How the new state appeals court will work

nv appeal court

Nevada Supreme Court Chief Justice James W. Hardesty administers the oath of office to newly appointed Court of Appeals Judges Michael P. Gibbons, Abbi Silver, and Jerome T. Tao.

Former Douglas County District Judge Michael P. Gibbons has been selected as the first chief judge of Nevada’s new appellate court.

Newly selected Court of Appeals judges Jerome T. Tao, Gibbons and Abbi Silver took the oath of office on Monday in a ceremony held in the courtroom of the Nevada Supreme Court in Carson City.

The judges were joined by Chief Justice James W. Hardesty, the justices of the Supreme Court and family in a historic ceremony signifying the start of a new era in Nevada justice.

The Court of Appeals adds an appellate court to Nevada’s judiciary with the aim of reducing a sizeable backlog in appellate cases and, eventually, shortening the time for resolution of all appeals in Nevada.

Chief Judge Gibbons will preside over the proceedings of the Court of Appeals and speak publicly for the court.

Today, the Court of Appeals will receive its initial assignment of 167 cases from Hardesty. The judges of the Court of Appeals will begin reviewing these cases for resolution or hearing within the next 90-120 days.

The judges are scheduled this week for education and training related to the processes and procedures of the Court, a tour of the Supreme Court Law Library and meetings with the Court Clerk and the Administrative Office of the Courts, to review court operations, technology, and the hiring of judicial staff.

A formal judicial investiture for the Court of Appeals has been scheduled for 10 a.m. Jan. 12 at the Carson City Community Center.

Will it really work?

Without any doubt, I knew the first three judges on the new Nevada Court of Appeals would consist of a minority, a woman and one white male. One would be from Northern Nevada, two from Las Vegas. All would be well qualified. It would be the politically astute thing for Gov. Brian Sandoval to do. He wouldn’t pick anyone not capable of performing well because it would reflect badly on him.

For once, I’m correct.

The three appellate judges sworn in Monday were all sitting district court judges:

— Department 1: Jerome Tao, 46, an Asian-American, a Democrat and former speechwriter for U.S. Sen. Harry Reid. In this department, the screening panel had also recommended Washoe County District Judge David Hardy and Las Vegas attorney Kirby Smith.

— Department 2: Michael Gibbons, 58, a Republican and a Douglas County district judge for 20 years. He’s also brother to Nevada Supreme Court Justice Mark Gibbons. His competitors were Las Vegas attorney Thomas Beatty and Clark County District Judge Susan Johnson.

— Department 3: Abbi Silver, 49, a Republican who has won election to three different courts. Her rivals for the spot were retiring District Judge Allan Earl, who wanted to top off his career by serving two years on this historic first court, and Northern Nevada attorney Joan Wright.

The Commission on Judicial Selection started with a list of 36 people vying for three seats. Each had to file for a specific department. The seven-member panel recommended their top three choices in each department, and those were the only options Sandoval had. He interviewed each of the nine personally before making his choices.

With nine qualified candidates, Sandoval, a former federal judge himself with experience about the qualities of a good judge, had to make political choices as well.

Tao was appointed to the District Court by Sandoval in 2011, so he had already been vetted by the GOP governor. Plus he received a strong retention rating of 86 percent in the Review-Journal’s 2013 “Judging the Judges” survey he has been a prosecutor, public defender, civil trial attorney and Reid’s speechwriter. Reid considered him for a federal judgeship in 2009, and in 2004 Tao failed as a candidate when he tried to unseat then-County Commissioner Chip Maxfield.

As a minority and a Democrat, he’s a two-fer.

Michael Gibbons was the only Northern Nevada judge competing in Department 2, which put him in the catbird’s seat because the plan all along was for the three judges to be sworn in Jan. 5 and get right to work. (As I was interviewing Chief Justice James Hardesty for the column, the threes were being trained on their new computers in Carson City). A District Court judge for 20 years, Gibbons was named the chief judge on the Court of Appeals. His community activism helped.

The only downside with Gibbons is that he and his brother look much alike, and it’s inevitable that photos of them will mistake one for the other.

So if he’s the white, male judge from Northern Nevada, that fills that single slot. So what female from Southern Nevada is left?

Silver is the last woman standing that fits that description in her group. She has a 65 percent retention rating from attorneys participating in “Judging the Judges.” As a prosecutor, she convicted the stalkers of Reid, Steve Wynn, comic Jerry Lewis, former Sheriff Jerry Keller and former Sen. John Ensign. She was elected to the Las Vegas Municipal Court in 2003, the Las Vegas Justice Court in 2005 and to the District Court in 2009 and 2014.

All three will have to run again in two years. This court is considered a possible stepping stone to the Nevada Supreme Court.

Speed was a priority in the selection. Both Hardesty and Sandoval wanted judges who could get to work quickly. That wish seemed to eliminate some attorneys who might need time to wind down a law practice and favor incumbent judges.

Fifty-four percent of the voters approved the new court on Nov. 4, and the screening panel had the nine names forwarded to Sandoval by Dec. 4. He announced his choices Dec. 17, and in just two months, the court has become a reality.

“What we’ve accomplished is pretty remarkable.,” said Justice Hardesty, one of the leading advocates for the appeals court. “I believe we are not only being very thrifty with what we decided to do, but believe we’re being very consistent with what we told voters in proposal.”

Voters were told the new court would mean faster decisions in court cases. The three judges will be under the spotlight to make sure that actually happens.

While the overall operating cost is estimated to be $1.5 million a year, that will come out of the existing Supreme Court budget.

The appeals judges will have offices in the Regional Justice Center as well as in the Supreme Court Building in Carson City, since they will be hearing cases from all over the state. The existing courtroom on the 17th floor in Las Vegas will be used, and there will be some remodeling, about $450,000 worth, to provide offices for the judges, their executive assistants and two law clerks each.

Hardesty said there is existing space for the new judges and their staffs in both Las Vegas and Carson City. “It requires us to move a few walls.” The court already budgeted $70,000 for office furniture in Las Vegas and less than $21,000 for additional computers.

By May 1, he hopes to have everyone situated north and south.

Hardesty has already assigned 167 cases to be decided by the Court of Appeals. The intent is for the appeals court cases to never end up in the Supreme Court, unless for some reason they are assigned there first. So there won’t be two appeal stages, just one.

The types of cases going to the Court of Appeals is a long list but includes certain death penalty cases, cases involving judicial discipline, election questions, attorney discipline, disputes between branches of governments, business court cases, termination of parental rights and others. The appeals court is expected to hear about one-third of all the cases filed.

Sandoval now will be able to choose three more district court judges to replace the three he chose, using the same process of a screening panel forwarding him three names for each seat. Since I favor merit selection and retention elections over election of judges, I’m fine with that.

But I’m not so innocent that I don’t know that when the final decisions are made, politics will play a role. And I’m fine with that, too.

Only Sandoval knows what went on in his decision-making. But trust me, politics and a commitment to diversity on the bench played a role. That’s the reality of today’s world. And yesterday’s.

Jane Ann Morrison’s column appears Thursdays. Email her at jmorrison@reviewjournal.com or leave a message at 702-383-0275. Find her on Twitter @janeannmorrison.

Nevada Court of Appeals set to begin work Monday

A new Nevada state Court of Appeals is gearing up to begin work Monday with three appointees.

Former state district court judges Jerome Tao and Abbi Silver from Las Vegas and Michael Patrick Gibbons from Minden were elevated to the new court by Gov. Brian Sandoval.

Nevada had been one of 10 states in the nation without an intermediate appellate court until voters in November amended the state constitution.

All civil and criminal appeals from the state’s more than 80 district courts will still go to the seven-member Nevada Supreme Court.

The high court is on pace to render about 2,300 rulings this year and has a backlog of more than 2,100 cases.

The justices will assign or “push down” about 700 to 800 cases a year to the Court of Appeals.

Two Vegas judges appointed to new state court of appeals

Gov. Brian Sandoval on Wednesday named Jerome “Jerry” Tao, Michael Patrick Gibbons and Abbi Silver as inaugural appointments to the newly created Nevada Court of Appeals.

The three were among nine finalists recommended by the Nevada Commission on Judicial Selection.

“I was incredibly impressed by all of the finalists for the Nevada Court of Appeals,” Sandoval said. “This was a difficult decision due to the number of accomplished and qualified applicants. I am confident that Jerry Tao, Michael Gibbons and Abbi Silver will work tirelessly to build this new court swiftly and smoothly. These fine individuals will refine and enhance Nevada’s system of jurisprudence.”

Tao currently serves as a Clark County district judge. He also is a former prosecutor and public defender.

Silver is a Clark County district judge and a former prosecutor.

Gibbons is a Douglas County district judge and a former prosecutor.

Silver, who also has served as a judge in Las Vegas Municipal and Justice courts, said she was on the bench, overseeing a post-conviction hearing, when she received the governor’s call.

“I’m so excited to be a part of history here in Nevada,” Silver said. “I’m really looking forward to the challenge of handling a portion of that overwhelming caseload of the Nevada Supreme Court.”

Tao said he was surprised by the appointment.

“There were some really excellent candidates,” he said. “Any one of them would have made an excellent judge.”

He believes serving on the appellate court presents an opportunity to assist the high court and help shape state law, “and as a judge, you can’t ask for more than that.”

The judges are expected to move into their new offices by Jan. 5 and start hearing cases that week.

“This is a court that Nevada has needed for a long time,” Tao said. “Justice delayed is justice denied. That’s a saying, but it’s also a very real thing here in Nevada.”

A group of senior judges, as well as sitting judges, will be assigned to cover Clark County District Court caseloads for Silver and Tao.

At the close of a ceremony for retiring judges in the Regional Justice Center on Wednesday, David Barker, who will take over as chief district judge next month, acknowledged Silver and Tao.

“Remember, come from the perspective that we’ve done it right,” he joked.

Contact reporter David Ferrara at dferrara@reviewjournal.com or 702-380-1039. Find him on Twitter: @randompoker

Nevada Court of Appeals Accepts 36 Applications for 3 Judicial Positions

A total of 36 individuals have applied for three open judicial positions on the Nevada Court of Appeals.

The applicants will now be interviewed by the Nevada Commission on Judicial Selection, which will forward the names of 9 individuals, 3 for each department, to Governor Brian Sandoval for his consideration and selection.

Governor Sandoval has indicated a desire to select 3 judges for the Court of Appeals without delay to allow the court to begin considering cases as early as January 2015.

The following individuals applied for the designated judicial departments:

Court of Appeals – Department 1

  • Janet L. Chubb, 71, Kaempfer Crowell
  • Michael D. Davidson, 60, Attorney, Kolesar & Leatham
  • Chris W. Davis, 54, Attorney, Chris Davis, Esq.
  • Robert E. Gaston, 75, Attorney, Gaston Resolution
  • David A. Hardy, 50, District Court Judge, Second Judicial District
  • Robert A. Nersesian, 57, Attorney, Nersesian & Sankiewicz
  • Janet C. Pancoast, 55, Attorney, Cisneros & Marias
  • Kirby J. Smith, 57, Attorney, Lionel Sawyer & Collins
  • Julien G. Sourwine, 75, Attorney, Sourwine & Sloane, Ltd.
  • Jerome T. Tao, 46, District Court Judge, Eighth Judicial District

Court of Appeals – Department 2

  • Thomas D. Beatty, III, 72, Attorney, Law Offices of Thomas D. Beatty
  • Michael Patrick Gibbons, 58, District Court Judge, Ninth Judicial District
  • William B. Gonzalez, 53, District Court Judge, Eighth Judicial District
  • Susan Holland Johnson, 55, District Court Judge, Eighth Judicial District
  • Thomas G. Kurtz, 63, Court Hearing Master, Eighth Judicial District
  • Alan J. Lefebvre, 61, Attorney, Kolesar & Leatham
  • Anat R. Levy, 52, Attorney, Anat Levy & Associates
  • Kerry Z. Malone, 53, Attorney, Nevada Supreme Court
  • Michelle L. Morgando, 55, Attorney, State of Nevada, Department of Administration, Hearings and Appeals Division
  • Richard Wayne Sears, 68, Attorney, Sears Law Firm, Ltd.
Court of Appeals – Department 3
  • Jeffrey R. Albregts, 57, Attorney, Cotton, Driggs, Walch, Holley Woloson & Thompson
  • Karl W. Armstrong, 56, Attorney, Ray Lego & Associates
  • James Shields Beasley, 70, Attorney, Law Offices of James Shields Beasley
  • Barry Louis Breslow, 52, Attorney, Robison Belaustegui Sharp & Low
  • Allan Ray Earl, 73, District Court Judge, Eighth Judicial District
  • C. Stanley Hunterton, 66, Attorney, Hunterton & Associates
  • Paul Dee Johnson, 57, Attorney, Clark County District Attorney’s Office
  • Annie J. Kung, 43, Attorney, Kung & Brown
  • Brian T. Kunzi, 56, District Attorney, Nye County
  • Aaron D. Lovaas, 44, Attorney, Global Business Lawyers USA – Lovaas & Lehtinen
  • Aurora Maria Maskall, 51, Attorney, Lee Hernandez Landrum & Garofalo
  • Michael R. Montero, 48 , District Court Judge,  Sixth Judicial District
  • Joseph R. Plater, 55, Attorney, Washoe County District Attorney’s Office
  • Douglas R. Rands, 55, Attorney, Rands South & Gardner
  • Abbi Silver, 49, District Court Judge, Eighth Judicial District
  • Joan Chisholm Wright, 62, Attorney, Allison Mackenzie Pavlakis Wright & Fagan

Applicants were permitted to apply for only one of the three seats on the Court of Appeals. Applicants also were permitted to withdraw from the application process prior to the application deadline. No applications were withdrawn. The public portion of each application will be posted to the Commission’s website within a few days.

Chief Justice Mark Gibbons will recuse himself from participating in interviews and selection of candidates in Department 2. Associate Chief Justice Kristina Pickering will lead the interview and selection process for the Department 2 candidates.

The Commission invites written public comments about the qualifications of the applicants.  Comments should be submitted in writing by November 26, 2014 to:

Robin Sweet
Secretary, Commission on Judicial Selection
Nevada Supreme Court
201 S. Carson St. Ste 250
Carson City, Nevada, 89701