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Top Ten Offenders Fail To Contact The Court

The Las Vegas Township Justice Court’s Pay the Ticket, Avoid the Click-it Campaign has improved the number of people paying past due traffic tickets by 15 percent since the campaign began November 17, 2008.

The campaign encourages individuals with past due traffic citations to come in and clear them up before the court starts issuing warrants in February 2009.

“The results have been phenomenal and we’re just getting started,” said Chief Judge Doug E. Smith. “We’re looking forward to helping more individuals clear up their tickets and avoid a warrant in the coming months.”

Individuals with outstanding tickets can call (702) 671-3444 or go to www.clarkcountycourts.us/paythefine. ¿Habla Espanol? www.clarkcountycourts.us/pagarlamulta

This week, more than 190,000 postcards will be sent to individuals with outstanding tickets in the court.

“These outstanding fines represent obligations owed to the taxpayers of Clark County and so we are doing everything we can to alert individuals to their outstanding obligations and giving them a chance to take care of them before arrest,” said Edward A. Friedland, Court Executive Officer.

More than 190,000 individuals owe obligations to the Las Vegas Justice Court, including a list of the 10 Most Wanted Individuals with the largest number of outstanding fines with the court.

“So far none of the individuals on the 10 Most Wanted List has come in to take advantage of this program,” said Smith. “We want to help these individuals avoid further fines and possible arrest. They just need to call or come into the court, otherwise, we’ll issue arrest warrants in February.”

The Ten Most Wanted Individuals with Outstanding Traffic Fines in the Las Vegas Township Justice Court are:

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.

Clark County’s Eighth Judicial District Court has hired Wesley Yamashita to serve as Probate Commissioner. Yamashita replaces Thomas Biggar who retired in August.

Recently a partner with the law firm of Greene, Roberts, and Rasmussen, PLLC., Yamashita is a licensed attorney for the State of Nevada and was licensed in the State of Utah. He previously worked as an Alternate Hearing Master in the District Court.

Yamashita has been practicing primarily probate law in the State of Nevada for more than 20 years and was the top candidate out of an outstanding pool of applicants. He has the requisite skills and his knowledge of probate law will allow him to contribute immediately to the administration of probate matters with minimal transition time, according to Chief Judge Kathy A. Hardcastle.

Over $1 Million Paid By Phone And Web Providing Speedy Access To Justice

LAS VEGAS – February flew by yet the short month didn’t stop motorists from speeding to pay their traffic tickets. The Las Vegas Township Justice Court collected more than $1 million in traffic fines in just 29 days with its online and phone payment system. This set a new record and demonstrates that more people would rather “Leave the Line” and pay tickets at their convenience rather than stand in a line at the Regional Justice Center. Read more…

LAS VEGAS – Students in the law magnet program at Canyon Springs High School will have a precedent setting opportunity to analyze a civil trial as the Eighth Judicial District Court brings its Short Trial Program to the school beginning at 8:30 a.m. December 7, 2007 in the Leadership and Law Preparatory Academy Courtroom of the high school at 350 East Alexander Road in North Las Vegas. The visit to Canyon Springs is a partnership between the Clark County Courts and the Clark County School District.

The Short Trial Program compresses trials into a one day process that aims to complete a jury trial quickly. The parties agree to spend no more than three hours per side to present their case to the jury. The jury is smaller, with three of four jurors required to reach a verdict.

“The Short Trial concept provides the perfect educational experience for students because it takes all the elements of a complex trial and distills it down into one day,” said Judge Timothy C. Williams, who will preside over Friday’s case. “The opportunity to show young people the legal process, and give them a first-hand experience, is a wonderful teaching tool for the District Court and the Clark County School District.”

More than 600 students make up the Leadership and Law Preparatory Academy, which educates high school students on the basics of the American legal system and prepares them for leadership positions in their school and community. Students graduate with an Honors Diploma after taking classes focusing on economics, policy studies, political analysis and law.

“We are ecstatic that Judge Williams has offered our students this opportunity. It will be a great benefit to the law program and all of our students. We hope to continue this partnership in the future. I hope we can make it a permanent part of the curriculum because I know of no other high school in the country that can offer this type of educational experience to its students,” said Dr. Ronan Matthew, principal at Canyon Springs High School.

At the conclusion of the trial, students will be encouraged to visit with the attorneys, judge, marshal, court clerk, law clerk, court reporter to learn more about careers in the legal system. In addition, students will be able to question the jurors about their participation in the proceeding and why they reached a specific decision.

“By taking the Short Trial Program to Canyon Springs High School we essentially are bringing an existent court to the school and providing a learning experience,” said Alternative Dispute Resolution Commissioner Chris A. Beecroft Jr., who supervises the Short Trial Program. For instance, the court intends to further this partnership with the Clark County School District to include truancy and juvenile hearings. Other Short Trial cases are expected to return to Canyon Springs in the future.

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[Editor’s Note: To arrange interviews with Heather Wilder or Raven Asay, contact Michael Sommermeyer, Court Information Officer, (702) 671-4534.]

LAS VEGAS – They offer hope to young foster children with such titles as “Court Talk,” “Raven’s Rampages,” “Heather’s Hurts,” and “Why Do I Have to Take Medication?” The young authors of these booklets aimed at foster children, Heather Wilder, age 13, and Raven Asay, age 12, join CASA and the Eighth Judicial District Court for the Seventh Annual Light of Hope Ceremony on Thursday (April 19) to recognize the critical need of permanent, loving homes for child victims of abuse and neglect.

The event kicks off at 9 am, Thursday (April 19) in the atrium of the Family Court and Services Center, 601 N. Pecos Ave., Las Vegas with an Agency Fair. More than 20 agencies will answer questions and provide literature about services available for children and families in the community, as well as information about how to become a foster or adoptive parent.

The Light of Hope Ceremony begins at 12:30 p.m. in the Family Court atrium. Wilder and Asay (adoptive youth) will join Michael Sausa (foster youth), to discuss their experiences and offer hope to other children. Wilder and Asay started writing to help them understand what they were going through as foster children and to help other foster children know they are not alone. Their books have been read by many foster children. Wilder recently was featured in People Magazine and will appear later this month on the CBS Morning Show. The booklets can be obtained at http://www.iseepuppy.com.

Michael (18) recently moved out of a foster home into his own apartment on an Independent Living Contract. An Independent Living Contract is a program by which the Department of Family Services (DFS) provides foster care payments directly to the child, so they can pay their own room and board and learn how to budget their own money, prior to aging out of foster care. The child must reside in an approved stable environment. Michael will graduate in June 2007 from Rancho High School in the Aerospace Program. He also works full-time.

April is National Child Abuse Prevention and Awareness Month. The week of April 15th to April 21st is National Volunteer Appreciation Week. More than 200 volunteers with the Eighth Judicial District Court’s Court Appointed Special Advocates (CASA) program serve as advocates and voices in court for approximately 550 foster children annually in Clark County. Currently, there are more than 2,200 children in foster care in Clark County.

During the Light of Hope Ceremony, candles will be lit symbolizing the promise of safety and permanency to children with abusive and neglectful backgrounds. Foster children will talk about their experiences, light candles and make wishes for those who come after them. The Honorable Gerald Hardcastle, Juvenile Court Judge, and Tom Morton, Director of the Department of Family Services (DFS) will also be present to promote the importance of the community getting more involved in efforts to fight child abuse.

The community is asked to show support for all children who live with abuse or neglect by shining their car headlights during the day on April 19.

For more information about this event contact Patricia Thacker, CASA Program Manager or Shelia Parks, CASA Program Administrator at (702) 455-4306

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Increased Efficiencies Will Promote Public Service And Access To Justice

The Eighth Judicial District Court assumed responsibility for the court clerk functions of the court today (Jan. 16) as part of a planned transition announced last year. The change allows the court to unite court clerk functions into its new case management system.

“Today we mark a milestone in the history of the court,” said Chief Judge Kathy Hardcastle. “Our efforts to improve access to justice will expand as the court makes its court clerk partners full members of the court team.”

Last year the Nevada Supreme Court authorized the Eighth Judicial District Court to assume its inherent authority and duty to supervise its own operations and administer the court clerk functions as an essential task of the District Court.

For many years court clerks have provided invaluable service to the Eighth Judicial District Court under the administration of the Clark County Clerk. The move to incorporate clerk functions under the administration of the court increases efficiencies while returning accountability of the clerk function to the judiciary. “We are pleased to finally say our partners are now full members of the court team,” said Court Executive Officer Chuck Short.

“In the past, court clerks have enabled the District Court to implement many improvements, such as electronic filing of documents and the electronic scanning and storage of documents,” said Hardcastle. “The court will continue to rely on the entrepreneurial spirit and creativity of the court clerk employees to improve court functions and procedures.”

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Justice of the Peace Douglas E. Smith has been selected as the Las Vegas Justice Court Chief Judge, effective January 1, 2007. Judge Smith will serve as the Chief Judge for the Las Vegas Justice Court through 2008. The Chief Judge position is selected by the Las Vegas Justice Court’s Justices of the Peace and serves a two-year term.

“I am excited about the opportunities that face me as Chief Judge and the Las Vegas Justice Court. I want the transition from Judge James Bixler to myself to be as smooth as possible and to work with all the other Clark County entities to ensure our services continue to benefit the public,” said Smith.

Judge Smith earned his undergraduate degree from Brigham Young University in 1979 and his law degree from Whittier College School of Law in 1982.

He has served the public as a private attorney, Clark County Public Defender, and as a Clark County Deputy District Attorney, prior to taking the bench.

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