The Nevada Commission on Judicial Selection declined to recommend primary leader Kristine Brewer for a temporary appointment to the Family Court Department S seat in July, leaving the post vacant until voters decide the race in November.
The Henderson-based attorney will now face Hearing Master Randall Forman in the general election, despite the commission’s decision — as the temporary appointment and the election are separate processes.
Brewer was the only person to apply for appointment. She spoke to the Las Vegas Review-Journal in May, but did not respond to recent requests for comment.
The Department S seat was left vacant when Judge Vincent Ochoa unexpectedly retired. The commission sought applicants to fill it on an interim basis but “declined to forward (Brewer) to Governor Joe Lombardo for appointment,” according to a news release posted to the commission’s website.
Rather than search for another candidate, the commission chose to leave the vacancy open until the election, offering no explanation for its decision. Commission Chair and Chief Supreme Court Justice Douglas Herndon said he “cannot comment on the private deliberations of the Nevada Commission on Judicial Selection.”
“I can say, however, that every judicial selection process is different, and the Commission carefully considers each applicant and the circumstances surrounding a particular judicial vacancy, including timing, before determining how to proceed,” Herndon added in an emailed statement.
Alex Falconi, who runs Our Nevada Judges — a nonprofit that covers the state’s judges through interviews, data, and courtroom reporting — said it’s not unusual for the commission to appoint someone who’s also running in an active election.
In March, the commission nominated longtime prosecutor Peter Thunell and State Bar of Nevada Counsel Daniel Hooge to Lombardo, who selected Thunell for the Department 26 seat. Both nominees were running in the primary election against Justice of the Peace Jessica Goodey, who ended up winning outright.
In April, the commission selected Washoe County District Court candidate Alexander Morey for the bench, and Lombardo appointed him.
“These appointments confer a substantial advantage, as it allows the appointee to refer to him or herself as an incumbent, advertise themselves in robes, and advertise seeking ‘retention’ of their seat,” Falconi said. “For reasons that are unknown, the Commission did not want to confer those advantages upon Kristine Brewer.”
Brewer owed $190k in back taxes
In the June primary, Brewer received 47.8% of the vote. Forman received 39.1%, while criminal defense attorney Tanner Harris received 13.1% and was eliminated. Because no candidate cleared the 50% threshold needed to win outright, the race advanced to a runoff between the top two finishers.
Those seeking a judicial appointment must complete a questionnaire covering their employment and educational history, community involvement, and personal and professional conduct. That portion of the application is posted for public viewing, while a separate section — including a background check and financial reports — remains confidential.
The commission reviews the entire application before deciding whether to forward it to the governor.
In Brewer’s application, she noted that she had never been sanctioned, disciplined, or reprimanded by the bar or ethics commission. She also wrote that she had a federal tax lien arising from unpaid income taxes but that she “retained a tax attorney and took the necessary steps to resolve the matter.”
Court records show Brewer and her husband, Robert Blau, filed for Chapter 7 bankruptcy late last year, listing combined debts of about $240,000 — including nearly $190,000 in back taxes. The filing also disclosed federal tax liens recorded against the couple dating back to 2018.
In February, a bankruptcy judge granted the couple a discharge, releasing them from personal liability for most of the listed debts.
By July, Brewer’s campaign had raised $19,063 and reported $24,150 in expenses, according to a campaign filing.
Forman says he has ‘path to win’
Forman said he was satisfied with the results of the primary election, calling them a good indication of the state of the race and areas where his campaign could improve. He said he plans to attend and host more events in October to meet with community members and discuss his campaign.
“It shows that there’s definitely a path for me to win,” Forman said.
“Several folks told me that there wasn’t much chance I would even get through the primary,” he added. “There were other races similarly situatedwhere people won in the primary by big numbers.”
Forman did not apply for the Department S appointment, saying that if he had temporarily filled the role and then lost the November election, his previous job as a hearing master in Family Court would not have been guaranteed.
Echoing statements he made before the primary election, Forman said he is the better choice for the seat because of his temperament, fairness and reputation among attorneys.
Contact Akiya Leggio at aleggio@reviewjournal.com.
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