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Dec. 13, 2006
Copyright © Las Vegas Review-Journal


EDITORIAL: Improper recognition

Law school honors disgraced ex-judge

Amid heightened scrutiny of the influence of money on Nevada's judiciary, UNLV's law school has honored a disgraced former judge to thank a wealthy donor.

On Nov. 29, the Boyd Law School named a classroom for Jerry Whitehead, who resigned from the Washoe District Court bench 11 years ago and promised he would never again seek judicial election or appointment in exchange for freedom from federal prosecution.

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The $250,000 donation came from former Mandalay Resort Group counsel David Belding. Law school Dean Richard Morgan said Mr. Belding did not make the naming request a condition of his donation, but Mr. Morgan recommended the recognition anyway.

Mr. Morgan, who has done a remarkable job turning his fledgling institution into one of the country's top 100 law schools, can be forgiven for the oversight. He -- and the law school itself -- were not around when Mr. Whitehead launched an unprecedented power play to insulate himself from public scrutiny and shroud the state judiciary in secrecy.

In 1993, the Nevada Judicial Discipline Commission began investigating complaints that then-Judge Whitehead showed favoritism in cases, manipulated the court's peremptory challenge system and improperly excluded one party from a meeting regarding a case before him. Judge Whitehead asked the Nevada Supreme Court to halt the inquiry, decide the case in secret and conceal the existence of the probe.

The Supreme Court granted his request, but the Review-Journal learned of its existence and reported the nature of the investigation. A federal grand jury subsequently began its own inquiry, which led to Judge Whitehead's resignation.

Judge Whitehead's crusade brought such shame, criticism and chaos upon a divided Supreme Court that two justices decided against seeking re-election.

Other Nevada naming honors of dubious value at least took place before the honorees disgraced themselves. For example, an elementary school was named for Assemblyman Wendell Williams before his abuses of his legislative power and his city of Las Vegas job came to light, and a state park was dedicated to state Sen. Floyd Lamb prior to his downfall in a bribery scandal.

But if the Boyd Law School is willing to honor former elected officials after they've betrayed the public's trust, what's next? The Erin Kenny Hall of Distinguished Alumni? The Dario Herrera Resource Center for Law School Dropouts?

"I think it's terribly inappropriate," said Nevada Supreme Court Chief Justice Bob Rose, who was on the court during the Whitehead controversy. "The law school teaches its students ethics and to do the right thing. The law school is doing the wrong thing by honoring a former judge who was forced to leave office and brought dishonor to the Nevada court system."

Only six months ago, the Los Angeles Times reported in a three-part series that justice in Nevada is effectively for sale through re-election campaign fundraising. The state's Article 6 Commission, currently chaired by Justice Rose, was created in response to the series to suggest changes in the way Nevada judges are selected and how they raise money.

And now UNLV and the Boyd Law School have made it clear that some public misdeeds can be forgiven, provided the price is right.

Dean Morgan should remove Mr. Whitehead's name from classroom No. 203, and return the $250,000 to Mr. Belding if the donor doesn't approve. Especially to aspiring attorneys, UNLV should send a message that some favors can't be bought.


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