And while Chief Justice Mimi
Shearing denied she knew some of the money was hidden in
the budget that the court gave the Legislature, the
former director of the Nevada Supreme Court's
administrative office says she did.
"I sat right next to Miriam
Shearing when we went through the budget request,"
said Don Mello. "She voted 'yes.'"
Shearing, before a joint budget
subcommittee Tuesday, had blamed Mello for the false
information. Then Mello, Wednesday night, emailed most
state lawmakers a copy of a letter he had faxed to
Shearing.
"If you will recall,"
said the letter, "it was at the court's direction
(all five members present as well as the court clerk)
that an entry was made in the budget for 'digital
equipment.' "
Mello quit his job in February
shortly after Shearing, in the court's normal rotation,
took over as chief justice.
He described a pre-scripted plan
where Shearing was to talk privately to members of Senate
Finance and Assembly Ways and Means committees before any
budget hearings. Then, in the committee hearing, Shearing
was to withdraw the request for the $170,000
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in equipment.
"Based on your advanced
lobbying it was hoped that a committee member would
suggest a use for the newfound money, i.e., midterm
judicial raises," Mello said.
Although voters by an 84%
majority in 1994 rejected any midterm pay hikes for
justices, Shearing in February asked lawmakers for an
immediate $22,000 raise for herself and two other
justices. Case law, she argued, would allow such a method
of pay equalization for judges receiving less than
colleagues because of different dates of election.
On Thursday, Shearing denied she
and the other four justices had attempted to hide the pay
hikes in the Supreme Court equipment budget.
"Yes, we approved putting
in the salary equity," she said. "But hiding it
was not part of it."
Nevertheless, however, Shearing
didadmit to lawmakers at the hearing that the equipment
request was a phony item actually intended to raise the
pay of three justices who now make less than their two
counterparts.
She said it was placed in the
budget by Mello before she took over as chief
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