Las Vegas officials said the decision could face legal challenges from critics of the new policy.
In a 6-1 vote, the Las Vegas City Council approved the ordinance Wednesday in response to a recent state Supreme Court ruling that requires defendants in such cases to be afforded the option of a jury trial. Councilman Cedric Crear voted against the plan.
The high court ruled a month ago that defendants were entitled to a trial after deeming the offense no longer “petty” but a “serious” one because of a 2015 state law that banned convicted individuals from possessing firearms.
Officials in Las Vegas have lamented that the city’s municipal court is ill-equipped to hold trials because it does not have jury boxes or administration, plus there are not enough city prosecutors or judges, nor a means to summon a jury pool. In addition, state law doesn’t allow for jury trials in municipal courts.
Other cities in Nevada face similar burdens. Henderson unanimously passed a similar ordinance Tuesday, while North Las Vegas passed its ordinance Wednesday night in a 3-1 vote. Councilman Isaac Barron cast the lone vote against the measure but did not explain his opposition. Councilwoman Pamela Goynes-Brown was not present for the vote.
“Without this solution, battery domestic violence that happens in this city cannot and will not be prosecuted, and victims will be left with limited criminal legal resource,” North Las Vegas City Attorney Micaela Moore told council members.
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