Web Site Analytics
Home subscribe manage Las Vegas Review-Journal
  Jobs Cars Homes Shopping Travel Weddings Golf Best of Las Vegas Photo   Search:

RECENT EDITIONS
Mon Tue Wed Thu Fri Sat Sun

sponsored by
News


Lawsuit: Change election of judges

Court asked to cut Department 23 seats from ballot

CARSON CITY -- Embattled Clark County District Judge Elizabeth Halverson wants the Nevada Supreme Court to nullify the scheduled November election for her seat on the grounds she still has four years remaining on her term.

Halverson is about to ask justices to order Secretary of State Ross Miller and Clark County Registrar of Voters Larry Lomax to remove from the ballot the election for her Department 23 seat and three other judge seats.


Most Popular Stories
  • NORM: Details emerge in Jackson probe
  • NORM: When live news shots turn bad
  • NORM: Lance Burton renews contract
  • Motorcyclist killed in collision with CAT bus
  • Motorcyclist killed in crash on Blue Diamond
  • Clark County man dies of H1N1 virus
  • NORM: Jackson changes Las Vegas address
  • Motorcyclist killed in crash with SUV at Durango and Sahara
  • OFFICER-INVOLVED SHOOTING: Police account is disputed
  • Interstate 15 projects pile up




  • In the lawsuit, Halverson, acting as her own lawyer, argues that the 2005 state law creating these seats and setting their term length at two years was unconstitutional. It states that under the state constitution, the length of judicial terms is six years and these terms do not expire until 2012.

    Halverson is facing a June hearing by the Judicial Discipline Commission over allegations about her court conduct, and could be removed from office.

    The Supreme Court had not received the lawsuit by late Friday, but Chief Deputy Secretary of State Matt Griffin said Miller and Lomax had been served copies of the litigation. He made copies available to the Review-Journal.

    Griffin said he thought Halverson mailed the lawsuit to the Supreme Court office in Carson City.

    Halverson did not respond to a telephone or an e-mail message seeking comment.

    In the lawsuit, Halverson states that judicial candidates were not made aware that the terms were for two years until the filing period began on May 1, 2006. She said the public did not know of the change until the election in November 2006.

    But at least one news story in the Review-Journal discussed the change.

    Legislators created two-year terms for new judge seats as a way to eventually ensure all judges receive pay increases at the same time.

    Under the state constitution, pay increases may not be granted to judges and other public officials during their terms of office. The officials must be re-elected before they can receive pay increases.

    That means some newly elected judges have received higher pay than their colleagues who have been on the bench longer.

    In creating new seats, legislators are trying to set up a system where all judges are elected at the same time.

    District judges elected in November of this year will receive pay of $160,000 a year, up $30,000.

    Although technically there is an unequal pay system, judges and Supreme Court justices have found a clever way to get around the constitution.

    With legislative approval, judges receiving lower pay have been given a bonus to bring them up to the level of their colleagues if they serve on "library commissions."

    Halverson's lawsuit may be unnecessary since the state Judicial Discipline Commission in June could remove her from office.

    The commission has scheduled a hearing to check into allegations that she slept during trials, mistreated staff members and held illegal communications with jurors.

    Halverson has denied the allegations.

    On Nov. 1, the Supreme Court upheld a decision by the Judicial Discipline Commission to temporarily bar Halverson from her duties. She has been on an interim suspension with pay since July.

    Halverson filed for re-election in January.

    Contact Capital Bureau reporter Sean Whaley at swhaley@reviewjournal.com or 775-687-3900.

    Newsvine Digg Fark Technorati reddit StumbleUpon del.icio.us Slashdot Propeller Mixx Furl Twitter MySpace Facebook Google Bookmarks Yahoo! Bookmarks Windows Live Favorites Ask MyStuff myAOL Favorites

    Leave Your Comment 8 Reader Comments
    Terms & Conditions
    The following comments are provided by readers and are the sole responsiblity of the authors. The reviewjournal.com does not review comments before publication nor guarantee their accuracy. By publishing a comment here you agree to abide by the comment policy. If you see a comment that violates the policy, please notify the web editor.

    Some comments may not display immediately due to an automatic filter. These comments will be reviewed within 48 hours. Please do not submit a comment more than once.
    Current Word Count:

    Note: Comments made by reporters and editors of the Las Vegas Review-Journal are presented with a yellow background.

    vicky wrote on May 05, 2008 02:15 PM: oldlawdawg, you have it right on. Couldn't have said it any better than that.


    Hmmm wrote on May 03, 2008 05:48 PM:


    How does judge sleepy explain away these words in the constitution?

    "...shall hold office for the term of 6 years (excepting those elected at said first election) from and including the first Monday of January..."

    So, judge sleepy's "said first election" was mid term. So, her term is less than 6 years.

    She can now go back to bed.




    oldlawdawg wrote on May 03, 2008 02:08 PM: By filing this action now, Halverson has almost assured she will be removed from the Bench in July. Right or wrong (and she may well have the argument this time around), the judge assigned to her case will make sure just enough gets done to prevent Halverson from screaming to the press, but not enough to move the case meaningfully along, and certainly not enough to allow Halverson an opportunity to use the case as a soapbox as she clearly intends to do (thus, her timing).

    I have no personal knowledge of the specific allegations against Halverson aside from seeing her nod-off while on the bench (just as I have seen Loehrer and Denton do more than once), but my own observations of and experiences in Halverson's court leave little doubt in my mind that she does not have enough training and experience as a lawyer to be sitting on the bench. I could not care less what she weighs or looks like, and other judges have far worse demeanor. It just doesn't seem that she learned very much in all those years allegedly spent writing briefs and opinions as a District Court Law Clerk before Hardcastle sacked her. Even allowing for 'newness' to the Bench, Halverson does not appear very smart, as does also 'newbie' Susan Johnson (who has screwed up, to be sure, but is actually very intelligent, sharp and hardworking). But Halverson was elected and is entitled to due process if 'they' want to remove her, and I can't say as how she is 'incompetent.'

    That said, I do suggest Halverson and this whole mess only further demonstrates that we must end the practice of electing our judges, and instead switch to appointments subject to retention votes and an absolute two term limit.


    Jen wrote on May 03, 2008 11:37 AM: Media Watcher you are so right. If the public would do their homework and pay attention they would see this is just a vindictive ploy because Halverson doesn't play.

    The corruption at that courthouse is rampant. That is a well oiled machine that can do whatever it likes.


    MediaWatcher wrote on May 03, 2008 10:56 AM: To B:

    That "creature" is receiving a paycheck because the powers that be do not like honest people and whistleblowers so they got her out of their club so they can continue to rob us. Her house has long been clean. There were no illegal activities in SF as it was a rental dispute. (If everyone who had a difference with their landlord was committing an illegal activity, we would have to jail half the population!) Do you even understand the article that in a time when here is no money in the budget, when a widow is being billed $487,000for search and rescue, the judges are sneaking around and messing with the constitution to get a $480,000 raise that they do not deserve? Halverson may be fat and ugly, (as your calling her a creature implies--perhaps that isyour problem with her, but she is the one blowing the whistle on this. Look at Ralston's blog in yesterdays Sun and read the lawsuit. You will see that this time, Halverson is right and only trying to protect the public. She will still go on trial, but she is doing the right thing by exposing this money grab.


    UNLVStud wrote on May 03, 2008 10:50 AM: Wow! What a biased article. How do you not discuss the merits of her case regardless of whether you like her personally or not?

    She clearly lays out that what the Legislature did was illegal and in violation of the Nevada Constitution! Why was that not the center thread to the story? Instead, you focus on the "notice" that is irrelevant to her claim and use it to give the paper a pat on the back for reporting the change the Legislature proposed. Just because the public was notified of the shorter term, in violation of the constitution, doesn't make it legal.

    Further, I'm all about equal pay for the same position, but the Legislature's creative way of shortening the term of office to make that happen is illegal. Let them serve on a library commission to receive the difference in pay. Obviously that's a better solution than violating the constitution by shortening the terms of office for those seats. If this law is allowed to stand, the Legislature could shorten the term of governor (something I personally wouldn't mind given who's in office now) based on the "compelling" interest of pay parity.

    Also, if these positions are left on the ballot, the county will have to eat the cost of holding an unnecessary election. Just think about the additional printing costs, staff, etc that is needed.

    I don't expect much out of the RJ, but some honest, factual, informative reporting would be nice to see once in awhile.


    factsoflife wrote on May 03, 2008 08:33 AM: Yes they do and they are not the only branch that protects ea. other we all know what happens to a whistle blower.


    b wrote on May 03, 2008 04:51 AM: Still no one in power will give us an answer as to why this creature is still receiving a paycheck. Do the lawyers and Judges really protect each other that much? Enough to keep robbing my pocket book? How much has she been paid since she was suspended? Has this creature ever paid her fines and judgements from the lawsuits she lost from her illegal activities in California? Has she ever cleaned up her yard that the city cited her for? We need term limits people, our fine judges won't give it to us, we have to do it. Elections are coming up, we have to vote out ALL encembents, and only one term for all from no on.