In this edition of Meet the Incumbent, we interview Judge Carli Kierny, department 2 of District Court.
Prior to taking the bench in department 2 of District Court, Judge Carli Kierny spent the last 10 years with the Clark County Public Defender’s Office, including five years on the sexual assault team. She served as the public defender representative on the countywide Criminal Justice Coordination Committee dedicated to improving probation outcomes. She began her legal career as a public defender in Champaign County, trying dozens of misdemeanor and felony cases. She also served as a volunteer with the SafeNest PS 417 program to provide resources to prevent lethal domestic violence incidents. As a law student, she tried several cases as a clerk with the Cook County Homicide Task Force and worked on the exoneration of a man who was wrongfully convicted as a student with the Chicago-Kent Law Clinic. Judge Kierny received a bachelor’s degree in communications from the University of Illinois at Urbana-Champaign, and a juris doctor degree from Chicago-Kent College of Law.
Vegas Legal Magazine: What does being a judge mean to you?
Judge Kierny: While I may be the judge elected to my seat, the courtroom still belongs to the people of Nevada and the litigants who appear in front of me. In order to not let those people down, I need to be prepared, work hard, follow the law, and make the best decisions possible with the information available to me at the time. Making literally hundreds of decisions a week means that sometimes I will get things wrong, and I need to stay humble enough to admit when that happened and fix my mistakes.
VLM: Why did you become a judge?
JK: At the time I ran, there were a lot of judges who had practiced as either District Attorneys or civil practitioners representing companies. As a public defender, I had represented real people with serious problems, and I thought that was an important attribute to bring to the bench.
VLM: What has been the most memorable case you have presided over as a judge?
JK: When I started as a homicide judge, I had a case involving a former model who was accused of killing her much-older boyfriend. There was a lot of national media attention on the case, including Dateline, and every court date required a lot of planning for all the cameras and observers. That case taught me that everything changes when the cameras are on!
VLM: How do you exercise judicial discretion where there is ambiguity in legal authority?
JK: For example, how likely are you to sanction a litigant who violates a procedural rule, e.g. failing to file a document in a timely manner? I know I sound like a lawyer here, but it depends on the situation! If the violation caused prejudice to the opposing party, a sanction may be appropriate. However, if there’s no real harm, I remember that we are all humans trying to do the best we can on any given day, and likely will not impose a sanction.
VLM: What was the most memorable case you tried as an attorney before taking the bench?
JK: As a young public defender, I tried a homicide case where the alleged victim’s body was never found. It was a very unusual case and resulted in a Not Guilty verdict. It was the only case I ever got to try with my mentor in the office before he passed away. Our client moved back to the Midwest, opened a restaurant and started a family, and has never been in trouble since. Additionally, one of the prosecutors on the case is now a DC judge. She swore me in to the bench and I am lucky enough to try homicide cases alongside her today.
VLM; Have you ever experienced a situation where you had to support a legal position that conflicted with your personal beliefs? If so, how did you handle it?
JK: Luckily, I haven’t had this situation come up yet. However, when it does, I will do what the law demands I do and follow controlling law.
VLM: Has there ever been a situation that tested the limits of your patience?
JK: Do you have any advice for handling those moments? There have been a few instances where lawyers or litigants have treated me disrespectfully, and it can be very hard to take. However, I always remember that the person who is being disrespectful may be fighting battles I know nothing about and try to keep my cool. When they are finished, I issue my ruling and firmly move on.
VLM: Do you have any attorney pet peeves?
JK: Unnecessary continuances! If we’re all present in court and a case has to be continued because an attorney hasn’t done what they need to do, I get impatient. Additionally, continuing trials that are already years old is frustrating. The people whose lives are affected by this litigation cannot move on until we go to trial, and it seems unfair to continually move these trials without seriously good cause.
VLM: What is your best piece of advice for litigants and/or attorneys?
JK: I really appreciate when parties litigate issues ahead of time and don’t just spring them on the court in trial. Other than that, just be prepared and be cordial to each other!
VLM: What is your passion outside of law?
JK: My family, my three dogs, spinning, hiking, swimming, and watching football/ Netflix documentaries.
VLM: Finally…what do you love most about Vegas?
JK: Las Vegas is a city that is always willing to try a new idea. There’s so many activities to do, from the bright lights of the Strip to the outdoor adventures of the desert and mountains. The people are open-minded and caring, and have been beyond welcoming to this Chicago transplant! I can’t imagine living anywhere else.
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