MASON E. SIMONS JUSTICE OF THE PEACE / MUNICIPAL JUDGE Demar Dahl. Chairman Elko County Commission 571 Idaho Street Elko. NV 89801 Qto fu5ticr / 4ilinucipll Cotirt 11 ox 1 7 Qtho, Tt) )t'occ October 2. 2015 (775) 738-8403 OFFICE (775)738-8416 FAx Re: Creation of 2" Justice of the Peace position in the Elko Justice Court Chairman Dab! - On March 7. 2012. Senior Judge Barbara Nethery sent a letter to the Elko County Commission regarding the issue of the possible creation of a 2d full-time Justice of the Peace position in the Elko Township Justice Court (See Senior Judge Barbara Aerherv letter, Exhibit A). Judge Nether) indicated at the time that it was her position that a second full-time Justice of the Peace would become "necessary in the very near future." opining that the creation of this second position would likely become necessary within "2-3 years" and strongly urged the County to begin the planning that is "needed to accommodate the addition of a second seat and support staff in the very near future." Three and a half years have now passed since Judge Nethery put the County on notice of the need to prepare for this eventuality. I also sent a letter to the Elko County Commission on March 14. 2014 regarding this same issue. In that letter I informed the Commission that the current caseloads more than justify the creation of a 2'judge position in the Elko Justice/Municipal Court." but that the Court would not he moving forward with the creation of a 2 department at that time. NRS 4.020(1)(c) requires the creation of a second Justice of the Peace position in a justice court when the population of the judicial township exceeds 34.000 people. unless the sitting Justice of the Peace of that township certifies that adding an additional judge is not warranted. The Elko Judicial Toship has a population of4l.447 people (as of 2014) and has had a population in excess of the 34.000 person threshold for many years (See 2014 Judicial Township Population Table. Exhibit B). This letter shall serve as my formal notification to Elko County that the creation of a second Justice of the Peace position in the Elko Justice Court is now warranted. I respectfully request that the Elko County Commission take immediate action to create this new position, with an effective date of January 2,2017, allowing fora qualified individual to be elected to a six-year term in the 2016 election cycle.
As you are likely aware, the Elko Justice/Municipal Court has I ong been the busiest one-judge justice or municipal court in the state of Nevada. Our total caseload fluctuates from about 10.000 to 15.000 cases per year. with a non-traffic caseload in the range of 3.000 to 4.500 cases per year. While it is true that these tremendous caseloads may lead to burnout on the part of court staff and judicial officers, the more compelling consideration is the effect that these caseloads have on the administration ofjustice and the ability of the public to readily access legal relief for their grievances. High caseloads per judge cause criminal cases to take longer to move through the system, delaying arraignments, trial dates and sentencing - and. in the process - delaying justice to victims and the community. Meeting statutory deadlines (requiring preliminary hearings within 15 days and misdemeanor trials within 60 days) also becomes increasingly difficult. Witnesses, victims and defendants are sometimes required to wait in a common hallway for long periods of time, sometimes hours, for their cases to be called - due to the stacking of cases that is necessitated by one judge handling such a large non-traffic caseload. The addition of a second judge will allow us to significantly reduce these burdens and better serve the public in the process. In addition to the judge position. we believe that this change will also necessitate, at a minimum, the addition of a 2Ud bailiff position (see NRS 4.353(2)). We will be submitting an agenda request to the County Manager's Office to have this matter placed on the County Commission agenda at the next available October meeting. I look forward to discussing this matter in further detail at that time and working with the County to ensure a smooth process as we move forward. Sincerely. of J / Z / I Judge Nilason E. Yu nons Elko Township Jutiee/Münicipal Court CC: Rick Combs. Director. Legislative Counsel Bureau Rob Stokes. County Manager Mark Torvinen. Elko County District.Attorney Alma Kilpatrick. Interim Elko County Public Defender Carol Fosmo. Elko County Clerk Jamie Gradick. Rural Court Coordinator AOC Chris Johnson. Mayor. City, of Elko Curtis Calder. Elko City Manager Tom Coyle. Elko Assistant City Attorney District Judges Kacin and Porter
Exhibit A
Officecf ELKO JUST10EIMTJJc1C1PAL COURT Telaphenc BajbaraNeth' SenorJudgc P,O, BOX 176 Ofi9ce (775 )738-5403 ELKO, NEVADA 89803 March 2012 Loren Malkiewich, Director Nevada Legislative Counsel Bureau 401 S. Carson St Carson Citv,Nv 397/01-4747 Dear Mr. Maikiewich: As you may be aware, I have been appointed to fill the vacancy in Elko Justice Court created by the appointment of Judge Al Kacin to District Court Department 2. Per NRS 4.020(3), 1 am providing this written opinion with regard to the schedule set forth in NRS 4.020(l) fbr an increase in the number of Justices of the Peace in Elko Township. This letter [5 to advise that at present the workload of Elko Justice Court does NOT require a second fill time elected Justice of the Peace, It is my frirther opinion that a second frill time Justice of the Peace will become necessary in the very near future. Historically, the elected Justice of the Peace is also appointed Elko Municipal Court Judge. Caseloads for both courts continue to grow. Recent policy changes in the Elko County District Arcorneys office are sure ro result in a substantial increase in DUI cases being ñied in Elko Township. An increase in the number of officers serving Elko Police Department will no doubt result in increased cases being flied in Elko Municipal Court. Presently, visiting judges from Wails and Carlin are being used to help handle the caseload on a limited (approximately 5-7 days per month) basis. No doubt this usage will increase over the next two years, as thr caseload increases. It is my feeling that court decisions should be made by an elected judge whenever possible. The court calendar begins early each judicial day, and many times goes until welt after 5:00 p.m This results in overtime for the clerks, and possible burnout.
Recognizing the huge improvements made in Elko Justice Court's policies and practices made durin2 Judge Kacin's tenure as Elko Coumv..Iustice of the Peace, it is still my de fl, opinion that very soon (probably within ue next 2-3 years), a seconc frill trne elected Justice of the Peace will be required. For these reasons, I request that a second court not be created immediately. At the anu time, it is my strong suggestion that the PIke County Commission begin the planning needed to accommodate the addition of a second seat and support staff in the very near future, I feel that it is appropriate that at the zlext date fbr a decision regarding this matter, there will be an elected Justice of the Peace with more than a ear in office to make a more final and thorough decision on this issue. If you have any question regarding this matter, please feel free to contact me at this office. Ver' truly, Barbara J. Nethey Justice of the Peace ) ( \ Senior Judge cc: Jeff Williams, Liko County Commission Chaimian Rob Stokes, Elko County Manager Cash Minor, Elko County Chief Financial Officer Mark Tox-vinen, Elko County District Attorney Caro] Fosmo, Elko County Clerk John McCormick, Nevada AOC Rural Courts Coordinator
Exhibit It
2014 Population Estimates for Nevada Judicial Townships Carson City 1 53.969 Carson City Township 1 53.969 Churchill County 1 25,103 New River Township 1 25:103 Co Boulder City Township Bunkerville Township Goodsprings Township Henderson Township Las Vegas Township Laughlin Township Mesquite Township Moapa Township Moapa Valley Township North Las Vegas Township Searchlight Township 4,210 281.961 1. 473.1 50 9.006 18.373 7,165 255,576 1.107 Douglas County 1 48553 East Fork Township 40,654 Tahoe Township 7,899 Elko Co Carlin Township - 2.949 East Line Township 4.420 Elko Township 41.447 Jackpot Township 1,352 Wells Township 3,190 Esmeralda County 926 Esmeralda Township 1 926 Eureka County 1,903 Beowawe Township 637 Eureka Township 1,266 Humboldt County 1 17388 Union Township 1 17,388 Lander County 6,560 Argenta Township 6,262 Austin Township 298 Lincoln County 5,004 Meadow Valley Township 3,428 Pahranagat Valley Township 1.576 Lyon County 53.344 Canal Township 19.077 Dayton Township 22.230 'A'alker River Township 12.037 Mineral County 4,584 Hawthorne Township 1 4.584 Nye County 45,456 Beatty Township 2! 109 Pahrump Township 38,413 Tonopah Township 4,934 Pershing County 6,714 Lake Township 6,714 Storey County 1 3,974 Virginia City Township 3.974 v\'ashoe County 436797 Incline Village Township 11,710 Reno Township 281,580 Sparks Township 140,663 Wadsworth Township 2.844 White Pine County 10.218 Ely Township 1 10.218 Nevada 2.843,301 Note: Judicial Township Boundaries may not correspond to incorporated cities and are estimated using a different method than the city/town eat mates. Because of this they will differ from city estimates.