Legislative leaders revive plan to change selection of judges

CARSON CITY -- A proposed constitutional amendment to change how Nevadans elect judges rose from the dead Wednesday, five days after the Assembly Judiciary Committee killed it.

Senate Majority Leader Bill Raggio, R-Reno, ordered the proposal revived during closed-door budget negotiations with Assembly Speaker Barbara Buckley, D-Las Vegas.

As leaders of their houses, they have power to issue waivers to revive legislation that has been killed in committee.

Both expressed support for the plan, Senate Joint Resolution 2, during a hastily scheduled Judiciary Committee hearing.

The resolution, sponsored by Raggio, would allow voters to adopt a so-called Missouri Plan system of appointing District Court judges and Supreme Court justices. Currently in Nevada, judges and justices run in open elections.

After initially being appointed to their jobs by a selection committee, the judges and justices who want to continue in the positions would appear on the election ballot for retention or rejection by voters.

A judge getting less than 60 percent of the vote would not be retained, and a new judicial appointment would be made.

For the proposal to become law, both houses of the Legislature must approve the proposal this year and again in 2009, and Nevada voters in 2010 must approve it.

Raggio said SJR2 would reduce the need for judges and justices to solicit campaign contributions, since they would not be running against an opponent.

"I hate to see judges have to go out and promise they will do one thing or another," Raggio said, noting he has practiced law in Nevada for more than 50 years. "There is a perception" that contributions will lead to favorable decisions in cases.

The Los Angeles Times ran stories in the summer that implied justice was for sale in Nevada because judges had to solicit contributions from lawyers who had cases before their courts.

Raggio said the proposal he is advocating is not unusual, since 24 states already have a form of judicial retention elections.