An attorney’s past judicial campaigns have been marked by controversy. He’s running again.

In 2018, his opponent, now-Justice of the Peace Elana Graham, unearthed a 1998 case in which Leavitt was accused of hitting a roadside flagger — an allegation he denies — and ultimately pleaded guilty to a misdemeanor reckless driving charge.

After he lost that election, police said they were called to his law office in January 2019 when he shot himself in the chest.

Then, during the 2022 election cycle, an interview Leavitt gave to the Las Vegas Review-Journal resulted in him being interviewed by Metropolitan Police Department detectives. Editors had interpreted comments he made about the murder of investigative reporter Jeff German as a potential threat.

Now, Leavitt is running again for an open seat in Department 4 of Las Vegas Justice Court. If elected, he would be a judge in a busy court that functions as the entry point for most criminal cases and also hears a high volume of evictions and small claims suits. He said in his responses to the Review-Journal’s voter questionnaire that he believes in embracing technology and also wants the court to address eviction and homelessness.

It’s a crowded race — Leavitt has four opponents — but this time, he may have a shot at winning.

“I’m not sure if I’m qualified for anything else,” Leavitt, 62, said when asked why he wants to be a judge. “I don’t know if I could get a job being a Walmart greeter.”

In a later interview, he tried to clarify that statement.

“That was simply what I thought was just a comment, a fun comment to stress how qualified I was for this position but actually being serious because I don’t have any other skills,” he said.

Family connection?

Leavitt served on the Nevada Board of Regents for 12 years and worked on the creation of UNLV’s medical school. He’s been a lawyer for over 30 years and said his practice focuses on criminal defense, though he’s been semi-retired about five years.

“No one in this race has done close to what I’ve done in the community,” Leavitt said. “I mean, it’s not even close.”

Las Vegas Justice Court records show that Leavitt has only had three criminal cases in the court this year. He said he’s had around 15 cases overall this year but had “one of the three or four busiest criminal practices in Las Vegas” in the past.

The Las Vegas legal community has other Leavitts, including District Judge Michelle Leavitt and her daughter Madilyn “Leavitt” Cole, a prosecutor running for a different Justice Court seat.

Cole said James Dean Leavitt is not related to her family, but she thinks he implies that he is “because of the contributions and the well-known nature of my family in this community.”

But Leavitt said he’s “99 percent certain” they share a common ancestor, either his great-great grandfather or great-great-great grandfather. He said he has never tried to take advantage of the connection.

“I think a lot of the local Leavitts here have benefited from what I’ve done in the community and on the Board of Regents, so to characterize it the other way I think is really unfortunate,” he said.

A crowded field

Luke McCarthy, an executive board member of the International Association of Firefighters Local 1908, which represents Clark County firefighters, said Leavitt is the only judicial candidate for an open seat to whom his union has not offered an endorsement interview in almost 20 years. The union has endorsed Suzan Baucum.

This election cycle, Leavitt hasn’t sought endorsements or raised money. On his most recent state campaign finance filing, he reported only a $150 expense under the category for filing declarations or acceptances of candidacy.

His opponents are also experienced. Baucum was a longtime justice of the peace before she lost her seat in the 2022 election. Hilary Heap is a prosecutor who touts her trial experience. Jessica Smith-Peterson is a public defender for outlying courts. And Holly Stoberski has heard cases as a judge pro tem in Justice Court since 2011.

The gender dynamics may benefit Leavitt, who filed to enter the race on July 26, the last possible day.

“For Justice Court Department 4, where Leavitt is the only male in the race with four female candidates, gender-based voting could play a role, with male voters potentially gravitating toward him while the female vote is divided,” said Tom Letizia, a veteran political consultant who was Leavitt’s campaign manager in 2018 and represents Stoberski this cycle.

Baucum and Heap declined to comment for this story. Stoberski said she wants to run a positive campaign. Smith-Peterson did not respond to requests for comment.

Heap said she was declining to comment because she was concerned for the safety of others in the courthouse if she were to do so.

“I have no idea what she’s referencing,” Leavitt said.

Past controversies

On Sept. 9, 2022, Leavitt brought up German’s murder during a Review-Journal interview.

Then-Clark County Public Administrator Robert Telles had fatally stabbed German a week earlier.

“What he did was sick and offensive, but it’s serious, right?” Leavitt said at the time. “You guys need to report the news fairly is what I’m trying to tell you, and you guys didn’t do that with me four years ago.”

Leavitt was interviewed by Metro detectives, but prosecutors determined he had not committed a crime.

“The comment was misinterpreted and (I) wish I could take it back,” he said this month.

An older controversy became part of the 2018 race when Graham publicized Leavitt’s 1998 reckless driving charge that led to a yearlong suspension of his license.

Prosecutors said at a sentencing hearing that Leavitt had made an offer: “Wouldn’t a hundred dollars and a handshake just make this all go away?”

“He tried to circumvent the very system he is asking our community to entrust him to uphold,” Graham said in 2018. “This conduct is completely unbecoming of a judicial candidate.”

Leavitt recently denied hitting the flagger or making such an offer. But the offer “would’ve been an appropriate thing to do,” he said.

Leavitt’s loss of that race was followed by weeks in a psychiatric ward, Leavitt has said, after police discovered him in his office with what a report described as a self-inflicted gunshot wound to his chest.

Leavitt said the incident “was an accidental discharge of a weapon” but added, “I was contemplating suicide when the gun went off.”

He said he’s had no issues since then and feels he has the temperament necessary to be a judge. Depression is a “lifelong challenge,” he said, but he’s found exercise and counseling to be helpful.

Leavitt has his fans.

Robert Lawson, a defense investigator, thinks Leavitt cares about people.

“Mental health shouldn’t disbar you from serving,” he said.

Robert Kilroy, a former chief of staff and special counsel for the regents, said Leavitt represented him for free and helped negotiate a settlement when Kilroy resigned from his position.

Kilroy said he thinks Leavitt is qualified and would be a fair judge.

Like anyone, Leavitt “has faced difficulties,” said Letizia, adding that it’s up to voters to weigh his challenges and public service contributions and make a decision.

If you’re thinking about suicide, or are worried about a loved one or friend, help is available 24/7 by calling or texting the Lifeline network at 988. Live chat is available at 988lifeline.org. Additionally, the Crisis Text Line is a free, national service available 24/7. Text HOME to 741741.

Contact Noble Brigham at nbrigham@reviewjournal.com. Follow @BrighamNoble on X.