- Quickdraw McLaw
- 8 Comments
- 397 Views
- The Nevada Commission on Judicial Selection submitted three names to Governor Sandoval for the family court vacancy caused by Judge Jennifer Elliot’s retirement: Soonhee Bailey, David S. Gibson, and Shann Dee Winesett. [nvcourts.gov (includes who was on the committee)]
- Here’s a story about a pregnant horse and a legal dispute between two friends. [KTNV]
- Explosive devices sent to Obama; Clintons; and CNN. [Las Vegas Sun]
Soonhee Bailey would be my pick for that vacant family seat.
My only interaction with the family court has been the handful of LACSN cases I have done there, but my experiences with her have all been good. I can't say that about all the district judges I have appeared before in family court.
That being said, I don't know anything about the either two, so one of them may be more qualified. I just thought Bailey was competent.
Winesett is clearly more qualified in Family Court and all aspects of the same. Soonhee is fine but really does not want to be a Family Court Judge. She wants to be a District Court Judge.
A Family Court Judge is a District Court Judge. It is only in the 2nd JD (Washoe) and the 8th JD that a family court division even exists. It is simply a specialized division of the District Court, the same as the civil and criminal divisions are; not a separate court like Justice Court.
Other than in the 2nd and 8th JD, family law cases are handled by general jurisdiction District Judges. In those districts, there is nothing that prevents the judges of the district from voluntarily assigning the cases in a division type structure, other than a lack of adequate number of cases and judges to have full dockets and random assignments.
Perhaps if some of the judges in the family division actually learned or cared about the rules of civil procedure and evidence the cases would have more predictability with more consistent outcomes.
You say that, but then you have Family Court judges jumping ship to run for another department in District Court, while the reverse is never true.
I suspect the burnout factor is higher handling family division cases. The family division receives approximately 60% of the new case filings, has a much larger percentage of pro se litigants and unlike the civil and criminal divisions have cases that can best be described as zombie cases. Despite the best efforts of the judges, the cases continue to reopen long after final judgment (if dealing with minors it can be decades or re-openings).
Granted the civil and criminal division cases, if they go to trial have longer lasting trials, as well as matters that family division judges do not have to contend with (msj, motions in limine, jury instructions, motion for judgment not on verdict, etc.) They have the assistance of the Discovery Commissioner to handle things like JCCR issue whereas the family judges are required to conduct early case conferences in nearly all of their cases. The family judges have to deal with objections to DA paternity and child support orders (including enforcement actions) and guardianship cases.
Despite the systemic issues contributing to the workload and burnout issues, the civil and criminal divisions collectively have more judges to handle fewer cases than are assigned to the family division with an average caseload of around 25000 cases per judge (active, child support and those subject to reopening).
Perhaps if the District Court followed the lead of other jurisdictions wherein the judges assigned to family law cases are in dedicated departments (unlike the general jurisdiction model) but the assigned judges rotate between divisions every few years, you wouldn't have the need for judges running for seats in the civil/criminal divisions as currently occurs. Rotation currently works for judges currently in the civil and criminal divisions. A model could be created to allow for voluntary rotations including the family division.
I could suggest a workable model, but this has already become too long so I'll save the model unless others would be interested in exploring it.
I was hoping Mary Perry would have been in there or Lynn Hughes. Both of them know their stuff.
Bailey has kissed enough a** and is next in line.