected a similar measure with 53 percent voting no.

What is Question 1?

When lawyers appeal rulings from county district courts, the cases go directly to the state’s highest judiciary, the seven-justice Supreme Court, which hears a wide range of matters, from death penalty appeals to driver’s license revocations. An appellate court would take on the less pressing cases.

Supporters say the court would free up Supreme Court justices to focus on the most important rulings and reduce the backlog of cases. The justices received 2,500 cases in 2012 and made 2,270 decisions. That’s an average of more than eight decisions per working day, or more than one decision an hour.

Supreme Court Justice James Hardesty, who is campaigning for the measure, said 56 percent of cases seen at the high court take more than six months to be heard, while 29 percent take a year or more. Some cases take up to three years, he said.

How would an appeals court work?

Supreme Court justices hope to adopt a “push-down” model in which appealed cases are reviewed by a court clerk, who determines which appellate court should review the case. Under the current system, the Supreme Court must review every appeal it receives.

The new appeals court would be located inside existing court space at the Regional Justice Center in Las Vegas and Supreme Court building in Carson City. A panel of three judges would travel between the cities to hear cases.

How much would it cost?

The Supreme Court’s 2015 budget plan, submitted to the Legislature, shows first-year startup costs of $800,000 to select judges, pay salaries and cover other expenses. The Legislature already approved the spending plan in case voters endorse the measure.

After the first year, the appeals court is expected to cost $1.5 million a year to cover salaries for the three judges, three secretaries and six law clerks.

Hardesty said the cost would be offset by unused Supreme Court funding. The high court rarely uses its full budget, he said, and typically returns $900,000 to $2.5 million a year to the state’s general fund.

Who supports Question 1?

An overwhelming majority of the legal community. Gov. Brian Sandoval, a Republican and former federal judge, and Attorney General Catherine Cortez Masto, a Democrat and the state’s top lawyer, both support the measure. Corporate law firms and trial attorneys also have donated to the campaign.

Who is funding the campaign for it?

Nevadans for a Court of Appeals has reported receiving $228,000 in contributions, including $31,000 from the Gordon Silver and McDonald Carano Wilson law firms, as well as $20,000 from MGM Resorts International.

What are the arguments against Question 1 to vote no?

There’s no organized opposition against the measure.

An earlier version of this story referenced a 2010 editorial by a Nevada paper that opposed creating an appeals court. The paper's name was inaccurate and the reference has been removed.