Clark County District Judge Tina Talim, and challenger Alan Lefebvre.
Clark County District Judge Tina Talim, a 19-year prosecutor with the Clark County District Attorney, has been on the bench since June, after Gov. Joe Lombardo appointed her to fill the Dept. 14 vacancy arising from the retirement of Judge Adriana Escobar. But her selection is raising questions about a rule her opponent, attorney Alan Lefebvre, says could politicize the appointment process.
The Nevada Constitution says the governor “shall appoint a justice or judge from among three nominees” selected by the Nevada Judicial Selection Commission. However, Talim was the only applicant for the position.
Her appointment was facilitated by a commission rule that allows it to bypass the constitution should fewer than three applicants apply. In that instance, the commissioners, without taking a vote on the applicant’s merits, may refer all applicants to the governor for consideration; postpone the process and solicit additional applicants (as it did earlier this year when seeking applicants for Dept. 27); or by a two-thirds vote, disqualify all applicants and begin anew.
“The Constitution requires three names,” Lefebvre said via email. “A rule doesn’t trump the Constitution. The commission was established to make judicial appointments ‘seem’ less political. This system replaced direct appointment by the governor. The three name process was seen in 1976 (or thereabout), as a way to blunt the ‘political’ element. What will never be known, are channels of communication between the executive and the commission. It would be naive to believe such communications don’t take place.”
The Nevada Judicial Commission, which is overseen by the Nevada Supreme Court and chaired by Chief Justice Elissa Cadish, contracted the Ferraro Group to provide public relations. The Ferraro Group provided the Current with a copy of the rule but did not respond to inquiries about its efficacy in ensuring an apolitical process.
Talim declined to say whether she thinks the commission rule complies with the constitutional requirement that the governor select among three applicants.
“I think there’s something to be said about a candidate putting everything out there for public scrutiny,” she says of the appointment vetting process, which includes completing an extensive questionnaire. “It was a tougher road in many ways, because that application is lengthy. You really have to want to do this if you seek an appointment, because the public knows a whole lot more about you than if you just put your name in a race.”
The appointment process has long been viewed as a potential alternative to electing judges – many of whom are unknown to the public. Judicial appointments also alleviate judges of the awkward task of soliciting campaign donations from attorneys and individuals who may appear in their court.
But the three options dictated by the Judicial Selection Commission via its rule – ditching the process and starting over, soliciting more applicants, or submitting fewer than three applicants to the governor – call into question its ability to manipulate the process in favor of or against certain applicants
Lefebvre notes the commission has previously received applications from fewer than three candidates.
“They just extend the time for applications and put out the word through the Bar that more applicants are needed,” he says. “This was hurried. Escobar resigned in April and the commission opened the application period in May, met at the end of May, and sent off the name to the governor with great haste. You would have thought the courthouse was on fire.”
He says he is not ruling out the possibility of a legal challenge.
Lombardo and the bench
Talim is the seventh judge since 2002 to be appointed absent the constitutional requisite of three applicants.
Lombardo, the former Clark County sheriff, who has appointed two prosecutors to the Clark County bench this year, is said by legal insiders, including a number of candidates, to be on a mission to offset the election of former public defenders in 2020. He did not respond to requests for comment on whether he believes the commission’s rule complies with the constitutional mandate that he select a judge from three applicants.
A person with knowledge of the process who asked not to be named in order to provide information says flexibility is necessary in order to fill judicial vacancies.
“You don’t have people that are willing to apply, because it’s such a short window. You’ve got to run (for election) so quickly after you get on the bench that people didn’t want to seek appointment,” the source said.
Talim, the first Indian American to be appointed to the bench in Nevada, says she’s enjoying the challenge of presiding over a civil docket after two decades as a prosecutor.
“It’s like a whole new world. And I have a ton of support from the civil bar, which I think speaks volumes to their belief in my ability to manage the civil calendar that I have,” she said. “I have a very heavy civil calendar. I think it’s one of the heaviest in the Eighth Judicial District, but I’m thoroughly enjoying it.”
Lefebvre, who ran unsuccessfully for the Nevada Supreme Court in 2018, has practiced civil law exclusively. He’s served on the Nevada Judicial Discipline Commission and as president of the Nevada Bar Association.
He suggests it’s easier for an attorney with civil case experience, such as himself, to adapt to a criminal docket, than for a prosecutor or defense attorney to preside over civil matters.
“I just don’t see how prosecutors and public defenders have the experience to preside over civil cases. It’s like going to a barber school to get your hair cut. You’re going to have some people learning on the job,” Lefebvre says. “Criminal law is mostly about facts, and hasn’t changed since the Burger Court (the period from 1969 to 1986 when Warren E. Burger served as Chief Justice of the U.S. Supreme Court).”
Talim confirms she’s scheduled to take on a split docket in January – a prospect that would pose a conflict of interest for the judge, who has been in a relationship for 15 years with Assistant District Attorney Robert Daskas.
“His retirement is imminent. He could retire now,” Talim said. “He’s going to retire before I get criminal cases.”
Talim raised no money as of July 15. Lefebvre has not yet been required to file a campaign contribution and expense report in the special election.