Nye County commissioners unanimously appointed the next Pahrump Justice Court substitute judge, and this time the commission selected someone with prior judge experience.
In the first Board of County Commissioners meeting on Monday, the commissioners narrowed down their selection to just three candidates: Philip S. Bovee, Michael Foley and Eric Murphy. In a motion to appoint Murphy as the pro temp, incoming commissioner Ian Bayne made his point clear.
“Had Mr. Murphy run for the position, I might feel differently but as far as my vote’s concerned, I would oppose that,” Bayne said in the meeting. “And I would support judge Foley.”
Commissioners Debra Strickland and Bruce Jabbour voted in support of Murphy, while Bayne, John Koenig and Ron Boskovich, the newly elected commissioners and the motion fell short.
In a motion to appoint Foley, a seasoned judge, the board unanimously appointed Foley as their substitute judge.
But the substitute justice of the peace can only fill in for 30 days at a time, meaning the Board of County Commissioners will have to appoint a pro temp judge every month the courthouse needs it. And based on the demand the courthouse has seen recently, the town might see a monthly appointment.
“It is a mess, but unfortunately that’s a statutory limitation,” Nye County District Attorney Brian Kunzi said.
Temporary justice of the peace law
After Pahrump justice of the peace Michele Fiore was suspended from her duties in July of last year in connection to a wire fraud case at the U.S. District Court in Las Vegas, local Nye prosecutor Kirk Vitto took on double the workload until January.
According to the county, while on suspension, Fiore received $20,900 of county funds, until the Nevada Commission on Judicial Discipline stepped in and voted to suspend her pay after she was convicted.
Now that some funds have become available, the county was now able to consider a substitute justice of the peace. It cost the county roughly $9,000 for the month of December, according to Alisa Shoults, a court administrator for the Pahrump Justice Court.
But after selecting a substitute judge, the county must continue to appoint every 30 days according to NRS 4.340. The law states that in the case of an absence, a substitute judge cannot serve for more than 30 days at a time, and the county will at least need to fill the bench until March as Fiore’s conviction is scheduled for March 10 after an appeal.
Foley stepped in the next day after being appointed to hear cases at the Pahrump justice courts.
Michael Foley
This is not the first time the county has seen Foley in action; the board previously appointed him as pro tempore in 2007. Since then, he has heard over 1,000 cases and has roughly a quarter of a century’s worth of experience.
He promises to be a fair and impartial judge to the people of Pahrump.
“As I say, when the black robe goes on, I have no friends and I have no enemies,” Foley said.
Humbled by the commission’s appointment, he says he appreciates the faith and confidence they have in him to accomplish his duties. Legal demand in Pahrump has also been on the rise.
Nearly a quarter of a century ago, the town saw between 65-80 cases a day and now the demand has rushed to over 120 cases a day, Foley recounts.
“It’s nice to be back,” Foley said. “I really like this job a lot and I enjoy it.”
Through the 1,000 cases he has heard, he’s seen people in many difficult situations.
“It’s nice to see people that I’ve put through the rehab programs over the years,” Foley said. “And now they’re doing well and have good jobs and moving in the right direction.”
“It’s just nice to see it, it makes me so happy to see that,” he said.
Contact Jimmy Romo at jromo@pvtimes.com. Follow @JimmyRomo.News on Instagram.