Judge steps into legal fight as child welfare cases await
December 16, 2011 - 6:28 pm
Chief District Judge Jennifer Togliatti has stepped into a feud between Family Court Judge Steven Jones and the district attorney's office, a conflict that has left the lives of foster children hanging in the balance during the holidays.
To prevent more delays in child welfare cases in Family Court, Togliatti issued a verbal administrative order Thursday evening allowing a hearing master under Jones to let two whistle-blowing deputy district attorneys handle cases in her courtroom.
Jones, 53, had banned the two deputies, Michelle Edwards and Janne Hanrahan, from his courtroom, accusing them of "inappropriate and unprofessional behavior." The deputies had exposed a budding romantic relationship between the judge and another prosecutor who handled cases before Jones. The prosecutor, Lisa Willardson, 43, was fired this week.
Earlier Thursday, the hearing master, Brigid Duffy, banned Edwards from appearing before her, concluding Jones' order extended to her courtroom because she answers to the judge. But Togliatti made it clear that Jones' conflict with the deputies wasn't Duffy's, and Duffy was free to let the deputies practice before her.
Duffy's ban had created an uproar among child advocates because it caused delays of one to two weeks in the 34 cases before her that day, jeopardizing the chances of some children finding a home for the holidays or spending time with relatives. The district attorney's office forced the issue by not sending a prosecutor to replace Edwards.
Longtime child advocate Donna Coleman lashed out at authorities for not looking out for the interests of the children, laying most of the blame on Jones and his order. She called for Jones' removal from child welfare cases.
On Friday, Barbara Buckley, executive director of the Legal Aid Center of Southern Nevada, weighed in on the rift, saying it has created "chaos in the courtroom" and needs to be resolved quickly.
"These children are innocent victims of abuse and neglect," said Buckley, whose organization plays a big role in children's issues in Family Court. "They deserve to have their cases and their problems resolved quickly, whether it's seeing a brother or sister during the holidays, whether it's getting reunited with their families or whether their adoption is on track."
Togliatti will preside at a hearing Tuesday on a motion by District Attorney David Roger to disqualify Jones from a child welfare case because of his "personal bias" against Roger's two whistle-blowing deputies. The court filing amounts to a test case on whether Jones has compromised his ability to make decisions on child welfare matters involving the district attorney's office.
Jones has been preparing his written response. He has criticized Roger for condoning the actions of the deputies.
Edwards and Hanrahan had given supervisors a clandestine photo taken of Willardson and Jones appearing cozy with each other at a public function.
The photo raised concerns within the district attorney's office that the relationship invited a professional conflict of interest for both Willardson and Jones. Before her firing, Willardson was removed from handling child abuse and neglect cases in front of Jones.
Willardson said in an email Thursday that Roger's allegations are "factually incorrect." She contends she was removed from the child welfare unit before she struck up a relationship with Jones.