I have enjoyed your well written editorials for years and for the most part have found them to be right on point. Unfortunately, last week’s analysis and recommendation on Ballot Question 1 were well meaning but just plain factually inaccurate.
Let me start by saying I’m a very conservative guy, but on this issue most do not understand the real problems faced by Nevadans under the current court structure. When we were a very small state, the current structure was adequate and provided an appeals process that was both speedy and just.
For the past 25 years, the current system has resulted in long delays when a case is appealed. Currently the backlog at the Supreme Court results in a 3 year delay in decisions from the court. The old adage “Justice delayed is justice denied” applies directly to this situation.
Voting yes on ballot question one would provide for an Intermediate Court of Appeals like most other states, which long ago recognized the advantages an Intermediate Court of Appeals provides in reducing the number of appeals to the Supreme Court, and in reducing the time for a decision.
I know of few, if any, attorneys or judges who do not support this measure because they see every day the delays and problems under the current system.
Tort reform is not the answer, because it primarily benefits insurance companies and limits all Nevadans access to the courts. Suggesting that the real problem is “frivolous lawsuits” ignores reality. Trial attorneys who file suit, do so only after careful consideration of the facts, the law and a litigants chances of success on the merits of the case.
Why do they look closely at these factors? Because they take Tort cases on a contingency fee basis. They only get paid for their time if they prevail and demonstrate substantial damages. Bringing a “frivolous claim” is very expensive and results in nothing to the litigant or the attorney.
I personally sat on the medical legal screening panel which reviewed all medical malpractice cases filed in Southern Nevada. I spent 15 years doing private and court ordered mediations and arbitrations and have been a judge for 27 years. During this entire time I can think of few, if any, “frivolous claims” that have been filed. Insurance companies stopped paying unwarranted claims to avoid litigation decades ago.
We have needed an Intermediate Court of Appeals in Nevada for at least 25 years. Please vote yes on question (1) because “Justice delayed” really is “justice denied”.
Judge Lanny Waite
