Good judges, bad judges

Posted by Sherman Frederick
Monday, Jan. 12, 2009 at 09:07 AM

Some judges consider the law a calling. They work hard day-in, day-out; year-in, year-out to administer justice as best they can.

Then, there are judges like Kathy Hardcastle.

Last year as the chief judge of District Court, she let Judge Lee Gates sit on only 21 days worth of trials. Of course, Judge Gates drew full pay, while Hardcastle did nothing about an obvious abuse.

Then, as 2008 wound down and Judge Harcastle was due to cycle off the chief judge position, I am told, she rejiggered the court calendars down at District Court so that she only had to work about 30% of the number of cases of the other judges. She wants to coast into retirement, just as she allowed Judge Gates to do.

Thankfully, the new chief judge saw the inequity and added to her work load early this month. She threw a fit. But she's still getting a deal. The average judge at District Court is scheduled to handle 1,500 to 2,000 cases in 2009. Meanwhile, lazy Judge Hardcastle, unless something changes, will be lucky to handle 1,000 cases.

My sources in the judicial system tell me that there is much angst over the Hardcastle situation. As well there should be, especially if there is any move to add judges to District Court. But the more pressing point is this: If Hardcastle doesn't want to work full time, she should resign so the taxpayers can get a judge in her courtroom who will.

UPDATE -- I am told from someone who should know that I am wrong in saying that Judge Lee Gates only had 21 trial days in all of 2008. The correct number is 23. Also, adding insult to injury to taxpayers, Judge Gates has now been named a "senior" judge. Nice "work" if you can get it.

UPDATE UPDATE -- For more on all this, be sure to read Jane Ann Morrison's excellent column on the topic. It adds more information to the workload of judges. You will note that her column says that the District Court will provide updated information on all the judge's work habits in 2008 ... in March 2009. It will be interesting to see, of course. But my sources say that all this information is already compiled and available. Why would it take until March to release it publicly. I'm not saying anything ... I'm just saying, "Why indeed?"

This entry was posted on Monday, Jan. 12, 2009 at 09:07 AM and is filed under The Complete Las Vegan. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response.

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6 Responses to "Good judges, bad judges"

You are so mean-spirited, shame on you, and you don't even confirm your story. Where are you at 2:00 in the morning when Metro is on site at a murder scene and need a warrant? Judge Hardcastle is there. She has opened her home and her cell phone to Metro for such emergencies 24 hours a day and has since the day she became a judge. Judge Hardcastle took over Judge Stewart Bell's calendar when he retired, same calendar, same caseload. Did you call Judge Bell lazy? In addition to that criminal calendar, she continues to hear the DUI Court every Thursday. Judge Bell didn't do the DUI Calendar. Did your source tell you how tirelessly she worked as Chief Judge for the last 4 years, most days 12 and 14 hours a day. And by the way, she was elected as chief by her fellow colleagues. I know this all to be true because I work for her!

Written by: Janice on Monday, Jan. 12, 2009 at 10:41 AM -- Report abuse

In December 2008, the entire caseload of Department 7 was transferred to Department 4. The suggestion that this assignment is reflective of a “lazy” judge implies by your logic that the Judge who retired from Department 7 was a “lazy” judge. Nothing could be further from the truth. The size of this caseload was a testament to the skill of the judge and the ability to resolve cases quickly. In addition to handling this caseload, Dept. 7 managed criminal overflow assignments and presided over more than 60 of these trials in 2008. Like Dept 7, Judge Hardcastle volunteered to manage the criminal overflow calendar which coordinates the reassignment of one week criminal trials to available judges. Additionally, Judge Hardcastle presided over the management of medical malpractice cases as chief judge. She has agreed, in addition to her regular assignment, to continue the Medical Malpractice Case Status Checks. Further, Judge Hardcastle presides over the Felony DUI Court, which provides alternative sentencing and supervision for individuals charged with felony driving under the influence of drugs and alcohol. The Criminal Caseload Model was reviewed in December 2008. The adjustments followed feedback from justice partners concerning the ability to staff court assignments, and after evaluating caseloads since the approval of the case flow plan in September 2008. The new case assignment plan takes into consideration many factors, including the impact on justice court, the district attorney, and the public defender. The December 2008 adjustments will result in adding criminal cases to the Department 4 assignment, and Judge Hardcastle accepted the changes to the caseload assignment model. The executive committee of the court is routinely monitoring assignments to insure that caseloads are fair, and that they present the most affective and efficient plan for the court business. This process is ongoing.

Written by: Art Ritchie on Monday, Jan. 12, 2009 at 3:51 PM -- Report abuse

Just wait Sherm, that's not all they have in store for you. Next they are implementing the "Uniform Rules of Medical Malpractice" which will greatly expand the involvement of court personnel, such as the Discovery Commissioner, in the day-to-day operations of a medical malpractice case.

Hospitals will be required to hand over their entire library of poliies and procedures without the Plaintff showing a foundation. But the Supreme Court and the Plaintiffs' Bar felt that a Plaintiff need only produce evidence of his/her wage loss upon a showing of relevance. Uhh....I made $375k last year....What, you want proof? Its absurdity taken to exponential proportions.

When judges start enforcing things like the statute of limitations we may have a miniscule chance of thinning the caseload. Until then don't expect anything but an expanded judiciary.

Written by: Miles Monroe on Monday, Jan. 12, 2009 at 5:44 PM -- Report abuse

Judge Hardcastle is not alone. Judge Mosley is right there with her in demanding a caseload of only criminal cases while most other judges handle both criminal and civil cases. Both of these long-time judges should be required to take civil cases. It's time for the Chief Judge, or the Nevada Supreme Court, to step in and put an end to this crap. If Hardcastle and Mosley don't want to pull their weight, they should retire. Now.

Written by: lawyer on Tuesday, Jan. 13, 2009 at 1:12 PM -- Report abuse

I don't even want to start on the corruption with the judges, and your article barely touches the issue. There is so much collusion between the judges, DA's, Public Defenders and Police.

These judges spend too much time trying to justify their position with numbers, instead of quality. Just look at the Supreme Court docket. Look at how many of these judges regularly have cases overturned. Look at the actual criminals that have an extreme evidence of guilt, that get new trials because these same judges errored, and allowed so much prosecutorial misconduct, that a guilty criminal gets a second or third trial.

We need a complete overhaul of our system and a push for a system that focuses on applying the law with integrity, character, and blind justice. Not the corruption that we see. Hardcastle especially, IMHO, is horrible. Hardcastle may clock in many hours, and definiteley works hand in hand with metro, especially if they don't have evidence and need a judge to push things through.

Written by: pbud33 on Wednesday, Jan. 14, 2009 at 6:12 PM -- Report abuse

Judges are underming the constitution because it appears they are protecting one another. we need a constitutional amendmendment to take the judicial review committee out of judges hands and place it in the hands of our state legislators with one attorney on the committee to act only as an advisor. this will place some control on judges. after having my constitutional rights violated behind the death of my son, and being sworn to uphold our constitution, i speak with experience. PASS THIS SUGGESTION TO ALL THAT YOU CAN. CALL ALL OF YOUR REPRESENTATIVES.

Written by: jerry on Monday, Sep. 14, 2009 at 5:10 AM -- Report abuse

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