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Info about the Eighth Judicial District Court.

Category Archives: Clark County Courts Coronavirus

Nevada Supreme Court Chief Justice James Hardesty and District Court Chief Judge Linda Bell issued Administrative Order 21-05 that reinstates the mask mandate at all court facilities to address the concerning rise of coronavirus cases.

The order provides an overview of how the court is moving forward as virus numbers rise, and the message is clear: masks are back for everyone.

For the health and safety of all members of the public must wear face coverings that cover their noses and mouths. Face coverings must be worn at all times while in any Court facility and while in any security screening line to enter a Court facility. “Court facilities” include the Regional Justice Center, the Family Court building, District Court courtrooms and office space on the tenth and eleventh floors of the Phoenix building, District Court courtroom and office space in the Greystone building and District Court office space in the Clark Place building.

All District Court judges and employees must cover their noses and mouths with face coverings while at work unless they are alone in unshared work space. This includes all common areas of any facility as well as parking lots, back hallways, employee-only elevators, shared restrooms and break rooms. All attorneys, vendors, and employees of any organization or entity who work in a Court facility must cover their noses and mouths with face coverings while in any common areas of the facilities. Common areas include, but are not limited to, security screening, lobby areas. Public elevators, employee elevators, shared back hallways, public restrooms and courtrooms. This includes, but is not limited to, employees of Las Vegas Justice Court, Legal Aid Self-Help Centers, Clark County Clerk’s Main Office, Clark County District Attorney’s Office, Clark County Public Defender’s Office, Clark County Department of Juvenile Justice Services, Clark County Department of Family Services, and contract counsel. Employees of other organization or entities with space in Court facilities are subject to the policies of their individual employers while in their own organization’s work space. Children under the age of two and individuals who are unable to remove the face covering without assistance do not have to comply with the above-referenced face covering directives. Individuals who are unable to wear a face covering should make arrangements to appear by alternative means.

Face coverings must cover the nose and mouth at all times. Face coverings with vents bandanas, or face coverings made out of mesh are not permitted. Face shields may be worn with a mask as added protection, but may not be worn alone. Face coverings must be worn regardless of vaccination status.

The order takes effect immediately.

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During the COVID-19 pandemic, jurors must be given reasonable assurance of their safety before participating in the jury process. As such, the EJDC has worked closely with several entities, including Clark County, University Medical Center (UMC), the State of Nevada’s Division of Health and Human Services (DHHS), and the Southern Nevada Health District (SNHD), to develop and implement a comprehensive plan that will allow the court to resume its in-person jury operation. This plan is designed to instruct judges and court staff on how to conduct an in-person jury trial in a manner that minimizes risks to all participants by taking every reasonable precaution that has been recommended by our community health care partners.

Jury Trial Plan

The Jury Commissioner will include a notice on the jury summons advising all prospective jurors of the COVID-19 safety protocols contained in the plan. Prospective jurors who are experiencing symptoms, feeling sick, or have been exposed to COVID-19 will be advised to not report for jury duty. Prospective jurors who are considered high risk, such as persons 65 years of age or older or persons with underlying medical conditions which place the person at risk will be eligible for a deferral.

All jurors, witnesses, and trial participants not fully vaccinated entering the courthouse will be required to wear a face covering at all times while in the building except when eating or drinking during breaks. Personal cloth face coverings and surgical masks will be allowed. If an individual does not have a face covering upon entry the marshals will provide one at no cost. Face coverings must fully cover the nose and the mouth and may not have vents. Additionally, while face shields are permissible, they must be worn in conjunction with a face covering. Face coverings remain required at all times regardless of vaccination status in courtrooms, jury assembly and other designated face covering required areas. Those who are fully vaccinated are still encouraged to wear face coverings while in other areas of court facilities.

In addition to the biographical and qualification questionnaires that are already being administered to prospective jurors, a new standard supplemental questionnaire will be added. The supplemental questionnaire will seek information to help shorten the jury selection process by allowing the court and counsel to pre-screen prospective jurors for issues related to undue hardship, extreme inconvenience, and overall fitness to serve. The supplemental questionnaire will include COVID-19 questions that will allow prospective jurors to reflect on whether they believe they can safely serve as a juror. The jury summons will include a due date and instructions for the prospective juror to complete the questionnaires online.

Jury Selection/Voir dire will be conducted in the courtroom effective June 14, 2021. It is recommended that jury seating allow the maximum amount of space between jurors.

HVAC Augmentation Consistent with the recommendations from our health care partners will be used. The court will work with Clark County Real Property Management to enhance the air quality and air disinfection within the courthouse. This will include, increasing airflow/air exchanges, introducing 30% humidity (if necessary), upgrading air filters to no less than MERV 13 rating, and installing a Synexis Dry Hydrogen System1 in the jury room and courtrooms when available. F. Environmental Cleaning Consistent with the recommendations from our health care partners (Exhibit 3), the court will work with Clark County Real Property Management to enhance the environmental sanitation in the Regional Justice Center. This will include, the use of disinfectant cleaner with lower dwell times (1 minute), increasing porter services throughout the day to continuously disinfect high 1 The Synexis DHP technology continuously uses dry hydrogen peroxide (DHP) to reduce levels of harmful bacteria and viruses, along with fungi, and mold in occupied spaces. 3 touch surfaces i.e. (elevator buttons, escalator handrails, restroom spaces, etc.), and providing individual antibacterial cleaning wipes for all trial participants to wipe high touch areas during breaks to increase frequency and surface cleaning.

Infection Control Consistent with the recommendations from our health care partners, the court will work with Clark County Real Property Management to enhance Regional Justice Center’s infection controls.

For more information on the District Court’s COVID-19 response, including our COVID-19 Trial Plan, please visit our website at http://www.clarkcountycourts.us.  Visit ejuror.clarkcountycourts.us; Email ejuror@clarkcountycourts.us;  or call 702-455-4472 between 8 a.m. and 5 p.m. and press 0.  If you are scheduled to report for jury duty call 702-455-4472 after 6 p.m. to verify that you are needed and the time to report.

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Signs are everywhere. People tend to ignore them. But in the COVID era it is worth your time to pay attention to the signs, such as those at the courthouse that convey what’s open, what’s closed, what’s moving and where to go to get what you need. Included are a few with important information for those with business at the court.

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Those looking to address tickets can visit the respective court website:

Links to Las Vegas Justice Court https://lvjcpa.clarkcountynv.gov/Anonymous/default.aspx …

Las Vegas Municipal Court https://municourt.lasvegasnevada.gov

Further questions be should addressed by calling the phone number listed on the ticket.

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Eighth Judicial District Court of Nevada Chief Judge Linda Bell just issued Administrative Order 21-03 that provides the latest updates to the court response to COVID-19.

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On January 4, Judge Rhonda Forsberg was in a big hurry. This was the day that the entire Nevada Eighth Judicial District Court bench was required to swear their oath to uphold justice for the new term. The day before, Judge Forsberg took the oath of office from another judge in a park who lived near her because she tested positive for the coronavirus. It was outdoors, they had on masks and they kept their distance. That colleague wasn’t showing symptoms and it seemed fairly safe.

Upon arriving at the family courthouse on Monday morning, Judge Forsberg learned that there was a need for a volunteer to do a very special mission to swear in the newly elected department Z Judge Michele Mercer at the hospital. Judge Mercer had been admitted for the coronavirus on New Year’s Eve, and she was now on oxygen, surrounded by care-givers dressed in full hazmat suits.

Nevada law requires that judges must give their oath before another judicial officer in-person. When Judge Mercer learned she had to do the oath in-person, she said that she hoped the hospital would allow her to go to her car where envisioned someone empowered to take her oath would meet her, at least six feet away. But it quickly became clear that the hospital couldn’t release her – even for just a few minutes to solemnly swear that she would faithfully execute the duties of her new office. “I hoped and prayed that someone would come and swear me in,” said Judge Mercer. She remembered feeling understandably powerless and anxious.

Judge Forsberg knew what had to be done. Judge Mercer only had a hospital gown, so her husband met Judge Forsberg in the hospital parking lot and gave the judge his wife’s new judicial robe that he had just lovingly ironed. She took the robe and headed into the hospital, where the staff prepped her with plastic protective covering.

Judge Forsberg stopped short of the opened hospital room door and handed the robe to a nurse who transported it approximately 12 feet away, to soon-to-be-Judge Mercer, waiting nervously in the room. Judge Forsberg stood in the hallway near the entrance of the room, with Judge Mercer in her line-of-sight, as the latter hurriedly zipped up the brand new, freshly-pressed robe over her worn and wrinkled hospital gown. The nurse stood behind Judge Mercer and started recording the miniature ceremony. “OK, raise your right hand,” said Judge Forsberg.

Despite being in the throws of fighting the deadly virus, Judge Mercer rallied herself to robe up, put her hand on the Bible and swear her oath. Once it was over, she collapsed back onto her hospital bed, exhausted from the ordeal.

She was released from the hospital three days later, still on oxygen. After a few more weeks, she beat the virus. She has since taken the bench and is working in full swing. Judge Mercer expressed tremendous gratitude for Judge Forsberg’s willingness to brave the hospital so she could take her oath to serve on the District Court bench. “It was so incredibly kind of her and so brave,” said Judge Mercer. “She probably thought it was going to be OK until she arrived and saw the hospital staff suited up with full hazmat uniforms. It looks like they’re going to the moon. I think she was pretty terrified once she got there. This is a disease that is taking people’s lives. I was very grateful.”

Prior to this, the two women had known each other professionally and had worked as opposing counsel in the past.

Speaking of her time in the COVID ward Judge Mercer said, “I witnessed every level of human emotion going to the hospital on New Year’s Eve. It felt like a MASH unit in the emergency room with the staff working their tails off and patients screaming and complaining and yelling.” On multiple occasions she spoke of the hospital staff and said, “The hospital and staff were amazing! They had amazing positive attitudes, they were so inspirational; and seeing what Rhonda did for me was so inspiring.”

Judge Forsberg was matter of fact about braving the hospital to swear in a COVID positive colleague.  “I was nervous and thinking, let’s get this done,” said Judge Forsberg. “I told her we would forever have a bond.”

Judge Mercer will take her ceremonial oath of office at an investiture on Friday, February 5 at 3 p.m. in front of a handful of family and friends. It will be live-streamed at https://www.facebook.com/clarkcountycourts.

“I know I’m meant for this job. I know this is what I am supposed to be doing,” said Judge Mercer. “I got into this because I want to make a positive difference.”

To view of video of Eighth Judicial District Court of Nevada Family Division department Z Judge Michele Mercer Judge swearing her oath in the hospital before Judge Rhonda Forsberg visit https://youtu.be/6cS-w1qXsY8

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The Eighth Judicial District Court (EJDC) of Nevada will resume jury trials Feb. 1 with an extensive plan in place that involves air purification, rapid testing, social distance measures throughout the process, plexiglass partitions and other precautions in place to keep jurors, judges, attorney and other trial participants socially distant and compliant with the Center for Disease Control guidelines.  A live video stream of trials will be available on the court website home page http://www.clarkcountycourts.us.  Jury trials have been suspended since March 14, after Governor Steve Sisolak declared a state of emergency in Nevada in response to outbreak of the Coronavirus Disease (COVID-19). 

“District Court is committed to safely resuming jury trials in Clark County in order to fulfill the court’s responsibility of providing fair and timely administration of justice,” said Chief Judge Linda Bell. “We worked closely  with several entities, including Clark County, University Medical Center (UMC), the State of Nevada’s Division of Health and Human Services (DHHS), and the Southern Nevada Health District (SNHD) to develop and implement  a very comprehensive plan that enables the court to resume its in-person jury operation in a manner that protects those who participate in the jury trial process during the COVID-19 pandemic.”

The EJDC plan is designed to conduct in-person jury trials by taking every reasonable precaution that has been recommended by community health care professionals including:

· The Jury Commissioner will mail a letter accompanying jury summonses advising all prospective jurors of the COVID-19 safety protocols contained in this plan. The letter will further include an advisement regarding the availability of a hardship deferral or excusal for COVID-19 related reasons. Prospective jurors who are experiencing symptoms, feeling sick, or have been exposed to COVID-19 will be advised to not report for jury duty. Prospective jurors who are considered high risk, such as persons 65 years of age or older, or persons with underlying medical conditions which place the person at risk will be eligible for a deferral.   

· The Jury Commissioner will summons a reduced number of citizens to field a sufficient amount of jurors for a venire not to exceed 55 prospective jurors at any one time. Summons reporting trends will be monitored with adjustments made as needed.

· A new standard supplemental questionnaire will be added questionnaire will seek information to help shorten the jury selection process by allowing the court and counsel to pre-screen prospective jurors for issues related to undue hardship, extreme inconvenience, and overall fitness to serve. The supplemental questionnaire will include COVID-19 questions that will allow prospective jurors to reflect on whether they believe they can safely serve as a juror.

· All jurors, witnesses, and trial participants entering the courthouse will be required to wear a face covering at all times while in the building except when eating or drinking during breaks. Personal cloth face coverings and surgical masks will be allowed. If an individual does not have a face covering upon entry the marshals will provide one at no cost. Face coverings must fully cover the nose and the mouth and may not have vents. Additionally, while face shields are permissible, they must be worn in conjunction with a face covering.

· Before entering the jury room, each prospective juror will undergo a temperature check and answer the Centers for Disease Control and Prevention (CDC) approved COVID-19 screening questions. Prospective jurors will be checked-in by jury services staff and then be seated on socially distanced chairs in the jury room. Appropriate facial coverings must be required to be worn continuously at all times. A maximum of 55 persons will be allowed in the jury room at one time. Hand sanitizer stations will be available for use by all trial participants throughout the jury room and courthouse, as will other PPE such as disposable masks, gloves, and cleaning supplies. 

· District Court trials in the Regional Justice Center will only be conducted in re-configured courtrooms that are capable of accommodating six feet of social distancing between trial participants. Physical modifications will include removing barriers to create more open space. In areas where six feet of social distancing is not practical, such as the judge’s bench, witness stand, counsel tables, and court staff desks, Plexiglas physical dividers will be installed.

· Additional video monitors, microphones, and other forms of technology will be added to ensure trial participants can clearly see and hear the proceeding. If microphones are used, they will either be disinfected after each use, or the court will use disposable microphone covers.

Consistent with the recommendations from our health care partners, the court will work with Clark County Real Property Management to take additional measures including:

· Enhance the air quality and air disinfection within the courthouse.

· Enhance the environmental sanitation in the Regional Justice Center.

· Increasing porter services throughout the day to continuously disinfect high touch surfaces i.e. (elevator buttons, escalator handrails, restroom spaces, etc.), and providing individual antibacterial cleaning wipes for all trial participants to wipe high touch areas during breaks to increase frequency and surface cleaning.

· Enhance Regional Justice Center’s infection controls. This will include, replacing cloth chairs with cleanable material, adding hand sanitizer stations at all entrances with greater than 60 percent alcohol, adding plexiglass dividers, additional signage to encourage hand washing and symptoms review, and admonishment to jurors not to attend large gatherings during trial. 

· Seated jurors will be provided the option to have a clear face shield to wear in addition to their masks for added protection.  They will also receive a new, unused notepad and a new, unused pen. The jurors will leave the pen and pad at their seats during breaks/evenings. 

· Defense counsel will be provided a headset system to have private, confidential communication with their client and maintain social distancing.

· Trial exhibits may only be submitted electronically, unless otherwise permitted by the trial judge. If paper or physical evidence is determined to be necessary, disposable gloves must be used by all trial participants.

· Judges will move to an alternative location where social distancing may be maintained and a record may be made for any discussions required outside the presence of the jury.

· Jury deliberation rooms in the courthouse will not be used at this time due to their limited size. Instead, jury deliberations will be conducted in the courtroom or an adjacent courtroom where jurors can be safely socially distanced.

· Juror meals provided by the court during trial will be individually prepared meals, rather than buffet style to reduce the risk of exposure.  

· District Court IT will provide live streaming access to any open public trial proceeding. No in-person spectators will be permitted in the courtroom. At any time during trial, the judge may order live streaming to be turned to audio only should it be deemed necessary for the safety and security of a witness. 

The EJDC and UMC have entered into a COVID-19 Testing Services Agreement. This agreement will provide onsite COVID-19 rapid testing to all trial participants, including jurors, attorneys, and court personnel, who are developing symptoms during a trial or to those who report a potential exposure and a corresponding action plan.

This is the direct link to the Eighth Judicial District Court (EJDC) of Nevada COVID-19 jury trial plan https://eighthjdcourt.files.wordpress.com/2020/10/ejdc-covid-19-jury-trial-plan_public.pdf

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In the recent election, 22 new judges were elected to serve in the Nevada Eighth Judicial District Court. The first of several specially coordinated investitures is scheduled for February 5 at 3 p.m. The investitures for Judge Soonhee ‘Sunny’ Bailey, Department I; Judge Dedree ‘Dee’ Butler, Department J and Judge Michele ‘Shell’ Mercer, Department Z. will be live-streamed at https://www.facebook.com/clarkcountycourts. Investitures are formal ceremonies with significant symbolism, as new judges publicly swear an oath to uphold justice prior to being ceremonially robed. The ceremonies are usually done before a big gathering of family, friends and supporters. This year, the investitures will include coronavirus safety measures with just a few observers to reduce the potential for spread of the coronavirus.

“The District Court bench is welcoming 22 new judges during a time of unprecedented challenges due to the coronavirus. The investitures celebrate the arrival of the biggest and most diverse group of new judges to join the court at one time,” said District Court Chief Judge Linda Marie Bell. Judges Bailey, Butler and Mercer each bring unique experience to the Family Division that will be an asset as they work to address the mounting caseload our court faces.”

Prior to her election to department I, Soonhee “Sunny” Bailey served  as a delinquency court hearing master where she started the Detention Alternative for Autistic Youth (D.A.A.Y. Court), a diversion court aimed to address the issues of youth with Autism Spectrum Disorder. She also served the Department of Business and Industry as the acting labor commissioner for the Office of the Labor Commissioner and as a hearing officer for the Nevada Taxicab Authority; the city of Las Vegas Municipal Court as an alternate judge; the Las Vegas Justice Court as a judge pro tempore; the Clark County Public Defender’s Office as a deputy public defender and worked in private practice at the Olson, Cannon, Gormley, Angulo and Stoberski law firm. She is also the co-author of the Courtroom Handbook on Nevada Evidence, which is currently in its 14th year of publication She received her undergraduate degree from University of Washington and  her juris doctorate from Seattle University School of Law. 

Prior to her election to department J of the Family Division, Dedree ‘Dee’ Butler, started her legal career as a law clerk and then an associate attorney at Schuetze & McGaha law firm where she primarily practiced family law and insurance defense. After participating in the UNLV Boyd Juvenile Justice clinic, she worked as a deputy public defender in the juvenile delinquency division of family court, representing children. She then served as a track attorney in the adult division of the public defender’s office. She served as the team chief of the domestic violence unit for about four years, with a total of over 10 years employed by Clark County. She received her undergraduate degree from Howard University and her juris doctorate from the University of Nevada William S. Boyd School of Law.

Prior to her election to department Z of the Family Division, Michele ‘Shell’ Mercer served as a pro-tem hearing master for the District Court and a hearing master for the Department of Family Services. She served as a consumer member of the Chiropractic Physicians’ Board of Nevada and volunteered to help community youth as a truancy diversion judge. She has been an instructor for the UNLV paralegal program and for the community college. She has also been recognized on the Pro Bono Honor Roll for her volunteer work. She has been in private practice, primarily in family law, for over 22 years. She received her undergraduate degree from the University of Texas at Austin and her juris doctorate from St. Mary’s University School of Law.

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Nevada Governor Steve Sisolak extended the current statewide pause to contain the coronavirus to Feb. 15. In line with that, Administrative Order 21-01 was jointly issued by Nevada Supreme Court Chief Justice James Hardesty and Nevada Eighth Judicial District Court Chief Judge Linda Bell. Administrative Order 21-01 extends restrictions on in-person court operations with some exceptions.

(1) Criminal Grand Juries have commenced with meeting again this week.

(2) Jury trials will recommence on Feb. 1.

(3) In-person bench trials may resume on Feb. 1, as long as social distancing is observed.  Handling matters by alternative means is preferred.

(4) Judicial Investitures will be an exception to the prohibition against in-person court meetings given that we have secured a few large space at the convention center and that we will comply with the Governor’s cap on gathering size. 

The full order provides specifics on court measures to continue to prevent the spread of the coronavirus at court facilities.

Administrative Order 21-01

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There is no doubt the COVID-19 pandemic is wreaking havoc on our lives. The courts are not exempt. Despite best efforts to keep the justice system moving, delays are inevitable. Below is a link to an Order Amending Nevada Rule of Civil Procedure 41(e) filed in the Nevada Supreme Court on December 4, 2020, in ADKT 0560 that addresses the delays created by the pandemic.

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