ParfumGigi@aol.com
4 février, 2008 22:08
No Stay of Complaint Proceedings for Judge Accused of Improper Conduct
The Associated Press
02-04-2008
The Nevada Judicial Discipline Commission has rejected a request from suspended Clark County District Judge Elizabeth Halverson to stay proceedings on its 14-count complaint accusing her of improper conduct, sexual harassment and sleeping on the bench.
Halverson's attorneys also were told Thursday to respond to a commission subpoena, issued in October, to turn over documents sought by the discipline panel. The judge also was given 20 days in which to amend the formal response to the commission's complaint that she filed on Tuesday.
In the response, Halverson's lawyers said the accusations should be dismissed because she has "absolute immunity by virtue of her elected position as a Nevada district court judge."
The attorneys also said Halverson is entitled to protections under the Americans With Disabilities Act, and some of the counts against her violate the judge's federal rights "to be free from discrimination based upon an accepted qualifying disability."
Lawyers Dominic Gentile, John Arrascada and William Gamage also said the charges don't include any "allegations of severity or pervasiveness," or show any "willful or persistent failure to perform the duties of office, or habitual intemperance."
The attorneys also said the discipline panel was going beyond its jurisdiction with its complaint, which alleged, among other things, that Halverson fell asleep during three trials early last year.
The complaint also says the judge improperly talked with jurors impaneled to decide a case she was handling, sexually harassed a bailiff and harassed other employees, and improperly hired her own security guards.
The complaint also states that Halverson refused to communicate, except through a lawyer, with Chief Clark County District Judge Kathy Hardcastle about various administrative court functions.
