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Amid controversies, judge gets low rating

Survey says 46 percent support booting Hardcastle




Clark County District Court made headlines over the past year, and nearly every time Chief Judge Kathy Hardcastle was there -- for better or for worse.

Whether it was the story about campaign cash for courthouse favors, the one about lucrative contracts for defense attorneys, the one about sealing civil disputes for the rich and famous or the drama about the courthouse eviction of an out-of-bounds judge with an attitude and an oxygen tank, Hardcastle was there with an uncompromising, take-no-prisoners approach.

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  • Whether pushing her own priorities or representing those of other judges, the chief judge has taken some unpopular positions, has overseen a courthouse that officials say is overwhelmed by growth, and, according to a recent survey of Clark County attorneys, has forged her fair share of foes along the way.

    In the Review-Journal's recent 2008 Judicial Performance Evaluation, 46 percent of 305 attorneys who responded to questions about Hardcastle said she should not be retained as judge. Of the 24 District Court judges, only three scored worse; departing Judge Lee Gates, Judge Jessie Walsh and the disgraced Judge Elizabeth Halverson.

    District Court judges, during a closed-door meeting, choose a chief judge once every two years to oversee operation of the courts. Hardcastle is expected to step down this year after four years in the post.

    Assemblyman Bernie Anderson, D-Sparks, the chairman of the Assembly Judiciary Committee, said Hardcastle is representative of the unrest he has seen for years among Southern Nevada's judges as they fuss and feud over funding and other issues before his committee.

    "Judge Hardcastle does foster that 'my way or the highway' way of thinking, and it's reflective of the discord between the judges in Family Court and the judges from the general jurisdiction courts," Anderson said.

    Hardcastle did not respond last month to requests for an interview, but departing District Court Judge Stewart Bell, who previously served as the Clark County district attorney, said Hardcastle works hard as chief judge.

    "Kathy takes her responsibility seriously and tries hard to make the courts the best that they can be," Bell said.

    In the Judging the Judges survey, Clark County attorneys anonymously rated judges based on their knowledge of the law, biases displayed and the operation of their courtroom. Some lawyers also provided comments about judges, some more colorful than others.

    Attorneys rate each judge on 12 factors as "more than adequate," "adequate" or "less than adequate." More than a third of attorneys rated Hardcastle less than adequate on seven of the 12 factors. In the other five areas, approximately one in five attorneys rated her less than adequate.

    And, the negative comments outnumber the positive comments 47 to 14. Also, nine comments offered a backhanded compliment or a response with some good and bad.

    Some of the negative comments included the following:

    • "A conceited, mean-spirited legal lightweight who tries to cover up her lack of knowledge with arrogance. She makes no effort to conceal her favoritism for certain lawyers and her contempt for others. A real jerk!!!!"

    • "She more than adequately rules in favor of herself."

    • "Needs to learn that, even though she may be the chief judge, she cannot run the 8th District Court like a dictatorship. She is often unprepared. She is almost always rude to the point of being downright nasty."

    • "She has the charm of a crocodile."

    Most of the positive comments echoed short sentiments, such as "A great judge" and "Best judge in Clark County" and "tough lady," but others were more substantial.

    • "She's harsh but she has made good decisions in the cases I have taken in front of her. I've won and lost in front of her. She's fair and I think she's honestly trying to do a good job. I mean that as a big compliment. A person could be assigned to a much worse judge."

    • "Handles a tough job -- chief judge -- very well. Can you imagine the egos she has to deal with? Yet, things run pretty smoothly. Deserves a lot of credit."

    Attorneys criticized Hardcastle for her efforts to remove Halverson, a troubled freshman judge who upset her staff, acted inappropriately with jurors and baffled attorneys with her rulings and rude remarks.

    The attorneys said the chief judge overstepped her authority.

    One attorney wrote, "As bizarre as Halverson was (is) Hardcastle's initial handling of the matter left a lot to be desired from the standpoint of judicial due process."

    Hardcastle, in the past year as chief judge, also opposed measures that now prohibit judges from sealing civil cases at their discretion, and she upset court officials when she appointed judges to choose attorneys for indigent defendants after the Supreme Court said it's inappropriate for judges to select them.

    Her action did not directly violate the high court's ruling, except perhaps in spirit, because she beat a deadline for ending that practice.

    Anderson, the lawmaker who authored the legislation Hardcastle opposed last year, said Clark County judges are a diverse, stubborn group.

    Hardcastle's iron-hand approach might be necessary to quell unrest, he said, but her unwillingness to compromise divides judges who should work together to solve issues that are pressing in response to Las Vegas' explosive growth.

    "It is part of who she is. She is a tough person. She is not a pushover," Anderson said of the chief judge. "In comparison to her two predecessors, she is much more black-and-white in terms of what needs to be done and what our (Clark County District Court) position is."

    Contact reporter Frank Geary at fgeary@reviewjournal.com or 702-383-0277.

    RATINGS FOR DISTRICT COURT JUDGES

    In the Review-Journal's 2008 Judicial Survey, hundreds of Southern Nevada attorneys anonymously ranked Clark County District Court judges based on their knowledge of the law, biases and the operation of their courtroom. Below are the District Court judges and the retention scores, ages and re-election status of each judge. All District Court departments are up for re-election this year, but some sitting judges are running unopposed.

    Judge Should the judge be retained? Age Election status
      Yes No
    Valerie Adair 80% 20% 44 Unopposed
    David Barker 92% 8% 48 Unopposed
    Stewart L. Bell 91% 9% 63 Not running
    James Bixler 81% 19% 60 Unopposed
    Elissa Cadish 82% 18% 64 Running
    Kenneth C. Cory 74% 26% 64 Unopposed
    Mark R. Denton 88% 12% 56 Unopposed
    Allen R. Earl 90% 10% 66 Unopposed
    Lee A. Gates 43% 57% 55 Not running
    Jackie Glass 62% 38% 52 Unopposed
    Elizabeth Gonzalez 82% 18% 46 Unopposed
    Elizabeth Halverson 8% 92% 50 Running
    Kathy A. Hardcastle 54% 46% 56 Unopposed
    Douglas W. Herndon 88% 12% 43 Unopposed
    Susan Johnson 80% 20% NA Running
    Michelle Leavitt 56% 44% 43 Running
    Sally L. Loehrer 69% 31% 61 Not running
    Donald M. Mosley 56% 44% 61 Running
    Jennifer P. Togliatti 85% 15% 41 Unopposed
    Valorie J. Vega 70% 30% NA Unopposed
    Michael Villani 81% 19% 50 Running
    David T. Wall 88% 12% 48 Unopposed
    Jessie Elizabeth Walsh 41% 59% 49 Running
    Tim Williams 83% 17% 52 Unopposed


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    davec wrote on September 28, 2008 08:46 PM: Interesting, these sites were posted in the Sun. After information was revealed by readers in the blogs, Mosley had the comment section removed.

    Also won't debate his opponent on Jon Ralston. What's he hiding?

    http://www.lasvegassun.com/news/2002/mar...

    http://www.lasvegassun.com/news/2001/may...

    http://www.lasvegassun.com/news/2003/may...

    http://www.lasvegassun.com/news/2000/aug...


    sue wrote on August 23, 2008 10:05 AM: This says it all!!

    anothersuccessfulsealing wrote on August 23, 2008 09:28 AM: http://nevadalawjournal.org/pdf/mosley.pdf

    Here's the entire ruling. These politicians should not be allowed to seal personal cases from the public, period. We have a right to know what they are concealing as well as the judicial corruption inevitable if the cases and decisions are hidden.


    GetTheseJudgesImpeached wrote on August 11, 2008 02:46 PM: Clark County 8th District Court Judges should all be impeached. They violate their judicial oaths, Article 3 Section 1, Canon Codes of Judicial Conduct, and ar just plain idiots. They violate our 14th amendment rights.


    Victim Of Discriminayory Judges wrote on July 16, 2008 10:30 AM: Judge Sally Loehrer and Judge Mark Denton act unethically, by violating their judicial oath, discriminating against pro-se liyigants, and not following court rule and Nevada Rules of Civil Procedures.


    t mosley wrote on May 21, 2008 10:37 AM: To Undr Cvr, Thank you. Obviously you are aware and motivated by your integrity. I'm on it. Enough is enough.
    TMosley


    undr cvr wrote on May 21, 2008 10:28 AM: T Mosley: FBI will not confirm or deny any investigations other than what leaks into the press.
    However, if you want to bring anything forward especially with evidence there is a couple of ways to go.
    http://www.fbi.gov/hq/cid/pubcorrupt/pubcorrupt.htm

    'Public corruption is one of the FBI’s top investigative priorities—behind only terrorism, espionage, and cyber crimes. Why? Because of its impact on our democracy and national security. Public corruption can affect everything from how well our borders are secured and our neighborhoods protected…to verdicts handed down in courts…to the quality of our roads and schools. And it takes a significant toll on our pocketbooks, too, siphoning off tax dollars. Learn more here about our national program and local investigations.'

    Report Corruption Secured Online

    https://tips.fbi.gov/
    You can contact Richard Beasly at FBI Las Vegas who is agent for public corruption.

    If you do not get positive response contact US Attorney with details where a federal agent or court fails to appropriately act on federal violations that are prosecutable. And, back everything up with DOJ criminal division, Washington DC to ensure that anyone local is playing by the book.


    T Mosley wrote on May 21, 2008 10:03 AM: To Undr Cvr, Please email any info you deem helpful pertaining to an FBI investigation into the judicial corruption in Las Vegas. I have much to add including, supporting evidence, no political ties, and no fear of the truth.
    T Mosley


    EvMan wrote on May 20, 2008 11:47 PM: What a corrupt loser, the FBI should crawl up her a**...


    Alex wrote on May 20, 2008 05:18 PM: Several years ago, as part of a classroom exercise, I would sit in on Court cases. Hartcastle was arrogrant! I heard her tell an Attorney that she had "Studied the Points and Authorities", and she disagreed with that Attorney. Case closed! That was it! She never even justified what HER "Points and Authorities" were. When I read that she had become "Chief" Judge, all I could think is that we must be despartate for anyone to sit on the Bench. UGH!


    vicky wrote on May 20, 2008 04:23 PM: I agree with your comments ET. I see Halverson is posting again. If she did as much research to prepare for the Courtroom as she does for the posts she does on every article discussing a Judge, she'd still be there. This is supposed to be a forum to discuss all Judges, Hardcastle in particular. Of course, as usual, it's all about poor railroaded Halverson. Why doesn't the RJ take a poll of voters to see how they would decide and compare the two? Obviously, these results show who the attorneys favor. Let's see who the voters favor? If you hate the way things are, do something to change it.


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