RJ endorsements: Nevada Supreme Court, District Court, Family Court primaries

The coronavirus threat has prompted officials to make significant changes to Nevada’s June 9 primary election. While a handful of precincts will be open in Clark County on the election day, the balloting will be conducted primarily by mail in order to limit the risk of infections.

The 2020 primary is of greater importance this year because a significant number of contests — particularly for judicial seats — could potentially be decided in advance of November’s general election. Under Nevada law, candidates in nonpartisan races with more than two entrants will be declared victorious if they amass better than 50 percent of the vote in the primary. Otherwise, the top two vote-getters advance to the general.

Judicial races provide unique challenges for voters. The candidates are generally highly educated and well-qualified, yet they are traditionally more low-profile and reluctant to discuss political philosophy. In the interest of providing readers with more tools to assess the judicial seats that may be decided in the primary, the Review-Journal conducted a series of candidate debates that are available online.

Below, we offer our recommendations in selected judicial contests.

Nevada Supreme Court

Two seats on the Nevada Supreme Court may be filled following the June primary.

In Department B, Chief Justice Kristina Pickering faces Esther Rodriguez and Thomas Christensen. Chief Justice Pickering has served two terms on the high court and has proven a consistent defender of open government. When a District Court judge ordered the Review-Journal to destroy certain autopsy records it had obtained, she authored the opinion overturning that decision. “The First Amendment does not permit a court to enjoin the press from reporting on a redacted autopsy report already in the public domain,” she wrote. The chief justice received good scores in the Review-Journal’s Judging the Judges survey last year, with 75 percent of responding attorneys in favor of her retention. The Review-Journal recommends a vote for Kristina Pickering.

In Department D, three candidates — Assemblyman Ozzie Fumo, District Court Judge Douglas Herndon and former Assemblyman Erv Nelson — seek to replace Supreme Court Justice Mark Gibbons, who is retiring. Judge Herndon has regularly earned high marks in the RJ judicial survey, receiving an 85 percent retention rating last year. Judge Herndon has 15 years experience on the bench and understands the importance of constitutional principles such as the separation of powers. He also had the humility to come forward last year in support of a bill to compensate those who have been wrongly convicted after it was revealed he had, as an assistant prosecutor, played a role in such an injustice. Judge Douglas Herndon is our choice.

District Court

For District Court Department 2, we recommend a vote for Carli Kierny, a public defender with a decade of experience. Incumbent Judge Richard Scotti has had temperament problems and received a substandard retention rating of 52 percent in the RJ judicial survey. In addition, last year he misapplied state open record statutes regarding the availability of autopsy reports.

In District Court Department 3, Adam Ganz, with 20 years of civil experience stands out. Mr. Ganz describes himself as a “strict constructionist” who would avoid activism from the bench.

In District Court Department 4, attorney Phil Aurbach is the best choice to replace retiring Judge Kerry Earley. Mr. Aurbach has 42 years of legal experience and the demeanor to make a fine jurist.

In District Court Department 5, attorney Terry Coffing has 28 years legal experience in Southern Nevada in both civil and criminal law. Mr. Coffing sits on the Board of Governors of the Nevada State Bar and has served a judge pro tem for 15 years. He vows to emphasize “efficiency, transparency and consistency.”

In District Court Department 15, there’s no compelling reason to replace incumbent Judge Joe Hardy Jr., who is seeking a second term. Judge Hardy was ranked in the top third of District Court jurists in the RJ’s 2019 judicial survey and has been a consistent defender of public records.

In District Court Department 19, incumbent Judge William Kephart faces two challengers. Judge Kephart has had his issues, including a 55 percent retention rating in Judging the Judges. But he is the best choice in this field.

In District Court Department 21, Jacob Reynolds is our pick to replace retiring Judge Valerie Adair. Mr. Reynolds has practiced law for 14 years and describes himself as a “originalist, constitutionalist and also a textualist.”

District Court Judge Stephanie Miley declined to seek re-election in District Court Department 23. Karl Armstrong, a senior appeals officer for the Nevada Department of Administration with 30 years legal experience, would be our choice in this crowded field.

In District Court Department 24, five hopefuls are seeking to replace retiring Judge Jim Crockett. Our choice is Mickey Bohn, who has more than three decades of legal experience, including 25 years as a court-appointed arbitrator.

In District Court Department 28, incumbent Judge Ron Israel has two challengers. Judge Israel was one of two District Court jurists that failed to achieve a 50 percent retention rating in our 2019 judicial survey, coming in at a dismal 46 percent. Jim Cavanaugh, a former Marine who has 27 years legal experience and understands the folly of clogging our jails with nonviolent offenders, gets the nod.

Family Court

Eleven seats in Clark County Family Court, including four newly created positions, could be decided in the June primary election if one candidate earns more than 50 percent of the vote. Over the next few days, the Review-Journal will offer recommendations in those Family Court races.

In Department A, incumbent Judge William Voy faces former judge Gayle Nathan and Cheryl Wingate. The latter is Judge Voy’s sister-in-law, which has raised eyebrows and led to allegations of a vote-splitting ploy. Regardless, Judge Voy, who presides over the Juvenile Detention Court, has a positive reputation after 20 years on the bench, as evidenced by his healthy 80 percent retention rating in the Review-Journal’s 2019 judicial survey. Judge William Voy is a devoted advocate for the children who come through the system and worthy of another term.

Three candidates are vying to replace outgoing Judge Cheryl Moss in Department I. Two of them, Soonhee “Sunny” Bailey and Yvette Chevalier Lopez, have significant experience in Family Court. The third, Michelle Tobler, chose not to take part in an RJ debate. Ms. Bailey has an impressive background, having served as a public defender, a private attorney and a hearing master for juvenile cases. We urge a vote for Sunny Bailey.

Two challengers, J. Scott McDonald and Dedree Butler, are looking to unseat incumbent Judge Rena Hughes in Department J. Judge Hughes had issues in her first term, including a public reprimand from the state Commission on Judicial Discipline involving her handling of a custody case. She also scored poorly in the RJ’s judicial survey, as just 42 percent of attorneys who responded felt she should be retained. Both Mr. McDonald and Ms. Butler, a public defender, have spent time in Family Court, but the former’s 35 years of experience, including in divorce, custody and guardianship cases, tips the scales. We support J. Scott McDonald.

Judge William Potter opted not to seek re-election in Department M, prompting four candidates — Lynn Hughes, Robert Kurth, Amy Mastin and Mandy McKellar — to enter the race. In our opinion, Ms. Mastin’s background makes her the best choice. She has 23 years of legal experience, including a decade as a family law attorney and, most recently, as a hearing master in civil domestic violence court. Amy Mastin is our choice.

In Department P, Sara Dayani, Fred Page and Mary Perry are vying to replace outgoing Judge Sandra Pomerenze. Ms. Dayani has been a law clerk for a decade but has scant experience in the courtroom. Mr. Page declined to participate in an RJ debate. Ms. Perry, who graduated with the first class of UNLV’s Boyd School of Law in 2001, has experience in Family Court and has served as a truancy diversion judge. Vote for Mary Perry.

Incumbent Judge Vincent Ochoa faces challenges from Regina McConnell and Lisa Szye in Department S. Judge Ochoa has been on the bench for a decade, but received mediocre marks from attorneys over the years in the Review-Journal’s judicial surveys, including a 52 percent retention rating in 2019. Nearly half the respondents last year disagreed that the judge was “familiar with the case record and documents.” That’s a problem. Ms. McConnell has practiced law since 2003, focusing on family matters for the past 13 years. She vows to speed up the process for litigants struggling with the emotional Family Court process. We recommend Regina McConnell.

In Department U, Marilyn Caston, Bill Gonzalez and Dawn Throne are vying to win this newly created position. Mr. Gonzalez previously served five years as a Family Court judge, but lost his re-election bid in 2014 after an unremarkable tenure. Ms. Caston is a solid candidate, but Ms. Throne’s 24 years of experience and deep background in family law make her the best choice. for this department. We urge a vote for Dawn Throne.

Three hopefuls — Craig Bourke, Jack Fleeman and Margaret Pickard — are seeking the new seat in Department V. Mr. Fleeman, a former EMT who has practiced law since 2007, is a certified family law specialist and has extensive courtroom experience in family law cases. Ms. Pickard has been an attorney since 1990 and has served as a hearing master in Family Court as well as taught family law classes at UNLV’s Boyd Law School. Clark County voters can’t go wrong with either Jack Fleeman or Margaret Pickard in this race.

The contest for the new post in Department Y features Maricar Andrade, Stephanie Charter and Kari Molnar. All three have Family Court experience, but Ms. Charter has been both a prosecutor dealing with child abuse and neglect cases as well as a private attorney handling guardianship, divorce and custody matters. We urge a vote for Stephanie Charter.

Department Z, another new seat, features a four-way contest among Randall Forman, Michele Mercer, Romeo Perez and Kevin Speed. Mr. Speed is a public defender with little background in family law. The remaining candidates have years of experience in Family Court, but we give the edge to Michele Mercer, who has served as a hearing master in Family Court for more than a decade.

In a three-way race for Department T to replace outgoing Judge Lisa Brown, the Review-Journal offers no endorsement.