LAS VEGAS (KTNV) — Las Vegas Mayor Shelley Berkley says she expects city marshals to intervene if they witness a potential crime, no matter where it happens.
Her comments came after several lawsuits have been filed against the city marshals for allegedly operating outside their jurisdiction, which under state law is limited to "...the enforcement of state laws and city and county ordinances on real property owned, leased or otherwise under the control of" the city.
VIDEO: Steve Sebelius sits down with Mayor Shelly Berkley in an exclusive interview
But Berkley, an attorney, called the lawsuits "frivolous" and said the marshals acted appropriately.
"I have to tell you, I am very keen on the [city] marshals," Berkley said in an interview in her City Hall office. "I am not pleased about the lawsuits. I think they're frivolous and they're foolish."
Added Berkley: "As a citizen — forget the fact that I'm the mayor — as a citizen, if I see a crime in front of my eyes, I think it's my responsibility and my duty as a citizen to intervene in a way to protect the public. Now why would the marshals have less ability to do that than a private citizen in the city of Las Vegas?"
Highway traffic stop
The controversy began back in January, when city marshals pulled over online journalist Derek Myers on U.S. 95 near Craig Road, allegedly for suspicion of drunken driving.
Myers questioned the marshals' authority to detain him on the highway, and the Nevada Highway Patrol was summoned to the scene. According to body-worn camera footage obtained by Channel 13 chief investigator Darcy Spears, a Highway Patrol trooper asked Myers to get out of his car, which he did.
Marshals then administered field sobriety tests, which they said Myers failed. He was arrested and taken to the city jail.
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Myers in March filed a civil rights lawsuit in U.S. District Court, objecting to the arrest on jurisdictional grounds.
In April, city employee Lance Downes-Covington filed his own lawsuit, assisted by the ACLU of Nevada, alleging he was assaulted during an arrest by city marshals who he claimed were again operating outside their jurisdiction.
Myers's attorney, Adam Breeden, later said that other people in similar situations have asked to join the lawsuit against the city.
Months went by before Myers was formally charged, but the city filed charges against him in Municipal Court in June. Later, defense lawyers moved to recuse the entire Municipal Court bench, alleging the judges have a conflict of interest because marshals protect the courthouse and the judges who work there.
The 2025 Legislature even considered a bill that would have clarified the jurisdiction of the marshals and the county's park police department, but the measure did not pass.
Matter of public safety
Berkley said the marshals took action to protect public safety.
"If they see a crime in progress; if somebody is driving on the streets and they are inebriated and they're driving in and out of traffic and putting other people at risk, I would expect the marshals to do something about that. And if they don't, I will," she said.
EXTENDED INTERVIEW: Mayor Berkley is asked about the city marshals and their jurisdiction
Asked if she was concerned about the growing number of lawsuits against the city — and the potential for liability related to the jurisdiction issue — Berkley said no.
"If they react to a situation in a professional manner, as they're trained to do, I think they should be [acting]. I would encourage them to do that," she said. "That doesn't mean that they're going out looking for more work. They've got enough work to do in their official capacity."
Berkley was also asked about a legal opinion written by former Clark County District Attorney David Roger. Roger, who is now general counsel to the Las Vegas Police Protective Association (the union that also represents city marshals), concluded marshals should not be working outside their jurisdiction. Did that opinion change her mind?
Berkley said no. "I'm just as much an attorney as Mr. Roger and as much as I respect his position, I hold an opposite position," Berkley said. "So I think the marshals were perfectly within their rights to do what they have done and I support them."