Based on population figures, Clark County Family Court would need five new judges to handle burgeoning caseloads.
Chuck Short, administrator for the Eighth Judicial Court, told a legislative subcommittee hearing on Family Court Wednesday that a bill is being drafted to be presented at the next Legislature to expand the eight-member court to 13. This would establish equity between the Washoe Family Court, which has been praised throughout the subcommittee hearings for its efficiency, and the Clark County court, which has been widely criticized.
In 1997, the three family judges in the Second Judicial District in Washoe handled 102,900 cases per capita, compared to the eight judges in Clark County who handled 149,025 cases per capita. The projected 1999 figures are 104,953 per-capita cases in Washoe and 163,380 per-capita cases in Clark.
The cost to the state Legislature for one new judge would be $125,000; the cost to Clark County per judge would be $500,000. The figures include the judge's salary as well as staff -- bailiff, law clerk, secretary, two court clerks -- and court chamber costs.
When asked whether adding five judges would take care of all the problems in the court, Short said it's not that simple because the system is so complex. He said the main areas to be addressed -- and which have elicited the most criticism -- are access, consistency and timeliness.
Much of the testimony at Wednesday's hearing centered on the pros and cons of rotating judges and appointment of a chief judge to resolve some of those problem areas.
District Court Chief Judge Myron Leavitt favored rotating judges in and out of Family Court to expedite cases and alleviate burnout. He proposed changing the state law that gives Family Court judges "original and exclusive jurisdiction." Then, he said, civil judges could be rotated in and out of Family Court on a voluntary basis. He said all District Court judges should be able to handle all types of cases -- civil, criminal or domestic law. He said that as chief judge, he needs the flexibility to move judges where they're needed.
Some subcommittee members expressed concern whether there would be enough "volunteers" on a rotation basis since judges generally shy away from Family Court. Leavitt said he believed there would be enough, adding that he preferred the term "reassignment" to "rotation." He said if there were no volunteers, he would advocate reassigning judges on a temporary basis according to seniority.
Hunter Hurst, director of the National Center for Juvenile Justice, said a study among judges found that the rotation system has strengths, but its greatest weakness is that it contributes to a "leaderless syndrome."
"Rotation increased autonomy and decreased accountability," he said.
It discourages career specialization (in family law) and is a strong disincentive to training, he said.
As for a chief judge system, Hurst said, "Judges are strong people. They don't select leaders easily and they follow leaders less easily."
He said Family Court should be a specialized field, and if the "original and exclusive jurisdiction" clause were removed in Nevada, the Legislature would be "issuing a license to put it (Family Court) to death."
Judge Scott Jordan of Washoe County agreed that Family Court should be specialized, saying that the family division has much broader jurisdiction and there's a great deal of knowledge judges must learn.
Jeremiah Jeremiah, chief judge of the Rhode Island Family Court, said a family judge also needs compassion and understanding.
He agreed with Leavitt that a chief judge system can help improve a court's efficiency. Jeremiah oversees 11 judges in his jurisdiction. The judges, who are appointed for life, elect the chief judge for the same life term. In Clark County District Court, the judges are elected, and they in turn elect a chief judge for a two-year term.
As chief judge, Jeremiah does not have the authority to change other judges' decisions. "That would (cause) chaos in the system," he said. He does, however, track whether cases are being disposed of in a timely manner. The court has confidential forms for litigants to fill out. If there are problems, "it's my responsibility to talk to that judge," he said.
Jordan said a specialized Family Court judge serves a leadership role in the community. The three Washoe judges have started 30 community initiatives, he said.
When asked why the Washoe court is working and Clark County's is not, Jordan pointed to what he called two significant differences:
"The caseload in Clark is twice that of Washoe and and we have a collegial court -- three judges and four masters who have consistent policies and procedures and who get along well.
"That's not the case in Clark County," he said. "There is a lack of cohesion in the court. Unfortunately it won't be addressed until the personal differences are resolved."
The inability of Clark County Family Court judges to be a cohesive unit and inconsistent rulings have been recurring themes throughout the subcommittee's hearings.
When asked whether the court could track cases and give the public indicators on judges' performances, Chuck Short said the judges have agreed to allocate $75,000 for improvements to the computerized case-management system. It will take three months to test it and six months before it's fully operational.
Assemblywoman Genie Oh-renschall, a subcommittee member who has been fighting child neglect charges in Family Court involving her 16-year-old daughter, questioned several speakers about the constitutional rights of the children in domestic cases.
She asked what specific local procedures were in place to protect the constitutional rights of juveniles.
Jordan said a public defender is appointed for every child charged in the Washoe juvenile system. Every child in an abuse/neglect case is appointed a guardian ad litum through the CASA (court-appointed special advocate) program. He said there is a greater number of CASAs in Washoe than in Clark.
"The best way to serve children is to get domestic cases out of the adversarial mode," Jordan said. "We resolve virtually all pre-trial motions in a less litigious, less adversarial manner as possible."
Ohrenschall asked him at what age in a divorce case a child get to express his opinion on where he wants to be, and whether it's given any weight.
Jordan said that in Washoe County, children are consulted on a case-by-case basis. He believes they should not be consulted until they're 12 or 13.
A Supreme Court ruling says the opinions of children over 14 must be considered, Jeremiah said, adding that the court -- and not the child -- must make the decision on with whom the child should live.
He added that in Rhode Island, CASA workers are attorneys who appear on behalf of children in neglect and abuse cases. In Clark County, CASA workers are volunteers and they only are assigned to some cases.
Jeremiah noted the difference in cost between using court-appointed attorneys vs. CASA attorneys: $4 million vs. $750,000.
Child Support Hearing Master Thomas Leeds said a child's needs should be addressed at the beginning of every case, which would make the system more efficient. He presented a model to the subcommittee to streamline cases, giving judges more time to handle the more contentious cases.
Family Court Judge Fran Fine, who along with Judge Dianne Steel attended the day-long hearing, pointed out that although the judges started off with a backlog when the Family Court was established, they are moving 90 percent of their cases through the system within a year.
She told the subcommittee it's unfair to compare Clark County's problems with Washoe's success.
"We only hear the bad, never the good," she said. The good, she added, includes establishment of a night court for uncontested cases and mandatory mediation.
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