|
Until now, the Township of North Las Vegas had two Justices of the Peace in two different courtrooms, Department 1 and Department 2. A new position has been created for a third Justice of the Peace, designated as Department 3. The 2008 election will place a Justice of the Peace in Department 3 for the first time.
Chris Lee is running for Department 3.
While the jurisdiction of this office of Justice of the Peace is the North Las Vegas Township, the Justice Court is actually part of the Clark County system. The City of North Las Vegas has its own Municipal Court with two judges. The two courts fulfill different functions in the criminal justice system.
For many accused of a crime, for victims, and for witnesses, Justice Court may be the first court they’ve ever entered. The Justice of the Peace may be the first judge they’ve ever appeared before. It is the primary level in the criminal justice system, and it is the place where every felony case begins.
The Justice of the Peace reviews the initial charges in all felony cases. This is an important point because the Justice of the Peace sets the initial bail amount for criminal defendants. A judge should base that decision on the severity of the crime, the defendant’s prior criminal record—if any, the defendant’s likelihood to return to court, and most importantly, the overall safety of our community.
In order for a felony case to progress to the district court level, the case must first be processed through the Justice Court level. Plea negotiations are taken and put on the record at the justice court level. Those cases that do not negotiate a plea bargain then proceed to a preliminary hearing in Justice Court.
A preliminary hearing is in essence a mini-trial where the State presents evidence and witnesses that are subject to cross-examination from defense counsel. Here, the judge determines whether there is enough evidence for the felony case to proceed to jury trial in District Court. It is important for the Justice of the Peace to have a depth of experience in felony law, but also a clear understanding of the law so that evidence is admitted or suppressed. Otherwise, the case may dismissed later on a technicality.
Another important function of Justice Court is the signing of search warrants. Police will call the Justice of the Peace to approve search and arrest warrants. It is vital for the judge to have a clear understanding of the law and know how to actually take criminal cases to jury trials. Without those skills, cases may later be thrown out on a technicality that was overlooked by police and judge who authorized the searches or arrests. Some judges—not all—make themselves available at all hours, seven days a week to review and sign warrants.
In addition to authorizing warrants, the Justice of the Peace authorizes protective orders and eviction cases.
The Justice of the Peace also acts as the trial judge for all misdemeanor cases that occur with in the unincorporated areas of Clark County in the North Las Vegas Township. Misdemeanors are not just minor crimes, they actually include cases of domestic violence, violation of protective orders, assault, stalking, carrying a concealed weapon, failure to register as a sex offender, and DUI cases to list just a few. And, the consequences can be severe; a misdemeanor domestic violence conviction can revoke the defendant’s right to own a firearm.
All felony cases, related bail, felony plea negotiations, preliminary hearings for felonies, authorizing warrants, protective orders and evictions, and conducting misdemeanor trials are all part of the job for the North Las Vegas Justice of the Peace. That’s why it is so important to have someone of Chris Lee’s legal skill, work ethic, and sense of public duty representing us.
|