Special prosecutors have been assigned to review a misdemeanor charge of domestic battery against Clark County District Judge Stefany Miley, officials said Tuesday.
County spokesman Erik Pappa wrote in an email that officials had “obtained the assistance of the Nye County District Attorney’s Office to review the case for screening and prosecution if appropriate.”
Miley had been expected to appear in Las Vegas Municipal Court on Tuesday in connection with her arrest Dec. 22. But criminal defense lawyer David Chesnoff said city prosecutors did not have jurisdiction in the case.
A Municipal Court clerk said the case had been referred to the county.
On Tuesday, the case was wiped from the Municipal Court website. And there was no record of charges against the judge on the Las Vegas Justice Court website.
Clark County District Attorney Steve Wolfson has said his office recused itself from the case. A spokeswoman for Nevada Attorney General Aaron Ford said Tuesday that his office declined a referral from Wolfson’s office.
Nye County District Attorney Chris Arabia said his office received the case late last week to determine whether charges would be filed by special prosecutors.
“We are going to review everything carefully, and then we are going to make the appropriate determination,” Arabia said.
Chesnoff said he learned Tuesday that the special prosecutors had been assigned.
“I look forward to working with them,” he said, “and I’m confident that they have an open mind.”
Miley, 48, was charged after her son said the two quarreled about his driving on Charleston Boulevard while inside her gray, four-door 2017 Lexus.
The judge’s son told police that they were headed to her home last month when he drove through a yellow light at the intersection of Charleston and Canyon Pointe, “causing Stefany to become very upset with him,” a police report said.
During the quarrel, the teen told police, “he called her multiple names, which caused her to become even more upset.”
He said that she slapped his face and “continued to hit him for what he believed to be approximately two minutes before she finally stopped.”
When they reached the judge’s home, the quarrel continued, but she allowed him to pick up his belongings and leave with his father, attorney Edward Miley. The judge and her 51-year-old husband are in the midst of a divorce.
One of Edward Miley’s lawyers and friends, Bruce Gale, called police after reading a text message the teen sent to his father.
The teen refused medical treatment and police photographs of his injuries.
Miley has served on the bench since 2005.