Feuding judges may let chips fall where they may to settle on new chief

The split should be obvious on June 24 when a new chief judge is elected to replace Chief Judge Bert Brown, who said he didn’t know who is running or how the split may fall. He is preparing for a tie.

Other sources said the race for the chief’s job is set in stone and is between Judge Cedric Kerns and Judge Betsy Kolkoski. The split is 3-3, they say.

Kerns has the backing of Brown and Judge Cynthia Leung, the newest judge on the bench.

And Kolkoski is backed by Judges George Assad and Martin Hastings.

Unless there’s a change of heart between now and then, breaking the likely tie, the new chief judge will be decided the old Nevada way — luck.

Prior to 2007, the chief judge was chosen by seniority, which kept the job in the hands of one judge. But at the urging of Kolkoski and Assad, the 2007 Legislature changed the city of Las Vegas charter so the chief judge is elected.

In Reno, the job is simply rotated, which removes some of the conflict among judges. The chief judge can promote policy changes. represent the court at official functions and speak for the court, so it’s a higher profile position. The chief judge is also the person who handles the administrative and personnel headaches.

Now that a tie is likely, Lady Luck will determine the next chief judge in Las Vegas Municipal Court.

While it could be the flip of a coin or the choice of a card, Brown said he has another way. He obtained two city of Las Vegas ceremonial chips, one yellow and one black, and will place them in a cloth bag and let the court administrator pick the chip. The tied candidates will choose whether they want to be yellow or black, he said. (Knowing of the longtime animosity between Kerns and Kolkoski, even that may be contentious.)

Brown hasn’t picked the election site yet, but said he may want it in a courtroom where it can be videotaped.

If you caught my Thursday column, you know that videotaping is a touchy issue between Brown and Assad. Brown wanted all six judges to videotape what goes on in their courtrooms, but some judges choose to use only the audio system. Others use court recorders. Assad is an audio man.

After a series of testy e-mails with Assad, Brown was advised by a Judicial Discipline Commission official that it’s up to the individual judge to choose a recording system, not the chief judge.

Of course, this isn’t the only court where judges have personality conflicts. Do I need to say the two words: Elizabeth Halverson?

Although unseemly, feuding between judges only matters when it affects how justice is administered. And so far, I haven’t heard that the public is harmed by the disputes among the Municipal Court judges.

But the infighting looks common and injudicious.

A judge who is more authoritarian, as Kerns has been in the past when he was chief judge, can drive other judges batty.

Kerns was the first judge to raise the video issue, and I’m told Assad believes it’s in retaliation for Assad’s efforts to change how to choose a chief judge, which ended the seniority system and Kerns’ right to hold the job until he either died or lost an election.

Kerns, elected in 1997, is the longest serving judge. Brown was elected in 1999, Kolkoski has been on the bench since 2000, Assad since 2002, Hastings since 2007 and Leung since 2008, when Chief Judge Toy Gregory died. (Hastings is in the enviable position of getting the best rating in the Review-Journal’s “Judging the Judges” survey.)

It should be fun to attend the judge’s June 24 meeting and see if every judge is judicious and on their best behavior, or if some decide to make comments that drive the wedge between the factions even deeper.

Just remember, judges, YouTube is not your friend. Play nice.

Jane Ann Morrison’s column appears Monday, Thursday and Saturday. E-mail her at Jane@reviewjournal.com or call (702) 383-0275. She also blogs at lvrj.com/blogs/morrison/.