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JUDICIAL DISCIPLINE COMMISSION: Panel suspends Halverson

Judge will continue to draw pay




Embattled Clark County District Court Judge Elizabeth Halverson is off the bench but not out of a job.

The Nevada Commission on Judicial Discipline on Wednesday gave two reasons for suspending the 49-year-old Halverson.


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  • "First, she poses a substantial threat of serious harm to the public," said the order, signed by Commission Vice Chairman Daveen Nave. "Second, she poses a substantial threat to the administration of justice."

    The Judicial Discipline Commission found that Halverson's inexperience with criminal law, her inexperience as a judge and her overall poor judgment were solid grounds for removing her from the bench. The suspension was effective at 5 p.m. Wednesday.

    Though she won't be working, Halverson will continue to collect her $130,000 annual pay pending a judicial disciplinary proceeding. The commission has the power to ban her from the bench.

    Halverson will be required to turn in the badge that allows her access to nonpublic areas of the Regional Justice Center, said District Court Spokesman Michael Sommermeyer. Sommermeyer said the Nevada Supreme Court will be asked to provide a senior judge to take over the civil cases that had been assigned to Halverson.

    "We'll do everything we can to make sure that people's cases are heard in a timely manner," Sommermeyer said.

    Halverson's lawyer, William Gamage, said the suspension will be promptly appealed.

    Halverson could not be reached for comment, and Kathy Kubik, Halverson's spokeswoman, declined to comment.

    "The proceedings are still confidential," Gamage said, "and because of that we cannot really comment on some of the remaining aspects of the case."

    The commission had first issued its order of interim suspension of Halverson on May 10. The panel had put that order on hold because Halverson requested a hearing.

    That hearing took place July 16. With Halverson present, the commission reviewed complaints against her concerning her competency as a judge and allegations that she created a hostile work environment for her staff. Witnesses, including Halverson's former staff, testified to the commission that the judge initiated improper contact with jurors in at least two criminal trials, actions that resulted in requests for mistrials in both situations.

    "In at least one case, a child thought to be a victim of a sex offense may have to experience another trial due to the judge's alleged error," the order said.

    The order also noted that "there was more than adequate proof" that Halverson fell asleep on at least one occasion while presiding over a criminal trial and that in another case Halverson dined with jurors in the courtroom, "an event unheard of as far as the commissioners participating in this case are aware."

    The Judicial Discipline Commission's order also said that Clark County District Court Chief Judge Kathy Hardcastle's decision to restrict Halverson to hearing civil cases only was reasonable and practical, under the circumstances. Halverson has a lawsuit pending before the Nevada Supreme Court challenging Hardcastle's authority to take that action.

    It might be argued that Halverson doesn't pose a threat to the administration of justice now that she has a civil case load, commissioners noted, but the statistics don't support that. Testimony to the group from Clark County Court Administrator Charles Short showed that the number of peremptory challenges against Halverson for May and June totaled 151, compared with a combined total of 53 filed against the other judges at the Regional Justice Center during the same time.

    "While Judge Halverson's counsel argued that she has no control over what attorneys, law firms or parties decide to remove her via a peremptory challenge, the Commission concludes that the statistics reveal a distinct unease in Clark County about Judge Halverson's ability to handle even civil matters," the order said.

    The order also showed that commissioners were disturbed by testimony from Halverson's former staff members. Johnnie Jordan, Halverson's former bailiff, told the Commission that his role devolved into "what he stridently characterized as one of 'housenigger.'"

    Jordan's duties included heating Halverson's lunches, changing her shoes, keeping ice in her drinks, covering her with a blanket when she rested in her chambers, and, on at least one occasion, she directed him to rub her neck and back.

    She also expected him to spy on other court personnel, something Jordan said he refused to do.

    Witnesses testified to Halverson's inappropriate comments regarding other staff members, including one instance where she called her former law clerk Lisa Carroll a "faux Jew."

    That behavior, the order said, suggested that Halverson is predisposed to treating her subordinates poorly and is not a competent administrator.

    "It cannot be said strongly enough that a demonstrated history of treating staff members with disrespect if not outright contempt cannot and will not be tolerated," the order said.

    Clark County District Attorney David Roger said the decision to suspend a judge is uncommon. It erodes public confidence in the judicial system when such an action is necessary, Roger said.

    "I can tell you that it's a very sad day for the judiciary," Roger said. "People reading about Judge Halverson in the newspaper may one day be litigants in court. It doesn't help the court's reputation when citizens read about these things."

    The commission's order makes it clear that the relationship between Halverson and the Judicial Discipline Commission has become a tense one. Halverson's attempts to delay the proceedings and her complaints that she and her attorneys had not been given enough time to review all the investigative information raised the ire of the commission, which provided her with documents as a courtesy and not because of any legal requirement to do so.

    "Nevertheless, Judge Halverson chooses to attack the Commission's process by contending that she does not have time to digest all the information that the rules don't even entitle her to have at this juncture," the order said.

    "In the Commission's view, this argument lacks legal merit and transparently demonstrates Judge Halverson's desperation at having to face a hearing at all."

    Review-Journal writers K.C. Howard and David Kihara contributed to this report.

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    Victim wrote on October 02, 2008 12:02 AM: Let's face it, there are a lot of Clark County District Court Judges who defy the Canon Codes of Judicial Conduct. Lets get rid of all those Judge and get the Judges who know how to be professional.


    Geoffrey John Wells wrote on June 09, 2008 03:48 PM: Judge Art Ritchie is being investigated by the Commission on Judicial Discipline. Here is the link to see the papers for yourself. It is the 5th revolving picture. It is the Commissions reply. HE is corrupt.

    http://blog.myspace.com/index.cfm?fuseaction=blog.view&friendID=370222293&blogID=400460904


    Michael Ray Thompson wrote on June 02, 2008 07:48 PM: Wow, I've been in Las Vegas for about two years now. Clark County has its share of shady charactors, both governmnt officials and citizens. Judge Halverson is definitly a shady charactor.

    I wish Clark County could get a handle on the quality of people it chooses to represent it (i.e. Judge Halverson and Mayor Goodman).


    Michael Ray Thompson wrote on June 02, 2008 07:48 PM: Wow, I've been in Las Vegas for about two years now. Clark County has its share of shady charactors, both governmnt officials and citizens. Judge Halverson is definitly a shady charactor.
    I wish Clark County could get a handle on the quality of people it chooses to represent it (i.e. Judge Halverson and Mayor Goodman).


    Lola wrote on May 31, 2008 11:33 AM: It is disgusting that this woman is still collecting a paycheck on the tax payers dime.

    Did she ever clean up her property that should be condemned?


    dooledee wrote on May 26, 2008 09:49 AM: when will she pop and this will be over?


    Brian in Austin wrote on May 09, 2008 01:22 PM: What a grotesque "woman". And I bet she blames her obesity on a health problem. More than likely she can't pass the donut shoppe without going inside!


    Mr. Justice wrote on August 06, 2007 10:49 PM: Stacey, even a person of your limited perspicacity should have obverved that the point I was addressing was TRIAL EXPERIENCE, which was what Judge Halverson's lack thereof caused such hyperventilating among the uninitiated. You conjure up a red herring argument regarding overall experience, when Judge Halverson had just as much or more experience in such matters.



    I can't agree with you, doll, regarding your untutored assesment of my equal protection arguments...they are basic hornbook constitutional law. And, as for watching Judge Judy, I believe she had you in mind when she titled her book "Don't pee in my pocket, and tell me it's raining."



    That's all for now. I am going to re-read my published opinions. I 'll limit it to just the Supreme Court and the Fifth Circuit. I don't want to be up all night.


    Mr. Justice wrote on August 06, 2007 10:31 PM: Kelly, Kelly, Kelly, you incorrectly said Bill Henderson has done hundreds of trials, then quote the Sun endorsement of him, which says NOTHING about trial experience, only that he has hundreds of clients (maybe traffic ticket cases, to justify why you believe Halvserson is inexperienced. You make no sense at all.

    Matthew Blossom makes cogent and intelligent observations, whose cogency is not diminished simply by you masters of the obvious noting that Halverson is obese. Most of you on this Board use words as if they have no meaning. Just throw them out there and see if they stick.

    I Order You All To Read More Books, With A Dictionary Handy to Look Up Any Word Over Four Letters Long.
    IT IS SO ORDERED.


    oxmalla wrote on August 02, 2007 05:42 AM: She's an incompetent slob. That's a fact.


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