In the Matter of the Honorable Elizabeth Halverson
17 November 2008, Nevada Commission on Judicial Discipline
The respondent was elected and made a judge of the Eighth Judicial District Court in 2006. The public file for the matter was opened on 7 January 2008 but the proceedings were side-tracked by a number of parallel proceedings commenced by the respondent against the Commission including an application (for a stay) filed in the Nevada Supreme Court, a federal court suit (for a restraining order) and a administrative complaint filed with the Federal Equal Opportunity Commission.
The complaints against the respondent included sleeping during three trials, unlawful contact with juries and false unsworn statements to the press.
The Commission ruled that subsections (c), (j) and (s) of count 5 against the respondent were proven by "clear and convincing evidence". Count 5 involved essentially allegation of mistreatment of staff and under subsection (c), it was alleged that the defendant referred to other employees in the presence of her bailiff, Johnnie Jordan, Jr., as "b*tches", "dumb f*cks" and "dumb as*". It was also alleged that the respondent gave Mr. Jordan $20 and told him to "go play with the other bailiffs" and required Mr. Jordan to massage her feet, neck and shoulders, "or some combination of those body parts". The Commission also found that the respondent yelled at other employees and used foul language.
The Commission said that the respondent's "abusive language and her proclivity to yell at those whom he believed were there to do her bidding, official and unofficial, are simply not the acts of someone with good judgment and even moderately developed interpersonal skills".
The respondent, in her "Quixotic, paranoid quest" to spar with the Chief Judge of the county, also required the Chief Judge to communicate to the respondent through the respondent's attorney. The respondent even went as far as seeking an opinion from the State Bar that the Chief Judge was acting unethically by communicating directly with the respondent when the Chief Judge knew that the respondent had instructed counsel!
The evidence also showed that the Chief Judge had to order a Court Administrator, Mr. Short, to retrieve a rolodex (apparently owned by an assistant) from the respondent. The respondent refused to hand over the rolodex (on the ground that it could be court property) and locked herself in her chambers with her "personal security officers". The incident was videotaped. The Commission also found that the respondent made a telephone report to the Las Vegas Metropolitan Police Department that an "unauthorized personnel" (apparently referring to Mr. Short!) was attempting to access her chambers.
The respondent's conduct during the hearing was also subject of much of the Commission's comments. She was routinely late for hearings and on occasions when the hearing was finished early (at her request on medical ground), she instead held prolonged press interview in the back of the courtroom. She also attempted inappropriately to subpoenaed members of judiciary including members of the Supreme Court. While she claimed that she had hundred of witnesses (some she had not even spoken with), many were not present because she did not serve them with the process.
The Commission concluded with these words
"Our findings and conclusions cover a period of time that only included the first few months of Judge Halverson's mercifully short tenure as a judge. The Commission unanimously concludes that it is a near certainty that if elected to judicial office again, Judge Halverson's behavior would once again be the subject of consideration by this Commission."
The respondent was ordered to be removed as a district judge by the Commission.
