Strategies, Challenges, and Answers

The State Bar of Nevada and Many of its Members Support the Creation of a Court of Appeals

Leadership concept.In its most recent session, the Nevada Legislature unanimously passed a resolution calling for the creation of a new Nevada Court of Appeals.  The voters will ultimately decide whether this new court will get off the ground.  Nevada voters will find the proposed initiative on their November 2014 ballots.

The Nevada Law Blogs have already spoken In Favor of the creation of this new court.  The Blogs pointed out that the appellate process is bogged down because of the numbers of cases the Nevada Supreme Court must review.  Others have joined in the call for passage of this proposed Amendment.

In the August 2013 edition of the Nevada Lawyer, Nevada State Bar President Alan J. Lefebvre, issues a call to action to all lawyers in the state, Let’s Get Organized for the Court of Appeals Initiative in 2014He points out that courts of appeal act as an check on power and miscarriages of justice.  He explains that the system is overwhelmed with cases.  In 2012, the Nevada Supreme Court docket was 2,500 cases.  That would mean that each of the seven Justices would need to decide almost one case per day just to keep up.  He states that that a court of appeals would provide more precedents on which business and people could rely in planning their affairs.

In the September issue of the Communique, attorney-legislators Mark Hutchison and Tick Segerbloom write about the details of the proposed new court.  They point out that it is a “push-down” model court.  The court would handle civil and criminal cases where errors of existing law are have been alleged.  It would also be involved in petitions for post-conviction relief in non-death penalty cases and original challenges to a district court’s ruling in a criminal case except death penalty and life sentence cases.  A PAC has been formed to raise money in support of the push toward the election.  Alan, Mark and Tick encourage all bar members to speak out in favor of the new court.

The conclusion of the Communique article says it all.  “The numbers do not lie; it is time for a court of appeals in Nevada and it is up to the bench and bar to make it happen in 2014.”

The Nevada Law Blogs continue to offer their support for this important initiative to create a Court of Appeals.