Clark County Nevada
August 10, 2024
The June appointment of Tina Talim to Department 14 of the local district court was irregularly short-circuited by the Nevada Commission on Judicial Selection.
The Nevada Constitution tasks the Commission to send three names of finalists for a judgeship to the Governor for his choice of one of the three to appoint.
The constitution specifies three “choices”; the commission’s website recognizes that process as constitutionally mandated. [ Sec 6, Article 20(1). & (8).] The requirement of “three” in the constitution doesn’t appear to be a merely helpful suggestion.
Yet on June 3, the Commission forwarded Talim’s name as a “one and only” nominee to the governor, and he appointed her from that “shorted list.”
So what’s up with the Commission ignoring its constitutional charge? And why didn’t the governor ask for the other two names from the commission? What’s with the discrepancy between the requirements of the law and the actions of the commission? This looks like expediency to get yet another deputy DA on the bench.
When the pool of applicants for the Dept 27 vacancy turned up in January, the commission extended the deadline to attract more pleasing applicants. That applicant pool was expanded, and three names were sent to Gov. Lombardo afterward.
So what law changed to allow this department irregularity? What is the inside story?
It can’t be said the head of the commission, Chief Justice Caddish, didn’t know the law…..or the four or so lawyers on the commission. Why was the process for the Department 27 appointment not followed, and why was job re-advertising and a time extension permitted for Department 14 applicants?
Does anybody have standing to sue over this? Likely not. But defendants incarcerated by an order of the department 14 pretender-incumbent will likely “make hay” on appeal….” the sentencing judge was unconstitutionally appointed!” “She had no jurisdiction to sentence me!”
How about disappointed civil litigants? “She was unlawfully appointed” and ordered me to pay a judgment of $ xxx. xx says an appellant? “Her judgment was entered without her having jurisdiction in my case.”
What will the Supreme Court say about this? At least we know that C.J. Caddish will sit out a few appeals in the future.
Does Talim have judicial immunity from suit by disappointed defendants and civil litigants? Time will tell.
Back-up notes are below.
Article 6 of the Nevada Constitution, Sec 20 (1) & (8).
Sec. 20. Filling vacancies occurring before expiration of term of office in Supreme Court, court of appeals, or among district judges; Commission on Judicial Selection.
1. When a vacancy occurs before the expiration of any term of office in the Supreme Court, the Court of Appeals, or among the district judges, the Governor shall appoint a justice or judge from among three nominees selected for such individual vacancy by the Commission on Judicial Selection.
2. The term of office of any justice or judge so appointed expires on the first Monday of January following the next general election.
3. The permanent Commission, composed of must make each nomination for the Supreme Court or the Court of Appeals:
(a) The Chief Justice or an associate justice designated by him;
(b) Three members of the State Bar of Nevada, a public corporation created by statute, appointed by its Board of Governors; and
(c) Three persons, not members of the legal profession, appointed by the Governor.
4. Each nomination for the district court must be made by a temporary commission composed of:
(a) The permanent Commission;
(b) A member of the State Bar of Nevada resident in the judicial district in which the vacancy occurs, appointed by the Board of Governors of the State Bar of Nevada; and
(c) A resident of such judicial district, not a member of the legal profession, appointed by the Governor.
5. If at any time the State Bar of Nevada ceases to exist as a public corporation or ceases to include all attorneys admitted to practice before the courts of this State, the Legislature shall provide by law, or if it fails to do so, the Supreme Court shall provide by rule, for the appointment of attorneys at law to the positions designated in this Section to be occupied by members of the State Bar of Nevada.
6. The term of office of each appointive member of the permanent Commission, except the first members, is four years. Each appointing authority shall appoint one of the members first appointed for two years. If a vacancy occurs, the appointing authority shall fill the vacancy for the unexpired term. The additional members of a temporary commission must be appointed when a vacancy occurs, and their terms expire when the nominations for such vacancy have been transmitted to the Governor.
7. An appointing authority shall not appoint to the permanent Commission more than:
(a) One resident of any county.
(b) Two members of the same political party.
Ê No member of the permanent Commission may be a member of the Commission on Judicial Discipline.
8. After the expiration of 30 days from the date on which the Commission on Judicial Selection has delivered to him its list of nominees for any vacancy if the Governor has not made the appointment required by this Section, he shall make no other appointment to any public office until he has appointed a justice or judge from the list submitted.
[Added in 1976 and amended in 2014. The addition was proposed and passed by the 1973 Legislature, agreed to and passed by the 1975 Legislature, and approved and ratified by the people at the 1976 General Election. See Statutes of Nevada 1973, p. 1954; Statutes of Nevada 1975, p. 1872. The first amendment was proposed and passed by the 2011 Legislature, agreed to and passed by the 2013 Legislature, and approved and ratified by the people at the 2014 General Election. See: Statutes of Nevada 2011, p. 3835; Statutes of Nevada 2013, p. 3968.]
Applications Available for Vacancy of Eighth Judicial District, Department 14
News date: April 17, 2024
Governor Joe Lombardo announced the vacancy for the Eighth Judicial District Court of Nevada, Department 14.
Department 14 will become available due to the retirement of the Honorable Adriana Escobar in May.
Applications for Department 14 are due May 14, 2024. Applicants must contact Ms. Margarita Bautista at mbautista@nvcourts.nv.gov to receive the required application materials.
1 Attorney Applies to Fill Vacancy in the Eighth Judicial District
May 14, 2024
Chief Justice Elissa Cadish announced this afternoon the Nevada Commission on Judicial Selection received one application from an individual who wishes to fill the judicial opening in Department 14 of the Eighth Judicial District Court.
From its website at https://nvcourts.gov/aoc/committees_and_commissions/judicial_selection/overview
Commission on Judicial Selection Overview.
The Commission on Judicial Selection interviews and nominates attorneys for appointment to vacant District Court, Court of Appeals, and Supreme Court positions.
The Nevada Commission on Judicial Selection is a judicial body created under Article 6, Section 20 of the Nevada State Constitution and governed by Nevada Revised Statutes 1.380 through 1.410.
The Commission on Judicial Selection is charged with filling judicial vacancies before the expiration of a term of office in the Supreme Court, Court of Appeals, or District Court. The Commission is charged with selecting three candidates for the Governor’s review and appointment to fill judicial vacancies before the expiration of a term of office in the Supreme Court, Court of Appeals, or District Court.
LAS VEGAS, NV, June 6, 2024 – The Nevada Commission on Judicial Selection convened on May 17, 2024, for an emergency meeting to discuss the one applicant for the vacancy in Department 14 of the 8th Judicial District Court. The Commission voted to conduct a background investigation and, upon a satisfactory report, forward the applicant’s name to Governor Lombardo. On Monday, June 3, 2024, the Commission sent the name of Ms. Tina Talim, Esq. to Governor Lombardo the only applicant to file for this seat.
