In the first 11 months of 2024, Washoe County held 80 criminal trials, a significant number given that Clark County, despite its population being five times larger, experienced only 71 trials. Orrin Johnson, a defense attorney from Northern Nevada, described this disparity as astounding.
The majority of criminal cases are settled through plea bargains, where defendants plead guilty to lesser charges to save time and resources. However, in Washoe County, defense attorneys are raising concerns about a growing number of trials, a trend stemming from new plea bargaining and charging guidelines introduced by the county’s chief prosecutor two years ago. They worry that these cases, which end up going to trial unnecessarily, could divert resources away from effectively prosecuting other cases. Johnson argues this is a strain on resources that could ultimately compromise community safety.
Chris Hicks, Washoe County’s district attorney who spearheaded the new guidelines in late 2022, defends the policy. This policy requires that plea deals only happen if defendants plead guilty to the most serious charges they face, and charges are laid only when there’s evidence “beyond a reasonable doubt.” Hicks asserts that this approach holds offenders accountable while balancing protection for victims and preventing wrongful prosecution. He explained that while guidelines similar to his exist at federal and local levels, determining “the right decision” for any case still depends on individual circumstances.
In contrast, Clark County operates without a formal public plea bargaining policy. Some defense lawyers attribute Washoe County’s increase in trials—and the burden on court systems—to these stringent standards, which they say disrupt the plea bargaining process. Also, police officers have expressed frustration over the district attorney’s decision to forego pursuing charges in certain cases. This policy remains controversial since its enactment, with tensions persisting into 2024. Due to this discontent, defense attorneys predict that next year’s election might see Hicks facing challengers, despite him running for re-election with a commitment to maintain justice and accountability.
In 2024, Washoe County witnessed 86 criminal trials, slightly below the record set in 2023 but still nearly double the numbers seen in previous years. Many attorneys attribute this rise entirely to the Hicks policy, which requires higher-level charges for plea deals unless a supervisor intervenes. This environment has led to reduced plea negotiations, which traditionally involve compromise to avoid trials. Attorney Ken Stover believes this creates a “tribal” culture within the DA’s office, resulting in defense attorneys being sidelined from facilitating due process. His colleague, Rich Molezzo, suggests this lack of dialogue undermines democracy.
The increase in trials has strained the court system. Judge Kathleen Drakulich told state legislators that changes in procedures and the need to stagger jury trials have resulted from a jump in juror numbers from 2022 to 2024. She noted that the policy might have contributed to the rise in trials but refrained from labeling this change as positive or negative. Hicks acknowledged that the policy might affect trial numbers but argued other factors, like population growth and the pandemic’s impact, play significant roles too. Notably, 35% of trials in 2024 involved charges filed before the policy change, highlighting the issue’s complexity.
Defense attorneys maintain that all ongoing cases influenced by plea negotiating are impacted by the policy, regardless of their start date. Despite a rise in trials, plea bargaining remains a regular practice. In 2024, under 1% of cases pursued by the district attorney went to trial, with others either settled or dismissed. Of the 86 trial cases, 78 had rejected plea offers, with no offers being made in the remaining eight.
For years, federal guidelines have aligned closely with Hicks’ policy, requiring offenders to plead guilty to the most serious provable offenses. While this approach at a federal level has faced criticism for its harshness, Clark County officials highlight their plea bargaining process involves considerable negotiation between defense and prosecution. Hicks reiterates accountability is the cornerstone of the plea policies, aiming for justice in the broader legal framework.
Washoe County’s policy has led to increased issuance of “no issue” memos, where prosecutors opt out of filing charges due to insufficient evidence. The percentage of these memos has nearly tripled in recent years. Hicks defends this decision as ensuring prosecutions are built on strong, undisputable evidence—more rigorous than the former “probable cause” standard that often led to dropped charges.
While some law enforcement view these high standards as allowing suspects to stay free, potentially reoffending, Hicks stands firm. Under the guidelines of the National District Attorneys Association, the present threshold is justified as charging holds significant ramifications. Despite criticisms, he advocates that this ensures justice and public safety, reflecting increased scrutiny of prosecutorial decisions.
Yet the burden on law enforcement is felt, as noted by Nick Slider from the Sparks Police Protective Association, who emphasized the need for prosecutor-officer collaboration for effective case-building. Hicks is open to working with law enforcement but insists on rigorous evidence to justify charges.
Increased trials have naturally led to more acquittals, with over 16% of trials resulting in “not guilty” verdicts in 2024, the highest rate in six years. Defense attorneys suggest this is a byproduct of diminished plea negotiations and more challenging cases being pursued. More trials might encourage defendants to take their chances in court, as Drakulich remarked, since acquitted clients often share their experiences with peers. Hicks contends that each trial involves unique challenges, reiterating the high burden of proving guilt beyond a reasonable doubt in a fair judicial process.
