WINNEMUCCA — The dispute between Judge Richard Wagner and Humboldt County Public Defender Matt Stermitz recently spilled over into the 6^th Judicial District Court in a manner not seen before.  To date the dispute has largely been conducted on paper – with each filing documents complaining about the conduct of the other.  In one of those documents, Judge Wagner recused Stermitz from his courtroom and ordered all cases coming before him in which Stermitz was the attorney be reassigned.

On Wednesday, Jan. 20., one of Stermitz’s client’s took sides in the dispute.

Defendant Laura Quilici, who is charged with embezzling funds from her employer, asked to have her case moved out of Wagner’s court and over to Judge Michael Montero’s court, so that she could keep the attorney she started out with.

Quilici was initially represented by Stermitz at the justice-court level.  When her case was bound over for trial the case went to Judge Wagner’s court where Quilici’s case was reassigned to the Pershing County Public Defender, Steve Cochran.

Quilici noted she and Stermitz had already discussed the course of action she might take at trial.  In addition, she had concerns about Cochran’s ability to represent her.  She researched Cochran and learned he was not fully admitted to the Nevada Bar and had to be supervised in court by co-counsel.

Quilici concluded with the request her case be transferred back to Stermitz.

Wagner replied, “That’s not going to happen.  I will not appoint Mr. Stermitz.  You have the right to counsel but not the counsel of your choice.”

Wagner defended the abilities of the Pershing County Public Defender and called him a competent attorney. He said the Nevada Bar issued a letter informing him Cochran had in fact been conditionally accepted to the Nevada Bar and it was no longer necessary for supervisory co-counsel to attend court with him. 

Although Judge Wagner felt Quilici was trying to take advantage of the situation, he agreed to appoint another lawyer to her case.

The issues between Stermitz and Wagner were before the Nevada Supreme Court on January 4.  Click on the links below for more information.

NSC hears arguments in Stermitz v Wagner

NSC to hear arguments in court dispute