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Apr. 16, 2008
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JOHN L. SMITH: In judge's case, not even a certified Casanova could use the love defense

JOHN L. SMITH
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Guys have been known to do a lot of crazy things in the name of love. Turn their backs on best friends. Trade in the Camaro for a Caravan. Go on a diet. Get a tattoo.

But seldom in the annals of amour do we encounter love as a defense in a judicial ethics complaint. That, in essence, is Family Court Judge Nicholas Del Vecchio's defense as he attempts to address the 38-count complaint filed Feb. 8 by special prosecutor Mary Boetsch on behalf of the Nevada Commission on Judicial Discipline. In his response last week, Del Vecchio claimed that Rebeccah Murray's allegations of sexual harassment were mitigated by the fact the two had had a consensual relationship, and that at one point the judge wanted to marry her.

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    • You see, it was about love. And when the love dissolved, the bitterness remained.

    Except that, well, that's not Murray's version of events. For starters, she accuses Del Vecchio of taking advantage of her more than a decade ago when she was just 14 and he was married to her mother. She alleges he shot nude photos of her and coerced her into performing oral sex.

    Murray went to work for Del Vecchio in May 2002 as a judicial executive assistant. She claims the judge threatened to fire her if she broke off their relationship.

    She has since filed a lawsuit against Del Vecchio claiming harassment on the job, assault, and infliction of emotional distress. The judge wants that lawsuit to play out before the judicial discipline commission makes a determination.

    Alas, there's a problem with Del Vecchio's story of love gone awry. The stinging allegations directly involving Murray make up approximately one third of the total the judge faces.

    If we were to somehow magically make those go away, you're essentially talking about 26 charges coming in from a wide range of sources. And not even a certified Casanova would be able to use the love defense on these eye-poppers.

    Like the time the judge allegedly told court clerk Patti Camarote to take out law clerk Michael Bognar and "make a man out of him." And the time the judge supposedly told his clerk she "needed to get laid."

    And there's the time he allegedly told a judicial assistant to date certain attorneys and dress provocatively in order to better solicit campaign contributions from lawyers who practiced in family court. I'm not sure, but I'll wager such donation hustling tactics are frowned upon -- at least officially.

    Not even a broad definition of love will help the judge defend against allegations he slurred the Mexican heritage of bailiff Richard Tamez. Saying, "Where is my lazy Mexican bailiff? He's probably asleep under his chair," is hard to explain away as anything other than ethnically insensitive and unfunny. And using the term "wetbacks" to describe Latinos, as is alleged, isn't going to win Del Vecchio any sensitivity points, either.

    Then there are the sexually suggestive and otherwise inappropriate remarks the judge is said to have made about court employees Imogene Serrano, Beata Funk, Meredith Simmons, Patsy Ross, Ladeena Gamble, Natalie Smalling, and Wilma Sawtelle.

    This guy's no Dr. Phil. Perhaps it's easier to just ask for a show of hands of all family court employees that Judge Del Vecchio didn't say something inappropriate about. And, according to the complaint, there aren't many ethnic groups he didn't offend.

    At some point, didn't anyone at the court think to lock the little pervert in a broom closet for safekeeping?

    That's the problem with any defense that begins with an ode to lost love, no matter how twisted. In the judge's case, it doesn't account for a CAT busload of court employees who have been the subject of the guy's potty mouth and dirty-old-man-in-a-black-robe routine.

    Who knows, maybe Judge Del Vecchio's twisted story of love won and lost will overcome all the other damning accusations he faces as he fights to keep his job. Yeah, maybe.

    But don't be the house on it.

    Or will it be, as I suspect, that eventually judicial discipline commission members will find themselves logically asking, "What's love got to do with it?"

    Frankly, I think Del Vecchio would have been better off getting a tattoo.

    John L. Smith's column appears Sunday, Tuesday, Wednesday and Friday. E-mail him at Smith@reviewjournal.com or call (702) 383-0295.



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    TB wrote on April 16, 2008 10:23 PM: Judges are attorneys elected to their seats on the bench, correct? What about that process ensures that they are virtuous: truthful, fair and honest? I would rather they be nominated by and chosen by their peers. Would that be any worse than the current method?


    nuveo americano wrote on April 16, 2008 08:53 PM: Kathy, please why is he still on the bench? On the other hand do we really want this guy with nothing to do all day. We are safer with him locked in his chambers


    dee wrote on April 16, 2008 03:11 PM: THANKS FOR BEING THERE BIG JOHN, I LIKE THAT YOU TELL IT LIKE IT IS. READ YOUR COLUMN, ALL TIME


    socks wrote on April 16, 2008 09:50 AM: So many things can't be brought up at a trial atleast not for the accused side. The accuser can say all kinds of things and not show proof. It's time they drop this method and bring out anything and everything on both parties with proof and if an accuser says this and that they need to show proof of any accusations they are making. For instance, he took nude photos- show them-
    This judge should be upholding the standards he imposes on others but we all know this isn't happening. What makes a teacher accused of child abuse immune to the same sentences as a sex offender, not having to register, etc..
    same crime diff sentences.
    Vegas has always been known for who you know and how much influence you have mentality, if you ain't tipping you ain't gettin-it reaps what it sows


    Judy wrote on April 16, 2008 08:53 AM: Will be interesting to see how the Judicial Discipline Commission handles this hot potato. I think a lot of folks will be watching.


    Dawn wrote on April 16, 2008 08:08 AM: DelVecchio is digusting


    Tip of the iceberg wrote on April 16, 2008 08:05 AM: This is just the tip of the iceberg of what transpires at the courthouse. The feds should go in with a can of raid and get rid of all the cockroaches. Start with the Supreme Court and work their way down to hearing master.

    DelVecchio should be removed from the bench pending the outcome of this investigation. You know like Kathy Hardcastle did to Halverson.

    But since Hardcastle allowed her minor daughters boyfriend to move into her home, DelVecchio might be right up Hardcastles ally. Hey Kathy, you can hook DelVecchio up with Whitney. At least DelVecchio has a paycheck for now. And Kathy you would have an adult in the house when you are out having "drinks" with your girlfriends.

    Many of our "judges" have less morals than a lot of the people they judge.


    JM wrote on April 16, 2008 07:27 AM: You have to remember, this is a lawyer. There are always multiple ways to look at the same issue. The Judge is considered by virtue of his position a truthful, fair and honest person. The allegations must be false since he is a law decider and not a law breaker. We should consider the Judge's to have the highests standards just like Doctors. Oop's did I say Doctors. Ok let's just make it easy and hold Judges, Doctors, Lawyers, County Commissioners, State Legislators, especially those fighting term limits and Used Car salesmen to the same high standards. If they can not meet the high standards then let's lower the standards to the level of whale dung and get on with our lives.