CARSON CITY —  A dispute between Humboldt County Public Defender Matt Stermitz and 6^th Judicial District Court Judge Richard Wagner is headed to the Nevada Supreme Court (NSC).  The issue will be before the justices in January.

Stermitz has accused Wagner of improperly interfering in the Public Defender’s Office. He has filed multiple petitions with the NSC asking the justices to prohibit Wagner from taking certain actions involving his office.  For example, he asked the court to prohibit Wagner from assigning to him cases involving the termination of parental rights.  Stermitz argued the ordinance creating his office did not include language for such cases.

In March 2009, after several months of conflict,  Judge Wagner issued an order removing Stermitz from all cases in his court.  Since that time, outside attorneys have been hired to represent defendants in Wagner’s court.

Stermitz filed a petition with the NSC  to prevent this action.  In the petition he argued such a step was unfair to defendants, some of whom are charged with serious crimes, because they start off with one lawyer at the justice court level then get someone else at the district court level.  He further argued the move was unfair to the taxpayers who are already paying for the Public Defender’s Office and now have to pay the additional cost of outside attorneys.

In paperwork filed with the court, Wagner explained he felt the move was necessary due to the conflict.  The situation was such, he noted, that any decision he made could be called retaliatory by Stermitz if it was a decision the public defender didn’t agree with.  Wagner noted the pending litigation before the NSC made the seperation of himself and Stermitz necessary.

The matter is now in the hands of the high court.