When judges go bad
Part of the public's fixation with embattled District Judge Elizabeth Halverson stems from the fact that she's about 150 pounds heavier than the largest lineman on the Arizona Cardinals.
But let's be honest: While her weight makes her different and, perhaps, a less sympathetic character, it is her behavior -- first and foremost -- that has put her in the news. Those who seek to dismiss or diminish the many allegations of misconduct against Halverson based on the fantasy that her obesity targeted her for discipline -- or quicker discipline -- only serve to distract from an important community issue: What do you do when a judge goes bad?
Let's think about it. An elected judge is suspended by the Nevada Commission on Judicial Discipline, an esoteric, appointed body that makes sure judges behave themselves.
The commission could have spent a year trying to untie the gnarly Halverson complaints. Instead, they rightly cut through them all by suspending her with pay. In doing this, the commission quickly protected the public while, at the same time, keeping her financially whole pending a full airing of the complaints against her.
Even laymen with little more than the morning's news as a guide could see that something was dreadfully amiss with Halverson.
For example, consider the portion of the commission's complaint that says she initiated "improper contact" with at least two criminal juries. Halverson even dined privately with jurors in the courtroom during the course a trial -- "an event unheard of as far as the commissioners participating in this case are aware."
This astonishing event alone shows that Halverson, as a District Court judge, is one McNugget short of a Happy Meal. Juries are not dining partners for judges. I can't believe I had to write that.
Now, some think the lesson of the Halverson mess is to appoint, instead of elect, judges. They may have a case. My take is that the Nevada Commission on Judicial Discipline is a righteous check in the state's justice system.
Here's the truth: Judges have a god-like job, but they are human, and humans have frailties. While we ought to expect the best in judges, it's wise to be ready to deal with disappointment. Appointed or elected, judges can get into just as much trouble as the next guy.
Judges can, and do, get hooked on any combination of sex, gambling, booze and drugs.
Judges can, and do, suffer messy divorces and even messier child custody disputes.
Judges can, and do, dig themselves into debt and suffer all the problems and stresses that come with it.
Judges can, and do, forget what it is to treat people with dignity -- even with those who work for them.
Judges can, and do, go very, very wrong.
The question is, when that happens, will people who care about our system of justice and know of a judge's misconduct look the other way? Or will they do what is right?
I'm rooting for bravery, because you can bet that Halverson isn't the only Nevada judge -- past, present or future -- with serious problems. The silver lining in all of this is that given a complaint of serious misconduct, the Nevada Commission on Judicial Discipline has shown it can do its job with dispatch.
And that's good, because from the Nevada Supreme Court to Mesquite traffic court, weeding the judicial garden, I am afraid, should be a full-time job.
Sherman Frederick is publisher of the Las Vegas Review-Journal and president of Stephens Media. Readers may write him at sfrederick@ reviewjournal.com.
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