Judge’s removal ordered

RENO -- Clark County Family Court Judge Nicholas Del Vecchio was removed from office Tuesday by the Commission on Judicial Discipline after he admitted to numerous sexual improprieties, including having sex in hotels with a staff member during working hours.

The commission's decision, effective immediately, put the eight-year judge in the company of three other Southern Nevada jurists removed from the bench since 1987.

The ruling also bars Del Vecchio from again seeking judicial office in Nevada.

It came despite the pleas of his attorney Bob Dickerson for "some compassion," in light of a stroke suffered by the judge in 2005 and accompanying memory loss.

But Mary Boetsch, special prosecutor for the commission, described Del Vecchio as a man with great sexual hunger.

"He was constantly on the prowl," she said, adding that it was "abundantly clear he has no business being a judge."

After the judgment was announced, Del Vecchio asked if he could continue to receive his salary and health care benefits until his term concludes at the end of the year.

Del Vecchio said he needed to "deal with some health issues" before his insurance runs out.

"Our order immediately removes you," said District Judge Richard Wagner of Lovelock, not answering Del Vecchio's question directly.

Because of the "egregious nature" of the actions committed by Del Vecchio, Washoe County District Judge Jerry Polaha said, he was "no longer fit to serve as a judge."

Both judges serve on the commission, although Wagner is a temporary member assigned to Del Vecchio's case.

Polaha said Del Vecchio should contact David Sarnowski, the commission's executive director, and make arrangements for removing personal items from his courthouse office in Las Vegas.

Del Vecchio earlier asked the commission to allow him to work until Dec. 10 so he could finish pending trials and use three weeks of comp time to secure treatment for medical problems.

But he also had agreed to accept and not appeal the seven-member commission's judgment.

Del Vecchio won't receive any further salary but is eligible for a portion of his judicial pension.

Kateri Cavin, operations officer of the Nevada Public Employees Benefits Program, said Del Vecchio also is eligible for COBRA, the Consolidated Omnibus Budget Reconciliation Act, for 18 months.

COBRA provides health care benefits for a limited time. He will be paying the full premium.

Del Vecchio unsuccessfully attempted to win a judge's seat seven times before he was elected in 2000.

Polaha noted that Clark County voters in the August primary election rejected Del Vecchio's bid for re-election. Candidates Vincent Ochoa and Cynthia Giuliani advanced to the general election for Family Court Department K.

Del Vecchio, 51, apologized for 11 violations of the code of judicial conduct, but added he never before had been accused of any improprieties while sitting on the bench.

He was accused in February of 38 judicial code violations in a complaint filed by Boetsch.

The first set of allegations included sexual abuse of his 14-year-old stepdaughter in the 1990s. Del Vecchio vehemently denied that charge.

On Friday, Boetsch released an amended 11-count formal statement of charges against Del Vecchio.

The charges represented a negotiated settlement with Del Vecchio that would end the need for a weeklong hearing before the commission.

None of the final charges included any mention of Del Vecchio having sex with a minor.

But he did admit to having an ongoing sexual relationship with Rebeccah Murray, his former stepdaughter, after he hired her as his judicial executive assistant in May 2002. She was then 24.

Del Vecchio said he would meet with Murray "at various hotels for sexual liaisons during working hours." She was paid her regular salary during those hotel visits.

Del Vecchio also admitted he gave Murray thousands of dollars during the time he was having sex with her.

He did not contest that after his sexual relationship with Murray ended, he no longer accommodated the flex schedule she had been given so she could attend the Boyd School of Law at the University of Nevada, Las Vegas.

"This was a person I cared about," Del Vecchio told the commission. "I loved her. We bought property together."

Other charges admitted by Del Vecchio included:

• Calling his court bailiff Richard Tamez a "lazy Mexican" and referring to Mexicans as "wetbacks."

• Discussing in graphic detail with others sexual acts between him and his ex-wife.

• Staring at the breasts of a female court employee and mimicking the speech of an African-American employee.

• Making sexually suggestive comments to Tamez about a female law clerk and telling him that a female judge "had a fine ass."

• Telling Tamez how he found some female courthouse employees especially attractive and how lucky it would be to go home to them.

Dickerson said most of the sexually suggestive comments made by Del Vecchio were said in the presence of Tamez, whom he considered a close friend.

"It was like high school days, locker room talk," Dickerson said.

Tamez and Murray quit working for Del Vecchio in May 2006.

Del Vecchio said he spoke in Italian with Tamez when he made the sexual comments about women.

Del Vecchio's lawyer, Bob Dickerson, said the commission should have "some compassion" for Del Vecchio, mentioning he had a stroke in 2005 and suffered some memory loss.

Clark County's Chief Family Court Judge Art Ritchie said Tuesday that the court probably will assign Del Vecchio's cases to a senior judge or another Family Court judge.

Ritchie said Del Vecchio is responsible for about 2,000 cases a year.

"It's always difficult when a judge faces serious accusations," Ritchie said. "We'll handle it the best way we can to make sure court business continues."

Del Vecchio only had about two months left to serve on his term. He didn't earn enough votes to advance to the general election.

Marsha Kelley, 63, said she was overjoyed to hear that Del Vecchio was removed from the bench.

Kelley had a contentious divorce case in front of Del Vecchio and she believes he was biased in favor of her ex-husband.

She filed a complaint against Del Vecchio with authorities this year.

"I believe he never should have been on the bench," she said.

While removing judges from the bench is rare, the commission has done so.

In 1987, it kicked District Judge Paul Goldman off the bench after it found him guilty of judicial misconduct.

In 1995, the Judicial Discipline Commission ousted North Las Vegas Municipal Court Judge Gary Davis, who was accused of borrowing money from court employees and endorsing political candidates.

The commission also removed Family Court Judge Fran Fine from the bench in 1998 for having ex-parte conversations, or conversations involving only one side of a case.

Fine also was accused of appointing a cousin as a mediator without disclosing the relationship.

The commission now has before it the misconduct case of suspended Clark County District Judge Elizabeth Halverson.

Halverson is accused of improperly communicating with jurors, falling asleep on the bench and mistreating staff.

The commission in August held a quasi-judicial disciplinary proceeding, conducted like a trial, to determine whether she will be removed from the bench.

The commission, which has not issued a decision, could permanently bar Halverson from serving as a judge.

Review-Journal reporter David Kihara contributed to this report. Contact Capital Bureau Chief Ed Vogel at evogel@reviewjournal.com or 775-687-3901.