It takes time for wheels of justice to turn against judges

In 2009, legislators asked David Sarnowski, the Nevada Judicial Discipline Commission's executive director, why it took so long for the commission to decide whether to dismiss a complaint against a judge or file formal charges.

Sarnowski said he halts investigations toward the end of every year, when the commission runs short of money. Another cause for delay was scheduling all the commissioners, who are busy people with busy calendars.

That didn't explain why a complaint filed six years ago against Family Court Judge Steven Jones has gone through so many evolutions but hasn't resulted in a formal decision to file charges. A proposed charge was submitted in July.

Because that is an issue before the Nevada Supreme Court, Sarnowski is expected to address the delay in a response he files in December.

I decided to look and see how long some high-profile cases took from start to finish.

Sarnowski said he couldn't tell me when complaints were first filed, making it impossible for me to calculate exactly how long these cases dragged out. Now, after a case becomes public and is resolved, why would the date of the first complaint remain secret?

Lucky for me, the date of the alleged offense often is known.

Some cases seemed simple and easy to resolve, yet still took years. In two of those cases, voters tossed judges out before the commission acted.

In the 2004 election, District Judge Lee Gates donated money to two judges in violation of the judicial canons. It was all there on campaign finance reports. So why did it take over four years to resolve it with an apology by the judge?

Family Court Judge Nicholas Del Vecchio was formally charged Feb. 8, 2008, and he was disciplined Nov. 6, 2008, a speedy resolution. It involved a sexual relationship with his former stepdaughter, when she was his executive assistant, and racist and sexist comments to staff and attorneys.

Commissioners removed him from the bench, concluding his behavior violated the judicial canons of ethics.

However, voters acted faster than the commission did, throwing him out in the August 2008 primary, three months before the commission acted.

Another quickie was the case against District Judge Elizabeth Halverson, elected in 2006. She was suspended from the bench in 2007 for various antics, including sleeping on the bench and abusing staff. Formal charges were filed on Jan. 7, 2008, and resolution by the commission was completed Nov. 17, 2008, after two weeks of hearings.

Again, voters gave her the boot and voted her out in the August 2007 primary, three months before the commission acted. Without the commission's actions, she would have been able to file for office again, but the commission banned her from seeking another judicial job.

The case against Justice of the Peace Tony Abbatangelo had its roots in his Nov. 12, 2008, arrest on domestic battery allegations. He was convicted Feb. 25, 2009, and the case was settled in March 2011 with a public censure and an agreement he wouldn't run for a judicial office for four years. Why the two-year delay between his misdemeanor conviction and the resolution?

Municipal Judge George Assad threatened a woman with arrest on March 31, 2003, when she showed up to explain why her boyfriend, the actual defendant, couldn't come to court. There was a transcript of his inappropriate comments. He wasn't disciplined until Feb. 8, 2007 .

The case against Judge Steven Jones recently made public by the Supreme Court opened allegations of improper and possibly corrupt behavior to scrutiny. But it also raises questions about how the Judicial Discipline Commission does its job.

Jane Ann Morrison's column appears Monday, Thursday and Saturday. Email her at Jane@reviewjournal.com or call her at 702-383-0275. She blogs at lvrj.com/blogs/Morrison.