Charges Against Judge Miley Dropped (Likely Because She's Hot)

The Las Vegas city attorney has declined to prosecute a misdemeanor battery complaint against Judge Stefany Miley. The complaint arose out of a soccer mom fight Miley was involved in on May 19 at a soccer field in Summerlin.

The LVRJ got a look at the complaint filed by Rhonda Gold-Charbonneau:

According to the police report, Gold-Charbonneau said that Miley approached her and accused her of touching her children and talking about their family.

An argument ensued between the two women. At one point, a soccer coach unsuccessfully tried to get them to stop arguing, the incident report said.

Gold-Charbonneau alleged Miley then said, "If you ever touch my boys again," but didn't finish her sentence, according to the report.Gold-Charbonneau then contended that Miley, with a clenched fist, bumped her body into Gold-Charbonneau's, the report said.

Gold-Charbonneau asked Miley whether she wanted to fight, according to the report. "Suspect yelled 'Shut up' and she (victim) replied 'You shut up.'" The incident ended with Miley walking away, according to the report.

Sounds pretty tame to us, too tame. We were hoping for a little hair-pulling at a minimum. Needless to say, it looks like Miley lost at least one vote. Of course, she'll probably pick up a few male votes, so it's a wash.

(LVRJ)

Nevada Sixth Circuit Calling Out the Supremes?

Nevada lawyer recently did a profile of the Judges of Nevada's Sixth District and one paragraph caught our eye. Judge Richard A. Wagner was asked what one thing he would change about Nevada's legal system, and the article states his response was:

If there were one thing Wagner could change about Nevada’s legal system, it would be for the Nevada Supreme Court to recognize the separation of powers doctrine between the District and Supreme Courts. He feels that the current Nevada Supreme Court seems to be attempting to interfere by creating additional rules for the district courts.

Shazam! That's a classic shot across the bow, folks. And from a District Judge, telling the Supremes to back off. It's rare to see District Judges being so outspoken, but hell, this is Nevada. And the Sixth Circuit is old-school Nevada, encompassing Humboldt and Pershing counties, with the courthouse [pictured left] located in Lovelock. We expect Judge Wagner still rides a horse to work.

One other thing: we haven't taken Con Law yet, so we're confused about something. Is there a "separation of powers" doctrine between trial courts and appellate courts?

Monday News Roundup

On Friday, a federal jury found that apparently people do have to pay taxes, convicting Mr. Kahre and friends for using a gold coin scheme to evade taxes. (RJ)

Does being grossly obese count as contributory negligence? Louie Anderson is soon to find out (Courthouse News Service) [thanks to W for tip]

Apparently, judicial ethics do have a place in Nevada. Judge Cadish recuses herself from prosecution of Lt. Governor Krolicki case, citing potential conflict of interest. (RJ)

Dennis Kennedy [pictured left] proves that if you own the firm, there's no tie or wall decoration too tacky to have in your business profile (LV Business Press)

Is Justice to the Highest Bidder an Endagered Species?

Yesterday, the U.S. Supreme Court handed down its judicial ethics decision in Caperton, et. al. v. A.T. Massey Coal Co., Inc. (opinion available here), putting a smack down on justice to the highest bidder West Virginia-style. The majority issued the common sense holding that due process is violated when the "probability of actual bias . . . is too high to be constitutionally tolerable." Say, like when a Justice does not recuse himself from a $50 million lawsuit involving a defendant/appellant who has donated $3.1 million in direct and indirect contributions to the elected Justice's campaign in an election yea (for background on the absurd W. Wa. case, read WSJ blog here). Seems pretty reasonable: when a litigant makes massive contributions to a judicial official, the judge should recuse himself from that case.

But Chief Justice Roberts' minority opinion offers the most questions for the issue of "justice for sale" in Nevada. And by questions, we literally mean questions. Chief Justice Roberts included a list of 40 questions in his dissent (starts p. 28), which he claims the majority's opinion leaves unanswered, including the question of whether a judge must recuse herself from hearing a case litigated by an attorney who made a significant donation to the judge's campaign.

Seems particularly relevant for Nevada's judiciary, which has [at least in the recent past] turned a blind eye to questions of conflict of interest (see prior post here) and where attorneys/litigants can contribute up to $10,000 to a judge's campaign. Reached for comment on how the case would impact Nevada, State Bar President Bruce Beesley said "Judges here typically are very aware of bias . . . and try to avoid it." (RJ) Hmmm . . . what do you think readers? Do we have the squeaky-clean Silver State judiciary Mr. Beesley imagines?

In related Nevada news, this issue may soon be moot as the Nevada legislature just passed a bill calling for appointment of judicial candidates. (LV Sun)

Evil Ed Gets 3-10 Years

Elizabeth Halverson has finally won one in court, but not without leaving a few quotable statements on the record. Let's start with Ed, from SFGate:

Before he was sentenced, Edward Lee Halverson, 49, stunned a Las Vegas courtroom with a claim that he struck Elizabeth Halverson at their home Sept. 4 because his wife, who must use a scooter to get around, threatened to stab him.

"If she wouldn't have pulled a knife on me and threatened me, I wouldn't have clocked her," [Ed] Halverson said. "I defended myself."

"Clock?" Classy, Ed. We're not real current on our affirmative defenses, but we're pretty sure that it would be difficult to claim you were in imminent danger because Liz was chasing you with a knife. It would play out like the world's slowest joust.

Ironically, Liz was appearing in the same courtroom where she used to practice as a Judge (you know, the one with the reinforced stand), and she couldn't leave the courtroom without tasting her foot a little, from KVBC:

"With everything that happened, what I had left was my brain and my ability to go back and work as an attorney and produce stuff. And with this brain injury, I can't go back and do that right now."

Yeah, we're sure potential clients were lining up outside Liz's door. After all, in addition to her

disgraced dismissal from the bench, she has 9 cool years of clerking experience to offer. 

Hopefully, this is the last we will see of either of them, but we doubt it. Liz let everyone outside the courtroom know that she was appealing the Nov. 17 order by the Nevada Commission on Judicial Discipline that permanently barred her from the bench. See you soon, darling.

(KVBC, SFGate, ATL, Thanks MB!)

Of Course She is

Judge Halverson is appealing her permanent removal from the bench (decision removing her available here).

The RJ reports:

Former District Judge Elizabeth Halverson will appeal the Nevada Judicial Discipline Commission's decision to permanently remove her from the bench, her attorney said today. Attorney Michael Schwartz said he will file the appeal within 15 days.

He said Halverson wasn't surprised when she learned Monday that the commission would remove her from the bench.

I was surprised anyone would ever try to move Halverson anywhere.  Seems physically impossible.

So long, so long

I said, so long, it's been good to know ya Judge Halverson [but not really]

The RJ reports:

The Nevada Judicial Discipline Commission has removed suspended District Judge Elizabeth Halverson from the bench and prohibited her from ever serving as a judge in the state again.

In a strongly worded decision released today, the commission stated that her "antics and willful misconduct will be felt by the judicial system for a significant future period of time." 

In its decision, the commission stated that Halverson made significant legal errors while conducting her first jury trials that resulted in "significant costs to taxpayers" because her mistakes will likely result in at least one new trial.

The commission ruled that Halverson fell asleep on the bench, improperly communicated with jurors, mistreated staff and made false statements to the commission.

It also accused Halverson of refusing to cooperate with the Judicial Discipline Commission and demeaning the August hearings.

My office is currently having a debate.  The topic: who's been more embarrassing for Nevada,  Judge Halverson or Governor Gibbons?  Discuss amongst yourselves. 

Monday Roundup

If you're "urban" [re: African-American, Latino, Asian], Harrah's is willing to overcharge you for drinks, admission and ambiance at Poetry nightclub, but just isn't comfortable with you walking through its expensive mall at Caesars [allegedly] (Marketwatch)

Seriously, Judge Assad?!?  The Nevada Supreme Court already reversed your censure from when you had a woman handcuffed and jailed for just over two hours to assure her boyfriend appeared in court on traffic charges.  Did you really need to appeal the requirement that you apologize  (RJ)  [whoops Todd Phillips, maybe Judge Assad (pictured right) is the state's biggest asshole]

Love gambling, but you're frustrated that there just aren't enough teenage girls around while you do it?  You may soon be in luck in Nevada.  (Scripps News)

NV Supreme Court Candidate Pickering acts to prevent corruption . . . wait, isn't she running for judicial office in Nevada?!?

Kris Pickering, a candidate for the Nevada Supreme Court, has disclosed that the FBI and Las Vegas police have been investigating her former campaign manager, who attempted to blackmail her during her run for a seat on the state's High Court.

Las Vegas Now reports:

Back in June, Pickering heard an unusual proposal from one of her campaign managers, Gary Gray. Gray said that up to $200,000 would be put into her race for the Nevada Supreme Court, either for Pickering or against her.

If she didn't want the money to go to an opponent, Gray said, Pickering would have to agree to sign a letter removing herself from ever hearing a case involving the firm of Las Vegas lawyer Laura Fitzsimmons. 

Pickering says she was appalled but that Gray returned the next day carrying a similar letter signed eight years ago by then Justice Bob Rose.

"When we got to this point in the conversation, what he said was, ‘If you don't sign this letter, Fitzsimmons has bundled $200,000 and that will be put up against you.' I reported this to the authorities," she said.

FBI Agents and Metro Detectives began an investigation. A search warrant was served at Gary Gray's office to retrieve the letter signed by Bob Rose.

 Reporting a blackmail scheme and that former Supreme Court Justices may have been involved?!?  That's no way to win office in Nevada.  

The former campaign manager and former Supreme Court Justice Bob Rose deny the allegations.  (RJ)  What do you think readers?  Is Pickering a reformer? someone that blackmailers shouldn't fuck with?  or someone who knows how to conjure up a good publicity stunt in a state known for rampant corruption?

Midweek Roundup

Newsflash: "Judge Halverson made mistakes"  (RJ)

Meanwhile the attorneys for Endoscopy are busy arguing that they need to know how many people the 80 year old patients of Endoscopy have slept with.  (RJ)

Congratulations to Matthew Treu, who was named an associate at Bailey Kennedy.  (RJ)

In Other Fun News

Nevada Family Court Judge Frances Doherty chastised Gov. Gibbons and his soon-to-be ex-wife for failure to exchange financial information. The judge threatened to sanction the parties if the information isn't produced. (Las Vegas Now) [this could get really good if the court sanctions the Gov.]

Meanwhile, up in Washoe County, Judge Robert Perry denied the allegations that he used cocaine. (Review-Journal)

Weekend Roundup

Senior District Judge Charles McGee is in the ethical spotlight again with a potential conflict of interest, after he ruled on the property tax ballot issue on behalf of the schools and his wife was apparently a former school employee. (Review-Journal)

Judge Halverson is out of the hospital and soon to testify against her husband "Evil Ed" Halverson. (Review-Journal)

Congratulations to Linda Norcross, who was hired as an associate in the Las Vegas office of Lewis and Roca. (Review-Journal)

Meanwhile, the doctor caught with a crack pipe outside of the O.J. trial has surprisingly lost his job. (Review-Journal)

And the fun was over

The Halverson hearing has ended. It wound down on Friday with testimony from former Halverson supervisor and former District Judge Don Chairez, who stated that Halverson was an excellent lawyer who worked to raise standards of legal work in the community. (Las Vegas Now). Both sides will file written closing arguments with the Commission. (Review-Journal)

But rather than go out with a whimper, Judge Halverson managed to create controversy again on Friday when she claimed that she had subpoenaed eight District Court Judges to be witnesses and all failed to show. (Review-Journal) The attorney for the Clark County courts, Jillian Prieto, appeared and stated Halverson failed to give proper notice and was lying to the Commission.

Meanwhile, the Las Vegas Sun has attempted to add up the cost of giving Judge Halverson her due process and came up with a figure of $200,000. (Las Vegas Sun)

Because you loved his testimony in print--video of Bailiff Testifying at Halverson Hearing

Why doesn't President Bush do something about her!

Live Halverson coverage continues

You find find a link for live coverage at lasvegasnow.com.

[photo and caption courtesy of abovethelaw.com]

Halverson Day. . . um . . . 6 Recap

We didn't have much coverage of the Halverson hearing yesterday. Couldn't find a link forever. It's a shame really. The Review-Journal reports Halverson broke down in tears when testifying and that the Commission dropped 3 of the 14 charges against Halverson. (Review-Journal)

The Review-Journal reports:

At the hearing Halverson's lawyer, Michael Schwartz, argued for the dismissal of all 14 counts against her, citing a combination of legal technicalities and lack of evidence.

The commission unanimously voted to dismiss some of the charges, including some involving the creation of a hostile work environment, improperly contacting a Family Court hearing master and failing to explain written order procedures to her clerks.

And Halverson took the stand:

Her testimony Thursday was often redundant, so much so that the presiding
commissioner, District Judge Richard Wagner, frequently stopped Halverson in the
middle of her rambling answers and urged the lawyers to ask more pointed questions.

Halverson addressed many of the allegations in the commission's complaint.
One count accuses Halverson of using the term "faux Jew" in front of two of her staffers. Halverson explained she used the term as a joke in comparing the two women, one who was a devout Jew and one who was not.

And then there were the tears:

Halverson, 50, later broke into tears when testifying about finding evidence of what she called ticket fixing by her then-executive assistant, Ileen Spoor. "There were hundreds of tickets, and I thought, 'This is so inappropriate,'" she said. "I was stunned. I was devastated when I found out what was going on in my office."
When Nash Holmes asked Halverson why she cried, she said, "I didn't realize it still affected me so badly."

And she testified about the conspiracy to "get her":

Halverson testified that she found e-mails on Spoor's computer showing a conspiracy among court employees to get the media to "print nasty articles" about her.

The hearing continues today and we'll get a link up for you.

Not Ready to Say Goodbye to Jabba the Hut? Don't worry, more coverage

Some of you have written in lamenting that Judge Halverson is rolling off into the sunset after losing the election today. Don't worry folks, she will still perform for everyone at the Judiciary Disciplinary Committee hearing. The Review-Journal says the hearing continues Thursday at 10 a.m. (Review-Journal)

Meanwhile, across the county, gossip blog readers lament Halverson's defeat. Abovethelaw.com has gone so far as announcing this defeat spells "the day legal comedy died". (Abovethelaw.com)

Voting and Halverson news--GET OUT THERE AND VOTE

Hey everyone, get out there and vote today. This is your chance to save the Nevada Judicial Disciplinary Committee the effort and simply vote the fattest, most embarrassing judge on the planet out of office. (Review-Journal)

So, get out there and vote Halverson out of office!

Meanwhile, the country is waiting with baited breath for the Halverson hearings to resume after the Disciplinary Committee halted the proceedings because Halverson has a gylcemic episode [i.e. she's too fat to operate] (Review-Journal)

Save them the trouble. Go vote her out of office!

Halverson Hearing Day 5 (dear God, she's not removed from office yet)

Breaking News: Judge Halverson just suffered a "hypoglycemic" event after testifying and the hearing has been suspended until after lunch. [I'm not a licensed physician, but I think "hypoglycemic" is defined as "having physical problems because you let yourself get sooooo fat] They will resume if she feels better. (Las Vegas Now)

If the hearings resume, you see a live feed on Las Vegas Now's website.

Yesterday, Halverson painted herself as the victim of too much attention from her Bailiff. (Review-Journal) She claimed "He tried to insist on putting them (slippers) on and off. We had fight after fight after fight about them because I told him repeatedly, 'I don't need you to put them on and off,'" she said. Halverson then attempted to show that she was being criticized for trying to break up a conspiracy where judges commonly referred traffic ticket matters to attorneys. (Review-Journal)

Today, Halverson named the witnesses she will call to testify at her disciplinary hearing next week, including Nevada Supreme Court Justice Michael Cherry and District Judge Michelle Leavitt. (Review-Journal) [uh, seriously. she can call a Supreme Court Justice? clearly this is too much due process]

Some highlights from Halverson's hearing today (via the commenter at Abovethelaw.com who has been blogging minute to minute through the entire hearing):

• Halverson views a violation of the 4th Amendment as "an assault" (link);
• Halverson claims that her Bailiff Jonnie Jordan told her he did not want to leave her court and later that he wanted to come back (link);
• she denies Judge Bell told her to stay away from Jordan (link);
• she did not require that Mr. Jordan heat and serve her meals (link);
• she never yelled at the Jordan (comment 274), never yelled that her water was not cold enough (comment 275) and never required him to clean the link off her robe (comment 277) (link);
• she says that Jordan is a liar (link);
• she never ordered Jordan to give her a foot rub. The Bailiff tried to rub her foot once and she said “Jonnie what are you doing? I said this is inappropriate" and made him stop. (link);
• she doesn't recall calling her husband names when talking about him to other employees, never called Spoor an idiot and never called Kathy Struber the devil incarnate. (link);
• she denies Judge Cherry talked to her about being civil to her employees, denies telling Lisa Carroll she was a faux Jew and "sort of" called Ken Pollack a faux Jew. (link)

By the way, if you'd like to read her most recent petition to the Nevada Supreme Court to halt the Disciplinary Hearing, you can find the petition and the Supreme Court's denial here.

Reader's comments on Halverson

If you read a lot of blogs, you learn that the best material usually appears in the comments section.

This is definitely true over at Abovethelaw.com. They recently put a post up about the Halverson hearing and received the following comments:

Comment #11 went a satirical route:

(AP) Las Vegas - District court chief judge Elizabeth Halverson died earlier today during a court room proceeding to remove her from the bench, literally. Judge Halversons Rascal wheelchair (4 volt model) became lodged in the courtroom bench cutting off her air cable and leading to her eventual asphyxiation. The coroners office will need to confirm specific details, but courtroom observers say they saw her "binging on Barbecue Fritos, Vienna sausages, and Juji Fruits," and "filling her face with Hot Pockets, Twizzlers, and Twinkies" before driving up to the bench. Upon parking her Rascal, she continued to binge. At some point it appears she choked off her oxygen cable and began to struggle.

Unable to unwedge her trunk-like thighs from the bench, courtroom staff were unable to remove the oxygen line blockage. Judge Halverson was declared dead upon arrival of the paramedics . . .

And potentially new Halverson news from Comment #251:

“Why isn't someone contacting some of her former co-workers at the IRS? I used to work with Elizabeth LaMacchia (Halverson) at the IRS in San Mateo, Ca., and she was an obnoxious person with everyone ( taxpayers, representatives and co-workers.). “Elizabeth resented anyone that was slender, pretty and married.

Elisabeth forced a number of female co-workers to constantly escort her to the restroom on a so called afternoon break . She constantly intimidated CPAs and enrolled agents with her California Bar Association Membership Card; constantly insulted management and anyone with authority; made male co-workers prepare her lunch and "fetch" water for her on a daily basis, and "openly" harassed new trainees assigned to her by the manager. “Elisabeth made everyone at work suffer for what she perceived as "weight discrimination "by the by the IRS, when they refused to hire her as an attorney.

After observing Elisabeth for years as a co-worker, I can believe she used her position as a judge to get even with anyone that crossed her path. “This is one
"jackpot" Las Vegas can keep!”

All in all, this hearing is turning out to be as absurd as everyone thought it could be.

[hat tip to SG for finding the comment]