With pandemic-era restrictions in the rear-view mirror, Clark County Superior Court operations have ramped back up and, in some areas, even surpassed levels seen five years ago.
But some signs of the pandemic linger.
The number of criminal cases languishing longer than recommended timelines ballooned during COVID-19. Attorneys struggled to meet with their clients, and the court paused in-person operations, including jury trials, during peak infection periods.
Now, the inflated backlog of cases remains, and officials don’t see it going away as quickly as it came.
From 2014 to 2017, Superior Court averaged about 200 criminal cases pending after nine months, according to a state database. The Board of Judicial Administration recommends courts resolve all criminal cases — whether by trial, guilty plea or dismissal — within that time frame.
By 2019, the backlog had doubled. By 2022, more than 1,000 cases were more than nine months old. In 2023, the backlog was 1,216 cases, the database shows.
Still, Clark County’s nine-month clearance rate was better than the state average and better than that of most other counties of similar size, the database shows.
That also takes into account that prosecutors file new cases every day, and filings have increased back to pre-pandemic levels. With more than 1,600 new criminal cases filed in the first six months of 2024, filings are on track to outpace those in 2023, according to the database.
“Our filing numbers are growing,” Clark County Prosecutor Tony Golik said. “Clark County is growing. I don’t expect our filings are going to go down.”
Golik doesn’t see the backlog going anywhere anytime soon. Staff are maxed out on their caseloads and handling unprecedented numbers of hearings and trials. Plus, the typical case requires even more of attorneys’ attention, especially because local law enforcement officers have begun submitting body camera videos with case files, he said.
“I don’t really think we can do any better than we’re doing,” Golik said. “And if we can’t do any better than we’re doing … that backlog of cases in the system is probably going to continue to build.”
Many defense attorneys who represent those who can’t afford an attorney — which is most criminal defendants — are also at their caseload limit just seven months into the year, according to Public Defense Director Christopher Swaby, who was recently appointed to the new position.
The county is creating a public defense office, in hopes of bringing relief to overburdened and undersupported contract attorneys, but Swaby said he doesn’t anticipate having it staffed before the fall.
Golik has asked the Clark County Council to continue funding prosecutors and support staff positions originally added with pandemic relief funds to address the backlog of cases. He said his office intends for those to be permanent positions.
Presiding Superior Court Judge Derek Vanderwood said the court made several changes a few years ago aimed at improving efficiency amid the backlog. While he feels the moves helped, he said the data doesn’t yet reflect increased pacing.
He also hopes an additional incoming judge will boost the court’s capacity to handle cases in a timely manner. But Golik noted that the county council’s approval of the 12th judge did not come with additional staffing for the prosecutor’s office or indigent defense, which will have to staff the hearings in front of the new judge.
Vanderwood said he and the other judges have prioritized keeping cases moving and plan to keep an eye on pacing in an effort to stay ahead.
“I think on the court side of things, we still have room for improvement,” Vanderwood said. “I will say one of the things that I think is very good is that we are mindful of the issue. And so, we’re not only wanting to get more information and more insight about what’s happening, but then use that information as a way to improve the processes that we have.”
The judge recognized that change moves slowly in the justice system with so many players involved, from attorneys to litigants to resource providers.
“Sometimes, there’s natural tension between the different views of the different parties throughout all of the different types of cases,” Vanderwood said. “And so that complicates things, no doubt.”
Golik agreed that in the meantime, they must continue to work to avoid allowing the backlog to grow.
“For the short-term, foreseeable future, I think this is kind of where we are,” Golik said. “We’re doing the best we can here in Clark County. Again, we’re faring far better than other counties across the state, but we’re not where we need to be.”
