Suggestions made to eliminate race, gender bias

CARSON CITY -- Recommendations to achieve equal racial and sexual treatment for Nevadans in court and when dealing with law enforcement officials call for such things as changing the jury selection process

Cultural diversity training for judges and police was another suggestion in a report released today.

The report, the third in 10 years, also recommends more study to see how deep the problem of inequalityreally is for minorities, the poor and women.

A task force, headed by Las Vegas attorney Kevin Kelly, said a law school, that is scheduled to open this fall at UNLV, will help because it will require first-year students to complete 50 to 60 hours of community service.

In January 1988, a task force on gender bias in the judicial system, completed its report. In June 1997, the group on racial and economic justice, filed its report with the Nevada Supreme Court. This task force was to draw up a plan to remedy inequalities in the system.

"We've already said this was a serious problem, but we don't have a firm handle on how serious it is," Kelly said,

He said he doesn't want to see this and past efforts sit on the shelf and gather dust. Some recommendations made 10 years ago in the gender-equity study have been implemented, but some are included in this report.

The powers of the task force, until now a study group, would be expanded. It would approve the cultural diversity training programs for police, judges, probation officers and others, and act as a liaison with the Governor's Juvenile Justice Commission to assure police agencies "will eliminate race, gender and economic bias to the extent possible."

The cost to implement the recommendations was not computed, but it could be in the hundreds of thousands of dollars. Among recommendations were the creation of interpreter offices in all the judicial districts, more public defenders to be on call and quicker handling of cases by the courts.

The Supreme Court must continue its "unyielding support" of the task force and its recommendations, Kelly said.

"To do otherwise would be a great disservice to the many women and men who have served tirelessly for both the gender and racial and economic task forces."

The 1995 Legislature gave the Supreme Court $222,500 for the study. The 1997 Legislature authorized $290,000 for continuing education of judges and also to pay for the task force's plan. Kelly said only about $30,000 has been spent by his task force. The court wanted the final report before disbursing any money.

These recommendations were released at the same time that it was revealed there are no blacks or Hispanics on the 83-member staff of the Nevada Supreme Court. There are three Asians and one Indian.

The task force wants to abolish the exemption that allows elected officials, correctional officers, legislative employees, physicians and people over 70 to escape jury duty.

Besides voter registration and Department of Motor Vehicles lists, potential jurors would be drawn from the unemployment and welfare rolls. A study on juror compensation, including per diam, child care, parking and other expenses, was suggested. Private companies would be encouraged to educate employees about their civic duty for jury service.

Demographic information, such as race, gender and economic level, would be kept on potential jurors. And juror would be allowed to forgo his stipend, which would then be used for improving the judicial system.

Another recommendation would be to liberalize the bail system. Courts would get the authority to release defendants to parents or other responsible adults who will insure the defendant's appearance in court. Defendants could be sent to halfway houses or be placed under house arrest to continue working while awaiting trial.

Defendants would be permitted to post a 10 percent bail in lieu of a bail bondsman. The deposit would be refundable minus any service fee, court imposed fee or restitution.

Additional information on people arrested and on who is released on bail was suggested. This information would be used to redesign the bail system

Suspects should be formally charged within 48 hours of arrest, the task force suggested. A criminal defendant must be brought to trail in six months.

A law to prevent district attorneys from stacking on criminal charges, which leads to unreasonable bail, was recommended. A study examining the difference in charges based on a person's race or economic plight, was also recommended.

Public defenders would handle a uniform number of cases each year so they are "not overworked to the point that they cannot render effective assistance of counsel." The task force says a full time public defender should be limited to 150 cases each year.

In the large judicial districts, such as Clark and Washoe counties, public defenders should be stationed at the jail so they can speak to the person arrested without a long wait. Video conferencing between the public defender's office and the jail was also suggested. Lawyers should document the time they spend with each client.

Defense attorneys should have access to how the state Parole and Probation Department computes its scores on whether a criminal defendant is a good risk for probation.

The task force wants law enforcement agencies to report race, gender, age and salary of their employees. Misconduct complaints brought against police should be submitted to the task force.

District attorneys will be encouraged to provide the standards they use in deciding to ask for the death penalty. And the task force wants race and gender information on defendants and victims in capital cases.

The report recommended the Legislature change the law to set a deadline for the courts to act in cases recommending temporary support for spouses. There should be a comprehensive study on the inequities facing women undergoing divorce. The governor should establish an oversight committee to monitor child support awards and enforcement.

The task force consists of volunteers plus Executive Director Elgin Simpson and an administrative assistant.

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