Judge Halverson's attorneys responded yesterday to the Complaint filed before the Judicial Disciplinary Commission. In addition to claiming that none of her bizarre and questionable actions were in violation of Nevada law, Halverson's attorneys claim that the Judge's inability to stay awake while presiding over trial (including during a criminal trial) would be a protected activity under the Americans for Disability Act.
The ABA Journal reports:
Halverson, who uses a scooter and breathes from an oxygen tank, also claims she is protected by the American With Disabilities Act. . . She also cites her First Amendment right to free speech and her 14th Amendment right to due process.
Halverson has filed a separate petition that claims the discipline commission violated her due process rights by taking too long to file a complaint against her.
The Complaint against Halverson contends she fell asleep on the bench three times, had improper conversations with deliberating jurors, made comments to the media that could have affected a pending case, tried to hack into a computer system to access other employees’ e-mails, and created a hostile work environment for court employees.
If she's allowed back on the bench, I'm sure criminal defendants will be relieved to know their judge's civil right to fall asleep during their criminal trial was protected.
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