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Campaign Seeks to Help Motorists Clear Up Unpaid Traffic Tickets

Individuals who have unpaid traffic tickets in the Las Vegas Township Justice Court will be offered amnesty until February 6, 2009 to pay an outstanding obligation.

“We are offering amnesty to anyone who wants to come in and clear up an outstanding ticket or warrant with no additional penalties,” said Chief Judge Douglas E. Smith. “Once amnesty is over, you risk additional fines, a mark on your credit report, or even arrest if you fail to take advantage of it. Amnesty is your best opportunity to take care of a longstanding obligation with the court.”

Amnesty for unpaid traffic obligations will remain in effect until February 6, 2009. Starting February 9, 2009 the court will begin enforcing warrants for all unpaid traffic tickets in the Las Vegas Justice Court. Individuals with outstanding warrants risk arrest for failure to pay an outstanding traffic obligation. The warrants will be enforced by local law enforcement.

“We are pleased to work as a partner of the court and will actively enforce warrants for unpaid tickets once this amnesty ends,” said Las Vegas Township Constable Robert (Bobby G.) Gronauer.

Individuals with outstanding traffic obligations with the Las Vegas Township Justice Court are encouraged to resolve them by calling the court’s automated phone system at (702) 671-3444 or (877) 455-1289, visiting the court’s payment website found in English: www.clarkcountycourts.us/paythefine and in Spanish: www.clarkcountycourts.us/pagarlamulta, or by coming in person to the Traffic Division Office on the First Floor of the Regional Justice Center at 200 Lewis Avenue.

A therapist and judge will soon provide therapeutic justice to individuals in the Drug Courts of the Eighth Judicial District Court.

Chief Judge Kathy A. Hardcastle has assigned Family Court Judge Jennifer Elliott to serve as the Eighth Judicial District Court’s Adult Drug Court Judge, effective Nov. 12.  In addition to her Family Court responsibilities, Elliott will preside over the Adult Criminal Drug Court, the Prison Re-entry Drug Court and the Dependency Mother’s Drug Court.

Judge Hardcastle indicated that placing a sitting judge and preparing for expansion in drug court has been a priority for the court.  “Expanding the use of the Drug Courts is good public policy,” Hardcastle said.

Judge Elliott has been a licensed attorney in Nevada since 1986, and was a licensed marriage and family therapist in Nevada, graduating from University of Nevada, Las Vegas in 1998 with a masters of science in counseling, before taking the bench in 2002.

”I am honored that Chief Judge Hardcastle and Chief-Elect Art Ritchie have the confidence in me and my judicial record to place me in charge of Drug Court, which has over 600 participants,” said Judge Elliott. “There were less than five drug courts when Judge Jack Lehman pioneered Clark County’s first Drug Court in the early 1990’s, and now there are over 2,700 drug courts nationwide.  This is because drug courts work to reduce the number of days in jail and reduce state and county costs through a reduction in the drug seeking behavior and related crimes of drug abuse.”

The District Court’s Adult Drug Court program is available as a sentencing option to defendants with a drug addiction.  The court program mandates sobriety and advocates treatment over incarceration for those willing to change.  Individuals accepted into the program must abstain from all drugs, including alcohol, and attend counseling sessions and weekly court sessions for at least one year.

Currently more than 600 individuals are enrolled in the Adult Criminal Drug Court, which has expanded to three days a week at the Regional Justice Center.  In order to share courtrooms, Judge Elliott will conduct in-custody drug court hearings  via video conference.

“We’ll do whatever we can to get our work done with the courtrooms we have,” stated Chief Judge-Elect Art Ritchie.

The Eighth Judicial District’s Drug Courts are considered models for other courts across the nation.  Since September 1992, the Adult Criminal Drug Court has served more than 9,000 people and more than over 3,900 have graduated from the program.

The District Court operates an Adult Criminal Drug Court, a Prison Re-entry Drug Court, a Juvenile Drug Court, a Dependency Drug Court, a Dependency Mother’s Drug Court, and a Child Support Drug Court.

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For more information or to arrange an interview contact Michael Sommermeyer, Court Information Officer, (702) 671-4534.

The Clark County Courts are seeking volunteers to serve in the Court Public Information Program. The program is designed to welcome court visitors as they enter the building and to assist them in getting to their destination. Training will be provided. For additional information, please click here, or email info@clarkcountycourts.us.

The Civil Division Clerk’s Office of the Las Vegas Township Justice Court will close early at 4 p.m. on Friday (Nov. 7). The last customer ticket number will be pulled at 3:30 p.m. and no new tickets will be offered to customers after that time.  The Clerk’s Office will close early to provide training aimed at improving customer service.

Customers may use the drop boxes located on the first floors of the RJC by security if they need to file an item after hours. The Civil Division Clerk’s Office will reopen at 8 a.m. on November 10, 2008.

The Clark County Courts will be closed Friday (Oct. 31) in observance of Nevada Day.

Effective November 1, 2008, the civil filing fees for the Clark County District and Las Vegas Justice Courts will increase by $3.00.  The revised filing fee schedule is available at http://www.clarkcountycourts.us/clerk/filing-fees.html.

• 10/28/2008 Clark County, courts propose higher civil fees - Courtesy of Las Vegas Review-Journal
• 10/21/2008 3 Judges Assigned To Election Disputes - Courtesy of KVVU
• 10/8/2008 PHOTO: Here Comes The Judge - Courtesy of Las Vegas Review-Journal

The Clark County Commission and the state courts believe they have found a partial solution to the perpetual problems of funding new judges and providing faster access to the justice system for civil litigants.

Nevada Supreme Court Justice James Hardesty said a “judicial business plan” will be proposed to the Nevada Legislature in 2009 to fund badly needed judgeships in Clark County.  In essence, new civil judges would be funded primarily by those who use their services instead of raising taxes.

“We analyzed civil filing fees of the states in the Western Region and found that we were at the bottom in most civil case types,” said Justice Hardesty.  Historically, base civil filing fees were last raised in 1993 and have never been raised for the purpose of funding courts.

“As revenues fail to keep pace with growth, it is incumbent upon all of us to find ways to maintain the services our community needs,” said Clark County Commission Chairman Rory Reid.  “This plan helps our courts meet the increasing demand on our justice system without raising taxes.”

Filings in civil cases have been increasing at a considerably higher rate than in criminal cases.   In fiscal year 2008, more than 34,000 civil cases were filed in Nevada; more than 27,000 of those were filed in Clark County.

In Clark County, most civil cases take three years and six months to reach a jury trial.  With the new judges, the courts are expected to catch up with growth and let most cases be resolved in less than two years.

Justice Hardesty thanked Clark County Commission Chairman Rory Reid for his leadership in “facilitating improvement to the courts.”

The Judicial Business Plan includes the recommendation of a Legislative Interim Study Committee on Chancery Courts to expand the Business Courts.  The plan would expedite access to the courts for the resolution of business lawsuits that can hamper business operations or even prompt bankruptcies and closures.  Access to Business Courts in other states has prompted businesses to relocate there.

“Nevada’s Business Courts have been very successful in resolving business disputes expeditiously, but the workloads of those courts have increased to the point where additional judges are necessary to keep pace,” said Art Ritchie, Chief Judge-elect of the Eighth Judicial District Court.  Clark County currently has two district judges assigned as Business Court judges.

Under the proposed plan, the fee increases would provide a fund that would offset the costs of new judgeships and facilities.  The Nevada Constitution specifies that the state pays for a judge’s salary and benefits, but the counties are responsible for providing court facilities, support staff and equipment.

State Bar of Nevada President Bruce Beesley said some lawyers may express “some initial unhappiness with the increases, but in a short period of time they will appreciate the addition of new judges.”

“There is a critical need for new judges in Clark County,” Mr. Beesley said.  “It is an unfortunate fact of life that everything costs more and more and as we grow we need more judges.”

New judges would be added in Clark County, but the total has not yet been determined.  That issue must be addressed by the Legislature at its 2009 session.  Increasing filing fees and adding new judges requires legislative action.  “The legislature has been consistently clear to me that agreements between the courts and the counties are critical to legislative approval,” said Judge Ritchie.

While Clark County will benefit from the fee increases for more judges, they will also apply statewide.  Washoe County could use their funds for an additional judge or for facilities needs.  Some judicial districts can utilize the funds for capital improvements rather than an increase in judicial positions at this time.

Three Clark County District Court judges have been named to hear any election-related legal questions on November 4, 2008, Election Day. Chief Judge Kathy A. Hardcastle has named Judges Douglas W. Herndon, David B. Barker and Valerie Adair to provide the necessary judicial review of any potential election concerns that are raised.

The assignment of these judges will allow litigants to seek immediate relief at a moment’s notice and assist the court in streamlining the process of addressing election concerns, according to Hardcastle.

“In an interest of fairness, it is important that we have judges available to provide immediate relief as questions arise,” said Chief Judge Hardcastle. “When an issue related to the election comes up, we want to be able to address it quickly and provide interested parties with timely access to the judicial system.”

Judges Herndon, Barker and Adair are not in contested races this election and it is unlikely they would be named as parties in an election-related action.

Second DUI Court Seeks To Increase Public Safety By Breaking Cycle of Addiction

A second DUI Court has been added in the Las Vegas Justice Court Township with funding from a grant provided by the State of Nevada’s Office of Traffic Safety. The court, presided over by Judge Nancy Oesterle, joins the other specialty court started in 2003 by Judge Tony Abbatangelo.

The second court was necessary as more offenders have entered the program. There are currently 180 individuals participating in both DUI Courts. Designed as a court-supervised, comprehensive treatment program, the DUI Specialty Court is designed to help first and second DUI offenders obtain treatment for misdemeanor DUI offenses.

Across the state, driving impaired arrests have increased to 18,235, or one arrest for every 94 drivers, according to Chuck Abbott, Director of Nevada’s Office of Traffic Safety. “For some time, we have recognized that improving law enforcement is only the first step in reducing/eliminating the problem of impaired drivers on Nevada’s roadways,” said Abbott. “The fact is DUI courts have proven to be an extremely effective way of solving the cause of the problem.”

The Las Vegas Township Justice Court plans to expand the DUI Courts to approximately 300 participants with the addition of the second court.

“The Justice Court DUI program provides intensive substance abuse treatment,” said Program Coordinator, Ray Figueroa. “We use a therapeutic court model, which means we monitor participants through House Arrest, breath testing, drug testing, Breath Ignition Interlock Device, and compliance rewards for meeting treatment goals in a timely fashion.”

Judge Oesterle volunteered to preside over the DUI Specialty Court because the program has proven to be effective. “The Court serves an important purpose instead of merely warehousing the “hard-core” alcoholics in jail and then releasing them from custody to re-offend again, we are offering them the hope of a clean and sober lifestyle. The recidivism rate is very low,” stated Oesterle.

The participants are required to pay for the expense of their own treatment plan, which is approximately $4,500. The program is cost effective for the taxpayers who would otherwise be paying for the incarceration bill. “I believe it is a win/win situation. The program represents a substantial commitment on behalf of everyone involved, including the Judge. However, we do it because we are committed to saving lives; those of the participants and innocent members of our community,” said Oesterle.

Not everyone qualifies for the Court. A team of individuals screen offenders to determine if they meet the criteria to qualify for the program. The DUI Court Judge, attorneys, treatment providers, representatives from Clark County’s House Arrest unit, and representatives from Secure Continuous Remote Alcohol Monitor (SCRAM), along with the program coordinator, Ray Figueroa, meet prior to court to review each participant’s progress before the court appearance.

“Normally, when a defendant is sentenced by a Judge to the DUI Court, there is a six-month suspended jail sentence imposed to ensure compliance within the program,” said Figueroa. This underlying jail sentence provides an incentive to finish the program and to obtain the necessary treatment to avoid further problems with drinking and driving.

As long as the individual remains compliant with all of the Court’s orders, they will not be required to serve any portion of their suspended sentence. All DUI offenders in the program are placed on House Arrest for the first 90 days of their involvement to assist in their transition into the therapeutic process. The House Arrest ankle bracelets have Global Positioning System (GPS) monitoring and a House Arrest Officer is assigned to supervise the individual during that time frame. Random drug testing and in-home breath testing units monitor individual abstinence from alcohol and give participants an opportunity to demonstrate their willingness to comply with the Judge’s orders.

Judge Oesterle begins each DUI Specialty Court hearing with “A thought of the day” which is provided in open court, before all of the participants, by one of the members in the DUI Court program. “It’s always from the heart as each person describes how the treatment program has helped them live a clean and sober life,” said Judge Oesterle. “Many times, the participants are very emotional and thankful for being allowed into a program that really improves their lives. It motivates the audience to continue with their own treatment program for the opportunity to address their own chronic alcohol problem,” said Oesterle.

DUI Court Judges utilize token compliance gifts to reward and motivate participants to complete the program, which usually takes a year to complete. Additionally, participants doing well in treatment require less court appearances as they complete each phase of treatment. However, if a participant refuses to comply or has a relapse, the Judge can impose sanctions such as ordering the offender to return to House Arrest, writing an essay, community service, or requiring additional daily AA meetings. In a small number of cases, the Judge will terminate the individual from the program and impose the suspended jail sentence. Terminations account for roughly 20 percent of the individuals accepted into the program since it started five years ago.

The program’s length is determined by the progress made by the individual participants. Once the requirements are met, individuals meet with the presiding Judge and their treatment team to review their progress and schedule a graduation date. A formal graduation ceremony is held during open court to demonstrate to other participants that the program can result in success and it also rewards the individual for successfully completing the program.

“Graduation day is an inspiring day for the individual and to those around them that have worked just as hard to help them finish the program,” said Figueroa.