Quantcast
Home manage Las Vegas Review-Journal
  Jobs Cars Homes Shopping Travel Weddings Golf Best of Las Vegas Photo   Search:

RECENT EDITIONS
Wed Thu Fri Sat Sun Mon Tue

sponsored by
News


JUDICIAL DISCIPLINE COMMISSION: Judge's prospects evaluated

Conversation at courthouse focuses on Halverson's future

Administrators at the Regional Justice Center expect District Judge Elizabeth Halverson's suspension will last at least three months.

Senior District Judge Charles Thompson will take over Halverson's courtroom and chambers on Monday, and court administrators figure Thompson will be just the first of several senior judges who will handle her cases while she is on paid leave awaiting the next decision from the Nevada Commission on Judicial Discipline. Senior judges are retired judges who are appointed by the Supreme Court to fill in whenever needed.


Most Popular Stories
  • Traffic accident claims life of longtime, successful lawyer
  • One motorcyclist killed, another critically injured in accident
  • NORM: Buchanan called 'larger than life'
  • THE FACES OF JOBLESSNESS: Family had to get help for first time
  • NORM: Marie Osmond, manager battling
  • Nurseries fence out day laborers
  • Second person dies after being restrained by police
  • NORM: Agassi reveals bad vibes with Shields
  • North Las Vegas motorcyclist killed in collision while racing, police say
  • Las Vegas police make arrest in 2008 slaying




  • Halverson was the talk of the courthouse Thursday, where some attorneys carried around the Judicial Discipline Commission's 27-page "final order of interim suspension," sharing it with colleagues as they made the rounds from courtroom to courtroom.

    "I would expect her to be gone (banned from the bench) in 90 days," said one defense attorney who asked that his name be withheld. "If this was a pool, I'd take the under on 90 days."

    But he was one of several lawyers who said the commission's decision was troublesome. They felt the commission was overstepping its authority to get rid of an unpopular elected official. They said they believe the commission is gunning for her not so much because of the rookie judge's legal procedural missteps but because of the way she treated her staff.

    "The real reason she got removed (suspended) was because she had the bailiff rub her feet," the defense attorney said, referring to Halverson's former bailiff Johnnie Jordan's testimony that Halverson directed him to massage her.

    Halverson, who has been a judge since January, packed up her personal effects and left her courthouse office by 5 p.m. Wednesday, shortly after the commission placed her on paid suspension pending its decision about formal charges of violations of judicial codes of conduct.

    "We will be demanding that they (commissioners) expedite their investigation," said Halverson's attorney, Bill Gamage.

    The commission started its investigation in May. If it does decide there is probable cause to file formal charges, that moves the process, which is largely secret by law, into the public arena. The formal charges would be public documents and the hearing on those charges would be public.

    The interim order of suspension was released not by the commission but by the Nevada Supreme Court.

    Halverson had previously asked the state's high court to rule that Clark County Chief District Judge Kathy Hardcastle overstepped her authority when she took action against Halverson regarding some of the same matters for which the commission suspended Halverson this week. A ruling from the court on that matter was still pending Thursday.

    If the commission formally charges Halverson, special prosecutor Dorothy Nash Holmes will have the burden of proving, by clear and convincing evidence, that the facts of the case justify discipline. Halverson would be given the opportunity to respond to the charges at the public hearing.

    After such a hearing, the commission can dismiss the case or impose a penalty, ranging from public censure to removal from the bench.

    "We are certainly looking forward to a hearing on the merits," Gamage said. "The judge wants her day in court."

    Halverson continued to be unavailable to the Review-Journal for comment on Thursday.

    Gamage said she and her team of lawyers are preparing to file a request for the state Supreme Court to stay the suspension while the appeal of the commission's order is drafted. Halverson contends that her right to due process was violated by the commission.

    Also taking issue with the commission's handling of Halverson is the Nevada chapter of the American Civil Liberties Union.

    The organization, which is preparing to file a second federal lawsuit against the commission related to its secrecy, is objecting to the suspension process and its lack of rules.

    One problem with Halverson's suspension is it has no time limit, said Gary Peck, executive director of the Nevada Chapter of the ACLU.

    "They could investigate for three months, five months, 30 days; that's quite open-ended," Peck said.

    David Sarnowski, executive director of the commission, said investigations typically last six months.

    In the past, the commission, which was created in 1976 to investigate allegations of judicial misconduct, has issued an order of interim suspension while it investigates complaints only three times since 1996, Sarnowski said.

    The commission took that approach with District Judge Gerard Bongiovanni, who was indicted on federal bribery charges and later acquitted. Bongiovanni was indicted in April 1996, and the commission suspended him with pay later that month. He then failed to advance past the primary election when he sought re-election.

    Two other interim suspensions were issued in 2004, to Gerlach Township Justice of the Peace Philip Thomas, who was eventually barred from judicial office forever by the commission after receiving a number of DUIs.

    Peter Laporta, a pro tem judge for the city of Henderson, was suspended in 2004, after the commission determined that he owed $8,000 to the City of Las Vegas for outstanding parking tickets and that he committed other unethical acts while acting as a judge.

    The commission wound up barring Laporta from ever being a judge again in Nevada.

    Another way that an elected judge can be removed from the bench in Nevada is removal by the Legislature. That has only been tried once, in the 1921 case of District Judge Frank Langan, according to State Archivist Guy Rocha.

    Langan was accused of mishandling bank assets, but he survived the removal attempt because there weren't enough votes for it in the state Senate, Rocha said.

    But the granddaddy of all Nevada judicial scandals, Rocha said, was that of former U.S. District Judge Harry Claiborne, who in 1986 was impeached by Congress after being indicted on bribery, fraud and tax evasion charges. He was convicted on tax evasion counts.

    "She (Halverson) is definitely on the side of the more infamous," Rocha said, noting Claiborne was punished for corruption and Langan was punished for incompetency, but the main issue with Halverson seems to be her behavior in general.

    "If they (commissioners) remove her, she would have cemented her place right there with the most egregious situations involving Nevada judges," he said. "If she's not removed, then she's down a notch or two."

    Newsvine Digg Fark Technorati reddit StumbleUpon del.icio.us Slashdot Propeller Mixx Furl Twitter MySpace Facebook Google Bookmarks Yahoo! Bookmarks Windows Live Favorites Ask MyStuff myAOL Favorites

    Leave Your Comment 29 Reader Comments
    Terms & Conditions
    The following comments are provided by readers and are the sole responsiblity of the authors. The reviewjournal.com does not review comments before publication nor guarantee their accuracy. By publishing a comment here you agree to abide by the comment policy. If you see a comment that violates the policy, please notify the web editor.

    Some comments may not display immediately due to an automatic filter. These comments will be reviewed within 48 hours. Please do not submit a comment more than once.
    Current Word Count:

    Note: Comments made by reporters and editors of the Las Vegas Review-Journal are presented with a yellow background.

    Report abuse

    marvin wrote on August 07, 2008 06:16 PM: I believe this judge will file a discrimination suit and win.I believe she will say that this is happening because of her size and health problem.
    Sure she may have made mistakes on the bench,but so have other judges.

    marvin
    no.la


    Report abuse

    Horrace Jones wrote on September 02, 2007 05:18 PM: Federal Judges are almost never disciplined under any method. The following allegations are fully supported at:
    mmason.freeshell.org/methods.htm
    mmason.freeshell.org/372c/index.html
    These links describe and document conduct so egregious and dishonest it is hard to imagine or overstate. Take five minutes and read them, then judge for yourself. This type of dishonesty and Judicial abuse simply can not be tolerated in a democracy. Federal Judges will take extreme measures to keep from disciplining other Federal Judges. They will lie and cheat and make up facts, or ignore facts. The current methods of federal judicial discipline are:
    Impeachment
    Judicial Misconduct and Disability Act
    Lawsuits Against Judges
    Appellate Review
    These methods are ineffective as Judges can and do undermine them with apparent ease and no accountability. One would think that if a judge, U.S. District Judge Donald L. Graham, is guilty of the following then some type of discipline would be in order.
    Lying and intentionally misrepresenting law.
    Refusing to rule on a motion for a preliminary injunction that had been pending for more than 17 months.
    Allowing scores of motions and filings to languish without being decided.
    Usurping legal authority. Allowing a Magistrate to issue an injunction prohibiting direct communication with the Highlands County Government. Additionally, prohibiting Marcellus Mason from making public records request under Florida Law directly to Highlands County. Violating clearly established law and the authority of the U.S. Supreme Court by issuing pre-filing injunctions.
    Abuse of the criminal contempt procedure. Judge Graham took patently illegal order and made it the basis of a criminal contempt complaint and conviction. Lying and intentionally misrepresenting material facts.
    Ignoring the U.S. Supreme Court denying access to the courts by refusing to state any reason for denying IFP applications.


    Report abuse

    Lela wrote on July 29, 2007 01:02 PM: This is a setup plain and simple. It seems her current staff had no problem with Judge Halverson. Of course, no one quotes their affidavits. It is much better reading to put in nonsense about demanded foot rubs. I'd like to hear more about the baliff's background. I don't believe for one minute Judge Halverson "demanded" or asked for foot rubs..that is purely nonesense. But, everyone is easy to believe it.

    Interesting how court administration is quick to sweep Spoor's wrong doings under the carpet. Personally, I would like her number published so all citizens can contact her when we get a ticket so we can have the amount reduced without having to lift a finger. Or perhpas she can get me and other citizens out of jury duty because we don't feel like going or are to busy to go.

    It is clear Court admin. is protecting Spoor for a job well done in being part of the team to get rid of Halverson.

    This is so one sided it is scary.


    Report abuse

    Jane S wrote on July 29, 2007 12:52 PM:
    This is a testement of how much power a crooked Cheif Judge has and how dirty politics are alive and well in Southern Las Vegas.

    Halverson has been made out to look as badly as possible when the reality is she has done nothing that any other Judge has done and is currently doing.

    Hardcastle has set up a very good plan to get Halverson out. Halverson is a very easy target. She's fat, (most people hate fat people), She is disabled(people hate differences), She is outspoken(how dare an obese woman speak out), and she will NOT be controlled (How dare a fat disabled woman not kiss up). It is easy to hate Halverson. Throw in some nonsense about her being prejudice and poof.. you've got a lynch mob ready to go. Damn your good Hardcastle.. I've got to hand it to you. You are a wonderful crafty, sneaky woman.

    Anyone can twist words and take things out of context to make someone look bad.
    That is exactly what has happened here.

    Does Halverson have some quirks.. yes. Did she make a couple rookie mistakes? yes. Has other judges ever made a mistake?YES. Do other judges have some quirks? YES. So how is it that Halverson ends up in the news and the others not?

    This is such a set up and a digusting misuse of taxpayer money simply to settle a score for Hardcastle.

    Hardcastle should be the one who is suspended. This is truly a disgrace.


    Report abuse

    jscatty@hotmail.com wrote on July 27, 2007 06:29 PM: what insight jenn!!! none of the near one hundred sitting lower judges in the state of nevada wants a seat on the nevada supreme court? "the nevada supreme court is ajoke"? wow you have just revealed yourself as a very unintelligent uneducated person... where exactly do you gain these tremendous insights? For your information or should i say education ,or lack thereof ,getting elected to the nv supreme court with no prior judicial experience is unheard of so your comment about no attorneys running is once again totally devoid of reason ....can i reccomend pusuing your GED ..online perhaps, before posting such ridiculous comments....


    Report abuse

    Sebastian wrote on July 27, 2007 05:58 PM: Joe, you're an idiot!


    Report abuse

    Rob wrote on July 27, 2007 05:53 PM: As for Halverson being vindicated...are you nuts? Supreme court said Hardcastle did not have the authority to ban Halverson for security breaches. That has nothing to do with Halverson. She has not been vindicated and will never be.


    Report abuse

    Jenn wrote on July 27, 2007 05:43 PM: Well, citizen, its probably more likely that no one ran against Cherry because no respectable attorney wants to sit on the NV Supreme Court because it is such a joke. Moreover, given the amount of money a good attorney can make in this state, they probably just dont have a desire to sit on the bench.


    Report abuse

    citizen wrote on July 27, 2007 05:41 PM: i don't think that vindicates judge h but good decision any way


    Report abuse

    joe wrote on July 27, 2007 04:30 PM: Judge Halverson has been vindicated. Judge Hardcastle overstepped her authority . I told everyone here she would be VINDICATED!!!!!!


    Read All Comments