by Toni Milano
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Elko's Fourth Judicial District
Court, from left, Judge Kriston Hill, Chief Judge Al Kacin and Judge
Mason Simons, recently discussed the reorganization of the court with
the addition of Department 3 in 2021. |
Since the election of former Elko County Public Defender Kriston Hill to Department 1, former Elko Justice of the Peace Mason Simons to Department 3, and reelection of Department 2 Judge Al Kacin last year, all three have solidified their commitment to serving the community.
“Since taking office, both of the other district court judges have been extremely helpful and supportive,” Simons said. “The judges work closely together, convening for monthly judicial meetings, making changes to our local court rules, addressing outstanding issues, and working to improve the operations of the court.”
Kacin, who was selected as the first Chief Judge of the Fourth Judicial District Court on Dec. 21, explained the addition of a third district judge has been “helpful to the Fourth Judicial Court and essential for the public we serve.”
The Departments sorted out their caseloads throughout the year and distributed various judicial duties among all three judges.
Hill was assigned a “large” guardianship and probate caseload, including felony DUI diversion court, with cases previously assigned to Department 1 transferred to Simon’s Department 3.
Kacin retained the Adult Drug Court, civil cases, and domestic relations proceedings initiated before 2021.
In May, Simons became the juvenile judge who facilitates child welfare and juvenile delinquency cases.
The redistribution of cases was due to Hill’s previous work as Elko County Public Defender. It prompted “her ethical obligation to disqualify herself from presiding over any criminal cases” assigned to her office, Kacin said.
He said about 15% of his court calendar included jury trials, and another 24% was dedicated to preparing those cases. Additionally, “the lion’s share” of his time was spent catching up on a backlog of jury and bench trials caused by delays from the pandemic.
Kacin credited Simons and Department 3 for contributing to a more manageable calendar and caseload.
“The bottom line is that my caseload would have been unmanageable had Department 3 not been created and occupied by a district judge this year,” Kacin said. “It has permitted Elko County’s general jurisdiction court to hold trials quicker and dispose of cases somewhat faster during a pandemic year that saw total case filings rise.”
In 2020, the Fourth Judicial District had 1,985 filings for criminal, civil, family, juvenile and reopened cases with a 97% disposition rate, according to the Annual Report of the Nevada Judiciary. In 2021, the report stated the district had a combined total of 1,996 cases at a 98% disposition rate.
“I anticipate that our disposition rate will increase as we further cull the backlog of jury trials, which are generally the most time-consuming proceedings the general jurisdiction court conduct,” Kacin said, “and we make other efforts to manage the caseload more efficiently.”
In 2022, Department 2 will be taking residence inside the former Washington Federal bank building across the street from the Elko County Courthouse. Kacin said he was “very eager” to move in because his court needed the space for jury selection and trials.
“It’s a large space and should be renovated by the end of the first quarter of 2022,” Kacin said, noting he has had to hold jury selection at the Elko Convention Center due to the “cramped courtroom that Department 2 occupies now.”
“A judge should be near his or her chambers to work on trial-related and other matters as they come up during jury trials,” Kacin explained. “Our judges will be able to dispose of such matters more efficiently if they can hold jury trials in a courtroom attached to judicial chambers.”
Next year, Department 1 will move into Kacin’s offices and courtroom after he moves into the former bank building, which Hill welcomes after a year of moving her courtroom to various locations throughout the Elko County Courthouse, settling in a remodeled conference room.
“Almost a year into the job, and Department 1 still does not have actual court space,’ Hill said. “The other judges have been generous with their courtroom and very accommodating, but they have their own busy calendars.”
Elko County Commissioners have discussed the possibility of constructing a new judicial complex to house Justice and District courts, but Kacin said the former bank was a much-needed “stop-gap facility.” He thanked the Commissioners for providing it to the court and offered its use to other judges who may need to conduct jury selection for their trials.
The building will not include customary court-related fixtures such as a large bench, counsel tables and barriers. That will make it easier to repurpose once a judicial building is constructed, Kacin said.
First-year on the job
Hill and Simons were elected to the bench in 2020 for Departments 1 and 3, respectively, and each called their first year “a learning experience.”
“My first year on the bench has been extremely challenging but incredibly rewarding,” Hill said. “It’s such an honor to serve the people of Elko County.
Simons, who previously served as Elko Justice of the Peace, agreed. “My first year on the District Court bench has been a true honor and a tremendous learning experience. I was fortunate to recruit a talented team, and their support and professionalism have been invaluable during this transition.”
Their first year included organizing a backlog of cases due to the pandemic among the three judges. Because Hill recused herself from many criminal cases, and Simons presided over some as Justice of the Peace, those were transferred to Kacin’s court.
For Hill, she worked to fulfill one of her campaign promises. “With great confidence, I can say that Department 1 is much more efficient than it has been in many years.”
She said “probate orders are signed the same day as the hearing instead of weeks, and uncontested divorces are signed within the same week instead of months.”
“The court has held hearings on countless motions that have been pending for years,” Hill continued. “That includes a habeas pending for nine years, and also a custody motion pending for three years.”
Hill pointed to the success of Department 1 even as courtroom proceedings were placed in various locations.
“Despite the constant struggle to find court space, Department 1 is diligently handling cases,” she said.
As Juvenile Judge, Simons supervises Family Court, Juvenile Probation and Juvenile Detention Center.
“My prior experience serving as Court Master for the Fourth Judicial District Court has proven invaluable,” Simons said. “We have a talented leadership team at the Juvenile Center that has made my job easier.
Moving to the District Court, Simons said the cases he handles now “involve weighty matters of law that affect the lives of our community.”
“These include complicated civil disputes, difficult family matters and serious criminal issues that could result in a lengthy prison sentence,” Simons explained. “These cases often involve novel issues of law and sometimes require extensive research.”
The coming year could also see some fallout from legislative changes to probation violations that passed in 2018. Hill described how the law “has significantly tied the hands of judges and probation officers.”
Assembly Bill 236 took effect on July 1, 2020, as part of an overhaul of the state’s criminal justice system. It requires the courts to set aside, dismiss or defer judgments of conviction and place defendants who have a mental illness or substance abuse issues and are on probation.
“Prior to the change, any violation of the terms of probation could result in probation being terminated and the person sent to prison,” Hill explained. “Now, probation can only be revoked after a ‘non-technical’ violation or after a series of technical violations when graduated sanctions have been imposed.”
Technical violations include committing a new felony or gross misdemeanor. Non-technical violations include failing a drug test, failing to complete Adult Drug Court or other substance recovery program, or being charged with a new misdemeanor.
The Adult Drug Court has also seen reduced application rates due to the decriminalization of marijuana and the lessening of penalties for certain crimes, Kacin added.
“In my experience, people with high risk and high needs do not have as much incentive to apply to a program as rigorous as Adult Drug Court when they are not facing as much time behind bars should probation be revoked,” he explained.
After a year sitting on the District Court bench, Simons said he recognizes the significance of each case that he presides over.
“The seriousness of the work we are called on to perform is not lost on the Court,” he said. “I’m grateful for the trust and confidence the Elko County voters placed in me by selecting me to serve in this important role. I take that trust very seriously.”
Hill agreed, noting that she has encountered “some very complex legal issues this last year, and I welcome the challenge.”
“The
things I’ve learned this year are too numerous to list, and learning
new things is my favorite part of this job,” Hill said. “I am so
grateful for this opportunity to serve my community, and we will
continue to make great strides in resolving cases and continue to manage
new cases appropriately.”
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