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MySpace judgment: Guilty

Blog remarks cost substitute judge

A substitute judge lost his position with the North Las Vegas Justice Court last week because of hostile comments aimed at prosecutors on his MySpace page.

Among the personal interests listed by Jonathan MacArthur, a 34-year-old criminal defense attorney, was: "Breaking my foot off in a prosecutor's ass ... and improving my ability to break my foot off in a prosecutor's ass."

MacArthur began blogging and posting pictures on the online community site last spring.

His MySpace page caught the attention of Clark County District Attorney David Roger, who went to the North Las Vegas Justice Court administrator and asked that MacArthur be recused from criminal cases as a substitute jurist, or judge "pro tem."


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  • "It's obvious to the casual reader this is an overstatement just for the effect," MacArthur said, describing the comment as a reference to his work as a criminal defense attorney and not to his mind-set as a judge.

    "It's funny that I emphasize it again," he said.

    But local prosecutors aren't laughing.

    "He has displayed a bias against prosecutors," Roger said Friday. "Therefore, I do not feel the state of Nevada would get a fair shake by him."

    Roger spoke with North Las Vegas Justice Court Administrator Terri March last week about MacArthur's MySpace comments.

    Roger said he told March that if MacArthur continued as a substitute judge, he planned to file a motion to have MacArthur recused from all criminal cases.

    Roger e-mailed all prosecutors asking them to notify him immediately if MacArthur presided over one of their cases so that Roger could have him recused.

    "I don't think he'll be sitting as a pro-tem judge any longer," Roger's e-mail said.

    He was right.

    March showed the MySpace comments to North Las Vegas Justice of the Peace Natalie Tyrrell, for whom MacArthur substituted. They decided not to use MacArthur's services any longer, March said.

    "A judge's job is to be unbiased in all matters, and on that MySpace page, it appears he definitely has a bias against prosecutors," March said.

    The comments were inappropriate and "unbecoming of a pro tem," March said.

    MacArthur, who previously was a substitute in Las Vegas Justice Court, believes the district attorney's office is taking the statement out of context and is working to sabotage his shot at the bench.

    He moved to North Las Vegas in 2005 to position himself to run for a new judicial department that opens in 2009.

    Chris Lee, a former deputy district attorney who now works for Secretary of State Ross Miller, intends to run against him.

    "My record on the bench is pristine," MacArthur said. "I've got nothing but compliments from both sides."

    As a jurist, MacArthur said, he has no problem fairly applying the law. He said he makes an extra effort to see the prosecutor's perspective.

    "I'm not letting people out willy-nilly," MacArthur said.

    Roger dismissed the idea that his actions were politically motivated.

    "I could care less about what he does in 2008," Roger said.

    Other interests MacArthur added to his profile include: "anything relating to the NFL, video games, sex."

    The NFL statement links to his favorite team, the Denver Broncos.

    The sex item links to "Sperm are From Men, Eggs are From Women: The Real Reason Men and Women are Different," a book about sexual evolutionary biology by Joe Quirk.

    The links were not immediately apparent in the packet copy of his MySpace page shown to Tyrrell, MacArthur said.

    MacArthur said he blogs often and tries to provoke discussions on controversial issues, including race relations and fairness in practice in criminal cases.

    He said his MySpace blog has received more than 5,400 hits nationwide.

    "People who know me and interact with me socially know I'm constantly trying to say things in a funny, provocative manner," MacArthur said.

    Several prosecutors said his comments show a "win at all cost" attitude inconsistent with the criminal attorney's mission to try to exact justice, a process in which fairness is a key tool.

    It also displays a bias that would interfere with ruling fairly from the bench, said the prosecutors, who declined to be named.

    They also reeled at MacArthur's definition of a substitute judge.

    "What's a pro-tem?" MacArthur wrote. "Imagine a substitute teacher with a black choir robe and a disconcerting amount of authority."

    MacArthur said that, as a defense attorney, he often feels that some prosecutors, especially during negotiations, "act like the world revolves around them and their job is not to do justice but to make sure the defendant suffers as much as possible."

    Those are the type of prosecutors MacArthur said he likes to "break my foot off in."

    But he emphasized the statement referred only to his job as a defense attorney in a process that is designed to be adversarial.

    "Breaking your foot off in someone's ass means to soundly defeat somebody or to overwhelm someone with enthusiasm or competence," MacArthur said.

    It's most often used "among blacks, people who associate with blacks or in a sports context," MacArthur said.

    He also said the Nevada Code of Judicial Conduct, which requires judges to "act at all times to promote confidence in judiciary's impartiality and integrity," applies only to substitute jurists when they sit on the bench.

    MacArthur said he still intends to run for judge despite the advice of some of his allies on the bench who have suggested that he postpone a campaign, given the MySpace controversy.

    As for his MySpace page, he made it private this week, available only to friends.

    He still considers it a recreational endeavor and a place to state his opinions. But in hindsight, MacArthur said, he would have changed the prosecutorial comment to avoid controversy.

    "Being I never expected the DA (district attorney) was going to go searching for something like that, I was perfectly comfortable saying I love my job and I'm good at it."

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    sigh wrote on November 09, 2007 04:58 PM: "He has displayed a bias against prosecutors," Roger said Friday. "Therefore, I do not feel the state of Nevada would get a fair shake by him."
    Oh and everyone else does


    Clock wrote on September 14, 2007 07:56 AM: We once were blind but now we see. Too much power in a man's hand.


    myrna wrote on September 04, 2007 11:38 PM: Re: Judge (pro tem) MacArthur

    I happen to agree that some prosecutors are only out to inflict as much punishment as they are able. The more convictions, the harsher the sentence, the better thier record.

    Also, "My Space" seems like a rather odd place for the DA to be browsing. I was under the impression that the site was more for displays of juvenile angst and displays of "attitude" and a juvenile's idea of sexual content.


    John D. wrote on September 01, 2007 12:42 PM: Notfooled......GET A LIFE!!!! This issue is not about black and white. And I'm not in agreement with what they have done to Mcarthur.

    This is just another attempt by an overzealous District Attorney to attempt to stifle anyone that may be a threat to him and his lynch mob possee prosecutors from using the law to crush people (some of who are innocent) and destroy their familes just so they can get another notch on their belt and look as though they are tough on crime. Does the name MIKE NIFONG ring a bell to anybody????

    I welcome any Judge who will be willing to keep any one of these renegade prosecutors in line.


    Winty wrote on September 01, 2007 01:18 AM: RE: "Breaking your foot off in someone's ass means to soundly defeat somebody or to overwhelm someone with enthusiasm or competence," MacArthur said,"It's most often used "among blacks, people who associate with blacks or in a sports context..."

    This judge is ignorant and should be taken off the bench. He is better suited to the streets of North Las Vegas, not the bench. He has nothing to offer as a leader--and is furthering predjudice against Blacks. A Change Gon Come!


    Uptown wrote on August 29, 2007 09:38 PM: Today is August 29, 2007, and Jonathan MacArthur got his butt kicked in trial last week, the one he challenged David Roger to do against him. I heard the Prosecutors were Sandy Digiacomo and Ravi Bawa. The Judge was Lee Gates.

    Chalk up another loss for Jonathan MacArthur.


    Dad wrote on August 24, 2007 08:50 AM: This is BULLSHIT! This is just another indication and example of how the Media is in a uniform attempt to eradicate successful African Americans from all aspects of professional life; especially in the law. Reading articles like this make my blood warm. The legal system has so much more to deal with than worrying about a free black man's MySpace page?


    James Carville Wannabe wrote on August 15, 2007 01:45 PM: Erin and JT make some perceptive observations. Jonathan's a tenacious lawyer. What both Erin and JT miss is a crucial point, however. When Erin says, "be careful, David Roger and others, we the voters are watching YOU," she has aligned herself with those who are philosophically and temperamentally against PROSECUTORS. Such people are painted by the police and prosecutors as soft on crime. That is a sure way to LOSE an election. So, to say Jonathan will come out of this spat with David unscathed is, simply, wrong. Jonathan will get alot more clients, because his clients will love hearing that he enjoys "breaking his foot of in the DA's ass." Joe Citizen won't like hearing that, however. Law abiding people don't like hearing that prosecutors, those sending criminal defendants such as home invaders, rapists, child molesters, and murderers, to prison for life, where they can no longer harm us or our children, are getting some ass-pain from Jonathan MacArthur. Of course, Jonathan could run for Mayor, but that job requires buffonery, not even-handedness.

    Even criminal defense attorneys run for office on a "tough on crime" platform. Steve Wolfson, a prominent and excellent criminal defense attorney, actively coveted and sought the endorsement of the many police agencies in the State. You don't get elected saying "I get criminals off, so they can rob stores and homes to pay their legal bills."

    JT says Rogers has "outed" himself, and now the public "knows." Knows what? It was the "public" that ELECTED David Roger, and you think he will not do what it takes to get his friend elected?

    Chris Lee will use this Myspace information to crucify MacArthur. That is reality. Politics 101.


    erin broker wrote on August 15, 2007 09:44 AM: JT is right. There will be more. These people do not quit until someone is destroyed. They do their dirty poltics. Then they try to get the public to buy into their games with a big smear campaign. They did it to Halverson and are getting away with it. Now, MacArthur. Keep your eyes open folks. You will see the pattern. Whoever the courts deem "unsuitable" is their target. They use court employees, Commissions, newpapers to reach their goal. Judges they can control and who will be part of the good ole girls and boys network.

    If only Halverson were given the support needed to fight back. But then again, we all know fat and disabled people have no value. It's easy to believe the lies printed about them.

    Are we going to let them do that to another good judge?

    It's time court administrators be put under the mircoscope. It's time we start pulling out their skeltons.

    Rodgers, Hardcastle, Short, Sommermeyer, Commission game players.. We the public are now watching YOU.

    We see your games and are NOT amused.


    JT wrote on August 15, 2007 12:10 AM: While I'm heartened that most folks who've commented seem to "get it," I'm a bit surprised by the level to which most people fail to "get it." This revelation is a good thing. Roger has outed himself early as to his goals, as well as the levels to which he will sink and the extent to which he will use his position and name to promote the career and candidacy of Chris Lee. It's a smear campaign without the benefit of cleverness or even the courtesy of the proverbial thin veil. MacArthur, be proud that the best they could do was to show that you're passionate about your duties as a defense attorney. How hard they must have had to look to find that! But the fact that they were able to spin it so effectively that they were able to get you removed should let you know what you're in for. Be prepared, but be diligent. There will be more, but these things show the voter as much -- if not more -- about the character of the character-assasin. And the voters are smarter than Roger thinks. This will likely not come up once campaign time rolls around, because it has fallen a bit short of the public scandal they were hoping for, and only succeeded in being a scandal in the courthouse itself. Once beyond those walls, you don't have to deal with their politics, you have to deal with us, the voters. And once the campaign starts, even bringing up that you were removed from duty as pro tem puts them at risk of discussing why. And that can only hurt them.


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