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Lawmakers hear calls to narrow juvenile certifications after public defenders cite racial disparities and long detention waits
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Summary
Public defenders told the Interim Judiciary Committee that Nevada’s certification process disproportionately affects Black youth and can leave children held in detention for weeks or months; district attorneys said certifications are rare and limited to violent offenses, and both sides suggested targeted statutory reforms.
Jennifer Fraser, chief deputy public defender for Clark County’s youth defense division, told the interim judiciary committee that certification decisions — motions asking juvenile court to transfer a young person to adult court — are producing stark racial disproportionality and harmful delays.
"When you're looking at the certification, 63% are Black youth, and 26% Hispanic, and then white is 4%," Fraser said, contrasting those figures with Clark County census data she cited earlier (Black 14%, Hispanic 32.8%, white 37.5). She urged legislative changes including raising the minimum certification age from 14 to 16 and limiting certification eligibility to violent offenses only.
Clark County Deputy District Attorney Michael Watson acknowledged prosecutors have broad discretion but said his office seeks certification in a small share of cases and primarily in violent matters. Watson said his review of 2024 data showed roughly 8,900 juvenile referrals, about 3,100 petitions filed and 197 motions seeking certification (roughly 2% of petitions); after full investigation his office withdrew most motions and argued 61 in court, with 44 individuals ultimately certified.
Washoe County Deputy District Attorney Benjamin Newman told the committee Washoe files even fewer motions — three to four per year in recent years — and that most filings there involve murder or attempted murder, firearm use, or other serious violent conduct. "We're a little bit slower," Newman said, describing a multi-step internal staffing and evidence review before a motion is filed.
Public defenders and prosecutors also disagreed on the collateral consequences of certification practice. Fraser said many youth spend long, uncredited periods in detention while awaiting investigations, evaluations or placement, and that time commonly does not count toward any juvenile disposition. Prosecutors said courts exercise discretion and that many sought certifications are later withdrawn after full investigation and evaluation.
Several committee members asked specific questions about statutory timelines for competency evaluations and limits on how long a child's case can remain open when a youth is found incompetent. Fraser and Washoe's Stephanie Cook pointed to neighboring states with statutory time limits and proposed Nevada create clearer timelines for competency evaluation and limits on how long a case can remain open without resolution.
Why it matters: The committee is weighing whether Nevada's statutes — which allow transfer requests beginning at age 14 for felony-level conduct — should be revised to reduce racial disproportionality, add time limits for evaluations and placement, and narrow the circumstances that allow certification to the adult system. Any statutory change would affect prosecutorial practice, court procedure and the lives of youth facing adult penalties.
What’s next: The presentations did not produce votes; the committee will consider testimony and potential bill drafts in the interim.
