No accountability
Just last week, we lamented the plodding, secret operations of the Nevada Judicial Discipline Commission. The state body charged with investigating and punishing judges for wrongdoing faces no public scrutiny, and therefore has no outside forces demanding urgency and accountability. The commission’s seven part-time members hand out justice on their schedule, regardless of whether a matter calls for immediate attention.
These practices have Clark County District Court judges and administrators red-faced in frustration, as District Judge Elizabeth Halverson, who has spent barely six months on the bench after being elected in November, continues to wield her power in ways that have serious consequences for justice.
Claims that Judge Halverson has mistreated her staff are of minor concern at this point. Far more serious are accusations of improper communications.
On two occasions, Judge Halverson spoke to criminal juries outside the presence of attorneys. One of those errors forced prosecutors to offer a defendant a plea bargain on a lesser charge. And on Friday, the Review-Journal reported that Judge Halverson called Family Court Hearing Master Sylvia Beller about two months ago to provide her with information she should not have known regarding a child support case before her.
Thomas Cecrle, who owes more than $40,000 to ex-wife Mary McElhattan, had previously appeared before Judge Halverson on drug-related charges. Exactly what Judge Halverson told Ms. Beller hasn’t been disclosed, but it was enough to compel Ms. Beller to recuse herself from Cecrle’s child support case.
Ms. Beller called the situation a “nightmare.” The resulting delays have prolonged the case for Ms. McElhattan, prompting her to complain, “Accountability? There is none.”
Especially not where the Judicial Discipline Commission is concerned. These allegations could warrant the removal of Judge Halverson from office, but no one will officially confirm whether the commission is investigating her. Even if voters bounce her from the bench in next year’s elections, how many more cases might she compromise by then?
The Judicial Discipline Commission should be able to prioritize its work and act with dispatch when a judge’s conduct justifies it. The allegations against Judge Halverson certainly demand an expedited inquiry and open hearing.
In the interest of sparing the public further injustice, the commission needs to get off its collective duff and conclude any investigations it has undertaken regarding Judge Halverson by the end of this summer.
Further delays will be inexcusable.