Spat in LV Municipal Court presages struggle to determine chief judge

Judicial infighting has erupted again in Las Vegas Municipal Court, pitting Chief Judge Bert Brown against Judge George Assad.

The cause is Shakespearean in nature: To videotape or not to videotape, that is the question.

Assad is the only judge in Municipal Court who refuses to videotape the hearings in his court and relies on an audio record.

He says it's to protect witnesses such as police officers and abuse and stalking victims from showing up on the Internet.

But Brown believes videotapes provide a more complete record of what goes on in the misdemeanor court. He told Assad to videotape his hearings.

When Assad refused, Brown asked the Commission on Judicial Discipline for its opinion, a pretty dramatic move. He didn't file a complaint, but he did seek advice.

David Sarnowski, general counsel and executive director of the commission, essentially told Brown judges can do whatever they please in their courtrooms to preserve the court record: a court reporter, audio only or video.

Doesn't sound like a real big deal, until you read the e-mail exchange that revealed hostility, even contempt between the judges.

The six Las Vegas municipal judges are split into two factions.

In one corner are Brown and Judges Cedric Kerns and Cynthia Leung.

And in the other corner, Judges Assad, Betsy Kolkoski and Martin Hastings.

The latest brouhaha began in November when Kerns wrote Brown and, without mentioning Assad, said attorneys had told him that there were problems with records coming out of Municipal Court.

By the end of that same day, Brown "recommended" that all judges turn on their video equipment when recording because at that time, not every judge was doing so.

Six months later, on April 23, Brown sent a pointed e-mail to Assad, asking why he was the only judge not videotaping.

Brown said video provides a cleaner record of what happens and shows nonverbal actions not captured by audiotape.

"I can't think of any reason why you would not capture video," Brown wrote. "It has been suggested that it is to hide something. Why would you allow yourself to be subject to such speculation?"

This time he didn't recommend. He asked Assad to use the video or explain why by the end of the next week. Assad didn't reply.

On May 13, Brown asked again. "I've asked you to explain why you have not, but like usual, I have had no response."

Not using the video, Brown said, "may be considered an ethical problem." Brown vowed to "report your non use of video to the Judicial Ethics Commission" if Assad didn't start using the video in one week.

Assad answered within an hour, saying he had just received Brown's "threat to notify the 'Judicial Ethics Commission' for not using video recordings in Dept. 3. Perhaps you are referring to the Commission on Judicial Discipline." (Point to Assad.)

Assad explained that witness safety concerns are the basis for his audio preference.

The next day, Brown thanked Assad for responding. "You may call it a threat, but as can be seen by our prior communications, a similar request typically gets no response from you."

Then he wrote that Assad's reasoning doesn't make sense because there is a button to "exclude witness" on the video system and that handles Assad's concerns. (Point to Brown.)

Bottom line: It's up to the individual judge whether to use video. (Point to Assad.)

News outlets, which always come down on the side of more open access to the courts, prefer to have video. Video picks up nuance that audio and transcripts do not. (Point to Brown.)

The 2004 video of Family Court Hearing Master Judge Sylvia Beller ordering a 16-year-old to remove his offensive T-shirt and then his belt, causing his pants to fall down, is an example of video telling a tale better than audio.

Conflict in Municipal Court has prevailed for the past 12 years, flaring up in a regular basis. But the latest dispute erupted just before the June 24 election of a new chief judge.

Lady Luck is likely to decide who the new chief judge will be -- Judge Betsy Kolkoski or Judge Cedric Kerns -- because a 3-3 tie seems likely.

More about infighting and who will be chief judge in Saturday's column.

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