Pubdate: Wed, 21 Jun 2000
Source: Las Vegas Sun (NV)
Copyright: 2000 Las Vegas Sun, Inc.
Contact:  P.O. Box 4275, Las Vegas, NV 89127
Fax: (702) 383-7264
Website: http://www.lasvegassun.com/
Forum: http://www.vegas.com/ubbcgi/Ultimate.cgi
Author: Cy Ryan  - Sun Capital Bureau

PANEL CALLS FOR SOFTER LAWS ON POT POSSESSION

CARSON CITY -- A judicial commission, headed by Chief Justice Bob
Rose, is going to recommend reduced penalties for possession of small
amounts of marijuana and being under the influence of drugs.

The Judicial Assessment Commission of the Nevada Supreme Court made
the same recommendation five years ago, but the Legislature didn't buy
it.

In addition to the drug recommendations, the commission is suggesting
minor traffic offenses that don't involve accidents be
decriminalized.

Nevada has one of the toughest laws in the nation on marijuana
possession, making it a felony punishable by prison time. The
recommendation from the commission is to make it a misdemeanor, which
carries a maximum of six months in jail and a $1,000 fine.

The recommendation is to bring Nevada law "in line with the other 49"
states -- "a more realistic penalty," Rose said.

Rose said Tuesday the 40-member commission's final report will be out
around September. Half of the commission members are judges and
lawyers, the other half lay persons.

Rose declined to discuss the report further. But judicial officials
point out that many cases of possession of 4 ounces or less of
marijuana are reduced to misdemeanors in Clark and Washoe counties but
are prosecuted to the fullest extent in rural Nevada.

The commission also recommended the penalty for a person who uses or
is under the influence of a controlled substance be lowered from a
felony to a misdemeanor. Under current law, a person who drives while
under the influence of drugs is charged with a misdemeanor. But people
who walk down the street while "high" can be charged with a felony.

The commission also recommended minor traffic offenses -- ones that
result in four demerits or less on driving records -- be
decriminalized from misdemeanors to civil offenses. That would clear
the court calendars to hear more serious offenses, the panel reasoned.
The change would still require fines of offenders, and the courts, if
the person didn't pay, could attach a bank account or wages.

And it wouldn't leave minor offenders with a criminal
record.

Such offenses might include going 16-20 mph over the posted speed
limit; going too slow so that it impedes traffic and running a red
light, according to the state Department of Motor Vehicles. However,
the cases where there are traffic accidents would still continue to be
handled as criminal offenses.

Some neighborhood disputes would be decriminalized if the Legislature
approves the recommendations. An example might be a dog repeatedly
barking at night. The owner would receive a civil citation rather than
being charged with a misdemeanor.

The commission also plans to encourage Gov. Kenny Guinn to pump more
money into mental health programs. Commission members reason that
mentally ill people are clogging the courts, because Nevada does not
have an adequate mental health system to deal with them.

During the budget cutbacks of the early 1990s, the state Division of
Mental Health and Mental Retardation was among the hardest-hit
agencies. It has been trying to recover for years.

The commission recommends a "blended" juvenile and adult system so
that youthful offenders can be subjected to adult criminal processes,
including being sentenced to prison, but be given the opportunity to
be rehabilitated through the juvenile system.

The panel also suggested a major change in the way Nevada elects
judges. Vacant judicial seats would be filled by a regular election
with several candidates. But sitting judges would face re-election
with no opponents. Voters would simply decide whether to retain or
bounce the judges from office.

All judges now can face opponents in every election. Efforts to change
the current system have met with failure in past Legislatures.

Among the commission's other recommendations:

Create an appellate court to hear cases after they are decided by the
district court but before they reach the Supreme Court.

Establish a special committee at the Supreme Court level to review
what is a public document and consider guidelines that classify all
court documents as public.

Recognize the rights of citizens to represent themselves in civil
trial courts. The commission wants to ensure that the poor can handle
their own case and suggested standardized, multilingual court forms
for the most common pleadings, briefs, orders and other documents.

These would apply mostly in family court.

Encourage more free work by lawyers. The Supreme Court should adopt a
rule for a lawyer to either contribute $500 into a fund or do 20 hours
of pro bono work per year. Law students should be encouraged to do
free legal work and receive credit for it.

The State Bar should create an option to allow dues from lawyers to be
earmarked for pro bono services, the panel said.
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