Amid controversies, judge gets low rating

Clark County District Court made headlines over the past year, and nearly every time Chief Judge Kathy Hardcastle was there -- for better or for worse.

Whether it was the story about campaign cash for courthouse favors, the one about lucrative contracts for defense attorneys, the one about sealing civil disputes for the rich and famous or the drama about the courthouse eviction of an out-of-bounds judge with an attitude and an oxygen tank, Hardcastle was there with an uncompromising, take-no-prisoners approach.

Whether pushing her own priorities or representing those of other judges, the chief judge has taken some unpopular positions, has overseen a courthouse that officials say is overwhelmed by growth, and, according to a recent survey of Clark County attorneys, has forged her fair share of foes along the way.

In the Review-Journal's recent 2008 Judicial Performance Evaluation, 46 percent of 305 attorneys who responded to questions about Hardcastle said she should not be retained as judge. Of the 24 District Court judges, only three scored worse; departing Judge Lee Gates, Judge Jessie Walsh and the disgraced Judge Elizabeth Halverson.

District Court judges, during a closed-door meeting, choose a chief judge once every two years to oversee operation of the courts. Hardcastle is expected to step down this year after four years in the post.

Assemblyman Bernie Anderson, D-Sparks, the chairman of the Assembly Judiciary Committee, said Hardcastle is representative of the unrest he has seen for years among Southern Nevada's judges as they fuss and feud over funding and other issues before his committee.

"Judge Hardcastle does foster that 'my way or the highway' way of thinking, and it's reflective of the discord between the judges in Family Court and the judges from the general jurisdiction courts," Anderson said.

Hardcastle did not respond last month to requests for an interview, but departing District Court Judge Stewart Bell, who previously served as the Clark County district attorney, said Hardcastle works hard as chief judge.

"Kathy takes her responsibility seriously and tries hard to make the courts the best that they can be," Bell said.

In the Judging the Judges survey, Clark County attorneys anonymously rated judges based on their knowledge of the law, biases displayed and the operation of their courtroom. Some lawyers also provided comments about judges, some more colorful than others.

Attorneys rate each judge on 12 factors as "more than adequate," "adequate" or "less than adequate." More than a third of attorneys rated Hardcastle less than adequate on seven of the 12 factors. In the other five areas, approximately one in five attorneys rated her less than adequate.

And, the negative comments outnumber the positive comments 47 to 14. Also, nine comments offered a backhanded compliment or a response with some good and bad.

Some of the negative comments included the following:

• "A conceited, mean-spirited legal lightweight who tries to cover up her lack of knowledge with arrogance. She makes no effort to conceal her favoritism for certain lawyers and her contempt for others. A real jerk!!!!"

• "She more than adequately rules in favor of herself."

• "Needs to learn that, even though she may be the chief judge, she cannot run the 8th District Court like a dictatorship. She is often unprepared. She is almost always rude to the point of being downright nasty."

• "She has the charm of a crocodile."

Most of the positive comments echoed short sentiments, such as "A great judge" and "Best judge in Clark County" and "tough lady," but others were more substantial.

• "She's harsh but she has made good decisions in the cases I have taken in front of her. I've won and lost in front of her. She's fair and I think she's honestly trying to do a good job. I mean that as a big compliment. A person could be assigned to a much worse judge."

• "Handles a tough job -- chief judge -- very well. Can you imagine the egos she has to deal with? Yet, things run pretty smoothly. Deserves a lot of credit."

Attorneys criticized Hardcastle for her efforts to remove Halverson, a troubled freshman judge who upset her staff, acted inappropriately with jurors and baffled attorneys with her rulings and rude remarks.

The attorneys said the chief judge overstepped her authority.

One attorney wrote, "As bizarre as Halverson was (is) Hardcastle's initial handling of the matter left a lot to be desired from the standpoint of judicial due process."

Hardcastle, in the past year as chief judge, also opposed measures that now prohibit judges from sealing civil cases at their discretion, and she upset court officials when she appointed judges to choose attorneys for indigent defendants after the Supreme Court said it's inappropriate for judges to select them.

Her action did not directly violate the high court's ruling, except perhaps in spirit, because she beat a deadline for ending that practice.

Anderson, the lawmaker who authored the legislation Hardcastle opposed last year, said Clark County judges are a diverse, stubborn group.

Hardcastle's iron-hand approach might be necessary to quell unrest, he said, but her unwillingness to compromise divides judges who should work together to solve issues that are pressing in response to Las Vegas' explosive growth.

"It is part of who she is. She is a tough person. She is not a pushover," Anderson said of the chief judge. "In comparison to her two predecessors, she is much more black-and-white in terms of what needs to be done and what our (Clark County District Court) position is."

Contact reporter Frank Geary at fgeary@reviewjournal.com or 702-383-0277.