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JUDICIAL DISCIPLINE COMMISSION: Lawyers: No judge safe

Filing critical of suspension

If the Nevada Supreme Court upholds the suspension of District Judge Elizabeth Halverson, "then no judge is safe," Halverson's lawyers underscored in documents filed Monday with the court.

It will mean that the Nevada Commission on Judicial Discipline can thwart the will of voters by kicking even the best judges out of their elected offices without just cause, Halverson's lawyers said.


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  • "Every elected jurist is at the mercy of a committee with unfettered discretion to impose an interim suspension any time a complaint is investigated whether it has merit or not," John Arrascada, one of Halverson's lawyers, wrote in a prior filing.

    The commission suspended the rookie judge in July while it investigates several allegations against her, including that she spoke to juries without attorneys present, sexually harassed her bailiff and fell asleep at the bench.

    The commission's main argument for the suspension is that Halverson "poses a substantial threat of serious harm to the public or to the administration of justice."

    Halverson has appealed, and her lawyers filed paperwork with the Supreme Court on Aug. 13 arguing that the suspension should be revoked. That filing and the commission's response, which was made public Monday, provide a look at the arguments that each side will make in a hearing slated for Sept. 13 before the state's high court.

    Neither Halverson's attorneys nor the lawyer for the commission, Dorothy Nash Holmes, would comment Monday.

    One question Halverson is raising is whether she should be punished for past deeds that no longer affect her ability to perform her elected duties. While her former staff told commissioners that Halverson called them names such as "faux Jew" and "devil incarnate," her most recent staff members, who are out of those jobs while Halverson is suspended, told commissioners Halverson treated them with respect.

    Halverson does not pose a current threat to public, and the commission's citation of unproven past allegations to suspend her serves only to punish Halverson, her lawyers argued.

    In the commission's response -- which Halverson's lawyers said missed the Supreme Court's filing deadline by two hours on Friday -- Nash Holmes said commissioners examined the "totality of circumstances" of Halverson's behavior that affected the administration of the court system, forcing the court to replace her entire staff, transfer some of her former staff for protection and deal with 54 media requests, all during a legislative session.

    The interim suspension was ordered to maintain the integrity of the judicial system for the public's protection, Nash Holmes wrote.

    "The fact the judge doesn't swear or verbally assault her current staff attests to her intentional conduct," Nash Holmes said. "The fact that Judge Halverson has been 'on good behavior' since she learned of the disciplinary investigation proves she is capable of tempering her anger and actions, but does not erase her prior conduct."

    Judge Stephen Dahl, Nevada Judges Association president, said jurists are watching the case, but there is not panic the commission will start abusing its authority.

    "It's not like they (commissioners) are out there holding hearings every day trying to suspend judges," Dahl said. "These are pretty rare circumstances."

    Halverson's attorneys are arguing that the state law that gives the commission authority to suspend judges is vague and unconstitutional. For instance, "substantial threat of serious harm" is not defined.

    There is no deadline for the commission to finish its investigation, meaning commissioners could keep her on interim suspension until after the 2008 election before making a decision to file charges.

    "I suspect the Supreme Court will not have a problem with the notion of interim suspension, but they might have a problem with the open-endedness," said Jeff Stempel, a law professor at the University of Nevada, Las Vegas.

    The commission has the authority to consider past mistakes but should consider whether she has redeemed herself, Stempel said.

    The interim suspension didn't strike him "as particularly Draconian," he said, because Halverson keeps her title and is still collecting her pay.

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    Louie Dombrowski wrote on August 28, 2007 04:48 PM: There will be no fairness, or uniformity in enforcing the rules. Judge Lee Gates is the biggest offender, when it comes to being rude and unprofessional, and not one mention of what happened to the judicial complaints filed against him by the families of murder victims he treated like sh..


    rob wrote on August 28, 2007 12:07 PM: I want you to know that I only put this in once and the website put it in 4 times


    KJ wrote on August 28, 2007 12:06 PM: If the Supreme Court lets this incompetent judge stay than at election time the voters must replace Halverson and the entire Supreme court because they would be playing politics and not protecting the public


    Ran wrote on August 28, 2007 12:03 PM: Nothing is bigger than Halverson except Halverson herself and if Nevada is 37 on the obesity list they did not count Halverson or we would be number one


    Rob wrote on August 28, 2007 12:01 PM: Oldlawdog says this is bigger than Halverson but come on, NOTHING is bigger than Halverson. In the same issue, the RJ has an article that Nevada is 37 on the obesity list. Without Halverson we would be 50th!


    oldlawdawg wrote on August 28, 2007 11:41 AM: Bill: NOTHING is as crooked as the State Bar of Nevada -- except, perhaps, the current Nevada Supreme Court.


    oldlawdawg wrote on August 28, 2007 11:36 AM: This is bigger than just Halverson. Nevada is too "political" to allow any unelected "commission" power to remove judges from the bench, even if, and perhaps especially if, that removal is subject to judicial review by the Nevada Supreme Court. Unlike "at will" employees, judges are elected and hold their jobs by consent of the governed, not by appointment and consent of the government. Unlected "commissioners" appointed by politicians with their own agenda have no legitimate claim of authority to remove elected judges without a recall vote wherein the voters vested with sole constitutional authority to place a judge on the bench decide whether the person they elected should retain his/her position. ONLY the electorate have the right to determine who sits as a judge in this State, not elected or appointed government officials, a point on which the Nevada Constitution seems clear (with the exception of vacancies). Allowing unlected "commissioners," even and perhaps especially those appointed by an elected body,to remove an elected judge is a dangerous and arrogant userpation of our inviolate franchise which should readily appear unconstitutional regardless of the brand of "interpretation" employed in order to exault form over substance. I expect my vote to count and am tired of transient "commissioners" fronting for one branch of government or another in order to accomplish the "dirty work" our elected officials cannot openly accomplish themselves. Far from exempt,our judiciary engages in such practices unlike legislative or executive agencies due to the self-proclaimed and sole judicial authority to "say what the law is" and what the constitution means. Indeed,our elected judiciary is the most powerful and least accountable group of politicians in the mix, and must be reigned over by the People rather than some unelected "commission." Our current Supreme Court is proving the danger of unbridled power.


    Bill wrote on August 28, 2007 11:09 AM: "Then no judge is safe"? How stupid of a statement is that? They shouldn't be "safe". They should be held accountable like everyone else. Leave it to Halverson's lawyers to say something lame like that. No slimy lawyer should be safe either.

    Faith, the commission is probably as crooked as the Nevada BAR.


    Candy wrote on August 28, 2007 08:30 AM: This commission should make all complaints public. The accusations against Judge Halverson are so kindergarten compared to what the other judges are doing on the bench. Manipulating the law for their well connected buddies. Lets take a closer look at what Spoor as doing. What about Mike Cherry's super bowl tickets?
    This whole thing has the appearence of a smoke screen to hide what Spoor and company was up to. Hardcastle can not stand Halverson after Halveron filed an ethics complait against the shenanigans of the Hardcastles and Judge Sandra Pomrenze.


    faith wrote on August 28, 2007 07:53 AM: This commission is extremely selective. IF and I say IF Judge Halverson has done the things she has been accused of I would say she is extremely unprofessional. This commission should take a good look at a REAL threat to this community Justice Nancy Saitta. Halverson might be unprofessional Nancy Saitta destroys lives. I urge each of you to go to your search bar and key in Anya Duke and after reading do the same with Scott Fau, or you can search under Judge Nancy Saitta. Nancy Saitta has had numerous complaints filed against her. Remember this commission is made up of their own. The actions of Nancy Saitta in both the Duke case and Fau Case are outrages.


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