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Can the Nevada AG represent judges in discipline hearings? New filing seeks to find out.

Nye County Judge Kimberly Wanker filed a petition Wednesday to the Nevada Supreme Court to rule on whether the attorney general’s office can represent judges.
Annie Vong
Annie Vong
CourtsRuralsState Government
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Longtime Nye County District Court Judge Kimberly Wanker filed a petition Wednesday with the state Supreme Court seeking “clarification” as to whether the attorney general’s office is legally required to represent judges subject to complaints brought by the state’s Commission on Judicial Discipline.

The commission investigates claims of judicial misconduct or a judge’s disability. 

The motion is short on details about the underlying  complaint against Wanker, the state’s first-ever rural female district court judge and the inspiration behind the main character in a 2023 Lifetime drama starring Reba McEntire. Those specifics are confidential at this stage of the proceedings.

But, the filing raises separation of powers questions regarding the responsibility of the attorney general’s office — which represents judges in civil court proceedings — to legally represent judges facing discipline complaints.

Wanker did not respond to a request for comment via email and phone. A representative for the attorney general’s office declined to comment, citing pending litigation. 

According to the petition, the Nevada Commission on Judicial Discipline sent a letter to Wanker on June 18 that informed her that the commission “had sufficient evidence” to require her to respond to a complaint.

The commission was established via a constitutional amendment in 1976, and is charged with investigating “allegations of judicial misconduct in office, violations of the Revised Nevada Code of Judicial Conduct, or disability of judges.”

Walker said she then requested alternative counsel provided by the attorney general’s office to represent her, as the complaint was filed by First Assistant Attorney General Craig Newby. 

In the petition, Wanker justified the request for legal representation citing Nevada law; that law states the attorney general is required to provide for the defense of any “local judicial officer” in any “civil action brought against that person.”

Her request for representation was denied by the office, which stated that Nevada law did not allow the attorney general’s office to represent or provide legal counsel to a judge in any proceedings before the commission.

The attorney general’s office represents the state of Nevada, state agencies, state employees and “any present or former local judicial officer” in civil court proceedings. For example, the office represented the state of Nevada in lawsuits against Johnson & Johnson, Walgreens, CVS and Teva Pharmaceuticals for their role in the opioid epidemic. 

Two years ago, Wanker dismissed an emergency petition that sought to block Nye County’s plan to hand-count votes in the 2022 midterm election. 

Nearly a decade ago, the Nevada Commission on Judicial Discipline publicly reprimanded Wanker for holding a defendant in contempt of court for actions determined to not be contemptuous, according to the Pahrump Valley Times.

As part of the conditions of the reprimand, Wanker vacated the finding of contempt and agreed to take two courses on management skills and ethics in the courtroom.

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