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3 Finalists Named for Each of the Two Judicial Vacancies in the Fourth Judicial District Court
Friday, 18 November 2011 16:48

Nevada Supreme Court Chief Justice Nancy Saitta announced that the Nevada Commission on Judicial Selection today named three finalists for each of the two vacant seats at the District Court in Elko.

The seats became vacant because of the death of District Judge Andrew Puccinelli and the retirement of District Judge Michael Memeo.

The nominees were selected following interviews by the Nevada Commission on Judicial Selection on November 18 in the Elko County Commission Chambers.  The names of the finalists have been sent to Governor Brian Sandoval, who will appoint the new judges from the lists. 

The Commission’s three nominees for Judge Memeo’s Department 1 seat, in alphabetical order, are:

  •   David D. Loreman, 52, Spring Creek, attorney in private practice
  •   Nancy Lynn Porter, 50, Elko, attorney in private practice
  •   William E. Schaeffer, 56, Battle Mountain, attorney in private practice

The Commission’s three nominees for Judge Puccinelli’s Department 2 seat, in alphabetical order, are:

  •   Judge Alvin R. Kacin, III, 43, Elko, Elko Justice and Municipal Court
  •   Kristin A. McQueary, 47, Elko, Elko County District Attorney’s Office
  •   Nancy Lynn Porter, 50, Elko, attorney in private practice

Judicial Selection Commission rules allow an applicant to be selected for more than one vacancy.  In this situation, having one name appear on both lists ensures the governor has three names from which to choose for each department.

Four attorneys applied for the Department 2 vacancy.  The same four plus an additional attorney applied for the Department 1 vacancy.  Applicants had to be Nevada attorneys with 10 years of legal experience, two of those in Nevada. 

Judge Memeo resigned effective November 1, 2011.  He has served nearly 15 years since being elected in 1996 as one of two judges on the District Court bench in Elko County.

Judge Puccinelli, 58, died on August 8, 2011 as he battled cancer.  He had served on the bench since being appointed in 2002.

Because the Fourth Judicial District Court has just two judges, senior judges and visiting judges have been assigned by the Administrative Office of the Courts to sit in the Elko courts and ensure that cases are heard in a timely fashion.  Temporary judges will continue to sit until the new appointees are named and take the bench.

The November 18 interview and selection process by the nine-member Commission once again was open to the public, as it has been since 2007. 

In selecting the finalists, the Commission considered the applicants’ interviews along with information in comprehensive applications about education, law practice, business involvement, community involvement, and professional and personal conduct.  The Commission also considered letters of reference and public statements during the interview process.

Applications of the attorneys were posted on the Supreme Court website, www.nevadajudiciary.us .  The applications of the finalists will remain on the webpage of the Commission on Judicial Selection until the Governor makes his appointments (although some personal information and letters of comment will remain confidential).

No time limit exists for the Governor to make a judicial appointment.  However, if an appointment is not made within 30 days following submission of names by the Commission, the Governor may make no other appointments to public office.

Whoever the Governor selects must run and win in the 2012 election to retain the seat. 

The Commission is composed of seven permanent members – the Supreme Court Chief Justice, three non-attorneys appointed by the Governor and three attorneys appointed by the State Bar of Nevada.  Neither the Governor nor the Bar may appoint more than two permanent members from the same political party, and cannot appoint two members from the same county.

For District Court vacancies, two temporary members are appointed from the judicial district where a vacancy occurs – a non-attorney by the Governor and an attorney by the State Bar – bringing the Commission membership to nine.  The temporary members serve only until the nominations for the vacancy are transmitted to the Governor.  

The regular commission members are:

  • Chief Justice Nancy Saitta, Chair
  • Ann Bersi, Ph.D., former deputy district attorney in the Civil Division of the Clark County District Attorney’s Office (State Bar appointee)
  • G. Fred Boyd, small business consultant in Reno (Governor appointee)
  • Scott Freeman, Reno attorney (State Bar appointee)
  • Jeffrey Gilbert, Las Vegas, veteran gaming executive (Governor appointee)
  • Thomas L. Stockard, Fallon, Churchill County Deputy District Attorney (State Bar appointee)
  • Leslie M. Williams of Schurz in Mineral County, Economic Development Coordinator for the Walker River Paiute Tribe (Governor appointee)

The temporary commission members were:

  • Former Elko Assemblyman John Carpenter (Governor appointee).  He served in the Legislature from 1987 until leaving office in 2010.  He is a rancher, real estate broker and Elko businessman. 
  • Deputy Elko County Public Defender Andrew M Mierins (State Bar appointee).
 

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