MINUTES OF THE
ASSEMBLY COMMITTEE ON JUDICIARY
Sixty-seventh Session
March 18, 1993
The Assembly Committee on Judiciary was called to order by Chairman Robert M. Sader, at 8:00 a.m., on March 18, 1993, in Room 332 of the Legislative Building, Carson City, Nevada. Exhibit A is the Meeting Agenda. Exhibit B is the Attendance Roster.
COMMITTEE MEMBERS PRESENT:
Mr. Robert M. Sader, Chairman
Mr. Gene T. Porter, Vice Chairman
Mr. Bernie Anderson
Mr. John Bonaventura
Mr. Tom Collins, Jr.
Mr. Ken L. Haller
Mr. William A. Petrak
Mr. John B. Regan
Ms. Stephanie Smith
Mr. Louis A. Toomin
Mr. John C. Carpenter
Mr. James A. Gibbons
Mr. William D. Gregory
Mr. Scott Scherer
COMMITTEE MEMBERS ABSENT:
None
GUEST LEGISLATORS PRESENT:
Ms. Christina R. Giunchigliani, Assembly District No. 9
STAFF MEMBERS PRESENT:
None
OTHERS PRESENT:
Ms. Janet Rogers, Sunbelt Broadcasting Company
Ms. Susan Meuschke, Executive Director, Nevada Network Against Domestic Violence (NNADV)
Mr. Dale A. R. Erquiaga, Deputy Secretary for Elections
Ms. May S. Shelton, Director, Washoe County Department of Social Services
Ms. Bobbie Gang, Nevada Women's Lobby
Ms. Lucille Lusk, Nevada Coalition Concerned Citizens
OTHERS PRESENT Cont'd:
Ms. Caryn Sternlicht, Director of Women's Resources, YMCA of Reno-Sparks
Ms. Ande Engleman, Nevada Press Association
Ms. Emily T. Neilson, News Director, Channel 8, Las Vegas
Mr. Mark Mayhew, News Director, KOLO in Reno
Ms. Angeles Ortega-Horsky, Crisis Call Center in Reno
Mr. Nile D. Carson Jr., Deputy Chief, Reno Police Department
Ms. Sandy Marz, Director, Washoe County Law Library
Mr. Bruce Beesly, Chairman, Board of Trustees, Washoe County Law Library
Mr. Michael McDonald, Esq.
Mr. Jim Richardson, Washoe County Law Library Board of Trustees
Mr. Raymond Rodriguez, Esq., Nevada Legal Services
Mr. Rich Myers, Esq., Board Member, Nevada Legal Services
Ms. Mary Henderson, Board of County Commissioners, Washoe County
Mr. Ben Graham, Nevada District Attorney's Association
Ms. Dorothy Nash Holmes, District Attorney, Washoe County
Ms. Sharon E. Classen, Esq.
Ms. Laurel Stadler, Mothers Against Drunk Drivers (MADD)
Ms. Juanita Cox
ASSEMBLY BILL 244 - Prohibits release, publication or broadcast of identifying information concerning victim of sexual assault. (BDR 15-11)
Ms. Christina Giunchigliani, Assembly District No. 9, testified in support of AB-244. Ms. Giunchigliani stressed sexual assault was a chilling crime which counted men, women and boys as well as girls as the victim; however, it was a crime in which the victim was perceived differently than any other crime. Police reports demonstrated victims of robbery, burglary or physical assault might not have been as careful to avoid being the subject of a crime as they should have been, yet society regarded them as victims. On the other hand, the victim of sexual assault often faced an underlying thought in society, that he or she might somehow have asked for it. Somehow sexual assault victims, no matter how innocent were stigmatized as being part of the crime committed against them. Sexual assault victims were treated differently then any other victim. After a sexual assault, spouses and loved ones regarded the victim differently. The treatment a sexual assault victim received was often as traumatic as the crime itself. Publication of the victims name compounded the difficulty of the victim. Ms. Giunchigliani addressed the committee stating, "Passage of AB-244 is perhaps the strongest affirmation that you can make this session of your belief to victims rights." Ms. Giunchigliani called attention to a letter from Renata Cirri, Executive Director, Community Action Against Rape, and explained proposed amendments (Exhibit C).
Ms. Janet Rogers, Sunbelt Broadcasting Company, testified against AB-244. Ms. Rogers called attention to a Florida case The Florida Star v. B.J.F. (Exhibit D), where a rape victim sued the Globe Newspaper for releasing her name, which had been obtained from the police records in violation of the Florida statute. In this case the court held despite the fact the information had been obtained contrary to the statute, it had been obtained from a lawful source and as such the imposition of any civil penalties would be unconstitutional. In October of 1991 a Palm Beach County judge dismissed the criminal prosecution of the Globe Newspaper under Florida statute and this time the judge did rule the Florida statute was unconstitutional. Ms. Rogers said, "I have an advance sheet number and a citation for it and if the committee wants it I would be more than happy to see if I can track that down. That case is on appeal as to the constitutionality of the Florida statute and the case name is Florida v. Globe Communications, case #91-011008MMA10. The decision was issued October 24, 1991." Chairman Sader requested a copy of the case and Ms. Rogers said she would send him one. Ms. Rogers expressed AB-244 violated basic rights in 3 separate instances which she identified as follows:
1. Page 1, subsection 1, line 4, "other identifying information."
2. Page 1, subsection 1(a).
3. Page 1, subsection 1(d).
Ms. Rogers emphasized subsection 1 was a classic example of unconstitutional deprivation of freedom of speech. She explained the people's right to open courts must be preserved and AB-244 could lead to secret courts.
Ms. Rogers then called attention to Supreme Court cases, Globe Newspaper Co. v. Superior Court, Etc., (Exhibit E) which addressed a Massachusetts statute and Nebraska Press Ass'n v. Stuart, (Exhibit F) which was a sensational, multiple sex murder case in a small town in Nebraska.
Mr. Gibbons inquired if any similar law existed in California, Oregon, Idaho, Utah or Arizona. Ms. Rogers responded only three states had a similar law, Florida, Georgia and South Carolina.
Ms. Smith questioned if there were other areas where press was exclusively banned from information. Ms. Rogers answered only for national security. Ms. Smith stated AB-244 had a provision for the victim to waive his right if he chose to. Ms. Rogers stressed the media had no power to remove prohibition.
Mr. Carpenter questioned if the media had guidelines not to disclose the identity of sexual assault victims. Ms. Rogers stated there was a voluntary journalistic code of ethics which was generally complied with. Ms. Rogers stressed her main concern was AB-244 violated first amendment rights and was unconstitutional.
Chairman Sader stated AB-244 might be unconstitutional, but the victims did need protection. Chairman Sader concluded there would be no action taken on AB-244 at this time.
Ms. Susan Meuschke, Executive Director, Nevada Network Against Domestic Violence, testified in support of AB-244 (Exhibit G). Mr. Carpenter questioned if the problem was the name and identity of the victim not be released immediately after the assault, but the victim had the chance to go through the courts. Ms. Meuschke responded the most critical time for an assault victim was immediately after the attack. This was the time the victim needed to be protected. Mr. Anderson asked if AB-244 would encourage victims of sexual assault to come forward knowing they were protected from having their names released. Ms. Meuschke responded AB-244 might help in this situation.
Mr. Dale Erquiaga, Deputy Secretary for Elections, testified in support of AB-244 and submitted information researched by Cheryl Lau, Secretary of State and Chairman, Nevada Commission for Women (Exhibit H).
Ms. May S. Shelton, Director, Washoe County Department of Social Services, testified in support of AB-244. Ms. Shelton submitted a news article from the Sparks Tribune where the perpetrator's name was released which led the press to the victims, who were his children (Exhibit I). Mr. Scherer questioned if the children consented to a television interview. Ms. Shelton responded she assumed they did consent, but noted if victims had the protection of AB-244 this might not have happened.
Ms. Bobbie Gang representing the Nevada Women's Lobby, testified in support of AB-244. Ms. Gang explained her organization was concerned about First Amendment rights, but was also concerned about victim rights and protection.
Ms. Lucille Lusk, Nevada Coalition of Concerned Citizens, testified in support of AB-244 and hoped the bill could be amended to avoid any constitutional problems.
Ms. Caryn Sternlicht, Director of Women's Resources, YWCA of Reno-Sparks, testified in support of AB-244 (Exhibit J). Ms. Sternlicht stated the bill needed to be amended somewhat which she explained in her testimony (Exhibit J).
Ms. Andrea Engleman, Nevada Press Association, testified against AB-244 (Exhibits K & L). Ms. Engleman stated AB-244 was unconstitutional and served no purpose.
Ms. Emily T. Neilson, News Director, Channel 8, Las Vegas, testified against AB-244. Ms. Neilson referred to a letter from Renata Cirri (Exhibit C) and urged the committee to consider this information carefully. Ms. Neilson stressed if information was published pertaining to sexual assault victims, other people would be more aware of what was going on in their neighborhoods. Ms. Neilson also noted AB-244 was unconstitutional.
Mr. Mark Mayhew, News Director, KOLO in Reno, testified against AB-244. Mr. Mayhew was in agreement with Ms. Neilson about AB-244 being unconstitutional. He explained Channel 8 had always used discretion in sexual assault cases.
Mr. Toomin questioned Ms. Engleman if there was a written code of ethics used in her business. Ms. Engleman explained each newspaper had its own policies. Mr. Toomin requested a copy of these policies and Ms. Neilson said she would send him one.
Ms. Angeles Ortega-Horsky, Crisis Call Center in Reno, testified in support of AB-244. Ms. Ortega-Horsky explained her sister was gang raped in Mexico, where they had no rules as to publishing names in newspapers. She stated after 2 years her sister could not even get a job and her whole family suffered severely from this incident.
Mr. Nile D. Carson, Jr., Deputy Chief, Reno Police Department, testified in support of AB-244 and urged the committee to move forward with it.
ASSEMBLY BILL 278 - Authorizes increase in filing fees in certain civil actions and administrative assessments in certain criminal actions for the support of law libraries. (BDR 2-937)
Ms. Sandy Marz, Director, Washoe County Law Library, testified in support of AB-278. Ms. Marz explained how the law library worked and submitted information pertaining to the budget (Exhibit M). Ms. Marz stated no new staff had been hired in the last 10 years with the exception of part-time staff hired for weekends during 1990-91. AB-278 allowed a $30 increase in filing fees for civil actions in district court, $5 for misdemeanors and $25 for felonies.
Mr. Bruce Beesly, Chairman, Board of Trustees, Washoe County Law Library, explained ways the library was trying to obtain funding which were as follows:
1. Washoe County Law Library book fund which was administered by the local bar association. Approximately $10,000 was raised every 2 years.
2. The sale of book circulation cards raised about $9,000 a year.
3. Increased dues for the Washoe County Bar Association raised about $9,000 a year.
4. Grants received from various organizations allowed the library to purchase computer equipment and software.
Mr. Beesly emphasized all items listed above did help, but a better, continual funding method was needed. Increased filing fees seemed to be the best way to acquire the funds needed. Mr. Anderson asked Ms. Marz if the Washoe County Law Library was linked in any way to the Washoe County Public Library or the Judicial College. Ms. Marz responded only the same cataloging system was shared. Mr. Toomin questioned the copy machine expense listed on the library's budget. Ms. Marz responded clients did not always check out the books, but made copies of what was needed. The revenue earned from the copy machine was $26,000.
Mr. Michael McDonald, a Reno attorney, testified in support of AB-278. Mr. McDonald stated, "It's kind of complicated as we're trying to amend the existing structure. It only applies to counties that have created a law library under Chapter NRS 380. That's only Washoe and Clark at this time. It's complicated. It's broken down into civil filing fees and criminal assessments. It's 2 separate parts. The civil assessments, the civil filing fees are currently set up into chapter 19 of NRS. All the filing fees are listed there. One of those filing fees says counties collect $47 for a civil complaint. There's a whole bunch of other add ons that run it up to $110 in Washoe County, but the $47 is the key figure. But you go over to Chapter 380 and it says counties if you create a law library, save $15 to $30 out of that $47 and give it to the law library. Washoe County has selected $15 and I believe Clark County also collects $15 from that $47. The statute as it now is allows the counties to run up to $30 out of that $47 if they want to, but the problem with that is the next $15 comes out of somebody elses pocket. In other words the county has already spent the rest of that $47 so we have to go someplace else to collect more money." Mr. Anderson questioned if the Law Library Board of Trustees was made up of volunteers. Ms. Marz responded yes.
Mr. Jim Richardson, Washoe County Law Library, Board of Trustees, testified in support of AB-278. Mr. Richardson referred to Exhibit N, page 3 which showed a dramatic drop in support for the law library from filing fees from 1982-1992. Mr. Richardson stated
increasing the filing fees was the only reasonable source to raise revenue since the major use of the law library was by people involved in legal actions.
The Honorable Robey Willis was unable to testify but wanted his opposition and the opposition of the Nevada Judges to AB-278 noted for the record. Judge Willis explained to Chairman Sader the fees for filing of court cases was becoming disproportionately large and this was not fair public policy.
Mr. Raymond Rodriguez, Directing Attorney, Carson City Office of Nevada Legal Services, testified in opposition to AB-278. Mr. Rodriguez stated Nevada Legal Services provided legal services to poor people in the state of Nevada except in Washoe County.
Mr. Rich Myers, Esq., Board Member of Nevada Legal Services, testified in opposition to AB-278. Mr. Myers explained the Law Library would like to increase the filing fees by $30 (AB-278) and Nevada Legal Services would like to increase the fees by $7 (AB-50). This would raise the filing fees for a complaint in district court from $110 to $147. Mr. Myers stated Nevada Legal Services funding sources were dramatically decreased this year. He stated they had a $97,000 deficit in their budget this year and if more funding was not obtained, they would have to dramatically cut the services they deliver. Mr. Myers explained the law library had several sources of funding, one of which was the yearly fee of $25 in Washoe County and $50 in Clark County charged to attorneys who used the library. These attorneys were producing income when they worked at the law library and could afford to pay a larger yearly fee. Mr. Myers stated Nevada Legal Services would conditionally oppose AB-278, if both AB-278 and AB-50 could not be funded.
Chairman Sader stated there were four, possibly five bills which would increase filing fees and until the committee had reviewed all the bills together, no action would be taken.
ASSEMBLY BILL 279 - Authorizes peace officer to issue citation of defendant rather than arresting him on certain warrants issued upon misdemeanor offenses. (BDR 14-581)
Mr. Ben Graham, Nevada District Attorney's Association, testified in support of AB-279 and explained the proposed amendment to subsection 2(b) (Exhibit N).
Ms. Dorothy Nash Holmes, District Attorney, Washoe County, testified in support of AB-279 and noted her agreement with the proposed amendment (Exhibit N). Ms. Holmes explained the way the law was now the police officer must make an arrest if there was a warrant issued. Ms. Holmes noted a situation in Washoe County where a woman with a two and a four-year old child in her car was stopped on a minor traffic violation and the officer found a three-year old warrant for failure to return a video tape, a misdemeanor. The woman was taken away in handcuffs and her children placed in welfare.
Chairman Sader questioned if a citation would only occur when the officer confronted an individual in person. Ms. Holmes responded yes. Ms. Holmes explained she had spoken to a representative from Mother's Against Drunk Drivers who was concerned about AB-279 and after checking Washoe County's records said most DUI cases were arrested. Mr. Toomin questioned section 2, subsection 3 if the summons went through regular mail. Mr. Graham responded the summons did go through regular mail and approximately 95-98 percent were received. Ms. Holmes also stated this was not a problem in Washoe County.
Sharon E. Classen, a private attorney in Carson City, testified in support of AB-279. Ms. Classen suggested adding a section to section 1, subsection 2, if there was a crime such as assault, battery or harassment which involved injury to a person.
Ms. Laurel Stadler, representing Mothers Against Drunk Drivers (MADD), testified in support of AB-279 with the language in the proposed amendment (Exhibit N).
ASSEMBLYMAN PORTER MOVED TO AMEND AND DO PASS ON AB-279.
ASSEMBLYMAN SCHERER SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
ASSEMBLY BILL 175 - Prohibits persons from directly or indirectly threatening or intimidating state employees. (BDR 15-466)
Ms. Juanita Cox, representing herself, testified in opposition to AB-175. Ms. Cox stated AB-175 was discriminatory and submitted proposed amendment as follows:
1. Page 1, Summary, delete "state employees" and insert "any Nevada citizen."
2. Page 1, line 3, delete "state employee" and insert "any Nevada citizen."
3. Page 1, remove lines 15-16.
Although no oral testimony was given, written testimony (Exhibit O) was received from the State of Nevada Employees Association (SNEA).
Chairman Sader closed the hearing on AB-175 and stated no action would be taken at this time.
The following exhibits were received pertaining to AB-244 and should be noted in the record:
1. Laura Wingard, SPJ President, Society of Professional Journalists (Exhibit P).
2. Florence McClure (Exhibit Q).
3. Las Vegas Review Journal Opinion (Exhibit R).
4. Julia M. Kreck, Acting Executive Director, Support, Inc. (Exhibit S).
5. Dennis Myers (Exhibit T).
There being no further business to come before committee, the meeting was adjourned at 11:00 a.m..
RESPECTFULLY SUBMITTED:
Jeanne Peyton
Committee Secretary
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Assembly Committee on Judiciary
March 18, 1993
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