Power of incumbency argues for changing way judges chosen

The ongoing argument over electing judges versus appointing them seemed irrelevant Wednesday evening. The list of judicial candidates at that time showed every single incumbent who will be on the ballot in Clark County had no challenger.

Yet there are candidates galore for the open seats.

The candidate list as it now stands is a testimonial to the power of incumbency.

Judges have a different filing period than the rest of Nevada candidates: It's earlier and shorter. If no opponent files against an incumbent, the judge doesn't go through the unseemly act of begging for money. The deadline to file is 5 p.m. Friday, so perhaps this free ride for all incumbents will change.

Amazingly, even two judges who have faced domestic abuse issues since they last ran -- Las Vegas Justice of the Peace Tony Abbatangelo and Family Court Judge Steve Jones -- have no challengers.

Abbatangelo pleaded no contest to a misdemeanor battery domestic violence count in February. He was sentenced to two days in jail and ordered to perform community service and attend domestic violence counseling. He is now divorced. But he was accused of attacking his wife during a fight at the couple's home in November 2008, grabbing her by the neck and choking her.

Jones was acquitted of domestic battery in 2006 after his live-in girlfriend recanted her testimony on the stand. Before she flip-flopped, Amy McNair testified Jones had a history of abusing her. Afterward, she said she lied because of her alcoholism. But Jones' history involving questionable associations and questionable actions raises plenty of doubts about whether he's the best judge for Family Court, or any court.

Yet at this point voters have no alternatives to Abbatangelo or Jones.

The only incumbent whose seat drew challengers was Las Vegas Justice of the Peace Nancy Oesterle, and she confirmed Wednesday she's not going to run for anything in this election cycle. She's looking at a multitude of other options. (More about Oesterle in my blog.)

Now there is plenty of competition for newly created seats where no one has staked a claim. Seven new District Court judgeships, bringing the total to 32 judgeships, drew plenty of attorneys.

Over in Family Court, six incumbents (including Jones) are unopposed, while nine attorneys have filed for the two open seats.

The same holds true for Las Vegas justices of the peace, where no challengers are disturbing their peace.

But new seats see plenty of interested contenders.

Deputy District Attorney Bill Kephart is one of two contenders for Oesterle's seat. He ran two years ago against District Judge Jessie Walsh and learned about the power of incumbency first hand. The veteran prosecutor raised money, won important endorsements (including both newspapers) and ran against a judge with a poor ranking in the Las Vegas Review-Journal's "Judging the Judges" survey.

He still lost by 18,733 votes. The power of incumbency.

Oesterle and I favor a judicial selection screening process followed by a retention vote in subsequent elections. If a judge is bad, toss him or her out and try again with a screening panel.

I got a good look at how a screening panel worked when two new Las Vegas justices of the peace were chosen last year. The vetting process through the screening panel provided an in-depth look at issues including financial and medical. It provided much more information than the voters ever get access to before they vote.

If no one is going to challenge judicial incumbents, what's the point of electing them?

Voters certainly deserve alternatives to Judges Abbatangelo and Jones.

Preferably quality candidates of substance -- who have to be out there somewhere in the legal community.

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.