In the shadows
It's no secret that District Judge Elizabeth Halverson, in barely six months on the bench, has been the subject of controversy regarding her competence.
Among the allegations against her: bizarre and harassing behavior toward courtroom staff; illegal communications with jurors in two child molestation cases; allowing personal bodyguards to violate courthouse security protocols; falling asleep in court; rejecting the guidance of senior judges and refusing to work with her elected peers; and conducting herself in an improperly biased manner.
However, now that these accusations have landed her in front of the Nevada Commission on Judicial Discipline, her problems have effectively been declared top secret. A Monday meeting of the commission, which has the power to remove Judge Halverson from office, was held behind closed doors to hear testimony and consider evidence against her.
Judge Halverson was there. So were some of her accusers and defenders. But no one else was allowed inside. And everyone who testified Monday was subject to a gag order that prevents them from discussing the hearing with anyone.
Even if the commission decides to place Judge Halverson on a paid interim suspension, the details of that ruling also will be kept from the public.
Such secrecy is mandated by law to provide a security blanket for judges' reputations. In fact, these secret hearings will only cause additional damage to Judge Halverson's name, because voters won't be able to hear her defense.
If a member of the public is accused of breaking the law, arrest reports and witness affidavits are public record. Anyone can learn of the charges against a suspect long before the case is resolved with a conviction, acquittal, dismissal or plea bargain.
Judges should be no different. If these elected officials are accused of wrongdoing serious enough to compromise justice and warrant an inquiry by the state, voters should be able to learn about the allegations immediately. The Commission on Judicial Discipline shouldn't be allowed to weigh the merits of a complaint in the shadows.
