Fate of Halverson to be subject of new arguments

The Nevada Supreme Court's decision on whether to overturn the suspension of District Judge Elizabeth Halverson won't be published anytime soon.

Justices granted the Nevada Commission on Judicial Discipline's request on Tuesday to accept additional written arguments on the constitutionality of commissioners' interim suspension of Halverson.

The commission's special counsel, Dorothy Nash Holmes, requested the opportunity to brief the high court on an argument Halverson's attorneys brought up for the first time before the court last week.

Halverson's argument is that the suspension is unconstitutional because no formal charges have been filed and there is no formal proceeding pending against her.

"There has to be a proceeding, and no proceeding was conducted," Halverson attorney John Arrascada told justices.

He described as vague the Nevada statute that states the commission can suspend a judge with pay "pending a final determination in a judicial disciplinary proceeding."

The commission placed Halverson on an interim suspension in July after a closed-door hearing. Commissioners found she posed a substantial threat to the public and the administration of justice and ordered the suspension, pending the completion of the commission's investigation and decision to file formal charges.

In her emergency request, Holmes said the commission was put at a disadvantage when it was "blind-sided" by Halverson's new theory and had no opportunity to research and respond.

The Supreme Court's order requests a brief from Halverson by 4 p.m. Monday, addressing her argument. The commission has until 4 p.m. Sept. 28 to respond.

Bill Gang, court spokesman, said justices won't issue a decision on the appeal until the issues in those briefs are well considered, which he said could take a couple of weeks to a couple of months.