"Had she raised her challenge timely in 2006, the Legislature could have acted in 2007 to address the matter," the response states.

In her petition before the Nevada Supreme Court, Halverson said the 2005 law creating her judicial seat is unconstitutional because her term is only for two years. Typical judicial terms are six years.

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

Under the constitution, pay increases can't be granted to judges during their terms in office. They must be re-elected before they get a raise.

The Supreme Court is scheduled to hear arguments on Halverson's petition on July 1.

The Nevada Judicial Discipline Commission filed a 14-count against Halverson claiming she created a hostile work environment, slept on the bench and couldn't conduct trials adequately. Her former bailiff claims Halverson made him massage her back and put shoes on he feet.

Halverson, who uses a motorized scooter, has denied the claims. She is suspended from the bench but continues to collect her $130,000-a-year salary.

The Judicial Discipline Commission scheduled a weeklong hearing starting June 9 in connection with the complaint.

Contact reporter David Kihara at dkihara@reviewjournal.com or 702-380-1039.