28 Apr Max Berkley
Max Berkley
for
Las Vegas Township Justice Court, Dept. 7
Campaign Contact Phone: 7024977304
Website: Berkley4judge.com
Facebook: Max Berkley for justice court, department 7
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2022 Questionnaire
Please share briefly what inspired you to run for this office and why you feel you’re qualified for the position.
I was born and raised in Las Vegas. I have been a Clark County Public Defender for over 10 years. I have always been inspired to give back to my community and with the vast amount of time I have spent in justice court as a public defender, I am qualified for this position.
Describe your understanding of the courts’ responsibility to uphold precedent?
All judges have their own personal views, but a judge’s responsibility is to follow the law.
In what circumstances do the equal protection rights in 5th and 14th Amendments apply to same sex couples?
The Law now allows for same sex marriage in Nevada and I would follow the law.
In Brown v. Board of Education, the court declared that the separate-but-equal standard was unconstitutional. Describe ways in which this decision is applicable in today’s society.
Candidate declined to answer.
Would you honor the request of a plaintiff, defendant, or witness in a case before you who is transgender to be referred to in accordance with that person’s gender identity?
Yes
Describe your understanding of nondiscrimination protections for LGBTQ people in places of public accommodation.
My understanding is that it is not permissible
Have you been involved in a significant case where a primary issue was sexual orientation, gender identity or HIV/AIDs discrimination? If so, can you provide the case, venue, case number and case citation (if published decision) and your involvement?
I don’t believe so
If you were presiding over a Justice Court, what would be your approach to an eviction proceeding, and what would you consider before moving forward with the eviction process?
I think it is appropriate to follow the law, but also try to work with individuals that are struggling to give them solutions to try and stay in their homes.
Hypothetical: you are presiding over a case in which the plaintiff is undocumented. Their defense attorney argues that their due process rights were violated by inadequate bail proceedings. How would the plaintiff’s immigration status factor into your decision as to whether or not their right to due process was violated?
Everyone has the right to counsel and the right to have an attorney address their custody status.
In recent years, we have seen Immigration and Customs Enforcement detain individuals as they are leaving criminal court hearings. Would you allow this to occur in your courtroom?
At justice court level, I would not have control over federal detainers.
What do you see as the judiciary’s role in advancing restorative discipline practices for Nevada’s students?
Certainly there will be students that would appear in adult justice court. Promoting education and inclusion is important.
What do you think is the most important issue or problem in the state’s justice system today, and how would you work to address it?
I think the importance that everyone going through the criminal process be provided effective counsel and be informed about what is happening in their case is something that should always be improved.
If you were presiding over a specialty court, what would be your approach towards diversion initiatives and how would you evaluate their effectiveness?
I think specialty courts are valuable to focus in on specific individuals that have either challenges with mental health or addiction. I don’t think it’s the role of a judge to get involved with offers, but I certainly would encourage opportunities for treatment and opportunities for diversion initiatives.
What is your view on cash bail following the decision in Valdez-Jimenez v. the 8th Judicial District Court?
Cash bail is still permissible, but the burden is now on the state to determine it is warranted and there is no less restrictive means.
In light of Nevada’s move to legalize recreational marijuana, what procedures would you follow or what factors would you consider in vacating the conviction of an individual for marijuana possession?
If it is within the parameters of the law such as when the State makes an offer that if an individual completes certain requirements, that person’s case is dismissed, I would certainly follow it.
The Supreme Court’s decision in Roe v. Wade less than 50 years ago established a person’s right to abortion and reproductive freedom. While Roe is considered settled law, the right to reproductive freedom and bodily autonomy is hanging in the balance as states pass increasingly unconstitutional laws to challenge Roe in court regardless of precedent. Do you agree that Roe is settled law?
I would certainly follow the law set by the Supreme Court.