Gavel Grab

The new president of the State Bar of Nevada has summed up for a Las Vegas newspaper his personal support for an appointment-and-retention system for selecting Supreme Court justices and district court judges in the state.

In a question-and-answer article published in the Las Vegas Sun, Cam Ferenbach was asked, “The bar supported a proposed constitutional amendment when it was considered by the Nevada Legislature to appoint state judges and then have them face retention elections. The bar has not yet taken a formal position on the November ballot question to approve that proposal, but you personally are supportive. Why?” Here is his answer:

“In my view the system that is proposed gives more electoral control to voters as to who is in office and who stays in office. Right now, once an incumbent gets into office, he or she may never have to run again. If no one challenges them, there is no election. Whether that’s the result of how good a job they’re doing or how good a politician they are may not be the same thing.

“Retention elections would make judges much more accountable to the voters.”

Nevada voters will consider in November whether to scrap elections of Supreme Court justices and District Court judges when a vacancy occurs, and replace elections with what is widely called the Missouri Plan, a system of appointments and retention (up-or-down) elections (see Gavel Grab).