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Sep. 24, 2008
2nd JP will take seat but will need a home
By MARK WAITE
A second Pahrump justice of the peace will take office in January, but a courthouse addition that will house a second courtroom for that official could be a month away from completion. Pahrump Justice of the Peace Tina Brisebill said she has an agenda item scheduled for the Oct. 7 Nye County Commission meeting to use the old assessor's office and treasurer's office as a second justice court until a courthouse addition is built. The county recorder, assessor and treasurer relocated to a manufactured building behind the courthouse on Floyd Street this past summer. Three firms were chosen by commissioners July 15 to submit proposals to design and build a second justice courtroom, a second district courtroom, an addition to the district attorney's offices and a sheriff's department evidence locker. Commissioners were expected to select the winning firm Aug. 15, with an estimated completion date of May 2009. Brisebill said commissioners are now expected to select a firm to design and build the courthouse addition at the Oct. 7 meeting. Commissioners approved a second justice of the peace position for Pahrump, which was required when Pahrump surpassed 34,000 people. That plateau was reached in the third quarter of 2005. "They had seven years notice and still they wait until the last minute to do anything," Brisebill said of the commissioners. Brisebill said 5th District Court Judge Robert Lane also has his eyes on using the old assessor's and treasurer's offices. "I told him we can certainly work together and share the space, and he thinks eventually we might be able to fit two courts over there to temporarily house the court and the jury room," Brisebill said. When the Nye County Courthouse was shut down due to mold in 2001-2002, court was briefly held in an old 99 Cent store on Highway 160 before being shifted to the old Calvada Library in the Calvada Eye, a building now scheduled for demolition. The space situation is only one problem. There's also staffing, Brisebill said justice court clerks are way overloaded with work. County commissioners last week rejected Brisebill's request for six additional court clerks, three to take office now and three more in January. No commissioner would make the motion to approve the request, which would cost another $306,000 annually. Pahrump Justice Court Administrator Kathy Ivey told commissioners, "If we don't get additional people we're going to have to shut the court down except for emergency hearings, to get caught up." Commissioner Joni Eastley said if the county had $306,000 to hire additional personnel, the sheriff's department would also be in need of more staff. Ivey said justice court clerks may have to update 50 case files from one court session, still answer phones, wait on people at the window and perform other duties. Three employees transferred to district court for more money and less stress, she said. Brisebill said she now has six clerks, a chief clerk, a bailiff, a court assistant and a court administrator. There were 806 defendants charged with felonies and gross misdemeanors. Cases against 174 defendants were dismissed before the preliminary hearing, 41 entered guilty pleas, 129 waived a preliminary hearing, 11 cases were dismissed during the preliminary hearing and 92 defendants were bound over to district court for trial. Of the 883 non-traffic misdemeanor cases, 14 defendants forfeited bail, 266 cases were dismissed after a diversion program, 253 more were dismissed before trial. Of the 22 misdemeanor bench trials 13 defendants were convicted, seven were acquitted and charges against two defendants were dismissed. Another 17 bench trials were held for traffic cases, though the vast majority chose to enter a guilty plea before trial (1,802), had their cases dismissed (1,398) or forfeited bail (1,439). Brisebill said many traffic offenders choose to contest their case in justice court, because the court is more accessible in Pahrump. Brisebill said those totals include only new cases, not old cases that are still pending. "We have about 1,520 cases that are on a monthly payment plan. They have to be maintained all the time," Brisebill said. She said another 20 to 45 people show up at 1:30 p.m. Mondays for a continuous status check to follow up on whether they're completing their sentencing for things like driving under the influence of alcohol or domestic violence. "You don't just go into court, sit down for sentencing and they're over with it. It requires a great deal of follow up and it requires a great deal of babysitting. Some of them, particularly the repeaters, they don't have organized lives. They need someone to tell them what to do all the time or they wouldn't be in this situation, and that's pretty much what I do until they finish their sentencing," Brisebill said. Then there are the 1,557 new civil cases filed in justice court last year, Brisebill said those have to take a back seat to criminal cases, particularly if the defendant is in custody. Brisebill said she issued 87 search warrants last year. "I guarantee you they don't happen in the office," Brisebill said. "I have detectives that have seen me more often in my night robes than in my judicial robes." A new bailiff and judicial assistant have been approved for the second Pahrump justice of the peace, she said. When it comes to courtrooms, Brisebill said she had to have a conference with the deputy district attorneys and public defenders about scheduling cases into May 2009. Lane told attendees at the annual drug court dinner his courtroom is already being booked into August 2009. The other 5th District Judge, John Davis of Tonopah, shares some of Lane's caseload in a district that also includes Esmeralda and Mineral counties. A suggestion by a couple of justice of the peace candidates to try night court may sound good, but in reality Brisebill said that would mean clerks, public defenders and assistant district attorneys would have to work overtime. She recalled no one showed up when night court was attempted many years ago, before she became J.P. Brisebill will be on vacation this week, while a committee goes over recommendations to the county commission on what firm to pick from the three finalists to build the courthouse addition. But Brisebill said she'll still have her cell phone and computer with her on vacation. |
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