Judge won’t enforce decision by fellow judge in family court case

Three months after Family Court Judge Vincent Ochoa was removed from a custody case, another judge has decided his trial decision will not be enforced.

At a Sept. 8 hearing, Family Court Judge Cheryl Moss said she had read Ochoa’s 27-page decision in the child custody case involving Monique and Randy Miller.

“Worthy effort, but I do find that there might be some inconsistencies with the findings,” Moss said.

Moss made the comment after granting Randy Miller’s motion for a new trial. Because Monique Miller had not filed a written opposition to the motion, the judge said it “should be granted summarily.”

“Basically, we’re back to square one,” Moss said.

District Judge Elizabeth Gonzalez disqualified Ochoa from hearing the case in June, after concluding that a March quarrel between Ochoa and his election opponent, Jason Stoffel, had created “the appearance of impropriety.”

The incident, which has been recounted in dozens of pages of court documents in the Miller case, occurred on the night of March 6 at Champs bar in Ely during a State Bar of Nevada family law convention.

After the public spat, Stoffel prepared an affidavit in support of a motion to disqualify Ochoa in all cases involving Roberts Stoffel Family Law Group.

The motion was filed in the Miller custody case. Stoffel’s wife and business partner, Amanda Roberts, represents Randy Miller.

According to the motion, the Ely incident happened after the trial in the Miller case but before Ochoa had rendered a decision.

“Attorney Amanda Roberts is of the opinion that Judge Ochoa showed bias in his written opinion resulting from the fact his seat is being challenged by Mr. Stoffel,” according to the motion.

Ochoa was elected to the Department S seat in 2010. The judge was disqualified only from hearing the Miller case, not from hearing all cases involving Roberts and Stoffel.

Gonzalez concluded that “the nature of the interaction in Ely creates the appearance of impropriety and causes the judge’s impartiality to be reasonably questioned from the date of that interaction forward.”

Despite her ruling, Gonzalez noted that she has “full confidence” in Ochoa’s ability to act impartially. She also reviewed Ochoa’s draft order in the custody case, prepared before the Ely incident, as well as his final order before concluding “that no substantive change adverse to” Randy Miller had occurred.

The case was reassigned to Moss, who scheduled a new trial for April 1 and April 2.

Monique Miller was represented by a lawyer at trial, but she represented herself at the September hearing in Moss’ courtroom.

The Millers were divorced in 2009 in Missouri and have three minor children.

After a custody trial in January, Ochoa ruled that Monique Miller would continue to have primary physical custody of the children. He also made findings about visitation and child support.

Contact reporter Carri Geer Thevenot at cgeer@reviewjournal.com or 702-384-8710. Find her on Twitter: @CarriGeer.