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SEPARATE CASES, SAME MAN: Judge stirs more controversy

Case involving child support a 'nightmare' because of call

Yet another controversy involving Clark County District Judge Elizabeth Halverson has come to light.

A phone call from Halverson about a father involved in a child support case created a "nightmare," Family Court Hearing Master Sylvia Beller complained in court in late April.

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  • Earlier this year, Thomas Cecrle, a friend and former brother-in-law to Family Court Judge Steven Jones, appeared before Halverson on drug-related charges. During the same time frame, Beller was presiding over a separate case involving Cecrle's continued failure to pay more than $40,000 in child support to his ex-wife, Mary McElhattan.

    Beller removed herself from Cecrle's child support case on April 23 and said a phone call from Halverson had provided Beller with information she should not have had. Because of that, Beller stepped aside and referred the matter to Family Court Judge Gloria Sanchez.

    "These are issues that really need to be handled by the District Court judge (Sanchez) because of a District Court judge (Halverson) stepping into this action, which probably wasn't entirely proper," Beller said on an audiovisual recording of the hearing.

    On Feb. 7, Halverson sentenced Cecrle to 90 days in the Clark County Detention Center on drug-related charges. Cecrle failed to turn himself in at the appointed time, and Halverson issued a bench warrant for his arrest.

    On April 4, Halverson sentenced Cecrle to probation and more than 100 hours of community service for his failure to surrender to authorities.

    The recording of Beller's decision to step out of the Cecrle case does not reflect when Halverson made the phone call to her. What does appear clear is how Beller felt about Halverson's call.

    "She created, really, a nightmare with this thing," Beller said on the recording.

    Cecrle's ex-wife, who is trying to recover the delinquent child support, couldn't agree more. But McElhattan said she is the one living the nightmare, not the courts.

    "Accountability? There is none," McElhattan said last week.

    Although she asked Beller to expedite her next court date, her child support matter will not be heard again until the end of this month.

    "The system's not working on my behalf," McElhattan said. "Sometimes I ask myself why I'm even doing this."

    Cecrle's defense attorney, Richard Schonfeld, declined to comment.

    At least twice before, Halverson has found herself accused of improper communication, situations that contributed to Chief Judge Kathy Hardcastle's decision to restrict Halverson to hearing civil cases only. Halverson is challenging Hardcastle's authority to do so in the state Supreme Court. Halverson was elected in 2006 and took the bench in January.

    The Review-Journal reported in March that Halverson had spoken to two juries hearing criminal cases before her without having attorneys present. Her actions caused requests for mistrials in both instances.

    In one case, Halverson's error resulted in prosecutors offering a deal to Armando Sotomayer, who was on trial for felony child abuse. The plea agreement reduced the charge of felony child abuse against Sotomayer to a gross misdemeanor.

    Neither Halverson nor Beller was willing to comment on their phone conversation or the issues that have arisen because of that conversation.

    Without knowing exactly what was said between Halverson and Beller, it's difficult to assess how serious the matter is, said Jeff Stempel, a professor for UNLV's Boyd Law School.

    "There's always a danger when judges are talking among themselves that they may give each other information that's never properly admitted in court," Stempel said.

    Nevada's Code of Judicial Conduct contains a general prohibition against ex parte communication, which is communication that takes place without all interested parties being present.

    The code notes: "A judge shall not initiate ex parte communications, or consider other communications made to the judge outside the presence of the parties concerning a pending or impending proceeding."

    Exceptions exist, such as administrative or procedural matters.

    Stempel said that judges do have other avenues of obtaining information that do not present the risks of judge-to-judge communication on active cases. They can request the court records, transcripts or recordings of a hearing, Stempel said. They can have a staff member contact a staff member in another judge's office.

    "The idea is for nothing of substance to happen in a case unless both parties and their lawyers are there so that they can dispute or challenge the facts," Stempel said.

    Judges who violate the code of conduct on proper communication can face serious consequences.

    In 1998, former Family Court Judge Fran Fine was removed from office after the Nevada Commission on Judicial Discipline found she repeatedly had violated the rules on communication.

    In 1995, Fine was fined and reprimanded for engaging in ex parte conversations with Family Court judges Gerald Hardcastle and Jones on a case in which she had served as counsel for one of the parties.

    The question of judicial ethics matters to McElhattan, whose legal battle to obtain child support from Cecrle dates to 2004.

    The case has been reassigned and postponed so often that McElhattan said she is beginning to think it's a futile effort.

    "I've done my part," McElhattan said. "Why aren't they doing theirs?"



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    No tolerance for dead-beats wrote on June 16, 2008 03:13 PM: For anyone else who has faced challenging issues with child support laws and incompetent Judges or lwayers. Kindly remember that they are doing their best to do what is right. Although their actions may not support immediate needs. Dead-beat fathers or mothers need to take a stronger role of responsibility. And if the non-paying party have the audacity to have children then they need to consider the responsibility and financial obligation it requires to raise a child. Since they have no problem with making one.

    In retort to Vicious Womans comments: I am more concerned that you would site Mary as - just as bad as the Judge or her ex - when by default she is the one being responsible. She has raised the children, taking them for their docters appointments,
    put a roof over their head, feed them and clothed them all while the x- decided to Gamble and drink and do drugs with his money. (google Toms name) he has a few articles on his track record.

    If there are any single parents that have challenging stories to share and discuss. Have been wronged by a system that is not perfect...go to rocketrisks.com and share your story. Select the word Mother and share. Something needs to be done about this gap in our community.



    Donna wrote on July 21, 2007 08:58 PM: I received a divorce through Judge Fran Fine that took 2 1/2 years. Can you imagine having to sit in that womans court room for 2 1/2 years? She was horrible. She would constantly insult and demean people. She even insulted a witness because they wore a perfumed fragance. She was'nt judicial. Sometimes she would roll her eyes at people only to blatantly ignore them when they spoke. I wish that I had a buck for everyone she insulted. After every session, I think that I returned home to tears and nightmares of Her. Her conduct was terrible! Divorce can be stressful enough without such behavior from a judge. I praised the LORD when I learned that she had been removed. God does answer prayers. If Halverson is anything like Fine stop her now before children get hurt. I think that some children were indirectly harmed because of Frances Ann Fine Firmer's inadequate judgments and unethical conduct. Judge Fine was given many warnings yet, did not correct her behavior. Fine had to be removed.


    Donna wrote on July 21, 2007 08:30 PM: I have empathy for McElhattan because I am having trouble receiving the total child support due, too. Only, my problem does'nt appear to be because of the judges but because of the District Attorney's office on Child Support. I am owed $30,000, my children are grown, and I've had a CS case since 1994. I have recently gone to court on my case. Unfortunately, I had to discover that IF the defendant pays SOMETHING, the DA's office of Child Support will not do anything to them even WHEN the Judge orders otherwise. The defendant in my case was supposed to be placed in Contempt and ordered to pay additional penalties as per the Judges Orders. Although this judgement was given in May of 07, it is now July of 07 and the District Attorney's Office has refused to do anything. They never sent me a copy of the Judges orders. Even my case manager from the DA's office of CS has told me, "since the defendant paid %53 of their support last year, nothing can be done". I have familiarized myself with CS law in NEVADA and have found that while they may have it on the books, one must go outside of the District Attorney's office of Child Support and use another attorney in order to get some justice. The FED'S NEED to return to the District Attorney's office of Child Support and remind the attorney's that Child Support laws and a Judges Orders are in place for a reason. Perhaps if the FED's return, McElhattan and her children may get some support. Although, I won't hold my breath.


    Mike K. wrote on July 06, 2007 09:39 AM: Halverson strikes again. I hope that the people who voted for this incompetent judge have the sense to remove her from the bench when she is up for election, or sooner.


    Vicious Woman wrote on July 06, 2007 08:07 AM: More relevant is whether Mary McElhattan NEEDS money? Did she have to use the "system" to go after her ex? The answer is NO. She is no better than her ex, and probaby is worse.