Nevada commission reprimands judge
The Nevada Commission on Judicial Discipline has issued a public reprimand of District Judge Michelle Leavitt, who kept a woman jailed for 10 days on a contempt charge without bail or a hearing.
In a decision handed down last month, the commission wrote that Leavitt admitted she failed to comply with the law, failed to apply the law, did not “perform judicial duties competently and diligently” and was not candid with disciplinary agencies.
The reprimand came more than three years after Leavitt held Gina Dotson in contempt for borrowing a juror’s cellphone during a trial.
The incident unfolded Jan. 24, 2012, while Eugene Ross, Dotson’s son, and KC Coulter stood trial in the 2006 prostitution-related robbery and slaying of Joseph Kevin Smalley.
During a break in the case, Ross’ attorneys were trying, with help from Dotson, to contact a defense witness. Dotson, who did not have a cellphone, was worried that the witness had not been notified of a scheduling change for her to testify.
Outside Leavitt’s courtroom, Dotson approached a male juror and asked to borrow his cellphone.
Nevada law calls for an immediate hearing when a judge issues a contempt order. But at least three hearings before Leavitt were scheduled and delayed during the 10-day period while Dotson was in jail.
The contempt charge against Dotson was later dismissed by another judge.
Leavitt agreed to complete two courses at the National Judicial College in Reno and “familiarize herself with all Nevada statutes and rules of civil procedure dealing with disciplinary actions in the courtroom.” The judge finished a courtroom ethics class in October and will register for another this year.
Ross and Coulter were convicted of first-degree murder and other charges.
Contact reporter David Ferrara at dferrara@reviewjournal.com or 702-380-1039. Find him on Twitter: @randompoker
