Discover Judge Kim Wanker’s Judicial Journey
Explore Judge Kim Wanker’s commitment to fairness, integrity, and community service, outlining her dedication to upholding justice and fostering public trust in the legal system.
On May 24, 2011, Judge Kimberly A. (“Kim”) Wanker was appointed to the Fifth Judicial District Court, Department 1, by Governor Brian Sandoval, after the passing of long time Fifth Judicial District Judge John P. Davis. Judge Wanker is the first rural female District Court Judge in Nevada. Judge Wanker assumed her role as District Court Judge July 1, 2011.
Kim Wanker’s Judicial Philosophy
The role of a District Judge is threefold – Adjudicator, Manager, and Community Leader.
Adjudicator
As an Adjudicator, Judge Kim considers it her responsibility to be thoroughly prepared for every matter presented before her. She diligently reviews each case file in its entirety prior to presiding over any proceedings and conducts all necessary legal research personally, rather than relying on a law clerk. Her guiding principle as a private attorney was “always outnumbered, never out prepared,” and she continues to apply this philosophy as a District Judge. Similarly, Judge Wanker possesses extensive training in electronic research techniques and demonstrates comprehensive knowledge of both factual and legal aspects pertaining to all matters before the court. Judge Kim maintains that the judge should be the most prepared individual in the courtroom.
Ultimately – who do you elect – a judge or a law clerk?
A District Court Judge’s role is circumscribed by law. When statutes or regulations are clear and unambiguous, the judge is obligated to apply the law as written, independent of personal opinions regarding its wisdom. In instances where the law is vague or ambiguous, the judge must examine the legislative history to determine the intent behind the statute or regulation. This process involves analyzing relevant statutes, committee minutes, and background documentation to discern legislative intent, and subsequently applying the law accordingly.
Manager
As a District Judge, Kim serves as an administrator responsible for managing the court’s docket, caseload, personnel, and various divisions within the judicial department, including budget oversight, maintenance of the law library, and supervision of specialty courts such as the drug court.
Judge Kim upholds an open-door policy to ensure transparency with both her staff and the community she represents. She exemplifies leadership by setting high personal standards and does not assign any task to her staff that she would not undertake herself. Judge Kim is committed to working diligently alongside her team and maintains a visible presence at courthouses within the judicial district during business hours.
Community Leader
Judge Kim sees leadership across the Fifth Judicial District as a core responsibility. She attends local events, engages with community organizations, and regularly supports area non-profits and other organizations throughout the Fifth Judicial District. Judge Kim is not a CEO – a campaign event only – participant. She is seen working and supporting her communities year-round – not just during election cycles.
Issues
- Judge Kim takes a very tough stance on crime. Kim believes in holding individuals accountable and responsible for their actions. Kim tells each person convicted of a crime that probation is a privilege, not a right, and that if they do receive probation – they will return to her courtroom for revocation proceedings, should they violate any of their terms of probation. She also informs the individual that their own conduct will determine whether they succeed on probation, or are returned to for revocation proceedings. In all court matters, Kim expects the parties, and their counsel to be thoroughly prepared – as to the facts, the law, and the court rules. She has sanctioned parties for lying to the court, and has also sanctioned attorneys’ for improper conduct.
- Judge Kim assumed leadership of the Pahrump Adult Drug Court on August 1, 2011. She requires all unemployed participants to perform a minimum of 20 hours of community service each week for a non-profit organization. Since many participants have lost their privilege to drive, Kim instituted a used bicycle program, whereby an individual participant is given a used bicycle, which has been donated and refurbished by a court volunteer, as a means of transportation to and from drug court and community service. Kim is proud to say that she is a tough, but fair, no nonsense judge.
- As a Judge, Kim Wanker is always trying to improve the delivery of services provided by the Fifth Judicial District Court. She is currently working on a program to turn the Fifth Judicial District Court into a leader in technology in the Courtroom. Kim is thoroughly familiar with electronic court filings, having done the same in both the federal courts and the state courts in Nevada, Colorado and Arizona. It is her goal for the Court to be able to transition to electronic filing capabilities in the future.
The Judicial Selection Process
The Nevada Commission on Judicial Selection is a judicial body established under Article 6, Section 20 of the Nevada State Constitution and operates in accordance with Nevada Revised Statutes 1.380 to 1.410. The Commission is responsible for addressing judicial vacancies arising before the end of a term on the Nevada Supreme Court, Court of Appeals, or District Court. Its function includes submitting three qualified candidates to the Governor, who then selects an appointee to fill the vacancy. The appointee is appointed until the first Monday in January of the next general election, not through the entirety of the unexpired term.
The Commission comprises seven permanent members: the Chief Justice of the Nevada Supreme Court, three Nevada State Bar members appointed by the Bar’s Board of Governors, and three individuals not affiliated with the legal profession, appointed by the Governor. Restrictions are in place so that neither the Governor nor the Board of Governors may appoint more than one resident from any single county or more than two members from the same political party. Permanent members serve four-year terms.
For district court vacancies, two temporary members join the Commission: one Nevada State Bar member from the relevant judicial district, appointed by the Board of Governors, and one non-legal resident from the district, appointed by the Governor.
Upon acknowledgment by the Governor of a resignation, retirement, or death of a justice or judge, the Commission convenes to select three nominees for consideration. The process involves soliciting applications, conducting comprehensive background checks, and interviewing candidates. Applications cover education, legal practice, business and community involvement, professional and personal conduct, and health. Public input, both written and in-person, is encouraged regarding applicants’ qualifications.
Following interviews, the Commission, chaired by the Chief Justice, deliberates publicly and selects three finalists via secret ballot, forwarding the names to the Governor the same day. The Governor subsequently interviews the finalists and makes a selection.
In January 2011, following Judge Davis’s passing, Kim was among 11 candidates who applied for the Fifth Judicial District Court vacancy through the Commission. Besides Kim, those candidates included several familiar names in Nye County, including: Kirk Vitto, Thomas Gibson, Jason Earnest, John Friel, Louis Minicozzi, Art Wehrmeister, Robert Bennett, David Ford, William Schaeffer, and Donald Smith. During Kim’s selection process, Nye County Attorney Timothy Sutton served as the Bar’s temporary Commission member.
The three candidates selected by the Commission on Judicial Selection were: Kim, Robert Bennett, and William Schaeffer.
After being interviewed by Governor Sandoval, on May 24, 2011, Kim was appointed to replace Judge Davis.
All state district court judges serve terms of six years, with every judge standing for election at the same time. In 2012, Kim won the election to complete Judge Davis’s term, which ended in January 2015. Following her appointment in 2011, Judge Wanker was elected to the Fifth Judicial District Court Department 1 in 2012, 2014, and 2020.
Judge Wanker is unique among Fifth Judicial District Judges, having faced both review by the Commission and participation in the election process.
The public portion of Kim’s Application For Judicial Selection filed with the Nevada Supreme Court is attached for your review.
Kim’s Educational Background
Kim was born in Kansas and lived there until she was five, when her family relocated to Scottsbluff, Nebraska. She attended the Scottsbluff Public School System from first grade through high school, graduating from Scottsbluff Senior High School as class co-valedictorian.
She continued her education at Nebraska Western College (now Western Nebraska Community College), then earned additional degrees at the University of Nebraska and the University of Nebraska College of Law. During college, Kim worked as both a Page and a Legislative Research Intern for the Nebraska Legislature—the only unicameral legislature in the United States. At the University of Nebraska, she achieved membership in Phi Beta Kappa after graduating with a perfect 4.0 GPA. Kim completed law school with Distinction and actively participated in numerous activities.
Kim’s Legal Career
Kim began practicing law in Colorado in 1987, then moved to Nevada in August 1989. She joined Gordon & Silver, Ltd. in Las Vegas and remained there until January 1995. Afterward, Kim founded her own firm, Kimberly A. Wanker, Ltd., working independently until being appointed to the bench on July 1, 2011. She also served part-time as General Counsel for a construction company, overseeing its self-insured workers’ compensation program. Kim’s private practice primarily focused on representing businesses and public employers in employment law and litigation throughout Nevada and Colorado.
Kim is licensed and has practiced law in:
- Colorado – 1987
- Nevada – 1989
- Arizona – 2010
Kim has also represented clients before the United States District Courts for Nevada and Colorado, as well as the Ninth and Tenth Circuit Courts of Appeals.