LV lawyer may face more sanctions

Wednesday, Oct. 14, 1998 | 11:10 a.m.

CARSON CITY -- A Las Vegas attorney considered an expert in appealing the cases of death-row inmates has landed in hot water with the Nevada Supreme court for "procedural derelictions."

The court held a hearing Tuesday whether to impose further sanctions on Patricia Erickson, who has already been fined $1,500 for failing to file briefs by the deadlines in three cases.

Even though she has earned $90,000 to $100,000 annually in past years, Erickson told the court she didn't have enough money in her bank account to pay the $1,500 fine. She said she didn't dispute the penalty. "I will pay. I just need time.

"I have other responsibilities and obligations," she said.

Erickson is married to convicted killer Richard Walker, who is serving two life terms for the murder of an Arizona man in 1992 in Las Vegas. According to court records, she supports his child, her parents and an unemployed sister.

Justice Cliff Young, citing her past earnings, said it "doesn't seem that $1,500 is overwhelming." He said other lawyers who have ignored the rules have been fined up to $5,000.

Justice Bill Maupin pointed out, however, that lawyers who practice alone usually pay 50 to 55 percent of their gross income for employees and expenses. So her net income may be closer to $45,000 to $50,000.

The justices alternatively praised and criticized her. Justice Bob Rose said this was a "chronic case" of not adhering to the deadlines for submitting briefs. "When she gets to it, she does good work. But we must impress on her the wheels of justice must roll on."

Rose said, "She takes tough cases, but these must proceed in an orderly fashion."

Justice Miriam Shearing said in one case a brief was not filed for more than a year. "The court sends out orders and she ignored the orders." She said she was "appalled" when she read the record of the missed deadlines.

Young said in one case a brief was not filed for four years. Erickson said she wrote the brief but forgot to file it.

Maupin said Erickson has an expertise in handling death-penalty and first- degree murder cases that is "rare." He said he didn't want to go as far as to eliminate her from being appointed to represent indigent criminal defendants or have her case turned over to the State Bar for disciplinary action.

"You've got my attention," Erickson told the court. The procedures in her offices have been changed so she can meet deadlines. Las Vegas attorney Steve Stein, who pleaded Erickson's case, said the late filings took place in 1994 and 1995 and there haven't been any recently. Stein said it would be inappropriate to exclude her from being appointed to represent indigent criminal defendants or be disciplined by the bar.

In trying to explain her tardiness, Erickson said she spends hundreds of hours on briefs. "I don't want to give this court frivolous appeals."

Erickson got support from Federal Public Defender Franny Forsman, who said Erickson was one of a few qualified attorneys who will handle the death penalty habeas corpus petitions in federal court. "We can't attract good lawyers," Forsman said, even though the pay is $125 an hour. She refuses to hire lawyers just out of law school for these life-and-death cases.

The court will rule later if there should be additional sanctions imposed on Erickson.