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Jul. 19, 2007
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STILL ON THE BENCH: Therapist wrote: Halverson coping

Document was part of petition filed with high court by embattled judge

By K.C. HOWARD
REVIEW-JOURNAL

When embattled District Judge Elizabeth Halverson was told by fellow judges to seek mental help, she met at least four times with a therapist, who concluded the judge was "coping amazingly well," despite numerous controversies surrounding her judicial demeanor and decisions.

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    • "I diagnosed Judge Halverson with adjustment disorder with mixed anxiety and depressed mood," Patricia Delgado wrote in a May 22 letter that Halverson included in a petition to the Nevada Supreme Court.

    "Judge Halverson is coping amazingly well considering her situation. At this point, my role is more of a sounding board and support person as Judge Halverson has very appropriate coping skills," Delgado wrote. "Her feelings of anxiety and sadness are based in rational thought processes, and are an appropriate reaction to her very stressful situation."

    Halverson included the letter in a July 12 petition that sought to quash a closed-door hearing held Monday in which the Nevada Commission on Judicial Discipline was considering suspending the judge.

    The high court denied her motion Friday, and the hearing went forward. Halverson's request, which included 122 pages of exhibits that shed light on communications between herself and the commission, was subsequently unsealed.

    Halverson remained on the bench Wednesday and, because of the secrecy of the commission's proceedings, the Review-Journal could not determine whether the commission had voted since Monday not to suspend her; if the commission was still deliberating; if it had suspended her and was drafting the formal decision to file with the Nevada Supreme Court; or if Halverson was allowed to remain on the bench while she appealed the commission's decisions to the high court.

    According to documents from the commission included in Halverson's petition, commissioners received a letter from Chief District Judge Kathy Hardcastle on April 23. She submitted to commissioners a report from three veteran judges charged with overseeing Halverson, "for review and further action, if any, that you (the commission) deem necessary."

    David Sarnowski, executive director of the commission, then filed a complaint, which lays out allegations against Halverson launched by former staff and the three judges.

    "I have authority to do so (file a complaint). I don't get into discussion about how often I do so. Occasionally, it's been required," Sarnowski said Wednesday.

    After considering the complaint during a May 9 conference call, the commission voted unanimously to suspend Halverson and concluded preliminarily that she "poses a substantial threat of serious harm to the public and to the administration of justice."

    The suspension was temporary, pending an investigation into the complaint by the commission. The commission agreed to stay the suspension after Halverson requested a hearing.

    But they stated in their order the suspension is necessary on an interim basis because there was substantial evidence to believe:

    • Halverson is "without sufficient legal abilities to conduct trials in criminal cases," which could harm the administration of justice.

    • She failed to perform her duties impartially and diligently and mistreated staff.

    • She fell asleep during a court proceeding on at least one occasion.

    • She is biased against certain attorneys and has failed to work cooperatively with other judges.

    In its order, the commission also required Halverson to undergo mental and physical examinations. However, by then Halverson already had been seeing Delgado and she provided letters to the commission from the therapist as well as her doctor, claiming she's fit to serve.

    Halverson and her attorney did not return calls from the Review-Journal on Wednesday.

    The fact that the Supreme Court made those documents public probably is an indication they'll make a notice of suspension public should the commission make such a decision, a district court source said.

    "If and when an order of suspension in any given case is presented to the Supreme Court it would be up to that court to decide to disclose it or not and when to do so," Sarnowski said.

    Court officials said the Supreme Court also might release its opinion on a lawsuit Halverson filed against Hardcastle in May once the commission has made its decision.

    Halverson argued in her Supreme Court petition that her mental and physical capabilities, as well as her legal training qualify her to continue manning the bench.

    "As a human being I have made mistakes and I learn from each of them," she wrote in an affidavit. "None of my mistakes constitutes any sort of 'threat to the public.' "

    A letter from her physician, Dr. Michael Jacobs, states Halverson is in a wheelchair because of osteoarthritis in her feet and knees, which makes it difficult to walk. She also has sleep apnea, which requires daily oxygen.

    The Feb. 13 event in which Halverson was accused of falling asleep at the bench could have been triggered by hypoglycemia, Jacobs said.

    "I had failed to eat that day," Halverson, a diabetic, stated in her affidavit, adding that she has taken precautions since to avoid another such incident.

    Delgado, the therapist, said Halverson came in for a session April 10 and had three additional visits.

    "Judge Halverson does not appear to have paranoia. Although she distrusts specific people and suspects these people have malevolent motives, there appears to be sufficient evidence of this," Delgado wrote. "There is also evidence of attacks on her character."

    In her affidavit, Halverson states she did not create a hostile work environment.

    But also included in the documents Hardcastle submitted to the commission is a discrimination complaint Halverson's former bailiff, Johnnie Jordan, made to court administrators.

    In it, he states Halverson treated him in inappropriate, abusive and hostile ways, and required him to rub her feet and back.

    He referenced an incident in which he said Halverson put her arm around him and said he was "her man during the day." He said the comment was sexually harassing in nature.

    In her motion to the Supreme Court, Halverson's attorneys argued any mistakes Halverson has made are no different than other new judges.

    Following her completion of the general jurisdiction course at the Judicial College March 29 -- a standard course for all new judges -- Halverson gained "wisdom, temperament and education to perform her duties," her attorneys wrote.

    Halverson's current staff also submitted affidavits.

    Pamela Humphrey, a court clerk assigned to Halverson in March, said she had no complaints against Halverson, who has never mistreated her.

    "Although I had heard some nonsensical rumors from some personnel about the judge, I discarded them completely because they did not comport with what I had witnessed about Judge Halverson," Humphrey stated.

    Her law clerk, Sally Owen, also filed an affidavit.

    "Her focus is always on the public good and she sets a high standard," Owen wrote. "I admire the judge for wanting only the best for the public she serves. She is always very professional."

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    emma wrote on July 20, 2007 01:34 PM: RE: Vicky "Her current staff will say anything to keep them working. The therapist and the doctor want to get paid. Assessments on her condition need to be made by IMPARTIAL doctors.".

    Ok.. so, her current staff is in on it, a therapist who she has only seen 4 times, her Dr. who she has seen for 8 years... PLEASE... at least make sense.

    Clearly county employees do not lose their job... they kept Spoor who clearly was running a traffic ticket fix business on the side while our public tax dollars foot the bill of her salary. Yet only her friends got the speical priviledges. Not to mention how Spoor was able to dismiss friends from jury duty.. Yet Court Administration see's nothing wrong with this behavior, and continues to employ her.

    The things that make you go.. HMMMMM


    Manny wrote on July 20, 2007 10:21 AM: RE: Chris
    "They will see Las Vegas as a city with corrupt politicians and freak judges. Way to go!"

    If the shoe fits...


    MakesUwonder wrote on July 20, 2007 09:58 AM: One has to wonder why it is that Judge Halverson's current staff has not seen any of the alleged behaviors reported by the other staff? Who should we believe? Staff memebers who think they are a judge and feel they have the authority to dismiss people from Jury duty and "fix tickets", or people who simply have no investment other than to do their jobs.

    I noticed several emails sent by Ilene Spoor to other court staff angry that the new staff memebers were getting along well with Judge Halverson. Two of the emails from Spoor to former staff Kathy Stubener, and other court staff April Watkins, state that perhaps, Court Administration supervisors pay a visit and have a little talk with the new employees.

    Why would that be? Is Spoor angry that these new employees are not following what the old staff members have joined forces to do? Why would court administration have to talk to employees who are happy and willing to sign affidavits regarding what they have observed and experienced?

    I still see no affidavit signed by the baliff, Johnny Jordon. All the documents discussing the alleged behavior is either stated by Spoor, Stubener, or Court Administration Human Resources. Why has Jordon not signed his own affidavit speaking for himself?

    Just curious.


    Richard R wrote on July 20, 2007 09:35 AM: I would be curious to see the exact steps the "impartial" (LOL) committee of Judges hand picked by Kathy Hardcastle took to "help" Judge Halverson.

    What management classes was she sent to?

    Was she sent to any classes to assist in working better with others?

    What did this "committee" do to help?

    According to the court documents... Nothing. It sounds like they met once. Threatened and brow beat the Judge, then said she did not comply.

    According to the public documents, Judge Halverson requested that any subsequnt meetings requested by the"committee" should be submitted to her attorney so he could be present. Judge Halverson also requested that an agenda be provided so she would be aware of what the meetings were to consist of. It sounds like a resonable request to me. Everyone should feel represented. Did the committee comply with this request? Did Judge Hardcastle? Did Court Administration?

    Perhaps the reason Judge Halverson did not respond and go to the requested meetings was because her request for counsel was not followed and each of these entities did not comply with the Judges request to have representation?

    I wonder how many of us would go to a meeting where 3 Managers were attacking us, yet we had no support of our own.

    Hmm... interesting...Sounds to me like this Judge has good reason to be paranoid. Seems like a team effort to get the big gal out. Nice to see so many dirty hands in the pot... amazing how much power Chief Justice Hardcastle really does have. Nevada politics at it's finest.


    Wanda Reed wrote on July 20, 2007 09:14 AM: Are you a diabetes specilist NLV Resident? I have diabetes and have actually fallen asleep due to blood sugars.

    Is Judge Hardcastle being asked to do a mental and physical examination? I think she should at minimum be evaluated by a Physiatrist regarding her relentless hatred and obession of Halverson.




    Areader who IS reading wrote on July 20, 2007 09:04 AM: Ms. Howard, perhaps you should continue reading the various documents.
    Some things you omitted from your article were various emails where it shows the JAE, Ileen Spoor was working with court administrators to get Judge Halverson off the bench. Several emails talk of the court taking care of Ms. SPoor and for her to sit tight, "as these things take time". Emails that show that the "committee of Judges", were working and sending emails with Ileen Spoor telling her that her job was safe and they were working on getting rid of the judge.
    You also failed to point out the various emails in the unsealed documents that show that Ileen Spoor got jury duty dismissles for friends as well as use court time to have moving violations reduced to parking citations which reduced dramatically the cost of the ticket, not to metion defrauding insurance companies who should have been informed of these moving violations. The rest of the public has to pay the normal penelty for these tickets as well as go to traffic school to get them removed from their driving record and not reported to the insurance company.

    There are also emails that show Ileen Spoor not giving items received in the US Mail for Judge Halverson, to the judge, as well as other documents sent to the Judge that Spoor chose to give to other judges rather than Judge Halverson who they were mailed to. Sounds a bit like mail fraud...

    Hmmm... sure looks like the office staff is not clean in this one. Also looks like Court Admistration is closing there eyes. Guess that is Ms. Spoor's payoff for working with them to get Judge Halverson out.

    Wake up folks... much more going on here than meets the eye. WAY MORE.


    Mr. Jenkins wrote on July 20, 2007 12:26 AM: PLEASE PLEASE GET RID OF THIS COW. she is a terrible person and is not fit to be a judge.


    Raffi wrote on July 19, 2007 05:43 PM: Bill Henderson lost for the 11th time. You don't just get to pick someone else who ran against Halverson. If that were the case, then pick Gerald Gardner, the most qualified and most experienced in BOTH civil and criminal law. Ivy league law grad, professional through and through, and a downright good guy.


    Observer wrote on July 19, 2007 05:41 PM: Bill Henderson has little if any meaningful civil law experience either. He has only done a small amount of civil cases, which is what he would preside over. Bill Henderson does not appear to have any criminal experience (trials, preliminary hearings) other than misdemeanors. Good grief. Can the electorate start looking at EXPERIENCE.


    Tony S. wrote on July 19, 2007 05:37 PM: My research shows that Bill Henderson has no jury trial experience either, like Halverson. His experience is in family court. That is where he should have ran.


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