CARSON CITY — The Nevada Supreme Court was asked today to decide whether the deputy marshals and bailiffs were employees of the District Court in Clark County or employees of the county.
At issue is an appeal by the Clark County Deputy Marshals Association, which wants to be allowed to bargain collectively with the county over salaries and benefits.
Daniel Marks, an attorney representing the association, told the court that marshals are considered local government employees. They, like other employees. should have the right to bargain for pay increases and other benefits, he said.
The courts decide who to hire, can impose discipline and set the schedules of the marshals. Giving the association the right to bargain does not take away any of the powers of the courts, Marks argued.
But Lawrence VanDyke, the state solicitor general representing the Local Government Employee Management Relations Board, said the county sets and pays the wages. He said the marshals and bailiffs are under the District Court in Las Vegas and are assigned to specific judges.
In prehearing briefs, the state Attorney General’s Office said, “The unrefuted evidence established that it is the courts that exercise complete control over the manner in which the deputy marshals perform their duties.”
The marshals maintain they are law enforcement officials who are part of the executive branch, not the judicial branch, of government.
The court took the arguments for consideration.