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Aug. 15, 2008
Copyright © Las Vegas Review-Journal

Some Halverson charges dismissed

Judicial discipline panel keeps 11 misconduct counts

By BRIAN HAYNES
REVIEW-JOURNAL

Suspended District Judge Elizabeth Halverson resumes her testimony in a hearing Thursday before members of the Nevada Commission on Judicial Discipline.
Photo by John Gurzinski

Two days after being voted out of office, suspended District Judge Elizabeth Halverson got a bit of good news Thursday when the Nevada Commission on Judicial Discipline dismissed a handful of charges against her.

The embattled judge still faces 11 of the original 14 allegations of judicial misconduct that could end with her permanent removal from the bench, including improperly communicating with jurors during trials, falling asleep on the bench and mistreating employees.

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    • Halverson, who was suspended in July 2007 and continues to collect her $130,000 annual pay, finished third in Tuesday's primary and will not advance to the general election in November.

    "I don't really have anything to say on that matter, and certainly not to the Review-Journal," she said about the election, citing negative articles about her in the newspaper.

    At the hearing Halverson's lawyer, Michael Schwartz, argued for the dismissal of all 14 counts against her, citing a combination of legal technicalities and lack of evidence.

    The commission unanimously voted to dismiss some of the charges, including some involving the creation of a hostile work environment, improperly contacting a Family Court hearing master and failing to explain written order procedures to her clerks.

    Halverson was the day's only witness. She continued her testimony that was cut short last week when she suffered a hypoglycemic attack.

    Her testimony Thursday was often redundant, so much so that the presiding commissioner, District Judge Richard Wagner, frequently stopped Halverson in the middle of her rambling answers and urged the lawyers to ask more pointed questions.

    Halverson addressed many of the allegations in the commission's complaint.

    One count accuses Halverson of using the term "faux Jew" in front of two of her staffers.

    Halverson explained she used the term as a joke in comparing the two women, one who was a devout Jew and one who was not.

    Special prosecutor Dorothy Nash Holmes said whether the term was intended as a joke or not made no difference.

    "A judge shouldn't say these things when talking to staff," she said.

    Halverson, 50, later broke into tears when testifying about finding evidence of what she called ticket fixing by her then-executive assistant, Ileen Spoor.

    "There were hundreds of tickets, and I thought, 'This is so inappropriate,'" she said. "I was stunned. I was devastated when I found out what was going on in my office."

    When Nash Holmes asked Halverson why she cried, she said, "I didn't realize it still affected me so badly."

    Spoor testified last week that she did nothing wrong by referring traffic tickets to lawyers.

    Halverson testified that she found e-mails on Spoor's computer showing a conspiracy among court employees to get the media to "print nasty articles" about her.

    The hearing resumes at 8 a.m. today at the Las Vegas Convention Center. Schwartz said he plans to call as many witnesses as possible before the 5:30 p.m. cutoff set by Wagner to let commission members catch flights out of town.

    If closing arguments are not made by that time, both sides will submit written arguments.

    Contact reporter Brian Haynes at bhaynes@reviewjournal.com or 702-383-0281.



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    WatchingTheShow wrote on August 17, 2008 08:06 PM: Captain Obvious; you must not have seen Judge Leavitt storm in with all of her indignation at the idea that she would be accused of violating a subpoena.

    Prior to her arrival, the staff attorney who accepted "everyone's subpoenas" informed the commission that Judge Leavitt was watching the proceedings on TV. Then we learned that the reason she did not appear as directed in her subpoena is because she was in a Capitol Murder Trial.

    Well, usually we regular folk must show up as directed and wait in the hallway, sometimes all day, before we testify. We are not given an appointment and we are not always informed as to what questions would be asked.

    Perhaps this is just one of those "perks" like ticket-fixing that only those employed at the RJC are afforded so often that they come to expect it.

    Let us pray there aren't too many judges busy watching TV while "in the middle of a capitol murder trial".


    joe wrote on August 15, 2008 10:28 PM: Since nobody else is saying it, I will:

    Is it time for the fat lady to sing?


    Captain Obvious wrote on August 15, 2008 08:55 PM: "watching the show"
    just curious about the Leavitt comment?
    How is it related to this story?
    I'll be glad when this embarassment is over,How much is this stupid trial costing, and how about the national attention this has recieved?


    tmosley wrote on August 15, 2008 05:41 PM: What a class act Mr. Chairez is.

    Prior to the primary, while he is running for Nv. Supreme Ct. Justice, he agrees to testify on behalf of Judge Halverson, without concern for any political liability. Only concerned about defending false allegations and telling the truth.

    It is unfortunate his run for the Supreme Court was defeated. Our loss. Many could take a lesson from Judge Chairez.


    timetotalk wrote on August 15, 2008 05:22 PM: Endrun; That was the plan. Come up with a lame excuse on the first day. Offer to be available the second day. And allow the commission to dismiss any charges that would necessitate his testimony.

    Trouble is, in a court of public opinion, Cherry is now guilty as sin.


    endrun wrote on August 15, 2008 05:17 PM: Cherry gracefully slithered out of potential grief. Unbelievabe!


    Nancy wrote on August 15, 2008 04:51 PM: Hearing has mercifully ended - that was the most tedious, painful afternoon in the history of hearings. Unbelievable.


    WatchingTheShow wrote on August 15, 2008 04:12 PM: Wow, that Judge Leavitt sure is snippy. Things must be all good in her life, and it's common knowledge she does not like to be criticized. Isn't that the brother involved with "drama" in his sister's (Michele's) courtroom?

    Wonder how snippy she might be if she were on the hot seat????


    joe wrote on August 15, 2008 03:16 PM: Oh Helen, I always love your rants. Whether I'm attractive or not, I at least know how to do my job and am competent enough to complete my assigned tasks without upsetting my co-workers, unlike Heferson. My physical attributes don't interfere with my job duties either.

    Rip on me all you want, but 90% of the people who voted this week see Halverson for what she really is you goofball. Helen is proof the insane can learn to type.


    investigate wrote on August 15, 2008 01:31 PM: Agreed! The drama is frustrating.
    There are strategies in play though, that have produced evidence and more to come.


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