Nevada lawyer recently did a profile of the Judges of Nevada's Sixth District and one paragraph caught our eye. Judge Richard A. Wagner was asked what one thing he would change about Nevada's legal system, and the article states his response was:If there were one thing Wagner could change about Nevada’s legal system, it would be for the Nevada Supreme Court to recognize the separation of powers doctrine between the District and Supreme Courts. He feels that the current Nevada Supreme Court seems to be attempting to interfere by creating additional rules for the district courts.Shazam! That's a classic shot across the bow, folks. And from a District Judge, telling the Supremes to back off. It's rare to see District Judges being so outspoken, but hell, this is Nevada. And the Sixth Circuit is old-school Nevada, encompassing Humboldt and Pershing counties, with the courthouse [pictured left] located in Lovelock. We expect Judge Wagner still rides a horse to work.
One other thing: we haven't taken Con Law yet, so we're confused about something. Is there a "separation of powers" doctrine between trial courts and appellate courts?
Judge Wagner is right. Closely read the Nevada Constitution. It provides for the election of the District Court judges, as it does the Justices who sit on the Nevada Supreme Court. Although the Constitution provides instances under which the Supreme Court can appoint a District Judge and the Supreme Court can remand and instruct the District Courts as to the application of law; there is no inherent authority for the Supreme Court to regulate the District Courts. The voters and judicial discipline committee are those who have authority over District Court judges and their behavior in office. The Supreme Court is simply power hungry when our State Constitution has established checks and balances even within the Judicial Branch.
ReplyDeleteYou should see when Wagner is reversed. He's livid. I did some work in the 6th. I've seen him appoint himself to the supreme court more than once. "Counsel, this will probably be reversed on appeal, so I'm dismissing it now." Uh, not your job dude.
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