It was Pahrump Justice of the Peace Tina Brisebill who appeared to be on trial Tuesday, angry as an accused defendant, after Nye County commissioners deadlocked 2-2 on her prior request for a pay raise.

While Nye County Commissioner Joni Eastley said previously, county officials shouldn't be "paid by the pound" for their work load. Brisebill countered Tuesday, "I shouldn't be penalized for doing additional work."

The verdict: Brisebill was awarded a 7 percent pay increase for this year and 3 percent for each of the next five years of her term, but two county justices with far lower case loads will receive the same raise.

Brisebill said county commissioners were required by law to fix the minimum compensation of justices of the peace during a regular meeting in July of an election year, which would have been July 2006. She accused the county commission of selectively ignoring that law while studiously monitoring other requirements.

Commissioner Butch Borasky said he requested the item be placed back on the agenda. But though he initially voted in favor of Brisebill's request, Borasky lectured Brisebill from the podium: "You knew when you ran what your case load was and also you can look forward to next year when you have a new J.P. your case load will go down."

Brisebill replied the second Pahrump justice, already required when the governor's office determined Pahrump's population exceeded 34,000, wouldn't take office until January 2009, following the November 2008 election. That second J.P. would receive the same pay as Brisebill.

Ironically, Borasky had persuaded fellow commissioners in July to pass a raise for themselves, citing the lack of a raise since 2003 and the cost to his business of having to spend so much time on county affairs.

The Nevada legislature allowed raises for various county officials but not justices of the peace.

Calculations by county Human Resource Director Danelle Shamrell show the justices' annual pay would increase from $65,012 to $69,563 with the 7 percent increase, then steadily go up to $71,650 by July 1, 2008, to $73,799 by July 1, 2009, and to $76,013 a year later. Commissioner Peter Liakopoulos suggested adding the final two years of Brisebill's term on the 3 percent annual raises; she began a second six-year term Jan. 1.

Brisebill still voiced complaints about the inequity, noting the Pahrump Justice Court had 141 new non-traffic cases filed in July, compared to 20 in Tonopah and 19 in the Beatty justice court. That is typical of a month in the justice court system, she said.

The Tonopah and Beatty justices also received pay for serving as juvenile court masters, Brisebill said, though Shamrell said they received only $300 per pay period for that. Former Pahrump Justice of the Peace Margaret Whitaker is the juvenile court master in Pahrump since Brisebill doesn't have the time. Shamrell said Whitaker receives $7,800 annually, not enough to jeopardize her retirement pay.

Commissioners had a lengthy discussion about whether Brisebill's pay raise should be retroactive to Jan. 1 or July 1. County Manager Ron Williams said if the commission increased Brisebill's salary as it was supposed to do in July 2006, it would have been effective Jan. 1. But county budget analyst Timaree Koscik said that would put the pay increase onto the last fiscal year, for which the books are already closed.

Eastley said, "If it doesn't come out in the wash, it comes out in the rinse, and coming out in the rinse provides for automatic 3 percent increases which will probably mirror what the bargaining units are requesting. So I think that's reasonable."

Earlier Tuesday commissioners approved taking $43,517.17 out of a contingency budget for the elected officials salary raises effective July 1, that was approved as part of the consent agenda, in which commissioners approved 28 items in one motion without any discussion.