Problems put new chief judge in hot seat
About $10 million in renovations are under way at the Regional Justice Center, but not one dime will go to purchase a much-needed window shade for new Chief Judge Jennifer Togliatti, who took over for District Judge Art Ritchie Jan. 1.
“It’s like the Vdara death ray,” Togliatti said last week in her 10th-floor office. “Art couldn’t wait to get out of here, but he did offer to leave me his hat.”
That’s not the only heat bearing down on the judge. Togliatti takes over at a critical time for the Clark County judiciary, one of the busiest in the nation even with the addition of eight judges who took office this month.
The $10 million construction project at the downtown courthouse will renovate the third floor into eight courtrooms, but that work isn’t scheduled for completion until spring 2012.
Until then, judges and the lawyers, defendants and litigants who appear before them will play a game of musical chairs. In a letter Togliatti sent to members of the Bar in late December, she explained how current court facilities already were at capacity.
Courtrooms and judges’ chambers are spread among the Regional Justice Center downtown at 200 E. Lewis Ave.; Family Court at 601 N. Pecos Road; and at the old Phoenix Building on Third Street; the Complex Litigation Center Chambers on Sixth Street; and the Clark Building on Clark Avenue.
With a potential $3 billion state budget shortfall on the horizon, Togliatti knows the judiciary, like all Nevada government entities from town boards to the Governor’s Mansion, will have to pinch pennies .
The judge understands the private sector is suffering, and she is determined to be a frugal steward of public money, even when it comes to her own window shade.
The Management
In Clark County’s Eighth Judicial District, the “strong chief judge” rule is in effect, but that doesn’t mean Togliatti will call every shot, every time.
After all, having 52 judges, each with about 2,000 cases, requires delegation and, at times, diplomacy.
Togliatti will have plenty of help from District Judge Elizabeth “Betsy” Gonzalez, who will remain the Civil Division’s presiding judge, and Judge Doug Herndon, who replaced Togliatti as presiding judge over the Criminal Division.
Judge Gloria Sanchez will continue to preside over Family Court.
Togliatti and the presiding judges, along with an alternate member from each division, comprise the executive committee.
Togliatti had high praise for each judge on the committee, singling out Gonzalez for her management skills and Ritchie for his ability to keep the renovation project on track.
“Judge Gonzalez is a management machine, and Art has been absolutely invaluable in the remodel of the third floor,” Togliatti said.
Keeping the presiding judges on the committee brings institutional memory and continuity, she said.
The Elevators
Science types insist that what goes up must come down, but anyone who spends time at the Regional Justice Center would beg to differ.
On average, 5,000 people a day have court business, but only six elevators get them where they need to be.
The lines can be long, and taking the stairs is a realistic alternative only for those going up or down a couple of flights.
Togliatti points out building additional elevators is not an option, but a new maintenance company has been hired and she says its employees are “very responsive” when repairs are needed.
E-Filing
Togliatti is aware of attorney complaints about the relatively new e-filing system, but with few exceptions those complaints have not been articulated.
“I’m aware of the concerns,” she said, “but no complaints can be addressed until they are brought to my attention. At the end of the day, I don’t know what they are. I have consistently asked attorneys to contact us with specific problems.”
The complaints, particularly in Family Court, include cost, delays in getting a filing, and rejection of filings by non-attorneys.
“My understanding is our fees were cut,” said Togliatti, referring to last fall’s reduction in the per filing fee from about $6 to $3.50.
She also noted that attorneys can file for free at the clerk’s office.
She said the vendor has been asked to allow for automatic acceptance of pleadings, with any that are flawed rejected later; but she said the complaint about nonattorney deputy clerks rejecting pleas is a red herring.
Togliatti said clerks go through a rigorous training program. While she admits that human error sometimes contributes to problems, she defends the clerks.
“Training is one thing; having bodies is another. We are at a bare-bones level. We’ve faced cutbacks and we can’t fill vacancies. This is an operation of our economy, the circumstances our state finds itself in.
“I’m here for the attorneys. Our goal is to promote better services for the public. We have 70 years of judicial experience on the executive committee, but we need attorneys to come to us. They can come as a friend of the court if they want.”
Is Clark County really a judicial hellhole?
In a word, no, according to Togliatti and every other judge in the district.
But the American Tort Reform Association is a special interest pro-business group that has named Clark County a judicial hellhole.
In 2010, the county was ranked sixth in the nation, but not because of civil cases as a whole. In fact, the county earned that dubious distinction for a single verdict. Granted, it was a $505 million verdict .
Togliatti thinks the designation is unfair and self-serving.
“This was based on one case,” she said, exhibiting annoyance but not anger. “Each judge has 2,000 to 2,200 cases, and these judges sat through dozens of jury trials; and I can tell you jurors in this jurisdiction have no problem telling lawyers they haven’t proved their case, that the plaintiff isn’t getting one dime.”
On the other side of the coin, Togliatti noted that Lawyers USA recently named Robert Eglet, the attorney who won that $505 million verdict, one of its 2010 lawyers of the year. It cuts both ways.
Contact Doug McMurdo at
dmcmurdo@reviewjournal.com or 702-224-5512
or read more courts coverage at lvlegalnews.com.
