Lawsuit: Change election of judges

CARSON CITY -- Embattled Clark County District Judge Elizabeth Halverson wants the Nevada Supreme Court to nullify the scheduled November election for her seat on the grounds she still has four years remaining on her term.

Halverson is about to ask justices to order Secretary of State Ross Miller and Clark County Registrar of Voters Larry Lomax to remove from the ballot the election for her Department 23 seat and three other judge seats.

In the lawsuit, Halverson, acting as her own lawyer, argues that the 2005 state law creating these seats and setting their term length at two years was unconstitutional. It states that under the state constitution, the length of judicial terms is six years and these terms do not expire until 2012.

Halverson is facing a June hearing by the Judicial Discipline Commission over allegations about her court conduct, and could be removed from office.

The Supreme Court had not received the lawsuit by late Friday, but Chief Deputy Secretary of State Matt Griffin said Miller and Lomax had been served copies of the litigation. He made copies available to the Review-Journal.

Griffin said he thought Halverson mailed the lawsuit to the Supreme Court office in Carson City.

Halverson did not respond to a telephone or an e-mail message seeking comment.

In the lawsuit, Halverson states that judicial candidates were not made aware that the terms were for two years until the filing period began on May 1, 2006. She said the public did not know of the change until the election in November 2006.

But at least one news story in the Review-Journal discussed the change.

Legislators created two-year terms for new judge seats as a way to eventually ensure all judges receive pay increases at the same time.

Under the state constitution, pay increases may not be granted to judges and other public officials during their terms of office. The officials must be re-elected before they can receive pay increases.

That means some newly elected judges have received higher pay than their colleagues who have been on the bench longer.

In creating new seats, legislators are trying to set up a system where all judges are elected at the same time.

District judges elected in November of this year will receive pay of $160,000 a year, up $30,000.

Although technically there is an unequal pay system, judges and Supreme Court justices have found a clever way to get around the constitution.

With legislative approval, judges receiving lower pay have been given a bonus to bring them up to the level of their colleagues if they serve on "library commissions."

Halverson's lawsuit may be unnecessary since the state Judicial Discipline Commission in June could remove her from office.

The commission has scheduled a hearing to check into allegations that she slept during trials, mistreated staff members and held illegal communications with jurors.

Halverson has denied the allegations.

On Nov. 1, the Supreme Court upheld a decision by the Judicial Discipline Commission to temporarily bar Halverson from her duties. She has been on an interim suspension with pay since July.

Halverson filed for re-election in January.

Contact Capital Bureau reporter Sean Whaley at swhaley@reviewjournal.com or 775-687-3900.