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Halverson told to have mental exam if she intends to blame health problems for behavior

Judge told to comply if health defense planned for discipline hearing

Embattled District Judge Elizabeth Halverson will be required to undergo a mental health evaluation if she wants to bring up personal medical conditions during an August hearing before the Nevada Judicial Discipline Commission.

Claiming it doesn't want a "trial by ambush," the commission on Wednesday ordered Halverson to submit to an examination by a Reno-based psychiatrist by July 18 if she intends to argue that her mental or physical conditions contributed to her behavior on the bench, according to the commission order.


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  • If Halverson doesn't comply and brings up a disability during the hearing, the commission can disallow the information and Halverson could be considered in contempt, the order states.

    The order doesn't specify what Halverson's disability is. In a 2007 meeting with editors and reporters at the Review-Journal, Halverson enumerated several personal health issues. She has difficulty walking and uses a steady supply of oxygen. She's overweight, has been a diabetic for more than 10 years and has experienced severe hypoglycemic attacks.

    Halverson said she also suffers from Crohn's disease and the after-effects of cancer. She said she's also been troubled by congestive heart failure and survived a bacterial infection that eroded the bones in her feet. A knee injury restricts her ability to walk, and a shoulder injury limits her arm motions.

    Halverson has contended that she doesn't have to provide information on medical issues because the federal Americans with Disabilities Act prohibits employers from asking about disabilities, the order says.

    The Judicial Discipline Commission pointed out that it isn't her employer.

    Halverson is accused of mistreating court staff, sleeping through trials and improperly communicating with jurors. She has been on paid suspension since last summer.

    The commission is scheduled to begin a hearing on the complaint against Halverson Aug. 4.

    Halverson, who is seeking re-election this year, also is arguing that she should be allowed to skip the upcoming election and run again in 2012.

    She was elected to a two-year term in 2006 but argued before the Nevada Supreme Court in June that it's unconstitutional to limit her term because judges typically serve six years.

    The Supreme Court hasn't yet decided if Halverson can skip the election.

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

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    ErvinLeeEsq wrote on July 10, 2008 03:43 PM: I've known Elizabeth since 1986. She's an attorney in CA and NV. Yeah, she's fat, and she has some disabilities. But those disabilities do not interfere with her ability to perform the essential functions of a judge (or a lawyer). Why is she under fire? Well, perhaps it's because she defeated the presiding judge's husband when she ran against him for election, and the presiding judge didn't like that and treated her differently. Like, for example, refusing to assign her to an accessible courtroom as is required under the Americans with Disability Act. That law, BTW, protects the right of disabled members of the public to access courtrooms, which are, after all, open to the public. Just one of a long list of retalliatory acts taken against Elizabeth.

    Did you also know that the reason for the legislation that created Elizabeth's two-year term rather than the six-year term required by the NV state constitution was to get sitting judges raises to which they would otherwise not be entitled? Did you know that some of those same judges that got those raises would have lost them if they ruled in Elizabeth's favor during her recent NV Supreme Court motion? Doesn't anyone see a conflict of interest here???? Why don't I read about that?


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    cannonind wrote on July 10, 2008 02:30 PM: PLS & Nancy: Educate yourself..

    Halverson IS an Attorney. Perhaps you should do a little research before you speak. Not only is she an attorney in Nevada, she is an Attorney in Calif.

    Further, Halverson explained that the ONE time she did doze was a hypoglycemic episode which her Medical Doctor confirmed in writing.

    Halverson is not claiming any other medical issue so her medical history and mental health should not be an issue.

    I'd like to see Hardcastle, Nash, Spoor, Cherry and a few other of these band of merry men and women have a Mental evaluation. If Halverson is required to take one, they should as well. It is clear they all have severe mental problems.


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    PLS wrote on July 04, 2008 08:18 PM: Wakeupfolks sounds a little bit suspicious. Like maybe she is the one collecting our hard earned tax dollars as a salary while she sits on that powered chair and complains about anything and everything she can so she can prolong the paychecks.

    I am saddened that the people in this city elected Halverson before looking into her background. Why on earth would someone who is not even an attorney be allowed to run for a judgeship, much less be one.

    We need to find out how to make it mandatory that all judges in our city/state are a licensed attorney before they can even run for office.


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    Nancy wrote on July 04, 2008 09:07 AM: OK "wakeupfolks" - She testified in the last hearing about her medical issues - if she wants to do it again that's her business. There are no "preemps" of judges - there are peremptory challenges. The number and breakdow of those is public information - look it up. The real issue here is she has no experience and no ability to handle the job. The weight comments are offensive but she was a laughing stock BEFORE the election and moreso afterward. Law clerk with no trial experience - oh please! Of course she handled the same amount of cases as the other judges - they have a COMPUTER designed to keep the case loads balanced. Doesn't mean she did anything with them and certainly doesn't mean she did anything right. Take a look at all of the testimony - it is public information - (supreme court high profile site is a great start - read every pleading, every affidavit, etc.) - you'll find her attorneys - before she decided that she was way smarter than they are - raised her health issues ALL OVER THE PLACE.


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    Wakeupfolks wrote on July 04, 2008 01:31 AM: I would be curious to know the number of preemps Judge Halverson had PRIOR to being assisinated in the press.
    I would bet money that there were no more or less preemps than any other judge until Hardcastle and Company created all this nonsense.

    Can any of you intelligent people below provide this information?

    While Judge Halverson made a mistake answering GENERAL questions from the jury, I do not think that makes her a bad judge. I think it clearly was a rookie mistake. Are we to believe that no other Judge has made a mistake?

    As far as the Judge being asleep in court. Since there is Video in every courtroom will the Commission being showing daily tapes of this "alleged" falling asleep?

    For all you ignorant folks who have no clue what you are talking about, did you happen to read the court documents where Chuck Short admitted under oath that there were NO complaints regarding Judge Halverson's work and that she handled as many cases as any other judge?

    Can someone show me where Halverson is claiming her disabilities have anything to do with her job as a judge. I have yet to read anything to that effect. What I have read is that she should not be discriminated and picked on because of her physical disabilities. It is clear by many of the responses here that her physical disabilities ARE an issue for people. They are not for Halverson.


    Report abuse

    sheber wrote on July 03, 2008 10:03 PM: One year paid vacation for screwing up? No wonder she doesn't want the job to end!


    Report abuse

    joe wrote on July 03, 2008 09:32 PM: Yuck


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    whathappenedtolasvegas wrote on July 03, 2008 04:07 PM: All those illnesses and alleged debilitating diseases yet she manages to keep shoveling that food in...what a disgrace...


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    Vicky wrote on July 03, 2008 03:44 PM: Lisa and Nancy, I'm with you. It's good to see that there are posts on here that actually talk about her lack of experience. Usually there are the fat posts and the posts that Halverson herself posts under pen names because they always talk about Cherry, Spoor or Hardcastle in an attempt to deflect away from the issue at hand. Let's see, now the term limit attempt to stay in office has been denied. What else can she come up with to keep the paycheck rolling? Now, the disabilities are an issue. People with disabilities work all types of jobs everyday, but if the disability interferes with your ability to perform the job, then you need to get a different job. We're not talking about working at McDonalds here. This is a highly skilled job which requires a person's full attention because you are deciding a person's fate and if hypoglycemia keeps you from making an informed decision, then you should be in a job where it's not an issue. What disabilty makes you talk to a jury resulting in mistrial? I could care less about what she looks like or what's physically wrong with her. I care that she has demostrated that she can't handle the job and is collecting a paycheck for nothing. I care that the poor me attitude she has is costing me money while she thinks up different ways to keep collecting the $$$$.


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    Nancy wrote on July 03, 2008 02:22 PM: I think Lisa is right on - (and Helen Green is really out there) - the woman was not, and is not qualified. Jury tampering is serious stuff and any fool knows it. Her disregard for the rules and disregard for her staff is an embarassment - but the bigger embarassment is PUTTING A JUDGE ON THE BENCH WHO HAS NEVER TRIED A CASE AS AN ATTORNEY - experience in this particular field matters. She was a disaster on the bench and that is why she had the most peremptory challenges of any judge ever because she was completely INEPT.


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