Before the creation of Department Nine, the specialty courts system business court in the Second Judicial District Court of Nevada, Washoe County, judges were apt to have difficulty when they encountered legal cases dealing with specific business issues as not every judge had litigated cases dealing with specific business matters when they were lawyers or worked in the private sector. For most judges, their case load deals more with criminal matters, anything from drugs to intellectual property rights, but business owners deserve to have their cases heard by judges who will understand the issues involved.
The Washoe County business court, Department Nine, was formed three years ago with the intent of putting trained, specially qualified judges on the bench who had the qualifications to sit on a special business court. Judges Brent Adams and James Hardesty were appointed and both had backgrounds in representing business cases as lawyers and sound records as judges.
Getting There – Quickly
All cases filed with the court in Washoe County are randomly assigned to a judge. However, once the case is filed and assigned, the attorneys representing the businesses involved can file documents with the clerk of the court to move the case to the business court to be heard by one of the three specially qualified judges now on the bench in that court, Honorable Judges Bob Perry, Steven Elliott and Brent Adams.
Cases transferred to Department Nine often move faster than in general court due to the judges business background. In a system that is not known for efficiency, this is a definite advantage.
Getting Out of There – Quickly
Not all judges wait for the case to come to them. For example, when cases are assigned to business court, Judge Perry contacts both sides to schedule informal time with all parties to lay out the case before ever getting to court. During the meeting Judge Perry asks outright, how long do you think this is going to take? How much do you think it’s going to cost? How much are you fighting over? If it is six figures and the legal fees are six figures, what is the point? How much discovery are you going to need? Rather than requiring lawyers to file tremendously long briefs that cost their clients thousands of dollars to prepare, Judge Perry sets up a conference with all the parties involved, which often leads to settlement before the case ever reaches the court room.
Within the context of business cases, judges need to be familiar with corporations and LLCs, trademarks and copyrights, accounting and other specialized practices, and those who are not will need to be educated. When Judge Perry was appointed to the business court in 2005 by then-Governor Kenny Guinn, he beat out 16 other candidates in part because of his background in business, which included running restaurants and handling a Hallmark Cards sales territory. He had managed employees, accounting, created budgets and seen to the same issues businesspeople deal with on a daily basis. Perry had already proven himself a proponent of timely court cases by drafting legislation instituting fines against lawyers who file or maintain frivolous lawsuits. The legislation became Nevada Revised Statute 7.085 in 1995 and was amended in 2002 by incorporating Nevada Rules of Civil Procedure 11, which requires lawyers to sign all pleadings they file with the court.
A judge qualified to sit on the bench in Washoe County business specialty court has the knowledge to hear and try business cases fairly, the ability to push hard and finish cases on time and an experienced judge with a business background can understand what is and is not a waste of time when it comes to hearing a case. If your business has to go to court, Department Nine is the place to be.