DISTRICT COURT 23

The fight for Department 23 pits incumbent and embattled District Judge Elizabeth Halverson against a Family Court judge and an attorney in private practice.

Halverson, who was elected to a two-year term in 2006, is facing a Nevada Judicial Discipline Commission complaint that she fell asleep on the bench, created a hostile work environment and communicated improperly with jurors.

"I do believe this (the accusations) is about personality, not competency," said Halverson, who earned a law degree from University of Southern California law school.

The commission is scheduled to begin hearing the complaint against Halverson on Aug. 4.

The 50-year-old judge has been suspended with pay since last summer. She denies the accusations against her.

Before being elected as a judge, Halverson was a law clerk and an attorney in private practice. She ran previously against Family Court Judge Gerald Hardcastle in 2004 but lost.

In the most recent Review-Journal Judicial Performance Evaluation survey, only 8 percent of attorneys felt Halverson should be retained.

Halverson said she is a hard worker who can juggle several trials at the same time. She said she always puts the public good ahead of her personal concerns.

Attorney Jason Landess, 62, said he has more experience than either Halverson or Stefany Miley, the other candidate in the nonpartisan race. A graduate of Loyola Law School Los Angeles, Landess worked as a prosecutor in Orange County for about 21/2 years and has about 25 years of complex litigation experience, he said.

He said he doesn't have a political agenda and doesn't want to use the judge's position to advance his political career.

"I have the motivation to do an outstanding job as a district judge and will use all the experience I have gained in the legal profession and in life to administer the law in a fair and equitable way," he said.

In 1994, Landess lost more than $2 million while playing blackjack. Several casinos sued him for unpaid markers, and he later declared bankruptcy. Landess said he no longer gambles.

"I learned a hard lesson," he said.

Miley, 37, was elected to the Family Court bench in 2004. A graduate of California Western School of Law, Miley was in private practice before being elected a Family Court judge for Department F.

Miley has received endorsements from the Police Protective Association, the Clark County Prosecutors Association, Laborers' International Union of North America Local 702 and others.

Endorsers have "given me their support knowing what I'm like as a judge," she said. "That speaks volumes."

In the same Review-Journal survey, 55 percent of respondents felt Miley should be retained.

Miley said Family Court judges deal with issues other than custody and divorce. As a judge, she has also handled tax and real estate disputes, temporary protection orders, guardianship and dependency issues.

Miley and her law partners were sued just days after she took the bench by a woman claiming malpractice. The case was settled about a year after the lawsuit was filed.

"It (the lawsuit) was ultimately dismissed with prejudice," Miley said.

Contact reporter David Kihara at dkihara@reviewjournal.com or 702-3801039.