Friday, September 19, 2003
Copyright © Las Vegas Review-Journal

Panel reprimands judge in case ending in suicide

Justice of peace failed to ensure fair probation revocation hearing

CARSON CITY -- A Douglas County justice of the peace was reprimanded Thursday for improprieties during a hearing for a one-time football star and former Nevada Supreme Court justice's son who later hanged himself in jail.

The state Judicial Discipline Commission reprimanded Jim EnEarl following an investigation and hearing into the way the East Fork Township justice of the peace handled Joseph Manoukian's probation revocation hearing in May 2001.

EnEarl, a former Douglas County sheriff's captain, was accused of holding a probation revocation hearing for Manoukian, but not notifying his court-appointed attorney.

A commission prosecutor alleged EnEarl showed bias toward Manoukian, 27, wouldn't let him speak fully, considered unsworn statements and ex parte communications as evidence, and stated as a fact Manoukian didn't have a job even though Manoukian said he did.

The special prosecutor also said EnEarl conducted part of the hearing without Manoukian being present.

EnEarl's lawyer said his action amounted to a lapse of legal judgment, not ethical judgment, and added the judge's tough language was an attempt to get Manoukian to straighten out his life.

Manoukian got six months in jail for violating his probation by failing to appear at the hearing. His family said he was 15 minutes late for the session. He had been placed on probation earlier for writing $1,000 in bad checks, which his family said he had paid back.

In its four-page order, the discipline panel said EnEarl showed "impatience and intemperance that are unwarranted," and failed to "ensure that probation was revoked only after a fair hearing with counsel, not a one-sided colloquy with an unrepresented litigant."

While EnEarl might use a "tough love" approach in dealing with youthful drug offenders, commissioners said state law requires "minimal due process protections, including the right to counsel where loss of liberty is a possibility."

Manoukian had been troubled by drug use but his father, former Justice Noel Manoukian, said he was trying to clean up his life. His mother, Louise Manoukian, said her son was on antidepressants and had been battling severe depression.

The commission's reprimand was milder than many punishments it can impose. Besides reprimands, the panel can censure, fine or suspend judges, call for a public apology, block a judge's re-election bid, order training or even psychiatric counseling, or remove a judge from office.