Complaints put spotlight on Family Court races

Bill Gang

Thursday, Oct. 22, 1998 | 11:58 a.m.

In recent years, Family Court has become more and more controversial as criticism has mounted from disgruntled litigants and unhappy lawyers. Blame often has been laid on the personalities of the six original judges and two additional judges who were added two years ago.

At its inception more than six years ago, the perception of Family Court was that it was a place where divorcing couples finally could go for their day in court and justice. But that deteriorated into an all too prevalent view that it is a place where litigants are further victimized.

In addition to divorces, Family Court handles matters from adoptions to child custody and support to juvenile crime to child neglect and abuse.

There have been complaints of inconsistency in decisions, unwarranted delays, biases and intemperate behavior on the bench. Legislative hearings earlier this year drew scores of protesters demanding reform, but there also was testimony that there has been much improvement in the court.

Although only three of the six judges' seats up for election this year are challenged, two of the three involve tainted candidates -- adding fuel to the controversies surrounding the court.

Family Court Department E Judge Fran Fine has been found guilty for the second time of unethical conduct by the state's Judicial Disciplinary Commission for involving herself in improper, one-sided conversations with parties in cases before her.

Fine also was determined to have wrongly appointed her first cousin -- a psychologist -- to evaluate a case and then held the parties involved in contempt of court when payment for the evaluation wasn't made.

In Family Court Department A, challenger James Guesman is being weighed down by his Oct. 9 conviction in Las Vegas Justice Court on a domestic battery charge of slamming his girlfriend's head against a wall. Guesman said he is appealing that conviction.

Those not facing opposition for re-election to six-year terms are Family Judges Gloria Sanchez, Steve Jones and Bob Gaston. Judge Gerald Hardcastle has only one challenger, attorney Nicholas Del Vecchio.

DEPARTMENT A

One of the six spots -- Department A -- was vacated earlier this year with the resignation of the original judge, Terrance Marren, who left under fire to take the job of city attorney in Mesquite.

The seat was refilled on April 30 with the appointment of Bill Voy, who had four challengers but won the primary election. Guesman finished second.

Voy, 39, who lives in North Las Vegas, has been an attorney in Nevada for nine years. He is a graduate of Lewis and Clark College in Portland, Ore. and Willamette University School of Law.

During the past few years, while working as a private attorney and before his judicial appointment, Voy served as an alternate North Las Vegas Municipal Court judge, a pro tempore Clark County justice of the peace and Clark County mental-commitment hearing master.

Since becoming a Family Court judge, Voy instituted a Wednesday night court session and a fast-track system for trials and decisions.

Guesman, 54, has been a lawyer for 21 of the 34 years he has resided in Nevada, with much of his practice involving domestic law. He has served as an alternate referee for child-support, paternity and domestic-violence cases.

Guesman advocates quick decisions based on common sense rather than extensive court hearings.

DEPARTMENT D

Hardcastle, one of the original six Family Court judges, is being challenged by perennial judicial candidate Nicholas Del Vecchio, who has been unsuccessful in prior runs for Family Court and Las Vegas Municipal Court seats.

Hardcastle, 52, has spent much of the last six years as a Juvenile Court judge handling criminal cases involving minors and cases of child neglect and abuse. However, he also has handled his share of domestic cases.

Hardcastle, who is married to District Judge Kathy Hardcastle, is a 1973 graduate of the University of Utah College of Law and became a Nevada lawyer a year later. He was a deputy district attorney in Clark County and district attorney in Esmeralda County before becoming a private attorney.

He received the Commissioner's Award from the U.S. Department of Health and Human Services in 1996 for his work in child-abuse and neglect-prevention programs. As juvenile judge, he formed the first juvenile drug court in the United States.

Del Vecchio, 41, a graduate of William Mitchell College of Law, has practiced family law in Nevada for 10 years and complains that there is no consistency in decisions from judges in the system.

He advocates that judges hold monthly meetings to discuss their cases with an eye toward uniformity. He also said that, if elected, he would institute a night-court program and issue temporary protective orders via the telephone to help protect people who feel they are in danger.

DEPARTMENT E

Fine, the incumbent judge in Department E, fended off three challengers to win the primary election despite defending herself on charges of unethical conduct before the Judicial Disciplinary Commission during the campaign. Her challenger is longtime Las Vegas lawyer Robert Lueck.

Fine was found guilty Oct. 7 and was removed from the bench Oct. 15. Her future as a candidate was not determined at press time.

She previously had been found guilty of violating ethical rules and fined $5,000 by the commission for having improper conduct with fellow judges over a case involving a friend.

Fine, 47, one of Family Court's original judges, is one of the most criticized judges by lawyers and community groups associated with Family Court. A graduate of Golden Gate University School of Law, Fine said she wants to continue building programs to streamline the court process.

Lueck, 50, is a 1974 graduate of Notre Dame Law School who works as a private attorney. He advocates simplifying the court's paperwork and procedures and establishing a "gang court" to deal with members of street gangs who wind up in court.

He also has advocated establishing an arbitration program for divorce cases involving only property and debt disputes.

As expected, much of his campaign focused on Fine's shortcomings.