Nevada Appellate Lawyer & Attorney : Tami D. Cowden : Nevada Supreme Court, Ninth Circuit Court of Appeals

Proving she still has a few tricks the sleeve of her judicial robe, Judge Elizabeth Halverson has filed a writ of mandamus with the Supreme Court of Nevada claiming she is entitled to a six year term, and should not have to run for reelection this year. Halverson claims that the additions to judicial positions for the Eighth Judicial district in 2005 in SB 195, including her own department 23, with an initial term of two years, violates Nev. Const., Article 6, § 5, setting the terms of judgeships at six years.  She's seeking to prevent the election for her seat from occurring.

Clever argument, although it does kind of suggest she despairs of winning reelection fair and square.

But I wonder if perhaps Judge Halverson considered what could happen if SB 195 were held unconstitutional.   Of course, there would be a severability argument, but couldn’t there also be strong arguments that the judicial positions created are invalid entirely or ineffective unless the election was expressly for a six yer term?  Not that such invalidation would be a  good thing, since a lot more would be at stake than her position - including two other departments.  But those arguments seem kind of obvious to me.

Don't blame Halverson's lawyers for this one.  She filed the writ pro se.

Thanks to Jon Ralston and the Las Vegas Sun for posting the writ.

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Family court Judge Nicholas Del Vecchio has responded to the Complaint filed against him by the Nevada Commission for Judicial Discipline.  

See previous posts about this judicial scandal at  Yet another judge scandal and Free lunches, trains, and other previously unknown judicial perks

I’ve not seen the response, but I’ve read a couple of reports on it.  Del Vecchio contends the relationship with his former step daughter was consensual. He notes that the Clark County  Office of Diversity concluded the judge's relationship with Murray was consensual and his conduct "did not rise to the level of sexual harassment under the law."

It's not clear, but i think the allegations about the photos taken when the accuser was 14 are brushed off as having occurred before he was a judge.

You can read the reports too:

ReviewJournal.com - News - Judge denies claim of abuse, declares ...

Judge Says He Loved Accuser, Denies Abuse - KCRA 3 News Story ...

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Somehow, I neglected to point out that the Nevada Supreme Court had denied Judge Halverson's petition for writ of prohibition, in which she had requested the disciplinary proceedings against her be dismissed. 

See Order Denying Petition for Writ of Mandamus or Prohibition for the Court's decision.

Aside from allowing the proceedings against Halverson to continue, the Court's decision also holds that  the Commission had been misreading NRS 1.4663 and 1.4667.  The Commission understood those statutes to allow the filing of formal charges only when the investigation was completed.   The court held that charges could be supplemented if additional investigation yielded additional evidence.

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The Nevada Supreme Court's Article 6 Commission voted, 18-2, to support the constitutional change that would end judicial elections in Nevada and instead, appoint state judges through a merit selection system similar to that currently used to fill mid term vacancies.  The proposed amendment , approved last year by the Nevada Assembly, must be approved by the legislature again next year, and then put to the voters in 2010.

See news reports at Supreme Court commission approves plan to change how judges are chosen (RJ)

Panel endorses plan to change how Nevadans pick judges (Nevada Appeal)

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The Nevada Supreme Court will hold a Public Administrative Meeting concerning indigent defense on Tuesday, March 18, 2008 at 3 pm. 

The meeting will held at the Supreme Court’s Courtroom in Carson City (not Reno, as I previously posted while apaprenlty brain dead!). Video conferencing will be available the Court’s courtroom in the Regional Justice Center in Las Vegas.    Click here to view the agenda.  

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The Ninth Circuit heard oral arguments at UNLV yesterday, the first time the Court has sat at the law school. The panel consisted of Chief Judge Alex Kozinski and Circuit Judges Marsha S. Berzon of San Francisco and Jay S. Bybee of Las Vegas. The arguments were held in the Thomas & Mack Moot Court Facility

 The Court heard three cases, including arguments by Federal Public Defender Franny Forsman that former Clark County commissioner Mary Kincaid-Chauncey should receive a new trial due to exclusion of witnesses offered to challenge the credibility of star prosecution witness Michael Galardi. Forsman also argued that the instructions to the jury should have required them to find Kincaid-Chauncey accepted money with the intent to vote in favor of Galardi.

The other two cases heard were Borodkin v. Omni Air International, an appeal of a summary judgment for the defense in a wrongful discharge and defamation case and another criminal matter, United States v. Flaherty.

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The Nevada Commission on Judicial Discipline filed its  Answer to Judge Halverson’s Emergency Petition for a Writ of Prohibition, or in the Alternative a Writ of Mandamus  on Tuesday.  

The Answer is a curious mix of folksy discussion and defensive posturing. In general, the lead in to the argument is a bit strident, and even sneering. I speak, of course,  as a brief writer occasionally guilty of both stridency and sneers, and have no doubt that I shall, in a brief I will write later today, refer to my opponent’s “gossamer claims,” since I quite liked that phrase.

On purely rhetorical grounds, I deplore the use of the series of self-righteous questions, appearing page 7. The indignation displayed therein is not unreasonable, of course, but such questions can all too easily put a reader on the defensive – especially questions that refer to the Court’s “admonitions” as “so general as to be impossible to comply with.” That just might be something less than persuasive to the authors of those admonitions.  

Ultimately, the Answer makes a cogent point about the risk of employment of dismissal of an action as punishment for an alleged lack of alacrity in bringing formal charges.  And certainly there can’t be any doubt that Commission has a lot on its plate, given the Del Vecchio situation.   See posts about that discipline complaint here and here.

We can only wonder what else these poor folks have to investigate.

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Del

The Complaint against Judge Vecchio has finally been posted by the Nevada Commission of Judicial Discipline. 

As expected, the details of the allegations eclipse, by far, the charges against Halverson. No footrubs, but allegedly, in addition to sexual misconduct, he forced his staff to strongarm attorneys into buying him lunch.  He also required them to buy him a train for Christmas. (On the other hand, sleeping on the bench apparently trumps sexual misconduct , as Del Vecchio has not been removed pending resolution of the charges -- see the R'J's stgory:  SEX ALLEGATIONS: Caseload could be stripped ).

Continue Reading...

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The Sun reported yesterday in Prosecutor to fill Toy Gregory’s seat on municipal court, that Cynthia Leung, a prosecutor in the City Attorney’s Office,  had been appointed to the Municipal Court judgeship left vacant by Judge Gregory’s death. Judge Leung will sit for the remainder of Judge Gregory’s term, until elections in mid-2009, at which time she could stand for election to the office.

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Who would have thought Judge Halverson would have a rival for the title of most sordid disciplinary charges?  Let’s face it, giving campaign donations to a couple of other judicial candidates just doesn’t compare to requiring staff to give foot rubs and sleeping on the bench.

Yet, amazingly, she’s  lost the title. At least the charges against her didn’t involve sexual misconduct with a stepchild. 

The R-J reported today in Clark County judge accused of sexual misconduct that the Nevada Commission for Judicial Discipline has formally charged Family Court Judge Nicholas Del Vecchio with several forms of misconduct, including sexual impropriety with a judicial assistant, racial slurs against staff members, and coercion of staff members into providing him meals and airline tickets.  According to the R-J, the judicial assistant is alleged to have been the daughter of Del Vecchio’s ex-wife. The Complaint also alleges that when she was between the ages of 14 and 16, Del Vecchio took nude photos of her and had a sexual relationship with her.  When she later worked as his judicial assistant, he required her to provide sexual favors.

Del Vecchio denies the charges.

The Complaint is not posted on the Commission’s website. However,  KLAS-TV reports the complaint included a total of 38 charges. For those keeping track, that’s 24 charges more than for the former title holder.

Del Vecchio had filed to retain his seat in Department K in the upcoming election.  He has three opponents: Ellen Bezian, Cynthia Guiliani, and Vincent Ochoa.  

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Channel 8 has nicely posted Judge Halverson’s Answer to the charges filed by the Nevada Commission on Judicial Discipline.  Answers themselves are rarely interesting, but the affirmative defenses show some creative lawyering, what with the first amendment and other constitutional claims thrown in.  The Judge also raises the American with Disabilities Act, which should make for an interest discussion of suitable accommodations for a sleepy judge. 

The Answer made the ABA's website.  Las Vegas Judge Denies Misconduct Allegations, Cites ADA

As with so many answers filed in Nevada, a number of the so called affirmative defenses aren’t actually affirmative defenses. The Nevada Supreme Court kindly defined the term recently in CCSD v. Richardson, See my post on that case here. Judge Halverson might want to review that case.

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The Eighth Judicial District’s Mental Health Court gets some positive attention in the Sun’s article A Chance At a Real Life, written by Brian Eckhouse. Kudos to Senior Judge John McGroarty, who helped create the program

The Mental Health Court takes a therapeutic, rather than punitive, approach toward the mentally ill who become enmeshed in the criminal court system. Many participants benefit from assistance in maintaining medication for the mental illness, learning to stop self-medicating with illicit substances. They are offered life-management training and, as they progress, vocational rehabilitation. 

A nice, symbolic touch mentioned in the article is the practice of pushing the plaintiff/defense tables together, so the parties sit together as a team. Aside from the success of the program for participants, a real advantage of the program is its tax-saving capability. Jailing people is expensive. The Mental Health Court spends about $13,000 per participant per year  – but jailing them would cost $36,000.

Let’s hope the success of this and similar program will encourage efforts to employ therapeutic, rather than punitive, tactics to deal with substance abuse issues in general, instead of maintaining the ruinously expensive “War on Drugs.”

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The Nevada Supreme Court denied Judge Halverson's request for a stay pending resolution of her writ petition.  See Order Denying Motion for Stay .

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Here’s the latest in the never ending saga of Judge Elizabeth Halverson. The judge has filed an Emergency Motion for Stay of Proceedings, requesting that her Emergency Petition for Writ of Prohibition or Mandamus  be resolved before she be required to answer the formal statement of charges filed by the Nevada Commission on Judicial Discipline.

You may recall that the basis of the Petition for Writ was that the Commission had failed to act with appropriate speed in bring the formal charges. Filed prior to the issuance of the formal charges, the Petition calls the delay inexcusable and asks the Supreme Court to prohibit the Commission from taking further proceedings.  Thus, there is just a touch of irony in Judge Halverson’s request that those proceedings, now formally commenced, be further delayed.

However, since the Supreme Court did order the Commission to respond to the Petition, even though by the time of that order, the formal charges had been issued, there is also a certain sense in having the issue of the writ resolved first. 

I’ll let you know how the Supreme Court rules.

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The Nevada Supreme Court will conduct a public hearing today  on the proposed rules to govern the sealing and redacting of court records in civil cases. The hearing will be held in the Carson City courtroom starting at 2:00 p.m.

The court invites written comment on the proposed rule changes. Pursuant to the court's order, the deadline for submitting written comments is December 21, 2007 at 5:00 p.m. A complete copy of the Commission on Access, Preservation and Sealing of Court Records Petition for Adoption of Proposed District Court Rule Amending the Nevada Rules of Civil Procedure is available for viewing on the Court's website.

Also on the agenda are proposed changes to Nevada Rule of Civil Procedure 16.1 in domestic relations matters. The Supreme Court Study Committee's report includes the full text of the proposed new rules and forms.

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On November 8, 2007, the Nevada Supreme Court issued three published opinions:

In Douglas Disposal v. Wee Haul, Inc, the Nevada Supreme Court, opinion by Justice Saitta,  held that regulation of construction waste collection falls within the police powers of the county government because construction waste poses public health and safety concerns. The exclusive franchise here did not violate the dormant commerce clause because it burdened interstate and intrastate commerce equally – no company, whether A Nevada company or a company from another state, other than Douglas Disposal, could haul waste within Douglas County.

In Nelson v. State, the Nevada Supreme Court, opinion by Justice Hardesty, held that NRS 484.348(3)(b), which prohibits drivers from operating a motor vehicle in such a manner as to endanger other persons or property while fleeing a police officer who has signaled for the driver to stop, is not unconstitutionally vague. The Court held that “an individual of average intelligence could easily discern whether he is endangering another person or property while fleeing a pursuing police vehicle.” 

In Staccato v. Valley Hospital, the Nevada Supreme Court, in a per curiam opinion, held that a medical expert witness need not have the same credentials or classification as the defendant medical care provider, but instead, must possesses the skill, knowledge, or experience necessary to perform or render the medical procedure or treatment being challenged as negligent. The witness’s opinion must also be such that it would assist the jury. Here, in a case alleging malpractice by a emergency room nurse, the district court improperly excluded the expert opinion of an emergency room physician, regarding the standard of care for delivery of the type of medical treatment received by Staccato.

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The Nevada Supreme Court today  upheld the interim suspension of Judge Elizabeth Halverson.  The opinion was drafted by Cheif Justice Maupin, and was unanimous among the unrecused justices.  Justices Cherry and Gobbons had voluntarilty recused themselves.

The Court rejected the claims of violations of due process violations, and challenges to the Commission's authority to impose an interim suspense.  The opinion then recounts at length the evidence presented at the Commission on Judicial Discpline's hearing, including the evidence fabvorable to Judge Halverson. 

The court concludes:

A common thread running through judicial interim suspension decisions is the need to protect the integrity of and public confidence in the judiciary.  The cumulative effect of Judge Halverson’s conduct was to seriously impair the functioning of the Eighth Judicial District Court.  Judge Halverson’s own Department 23, of course, bore the brunt of these ill effects, but the record reveals that her conduct impinged on court administration beyond simply her chambers and courtroom.  Moreover, in light of Judge Halverson’s rebuff to the three-judge committee’s offer of assistance and guidance and her refusal to tender any explanation for her behavior or assurances that it would improve, the Commission was justified in finding that Judge Halverson’s disregard of her duties under the Canons would continue.  Finally, her behavior, documented before the Commission and widely discerned within the public domain, necessarily impacted the confidence that Nevadans generally, and Clark County citizens in particular, have in their judiciary. Thus, the Commission did not abuse its discretion in determining, based on the totality of the circumstances, that Judge Halverson’s conduct rose to such a level that she posed a substantial threat of serious harm to the public and to the administration of justice, thus warranting her interim suspension.

* * *

The interim suspension of a duly elected judge is a significant matter, and such a sanction should not be imposed lightly.  Only when the Commission is satisfied that the threat posed by a judge cannot await the disposition of formal proceedings is such a powerful tool properly invoked, and the remainder of the discipline proceeding must progress with dispatch.  In this case, the Commission did not abuse its discretion in determining that the evidence before it met the required standard.  As noted by the Michigan Supreme Court, even an elected judge is entitled to sit only while he or she adheres to the position’s requirements, including compliance with the Code of Judicial Conduct.

Matter of Halverson, 123 Nev. Adv. Op. No. 48 (November 1, 2007)

 

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Lawjobs.com has the following report:

Longtime Rebel Alex Kozinski Prepares to Lead the 9th Circuit

I am pretty much as far from conservative as you can get, but this is one conservative judge whom I have no trouble respecting.  

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Briefing in In The Matter of The Hon. Elizabeth Halverson is now complete. 

See Judge Halverson’s  Supplement Brief Pursuant to 9/18/07 Order here . 

And see the Respondent's Commission of Judicial Discipline’s Supplemental Brief here  and its Appendix to Respondent's Supplemental Brief here 

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Can you have a Nevada law blog without mentioning OJ these days? 

Apparently not.

But we can keep it limited. The 8^th Judicial District has provided copies of the Declaration of Arrest and the Complaint.

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Judge Elizabeth Halverson was featured in two of the R-J's reports today:

The Supreme Court granted the Discipline Commission's request for additional briefing:  Fate of Halverson to be subject of new arguments.  

Click here for the Order  granting the Motion for Supplemental Briefing.

John L. Smith discusses Halverson's health in Maladies offer evidence against Halverson's claim she's up to the task

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Nevada Commission on Judicial Commission has requested permission for additional briefing, alleging that during argument last Thursday, Halverson raised a new constitutional claim for the first time.  The Commission requests an opportunity to brief the issue of whether the “interim suspension” statute, NRS 1.4675(3) is unconstitutional, and cannot be applied to her case since no formal charges have yet been brought.

 Click here for the motion.

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Go to  http://www.nvsupremecourt.us/info/audio/

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Starting with the arguements in In Re Discipline of Halverson, the  Supreme Court Website Will Offer Audio Files of Arguments.  

The Court anticipates the Halverson argument will be available at approximately 4 pm. 

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Oral argument in In re: Discipline of Halverson is scheduled for Thursday, September 13, at 1 pm in the Carson City Courtroom.  

Briefs in the matter are available here.

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The Nevada Supreme Court Clerk’s Office reports that it filed case number 50,000 yesterday, Aug. 13, 2007. Cases have been filed sequentially since Nevada became a state on Oct. 31, 1864, although the first case actually was not filed until 1865, according to Clerk of the Court Janette Bloom.

It took 112 years before Nevada reached the 10,000 mark in Supreme Court filings.  But filings have been much more frequent in recent years.  In fact, case numbers 40,001 through 50,000 were filed in just the last five years.  That means the Supreme Court must now handle in five years the number of cases it handled during Nevada’s first 112 years.

To cope with the workload increase, the Nevada Supreme Court expanded from its original three justices to five justices in 1967, and then to seven justices in 1999. The last increase allowed the court to sit in three-justice panels for many cases or as the full court for the most important matters.

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On Sept. 18, at 12 noon, in Courtroom 12A, the Eighth Judicial District will conduct a Bench/Bar meeting. The topic will be the proposed a mandatory settlement conference program for all civil cases not otherwise entering the arbitration, mediation and/or short trial programs. 

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In In The Matter of The Hon. Elizabeth Halverson, District Judge, County of Clark, State of Nevada, the Nevada Supreme Court denied Judge Elizabeth Halverson’s request for a stay of her suspension in her appeal of the Commission on Judicial Discipline’s action against her. The Court ordered expedited briefing of the appeal, requiring judge Halverson to submit her opening brief by 4 pm, August 13; the Commission to file it Answering Brief by 4 pm, August 24, and Judge Halverson to file her reply by 9 am,  August 28.   The Court also ordered the court Clerk to schedule oral argument before the full court, for a one hour time slot, in September.  

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In Judicial Discipline Commission: Judge's prospects evaluated , the R-J reports that Senior District Judge Charles Thompson will preside over Judge Halverson’s cases while she is on paid leave. Other senior judges may also be assigned as the suspension continues pending the completion of the investigation by the Commission on Judicial Discipline.

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Judge Betsy Gonzales heard Judge Halverson's morning calendar cases today, and will do so tomorrow.  The District Court has requested the  Administrative Of fie of the Court's to assign a senior judge to take over Judge Halverson's calendar beginning Monday, July 30.

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Effective 5 pm today, July 25, 2007, the  Nevada Commission on Judicial Discipline suspended Eighth Judicial District Judge Elizabeth Halverson, finding she "poses a substantial threat of serious harm to the public and to the administration of justice."  This finding was based on four grounds:

            1.         She lacks sufficient legal abilities to conduct criminal

2.         She failed to perform duties in an impartial manner and created a hostile work environment

            3.         She fell asleep during at least one trial.

            4.         She failed to cooperate with other judges and court administrators.  

The commission was unconvinced that other judges were “out to get” Halverson.

 
The Commission filed its 28 page order under seal; however, the Nevada Supreme Court ordered the document filed as a public document.

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In Panel endorses limiting public defender cases , the R-J reports that a commission appointed by the Nevada Supreme Court is recommending that a cap be placed on the number of cases public defenders handle.  Currently, state public defenders in Clark County average 400 felony cases, a caseload that seriously hampers their ability to provide "adequate, appropriate and competent" representation to indigent defendants.. A majority of commission members favor limiting that number to 192 per year. While proponents of the cap say it is necessary to meet ABA minimum standards, as well as fulfill constitutional obligations, dissenters say the cap is too costly.

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The R-J reported on Monday's meeting of the Nevada Supreme Court's Article 6 Commission in Buckley: Judge selection plan faces challenges.

Ty Cobb, a member of the commission identified as the father of the Aseemblyman of the same name, stated he expected the commission would support both of the constitutional resolutions (merit selection and creation of an intermediate appellate court) involving passed by the 2007 legislature.  Paula Gentile, commission co-chair, doubted that all members would supoprt merit selection.

 

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In Still on the bench: Therapist wrote: Halverson coping , the R-J discusses the comments of Judge Elizabeth Halverson’s therapist. The therapist’s statement was filed with the Judge’s Petition for Writ of Prohibition filed with the Supreme Court in the judge’s attempt prevent the Commission on Judicial Performance from conducting its suspension proceedings against her.

Those interested in the therapist’s statement, or other exhibits filed by Judge Halverson may access them here,

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In a closed session yesterday, the Nevada Commission on Judicial Discipline heard testimony regarding allegations that 8^th Judicial District Court Judge Elizabeth Halverson:

• Is "without sufficient legal abilities to conduct criminal cases," which could harm the administration of justice.

• Has failed to perform her duties impartially and diligently.

• Slept during a court proceeding on at least one occasion.

• Is biased against certain attorneys.

• Has failed to work cooperatively with other judges.

• Had failed to perform her judicial duties "promptly, efficiently and fairly."

See the stories in the RJ: Panel begins hearing on jurist  and the Sun: Witnesses testify in secret, for and against judge

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Congratulations to Elissa Cadish, who was appointed by Governor Gibbons to serve the remainder of retiring District Judge Joseph Bonaventure's term which expires in January 2009.

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The Eighth Judicial District has approved sweeping changes to the system for appointing attorneys to indigent clients in Clark County. Among the changes:

• A panel of court officers must select the mot qualified contract attorneys to form a pool of 36.

• Assignments to judges will be random, and assignments will rotate after two years.

• Contract defenders will be paid $6,000 a month (up from $3000)  and an hourly fee of $100 for jury trials.

• Hourly fee assignments will be limited.

•Court-appointed work will be randomly audited.

What remains to be decided is whether contract attorneys may delegate some of the work to associates, whether there will be limits on ratios of a publicly and privately contract work, and to what performance standards, if any, will the contract attorneys be held.

See the story in the R-J at Contract lawyer system changed

 

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The Commission on Preservation, Access and Sealing of Court Records voted unanimously against the practice of “super-sealing” court records in most cases. “Super-sealing” removes the name of the case, the docket number or any normally present identifier from the public record."  Exceptions might include cases with trade secrets, or grand jury indictments prior to arrest.

The commission was formed by the Nevada Supreme Court to study the process of sealing court records and make recommendations. Formation of the commission was prompted by a series of R-J articles about lawsuits that had been sealed.

See the story in the R-J: Panel votes to recommend against super-sealing records in most cases

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Harmful Error has the 4th part of a list showing bills with an impact on the courts from the recent Nevada lesislative, now signed by  Governor Gibbons.

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On Tuesday, Nevada Supreme Court Chief Justice William Maupin announced three nominees for the judicial seat vacated by former 8^th judicial court judge Joseph Bonaventure:

Nancy Allf
Elissa Cadish
Kathleen Paustian

Paustian and Allf were also finalists in the vacancies earlier this year.

Governor Gibbons must choose one of the three to serve until the expiration of Bonaventure’s term in 2009.

 

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 The Ninth Circuit announced yesterday that Bankruptcy Judge Bruce A. Markell has been appointed to the Ninth Circuit Bankruptcy Appellate Panel (BAP), effective August 1, 2007. The appointment has a term of seven yeas. Judge Markell is taking one of the seats to be vacated by BK Judge Phillip Brandt of Seattle and BK Judge Erithe A. Smith of Santa Ana. BJ Judge Meredith A. Jury, of Riverside, will take the other seat.

 

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Martin Hastings will be the new judge in Department 6 of the Ls Vegas Municipal Court

See the results for the municipal elections here.

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The Nevada Supreme Court has issued an order scheduling a public hearing on June 21, 2007, regarding the amendments proposed by the Justices of the Supreme Court of Nevada to the Code of Judicial Conduct. The proposed amendments prohibit fund raising by most judicial candidates, if they are unopposed.   . Written comments will be accepted until June 19, 2007.

The Court also issued an order scheduling a public hearing on the operation of the Judicial Council. There are no proposed changes; instead, the Court requests the appearance of  representatives of the Judicial Council to  respond to questions relating to the continuing viability of the Judicial Council. The hearing will June 21, 2007. If interested in participating in the hearing, notify the Clerk of the Court by 5 p.m., June 20th.

 

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Harmful Error lists the latest Nevada bills affecting the court system signed by Governor Gibbons here.

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Meanwhile, those with an H. v. H. habit can get their fix from the Sun:

Halverson cooking her own goose?

Lawyers opt out of judge's courtroom

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Court related news reports from the R-J actually involved something other than Halverson v. Hardcastle today, with a positive report on Justice of the Peace Doug Smith’s ticket handling: Judge handles tickets just fine.

However, the R-J is disdainful of proposed salary increases for the judges who handled more cases than just about any other in the country. Editorial: Meanwhile  

Perhaps the R-J should consider the thoughts expressed in “Judicial pay: Attracting the best," wherein Abner Mikva, a former federal judge commenting on congressional reuctance to raise judicial pay, notes “The real problem of inadequate judicial pay is the limits it puts on attracting judges to the bench in the first place. . . . Lawyers most appropriate for consideration as judges are at the height of their earning power in the private sector. At one time law schools were a good place to look, but even those salaries have advanced beyond the judicial levels now in existence. To ask a lawyer to go on the bench from the private sector is usually to ask that person to take a drastic reduction in earnings, as well as the other problems of living in a public fishbowl.”

While the prposed salaries of $160-170K may seem high, the reality is that good lawyers are paid much more. To put the matter in perspective, a national law firm that recently entered the Las Vegas market announced its salary for first year associates—that means 2007 law school graduates—is $130,000. There are many law firms nationally offering starting salaries of $160,000. Given that reality, raising the pay of district court judges to $160,000 and supreme court justices to $170,000 really doesn’t seem like that much of a stretch.

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Darren Mack told Washoe County District Attorney Richard Gammick  that he (Mack) had killed his estranged wife and shot Washoe District Judge Chuck Weller.  Unfortunately, Gammick hadn’t told Mack the latter’s family had already procured counsel for him.  As a result, Eight Judicial District Court Judge Douglas Herndon excluded the confession from Mack’s trial.  Also excluded were the tape recordings of the conversations between Gammick and Mack.  Nevada law requires both parties to consent to taping of phone calls are being recorded.  Mack gave no consent.   Herndon ruled in favor of the prosecution with respect to evidence seized from Mack’s condo, and also denied a request to sever the prosecutions of the two shootings.

Herndon was appointed to preside over the trial after the Washoe County judges were disqualified to preside over the trial of the man accused of shooting one of their own.

See the Reno-Gazette story: Judge: Mack confession can’t be used

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The R-J’s latest input on the continuing saga:

Jane Anne Morrison comments: Judicial commission might have a say on Halverson controversy

and an update on another of Judge Halverson’s legal pending legal matters: Deadline nears in judge's yard battle

 

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The Halverson v. Hardcastle dispute provides wonderful ammunition for supporters of merit selection of judges. John C. Smith at the R-J weighs in again today with “As justice center rumbles, the case for appointing judges grows by the day.”

 The Sun offers this editorial: Turmoil in the Courthouse.

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The change in the filing date for candidates to most judicial positions from May to January prompted a proposed change in the fund raising rules. On Friday, the Nevada Supreme Court filed a petition for a rule change to prohibit judicial candidates from soliciting and receiving contributions unless they draw a challenger. The Court will set a hearing to obtain public comment about the suggested language of the rule change.  AB 505 was not the only proposed change to the Nevada's judicial selection process considered by the legislature this session.   SJR 2 proposes a change in the constitution to switch to a merit selection system.  However, AB 505 has the advantage of offering some immediate alleviation of the campaign financing requests, whereas, the proposed constitutional amendment must not only survive this legislative session, but if approved, must passed in another session, and then be approved by voters, making reform in this decade an impossibility. 

The change in the filing date, approved by the Nevada Legislature in AB 505, was signed into law by Governor Gibbons May 18. The filing period for all non-judicial elections remains unchanged. The filing deadlines for Municipal Court judges, who face voters in different years and on different election cycles than state and county judges, were not changed.

 

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This morning, the Las Vegas Sun chimes into the discussion with "Judges step up feud, courthouse cringes."  Unlike most reports, this article looks beyond the allegation sof outrageously inappropriate conduct to the actual legal issue underlying the case: the power of a chief judge.

Over the holiday weekend, the R-J had the following reports related to this ongoing saga:

Morrison: Judge just doesn't see failure to treat people with dignity, respect.

Judge's husband has long rap sheet.

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In a refreshing change from other news, in “LV Municipal Court candidates tout experience” the R-J reports that both candidates for the Las Vegas Municipal Court judgeship seem well qualified. Martin Hastings and Lynn Avants both seek the Department 6 position.  Hastings is a private attorney, who previously worked as a prosecutor. Avants is a deputy public defender.

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Harmful Error has compiled a list of the latest bills affecting the courts