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Storey County commissioners debate process to fill Justice of the Peace vacancy; motion to begin recruitment fails
Summary
After weeks of discussion, the board considered staff recommendations for recruiting an interim justice of the peace but a motion to start a 15‑day recruitment died for lack of a second. Commissioners voiced concerns about incumbency, timing with the filing period and state appointment if a commissioner runs for the seat.
Storey County commissioners considered whether to begin a formal recruitment process to fill a vacancy for the Justice of the Peace but did not adopt a recruitment plan after a motion lacked a second.
County Manager Austin Osborne presented staff's draft recruitment strategy, which would form a committee to vet applicants, confirm qualifications with the clerk/treasurer and recommend a single candidate for the board to consider. Osborne said Judge Eileen Harrington is preparing to become a senior judge and would continue performing duties until an interim appointment is made.
The board's discussion centered on timing, democratic principles and legal risk. Commissioner Donnie Gilman said he preferred waiting and letting the election process run its course. "My preference is to wait," Gilman said, noting he was concerned about giving incumbency to an appointee and the possibility the governor would have to appoint a replacement if a sitting commissioner later sought the seat.
Vice Chairman Clay Mitchell and other commissioners said they felt the county had a responsibility under state law to ensure the office was filled and argued there were advantages to starting a recruitment now so the board would know available candidates before the January filing period. Mitchell noted the board must be unanimous to appoint someone and that, practically, inaction would leave the office in its current temporary state.
A public commenter, former commissioner Bob Hastings, described a similar situation from his past experience and urged the board to act, saying an appointed candidate can still serve the community well.
Mitchell moved to start the recruitment process on Nov. 1, open a 15‑day filing window for letters of interest, and have the vetting committee present a candidate to the board within about 30 days after the close of applications. The motion did not receive a second and therefore failed on the floor. Commissioner Gilman later confirmed his continued preference to wait until after the election before initiating recruitment.
Discussion-only items included clarifications from staff that applicants must meet Nevada qualification requirements (including being a qualified elector in Storey County) and that Judge Harrington would serve as senior judge and continue many duties until an appointment, with administrative tasks to be handled by county staff as needed.
The board did not take further action on the item at the meeting; staff and legal advisors remained available to provide follow-up information.
Ending
Board members agreed the default outcome of disagreement among commissioners is inaction; the vacancy remained unfilled pending any future unanimous direction by the commissioners.
