Judicial Debate: Clark County District Court, Dept. 4: Candidates debate access to justice, efficiency of courts

Candidates in a three-way race for a seat on Clark County District Court debated at the Review-Journal, discussing a variety of legal topics, including the efficiency of the court system and equal access to justice.

Phil Aurbach, a civil attorney who specializes in commercial litigation; Nadia Krall, a sole practitioner in personal injury; and Barbara Schifalacqua, a Clark County chief deputy district attorney, are vying to become judge in Department 4, a position being vacated by District Judge Kerry Earley.

The job pays roughly $165,000 per year.

Tuesday’s debate inside the Las Vegas Review-Journal studio, which can be viewed at reviewjournal.com, was one of 23 events organized by the newspaper for the more than 70 candidates in judicial primary races for Supreme Court, District Court and Family Court. The Review-Journal has invited all of the judicial candidates on the June 9 primary ballot.

The top two finishers will advance to November’s general election. But if the first-place finisher gets more than 50 percent of the vote, that candidate will win the election.

Moderator Steve Sebelius, the newspaper’s politics and government editor, started the debate by asking the candidates to describe their judicial philosophies.

Aurbach, a shareholder in the Las Vegas firm Marquis Aurbach Coffing, pointed to 42 years of practice that included arbitration and settlement work.

“I believe judges should follow the law,” Aurbach said. “They shouldn’t just make decisions on what they think ought to be done in a particular case.”

Krall, sole practitioner under Nadia von Magdenko &Associates PLLC, told the moderator that the most powerful people in courtrooms are often the jurors.

“It’s regular people,” she said. “And you don’t need a piece of paper or any degree to come to a decision. So my philosophy is to be as thorough and hardworking as possible and to treat everyone with the respect they deserve.”

Schifalacqua, a prosecutor since 2007, said she thought a judge should remain open-minded, establish “clear records” and “make assessments not based on any political party, race, class, gender or otherwise. … Your job is not to just simply render something based on who stands before them.”

Aurbach said that if elected, he planned to work toward accelerating the sometimes slow wheels of justice.

“I want to give back to the community using my special expertise in mediation, arbitration and litigation to help cases move through the system faster,” Aurbach said.

Krall, who was among the first graduating class of UNLV’s Boyd School of Law in 2000, said her law practice has been focused on “real people with real problems” and pointed to her experience as a small claims court judge.

“No matter what, I listen to all of the evidence from both sides before I render a decision,” Krall said. “And I also treat people with dignity and respect.”

Schifalacqua said she has spent her “entire legal career exacting justice for citizens of Clark County,” touting her courtroom experience.

“Now is my time to elevate my service,” she said.

Sebelius asked the candidates how they planned to deal with attorneys who show up to court unprepared.

Krall said she would recess proceedings in order to “give good representation to the client.”

Schifalacqua said she would ask for more court briefs and potentially assign an additional lawyer to a case, particularly in criminal matters “so they know that they have qualified counsel and someone to assist them.”

Aurbach, meanwhile, said he did not think judges should involve themselves in deciding whether parties in a case are properly represented.

“The judge is supposed to be independent and make a decision on the facts,” he said. “If the judge starts taking any action that helps one person and hurts another, it destroys the independence of the judge.”

Judicial elections in Nevada are nonpartisan, and candidates are limited in what they are allowed to say on the campaign trail. Nevada’s Code of Judicial Conduct prohibits candidates from making “pledges, promises, or commitments that are inconsistent with the impartial performance of the adjudicative duties of judicial office.”

Krall said that she did not believe people had equal access to justice but pointed to the Regional Justice Center’s self-help department and legal services that could help people with issues such as landlord-tenant disputes, bankruptcy and consumer law.

Schifalacqua said that access in criminal cases is aided by court-appointed attorneys and agreed about the benefits of self-help centers.

Aurbach said that he did not believe “the legal system in any way helps people that don’t have enough money to hire a lawyer. And the only thing a judge can do is to be patient and be respectful.”

Contact David Ferrara at dferrara@reviewjournal.com or 702-380-1039. Follow @randompoker on Twitter.