LAS VEGAS(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 motorized scooter to get around _ made 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 if 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 the fall of 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 then called 911 when court
administrators tried to enter her office.
Last May, 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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