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Judge
Allegedly Napped, Made Bailiff Rub Her Back
Associated Press
CNN.com
May 9, 2008
LAS VEGAS, Nevada
(AP) -- Elizabeth Halverson is a judge.
But the way courthouse staffers see it, she expects to be treated
like a queen.
Her former
bailiff, for example, says Halverson made him feel like a
"houseboy." He says the judge -- who is obese and uses a
Judge Elizabeth Halverson will face hearings
motorized scooter to get
around -- made
next month by a judicial discipline panel.
him put her shoes on her feet, massage her back, cover her with a
blanket for naps and make sure her oxygen tank was filled. He says
she asked him, "Do you want to worship me from near or afar?"
Halverson
also surrounded herself with her own hired guards, saying she did
not trust the courthouse security force to protect her. Another
time, she allegedly had her husband sworn in so that she could ask
him under oath whether he had completed chores at home.
Since
then, the 50-year-old Nevada district judge has been locked out of
her Las Vegas courtroom, suspended from the bench and brought up on
judicial-misconduct charges that include not only misusing her
position and treating her staff like personal valets but also
tainting juries and falling asleep on the bench.
Nevada's
judicial discipline commission is preparing for a week of open
hearings next month that could put an end to Halverson's career.
Many
lawyers are unwilling to talk publicly about the case because of the
powerful figures involved, but expect the proceedings to be
entertaining, to say the least.
Halverson
denies the allegations.
"We
believe the Judicial Discipline Commission has overreached," said
her attorney, John Arrascada. "It's apparent that some people
believe her physical appearance somehow makes her unable to perform
her duties as a judge." He added, "Last time I checked, being a
judge doesn't require a beauty contest."
Halverson
holds a law degree from the University of Southern California and
worked as a law clerk in the state court for nine years before she
was elected to the bench in fall 2006. She handled civil and
criminal cases alike.
When the
bailiff who complained about her, Johnnie Jordan Jr., was
reassigned, Halverson hired her own guards and let them bypass
security checks at the courthouse. She called 911 when court
administrators tried to enter her office.
In May
2007, the chief Clark County District Court judge, Kathy Hardcastle,
locked her out of her courtroom. The following July, six months
after Halverson was sworn in, the commission suspended her, accusing
her among other things of creating a hostile work environment,
hiring a technician to try to hack into the courthouse computer
system, and causing mistrials in two sexual assault cases by
improperly meeting with jurors.
The
commission declared that she posed "a substantial threat to the
public or to the administration of justice."
The case
is laden with subplots. Hardcastle dismissed Halverson as a law
clerk in 2004, saying that such a position is typically a short-time
job and that it was time Halverson moved on. Halverson then mounted
an unsuccessful bid for Family Court judge against Hardcastle's
husband.
Hardcastle
has insisted her actions against Halverson weren't personal.
Jeffrey
Stempel, a law professor at the University of Nevada, Las Vegas,
said he is troubled by what appears to be an attempt to
"micromanage" a judge.
"Judicial
removal should generally be reserved for corruption and complete
incompetence or inability to do the job," Stempel said. "One
question you have to ask is, `Is this judge so bad we have to remove
her before the voters have a chance to do so?' "
Dayvid
Figler, a defense lawyer, said he had no complaints after trying
cases in Halverson's courtroom.
"In
fairness, she believes she's fighting the fight of a maverick,"
Figler said. "I think her position is, 'Why should I be another cog
in the machine? Isn't it what the voters elected me to do, bring
change?' "
Amid the
hullabaloo, Halverson has filed for re-election in August to a
six-year term and is soliciting contributions on her Web site. But
she has also filed a request to stop the election, claiming that the
Legislature unconstitutionally changed the procedures. She continues
to draw her $130,000-a-year salary.
Halverson
did not respond to an interview request. A shirtless man who
answered the door at her home pointed to a "no trespassing" sign and
ordered a reporter off the property. The yard is clean these days,
after the city cited Halverson for leaving it strewn with junk and
letting the water in her pool grow murky and stagnant.
In
documents denying the allegations, Halverson has blamed disgruntled
employees and vindictive colleagues.
She has
submitted a report from a therapist who diagnosed her with an
adjustment disorder, anxiety and depression. And she produced a
letter from her physician, Dr. Michael Jacobs, who said she is
diabetic, uses a wheelchair because of arthritis in her feet and
knees, and needs oxygen to counteract the effects of sleep apnea.
Jacobs said a drop in blood
sugar may have caused a brief episode in which she fell asleep in
court. But he said there is no physical reason Halverson cannot be
an effective judge.
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