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Aug. 16, 2007
Copyright © Las Vegas Review-Journal

DISCIPLINE COMMISSION: Staff: Judge slept on job

Hearing transcripts reveal allegations against Halverson

By CARRI GEER THEVENOT
REVIEW-JOURNAL

ON THE WEB:
Nevada Supreme Court

Elizabeth Halverson
Suspended district judge

District Judge Elizabeth Halverson's former bailiff testified that she fell asleep daily in court and frequently told him to shoot her husband, according to transcripts of a closed-door hearing that were made public Wednesday.

Johnnie Jordan, who began working as Halverson's bailiff when she took office in January, told the Nevada Judicial Discipline Commission at a July 16 hearing that his boss told him "plenty of times" that she wanted him to shoot her husband, a convicted felon whom she called "Evil Ed" and other derogatory names.

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"Did you take this as a joke what she was telling you, just shoot him?" special counsel Dorothy Nash-Holmes asked.

"No, I didn't," Jordan replied. "I didn't know how to take it."

Although Halverson made the comments in front of her husband, he was not present on one occasion when the judge told Jordan she would dispose of the body herself, the former bailiff testified.

Halverson attorney John Arrascada of Reno declined to comment on the content of the transcripts, which were posted on the Nevada Supreme Court's Web site.

"I have an obligation of confidentiality under the rules of the Nevada Commission on Judicial Discipline," he said.

Testimony at the hearing led the commission to suspend Halverson while it investigates allegations of wrongdoing. The suspension took effect July 25. It does not stop Halverson from collecting her annual salary of $130,000.

The commission gave two reasons for suspending the 49-year-old judge.

"First, she poses a substantial threat of serious harm to the public," according to the order. "Second, she poses a substantial threat to the administration of justice."

The commission cited Halverson's inexperience with criminal law, her inexperience as a judge and her overall poor judgment as grounds for temporarily removing her from the bench. The panel has the power to remove judges from office.

Witnesses at the Judicial Discipline Commission hearing testified that Halverson created a hostile work environment for her staff and that she initiated improper contact with jurors in at least two criminal trials. The order of suspension said that "there was more than adequate proof" that Halverson fell asleep at least once while presiding over a criminal trial.

Jordan, who never before had worked as a bailiff, testified that Halverson "fell asleep every day" in court. He said she once was in such a deep sleep that he failed to wake her by slamming a heavy courtroom door "two or three times."

When his efforts failed, Jordan testified, he sought help from Halverson's secretary, Ileen Spoor, who roused the judge.

"I went into the courtroom, thinking I might have to call 911, and I shook the judge until I woke her and asked her if she needed to take a break when I got her awake," Spoor testified.

She said Halverson, who is obese and has several health problems, told everyone in the courtroom that she had taken medication that disagreed with her "but that she was fine now and to carry on."

Spoor testified that Halverson privately told her that she had fallen asleep because Spoor "hadn't let her take a long enough nap prior to her taking the bench to continue the trial."

Halverson fired Spoor in May and accused her of using her position to fix traffic tickets. Spoor, now a roving judicial assistant, responded by filing a defamation lawsuit against Halverson.

Jordan, who testified that he has filed racial discrimination and sexual harassment complaints against Halverson, now works in Family Court but is no longer a bailiff.

In her closing argument to the commission, Nash-Holmes told the panel it should not be swayed by testimony from current members of Halverson's staff who said she has "been on good behavior."

"I think it's obvious that she's had the whole eyes of this state, and certainly this jurisdiction on her since this became a discipline matter," the special prosecutor said.

Nash-Holmes told commissioners they had heard "strong and overwhelming evidence" that Halverson abuses staff and her power.

"I think that what she did for the first few months of her tenure as a judge shows what she is like as a judge," the special prosecutor argued.

Nash-Holmes discussed Halverson's treatment of Jordan, who alleged the judge regularly required him to put on her shoes, prepare her lunch and clean her chambers. Jordan testified that Halverson once asked him to massage her neck.

"You saw how he testified," Nash-Holmes said. "This man did his best to hold his composure on there. He illustrated her voice and her attitude and stuff when he had to, but he tried to be deferential, and yet he broke down crying, to the point where he couldn't even talk about some of the things that happened to him."

During Jordan's cross-examination, Commissioner Richard Wagner, a Pershing County district judge, expressed concern that Halverson appeared to be trying to intimidate the witness. Wagner, who was presiding over the hearing, asked Arrascada to question the witness from a different location in the room.

"As this witness is testifying, it appears that in fact counsel is standing right behind Judge Halverson, and in doing so it appears to be a staring contest with Judge Halverson into the eyes of this witness, not blinking at any time, with some type of an expression on her face which appears to be intended to try to intimidate this witness," Wagner said.

Arrascada urged commissioners "to end these proceedings here and now."

"New judges make mistakes," the attorney argued. "Longtime judges make mistakes, if these were truly mistakes. But the remedies are, they go up -- and I know the court disagrees with me, but remedies of mistakes go up on appeal, and they're handled that way. If every judge suffered judicial discipline because they made a mistake of law or fact or made an error in their rulings, we wouldn't have a single judge here."

In an appeal of the suspension order, filed this week with the Supreme Court, Halverson's lawyers argued that the hearing "lacked due process and was fundamentally unfair."

According to the document, the commission gave "unfettered subpoena power" to the special prosecutor but "denied the issuance of almost all subpoenas requested by Judge Halverson."

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Please enter your name Name: Please enter your email Email: Please enter a comment COMMENTS : (word count limit is 300) You have reached the maximum number of words allowed Current Word Count: WJS wrote on May 09, 2008 05:02 PM: The obesity and the incompetence are related. This is a women who knows no limits and no discipline. Nobody in her childhood or her adulthood has said "No" to her. She uses her obesity as a weapon and a shield. The fact is that as a judge she has ample health care and could have seen an endocrinologist if this were a "gland problem" (i.e. hypothyroidism) but she didn't. She's not doing this because she wants to administer justice. She took this job because she has an issue with abusive power - be it from the bench, or in her personal life. It's time for someone to stand up to her and say "NO." JC wrote on September 14, 2007 02:30 AM: Life in the US is the best in the world. A good example of this is when someone can be a court clerk for nine years and then become judge. Dan wrote on September 08, 2007 11:07 PM: Lunatics,Killers,Nukes,Iraq, and now a 1,000 pound judge. Aint life in the U.S. grand? Vicky wrote on September 08, 2007 11:05 PM: I'm surprised Bill Henderson hasn't spoken up sooner. I would be wondering how a totally incompetent person won the elction as well. Ray, the reason Bill Henderson isn't on the bench is because Nevada voters are more concerned with who is running for Governor, Mayor and Sheriff and just picks whoever sounds good for the smaller positions. I would rather cast no vote than an uninformed one and this clearly shows many uniformed voters. I am a NV Native as well and do not agree with "NV Native's" comments. Every attorney I know, even entire firms have preempted out of her Court. At around $300.00 a pop, the Supreme Court is raking it in. My informed vote went to Bill Henderson. Can we get her out now and put in Bill Henderson as it should have been from the beginning? I'm glad Bill actually made a comment. At this point, we may have to wait it out while she keeps drinking and drinking from the public trough. Mr. Apple wrote on August 19, 2007 08:29 AM: Hey Bishop.. Your wrong.. those are not all my psudeonyms... although I will tell you 2 of them are me.. . By the way.. I can assure you 100% there are more people interested in this article than you think... You are correct however that the posts are not very "judicial", as I am not judicial at all. In fact my line of work has nothing to do with the courts. So, once again Bishop, you are incorrect. I am not who you think I am...However, I do find a great deal of interest in this wonderful dirty world Court Administration and Hardcastle have created. It is like watching a bad accident. You cannot help but watch. I can hardly believe that these people are getting away with railroading this woman. But I suppose Halverson makes it easy for them. Not to mention, it is so easy to hate a fat disabled woman. Esepcially one who refuses to hide and still fights when she is kicked and trampled on and is bleeding profusely. How can one walk away... Enjoy your fun Bishop... must be great to throw stones on someone who can't really move. Bishop wrote on August 18, 2007 12:10 PM: Cement head? Perhaps. (I can live with the criticism.) But you, my dear, have been writing under several psuedonyms. I suspect that Golda, Godknows, NVNative, JudusC, and Mr. Apple are all your pen. I can think of only one person who might be interested enough in this article to make so many entries. And your entires haven't been very "judicial". Golda wrote on August 17, 2007 08:34 PM: Bishop, I was with you right up to the ridiculous point you made about Yvonne Atkinson Gates. Yvonne and Judge Lee Gates have a combined income of about 160,000 yet live in a $3-4 million mansion? And you think pointing this out makes one part of a mob mentality? And Yvonne Gate's grandson lives in a house with feces on the wall and marijuana being grown inside, and its wrong to protect that baby? You, Bishop, are in the cement-head mob. Godknows wrote on August 17, 2007 03:19 PM: Johnny Jordan. You need to pray for forgiveness. You should be ashamed of yourself. Is it really worth your soul to lie and misconstrue things just to please court administration. How will you be able to live with yourself. You claim she was racist because she told you there should be more black people at the legal events she went to? You are either extremely ignorant or trying so hard to earn your payoff. Let me help you. I can't be certain what Judge Halverson meant, but anyone with two brains in their head would understand what the Judge was concerned with. Clearly she was uncomfortable with the fact that there was not enough representation of African American(black) people in the court system/ events she attended. Regarding her comment about not being "white". Do you know Judge Halverson's background is? Perhaps there is a reason she does not consider herself "white". Her website states she is first generation Italian American. Who are you to judge what Judge Halverson may see her ethnicity as. Perhaps you and the good minister Fredrick Sherman should pray together. You both need forgiveness for your intentional targeting of another human being. I hope your payoff is worth your selling your soul to the devil. NVNative wrote on August 17, 2007 09:43 AM: The Judge fell asleep "Daily".. really Johnny. Wonder why none of the attorney's or litigants complained. The only documented complaint came from a DA. Like she is creditable. Another member of the team. Seems, like the only people who don't have these "bizarre" experiences with the Judge are people who are not connected to Court Administration and Hardcastle. LOL. Have any of you smart mouth readers read the actual court document? The DA Nash totally leads Jordon on when she is asking him questions. It is so rehearsed and laughable. She may as well as just answered the questions for him as she prompted and lead him all the way through. At every turn Halverson's attorney's object, OF course EVERY time the objection is over ruled. What a shock. NOT. Also funny to me that In the earlier court documents where Court Human resources AGAIN speak for Jordon, they never once mentioned these supposed requests to shoot Halverson's husband. Not once. hmmm... this is really all so amusing. And all you people who follow along being led like a herd of cattle, just believe this crap. Why? Because a reputable paper (LOL..NOT) like LVRJ says so? Or because a bailiff who says he did not know right from wrong regarding what a bailiff's job is. Or from someone like Spoor who is dishonest and unethical. Or, how about Hardcastle who is so full of herself and fueled by hatred and payback. How about Short and Sommermeyer who see NOTHING wrong with Spoor's behavior. LOL... What a cast of characters.. and you folks think Judge Halverson is bizarre? LOL JudusC wrote on August 17, 2007 07:31 AM: Joe, I'm a loon? Your an idiot. Maybe your not getting enough oxygen. Get your head out of your exterior so you can get some air. So, what intelligent comments do you have for others on oxygen who are not obese. What is their excuse for not being able to breathe. Tell us oh smart one. Idiot. Read All Comments