[2] The building is sited on a hilltop near the commercial section of Ely,[2] with the city's middle school, library, senior citizen center, several houses, and a park in close proximity.

A copper boom allowed the county to invest in the present substantial two-story structure, designed by George T. Beardslee and built by R.E.

[13][14] In September 2006, the county commission voted unanimously to spend $100,000 to $120,000 to hire two bailiffs for the courthouse, a recommendation that came from Seventh Judicial Judge Dan L. Papez,[14] who worked in the building.

[14] In February 2007, Nevada governor Jim Gibbons and State Senator Bob Beers of Las Vegas toured the courthouse and joined a list of judges and lawmakers who supported the construction of a new, $14 million judicial complex.

To alleviate these concerns, the county planned to introduce a draft proposal which would pay for the new facility's daily operations in the form of a pre-funded $4 million courthouse trust.

[17] In March 2007, Nevada Supreme Court Chief Justice William Maupin called the courthouse "one of the most dangerous locations in this state," saying, "Nevada's most dangerous criminal defendants, those incarcerated at the Ely State Prison, frequently appear in court in Ely and sit in a witness box that is within arm's reach of juror positions one and two.

Marshals Service wrote in his report, "Not only is the site location unacceptable, but the facility will never meet minimum security standards based upon design and infrastructure issues."

Freiburger made a recommendation to the county to find an alternative courthouse location, stating, "Should a serious security breach occur, the close proximity could endanger residents and many of the middle school children in the immediate area.

Justice Court proceedings were still being held in the building's basement,[3] and the close proximity between the jury box and inmates who are on trial remained a security concern.

[5] Ely mayor Melody VanCamp said, "The building is in such tough shape that it's not worth the money in trying to make it safe to have prisoners there and bring them in... our courthouse isn't secure enough to have the trials and arraignments.

"[4] In June 2017, no action was taken on the funding request,[25] leaving the White Pine County Commission to choose between remodeling the courthouse or the city's jail.

[26][27] In September 2017, the USDA Rural Development government agency approved a $9 million loan to the county to help finance a new justice center, including a 38,000 sq ft (3,500 m2) courthouse.

[28] In April 2019, the county sought $10 million from the state to help finance construction of the new justice facility, with completion expected between December 2019 and September 2021.