Justices asked to lift order

CARSON CITY -- Lawyers for suspended District Judge Elizabeth Halverson want Supreme Court justices to revoke their order temporarily removing her from the bench.

The order should be lifted, they argue, because the state Judicial Discipline Commission still has not brought formal disciplinary charges against Halverson despite promises it would.

"They said they were moving at lightning speed, and lightning hasn't struck yet," John Arrascada, a Reno lawyer for Halverson, said Friday.

The Supreme Court on Thursday refused to accept the lawyers' petition to remove the Nov. 1 order suspending Halverson. Justices said the petition did not contain required affidavits and court records.

Justices gave Halverson's lawyers 10 days to submit the required information. Then the court can decide whether to lift her suspension.

Bill Gamage, Halverson's Las Vegas lawyer, said the required information will be submitted quickly.

During a hearing before the court in September, discipline commission lawyer Dorothy Nash Holmes said they were moving at "lightning speed," compared with other cases, to complete an investigation and bring formal charges against Halverson.

The executive director of the Judicial Discipline Commission could not be reached for comment Friday.

The Supreme Court unanimously upheld the commission's decision July 25 to temporarily bar Halverson from the bench for unprofessional behavior. She was accused of mistreating staff members, sleeping during trials and having illegal communication with jurors.

Justices said the commission had the authority under a 1997 rule to impose an interim suspension on Halverson even though it had not brought formal charges against the judge.

However, the Supreme Court warned Holmes and the discipline commission to quickly initiate formal disciplinary proceedings against Halverson.

They noted that unless the panel acted quickly, Halverson could remain suspended from handling cases in District Court through the November election.

The filing period for district judges for the November election begins Monday. Family Court Judge Stefany Miley indicated recently she would file for Halverson's seat.

Holmes admitted Halverson could be re-elected but not be able to serve as long as the suspension remained in effect.

Halverson continues to draw her $130,000 a year salary during the suspension.

Contact reporter Ed Vogel at evogel @reviewjournal.com or (775) 687-3901.