[2] Later in 1922, he was elected Eureka County district attorney, taking office on January 2, 1923.
[3] His first act in office was to travel to Reno, Nevada, with the Eureka County sheriff to take custody of two suspects in the murder of a prohibition enforcement officer.
[3] In the fall of 1923, Eather was offered an appointment as second assistant United States Attorney for the District of Nevada,[4] but ultimately declined the appointment to remain in his state office.
[5] Eather was appointed to a vacant Nevada state district court seat in 1929, and was reelected in 1930, 1934, 1938, and 1942.
However, following the death of Justice Edward A. Ducker, Governor Vail M. Pittman appointed Eather to that vacancy.