Supreme Court of Nevada
Encyclopedia
The Supreme Court of Nevada is the state supreme court
of Nevada
. It is the highest judicial body
of the Nevada state government.
There are seven Justices of the court, who are elected to six-year terms in officially nonpartisan elections. The Governor appoints Justices in the case of a vacancy. The most senior justice becomes Chief Justice for a two-year term.
The Court hears appeal
s from the Nevada District Courts
.
Despite a tremendous population boom in the 1980s, 1990s, and 2000s, Nevada has never established an intermediate appellate court like the vast majority of U.S. states. Numerous attempts have failed due to a powerful cultural tradition among Nevada residents of keeping the state government and their tax burden as small as possible. The result has been extremely severe congestion at the appellate level, as all appeals must be processed through the state supreme court. The alternative would be to have no right to appeal, since the U.S. Supreme Court has ruled that appeal is not a constitutional right, which is the case today in Virginia
, West Virginia
, and New Hampshire
. However, Nevada has guaranteed its residents a right to appeal since statehood, thus resulting in the present crisis. From the 1980s to the present, Nevada state supreme court justices have been burdened with the highest per-justice caseloads of any state supreme court in the United States.
In January 1999, to bring its soaring backlog under control, the Supreme Court of Nevada adopted for the first time a measure that was frequently used by the Supreme Court of California
prior to the creation of the California Courts of Appeal in 1904 (and for a few years afterward). The Court divided itself into two three-justice panels which rotate membership every 12 months. The majority of cases are now heard and decided by the three-justice panels. The advantage of this system, of course, is that it is faster to negotiate a consensus on the key points of a majority opinion
among three instead of seven justices. The disadvantages are that the two panels might inadvertently issue conflicting majority opinions; and that an appellant might be ruled against by two justices on a panel of three, who might have been a minority (that is, 5-2) if the case had been heard by a full court of seven justices.
This system has persisted since 1999 to the present, while the Court continues to lobby the people and the legislature of the state of Nevada to create an intermediate appellate court. The Legislature eventually authorized the latest attempt to appear on the November 2, 2010 ballot. However, Question 2 was narrowly rejected by 53% of the 670,126 votes cast, meaning that the Court's ongoing caseload crisis will continue for the foreseeable future.
State supreme court
In the United States, the state supreme court is the highest state court in the state court system ....
of Nevada
Nevada
Nevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its...
. It is the highest judicial body
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
of the Nevada state government.
There are seven Justices of the court, who are elected to six-year terms in officially nonpartisan elections. The Governor appoints Justices in the case of a vacancy. The most senior justice becomes Chief Justice for a two-year term.
The Court hears appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
s from the Nevada District Courts
Nevada District Courts
The Nevada District Courts are the trial courts of general jurisdiction in the Nevada state court system.In the District Courts "criminal, civil, family, and juvenile matters are generally resolved through arbitration, mediation, and bench or jury trials."...
.
History
When Nevada established its statehood in 1864, three justices were elected to the Supreme Court for a term of 6 years. This was increased to five justices in 1967 and to seven justices in 1997.Despite a tremendous population boom in the 1980s, 1990s, and 2000s, Nevada has never established an intermediate appellate court like the vast majority of U.S. states. Numerous attempts have failed due to a powerful cultural tradition among Nevada residents of keeping the state government and their tax burden as small as possible. The result has been extremely severe congestion at the appellate level, as all appeals must be processed through the state supreme court. The alternative would be to have no right to appeal, since the U.S. Supreme Court has ruled that appeal is not a constitutional right, which is the case today in Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
, West Virginia
West Virginia
West Virginia is a state in the Appalachian and Southeastern regions of the United States, bordered by Virginia to the southeast, Kentucky to the southwest, Ohio to the northwest, Pennsylvania to the northeast and Maryland to the east...
, and New Hampshire
New Hampshire
New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...
. However, Nevada has guaranteed its residents a right to appeal since statehood, thus resulting in the present crisis. From the 1980s to the present, Nevada state supreme court justices have been burdened with the highest per-justice caseloads of any state supreme court in the United States.
In January 1999, to bring its soaring backlog under control, the Supreme Court of Nevada adopted for the first time a measure that was frequently used by the Supreme Court of California
Supreme Court of California
The Supreme Court of California is the highest state court in California. It is headquartered in San Francisco and regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts.-Composition:...
prior to the creation of the California Courts of Appeal in 1904 (and for a few years afterward). The Court divided itself into two three-justice panels which rotate membership every 12 months. The majority of cases are now heard and decided by the three-justice panels. The advantage of this system, of course, is that it is faster to negotiate a consensus on the key points of a majority opinion
Majority opinion
In law, a majority opinion is a judicial opinion agreed to by more than half of the members of a court. A majority opinion sets forth the decision of the court and an explanation of the rationale behind the court's decision....
among three instead of seven justices. The disadvantages are that the two panels might inadvertently issue conflicting majority opinions; and that an appellant might be ruled against by two justices on a panel of three, who might have been a minority (that is, 5-2) if the case had been heard by a full court of seven justices.
This system has persisted since 1999 to the present, while the Court continues to lobby the people and the legislature of the state of Nevada to create an intermediate appellate court. The Legislature eventually authorized the latest attempt to appear on the November 2, 2010 ballot. However, Question 2 was narrowly rejected by 53% of the 670,126 votes cast, meaning that the Court's ongoing caseload crisis will continue for the foreseeable future.
Present justices
| Name | Elected/Appointed | Term expires | Appointing Governor | Political Affiliation |
|---|---|---|---|---|
| Mark Gibbons | 2002 | 2014 | Republican Republican Party (United States) The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S... |
|
| Michael Cherry | 2006 | 2012 | - | Democrat Democratic Party (United States) The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous... |
| Kristina Pickering Kristina Pickering Kristina Pickering is an Associate Justice of the Supreme Court of Nevada. She became just the fifth woman to serve on the Court when she was sworn in on January 5, 2009. She attended Yale University , Georgetown University, and the University of California, Davis School of Law.-References:... |
2008 | 2014 | - | Republican |
| Nancy Saitta | 2006 | 2012 | - | Democrat |
| Michael Douglas | 2004 | 2010 | Governor Kenny Guinn | Republican |
| James Hardesty | 2004 | 2010 | - | Democrat |
| Ron Parraguirre | 2004 | 2010 | - | Republican |
Further reading
- Nevada. (2000). Practice before the Supreme Court of Nevada: an overview, Carson City, Nev: Nevada State Supreme Court Clerk's Office.
- The Nevada State Supreme Court. (1986). Carson City, Nev: Administrative Office of the Courts.