Tough act to follow

Bill Gang

Monday, July 19, 1999 | 11:52 a.m.

Sitting in the court chambers where he has spent more than 28 years, District Judge Joseph Pavlikowski's recollections do not turn to precedents, past cases or high-minded matters of law.

Instead he tells a reporter about the time at age 14 when he was given the last rites by a Catholic priest in anticipation of his death from a burst spleen suffered during a football game.

That was 57 years ago, and the youngster who faced a premature death went on to play football on athletic scholarships at Notre Dame and St. Bonaventure universities, fly fighter jets and become one of the state's most efficient judges.

Pavlikowski officially retired at the end of June as the state's most senior district judge, but it's hard to tell. He will continue to sit on the bench full time until a replacement is appointed by the governor, probably next month.

But as Pavlikowski talked last week about his judicial career -- which spanned 32 years including four as one of the last "Marryin' Sam" justices of the peace in Las Vegas Township -- his days in judicial robes almost seemed like a footnote to his life.

It simply was what he did.

"I never minded coming to work, but at night I left my job at the courthouse -- except for those 3 a.m. search warrants I had to sign," Pavlikowski said.

"He never took on a sense of great self-importance," said veteran attorney Thomas Beatty, who was the deputy public defender during Pavlikowski's first trial in 1971 -- a robbery case that resulted in a conviction.

But the judge emphasized that he always took his job seriously and worked hard to pay attention even during boring trials. His personal rule was to treat people with respect.

"If I'm going to do the job, I'm going to do the best job I can," Pavlikowski said.

Some in the legal community have criticized the judge for putting in short work days and pressuring parties to plea bargain or settle cases rather than go to trial.

But there also are those in the legal community who will say that most of what he did, Pavlikowski did better than any other judge.

"The one thing Pavlikowski understands well," District Attorney Stewart Bell said, "is that a judge's job is to make decisions and he is willing and able to make them.

"I've never seen a situation where Pavlikowski was not in charge," Bell said. "Lawyers from outside the state would come in and think they were going to take over the courtroom. It never happened."

"I've never known a judge who controls attorneys better," agreed Chief Deputy District Attorney Bill Koot. "He's a heck of a leader without being rude. That's a tough act to follow."

"He's tough when he needs to be tough and fair when he needs to be fair," said attorney John Watkins, who was his law clerk in 1980. "He has compassion for people who deserve it."

Chief Justice Robert Rose characterized Pavlikowski as a "friendly, common-sense judge who runs a no-nonsense court, cuts to the heart of cases and forces attorneys to do that also."

"He can dispose of a court calendar faster than any trial judge I've seen," Rose said.

His morning calendar sessions, in fact, have been legendary for their speed and efficiency. Pavlikowski always has had the ability to control the tempo or rhythm of the courtroom and force lawyers and litigants to march to his beat.

It's almost as if he has an electronic drum machine behind his bench and he can crank up the beat at his whim. The courtroom seems to pulsate with the inevitably rapid beat and everyone seems to get caught up in the rhythm.

Pavlikowski has been known to call cases and begin matters before lawyers and litigants reached the defense table. They find they either catch up to his pace or the case is postponed -- sending a message that lack of preparation or a casual attitude in his courtroom is not appropriate.

"He's a very fair judge who knows how to move a calendar," said Deputy Special Public Defender Peter LaPorta, the judge's law clerk in 1989 and 1990. "Lawyers appreciate that."

"He has a thorough understanding of the law and he doesn't need debate," Koot agreed. "He's correct 99 percent of the time and that's what moves cases."

Pavlikowski said he learned shortcuts to make his courtroom more efficient without infringing on the rights of those who had to be there.

On sentencings, the judge reads the files before court and comes to court prepared to rule unless there is something new that might change his mind. And he has sent subtle messages to lawyers designed to shorten hearings.

He often has announced that he is inclined to follow the sentencing recommendation from the department of parole and probation. Usually that involves a case in which probation is recommended. The message: that the defense attorney and litigant don't need to plead for leniency.

On one day a rookie defense attorney missed the cue and started to argue. Pavlikowski interrupted him but before the judge could say anything, the prosecutor held up a hand and said with a grin, "Allow me."

The prosecutor then turned to the rookie and explained, "When you are in court and you are winning, shut up."

"He looks at the facts and looks for a fair decision," LaPorta said. "He doesn't get involved in legal hyper-technicality."

Pavlikowski's proficiency in handling his calendar stems in part from his four years as a Las Vegas justice of the peace. The JPs didn't have a salary paid by taxpayers but they were permitted to keep the income from marriages they performed.

The judge smiled as he recalled how his secretary would open the door to his courtroom and hold up a hand indicating the number of couples waiting to be wed. He would crank up the drum machine and whip through a few more court cases before taking a break to perform the marriages. Then it was back on the bench until his secretary again appeared.

That was between 1967 and 1970, and even with the marriage chapels available the JPs had plenty of business. But the lucrative pay system was repealed after a New York Times newspaper article revealed the JPs earned more money annually than the president of the United States.

Pavlikowski moved on to District Court, where he found a home for 28 years.

He came to Las Vegas in 1952 to train pilots at Nellis Air Force Base how to fly the F-86 Sabre Jets he flew in more than 100 combat missions in Korea.

In 1955 he went to work for the late U.S. Sen. Alan Bible and stayed with him until becoming a lawyer in 1961. Pavlikowski worked as a deputy city attorney in Las Vegas from 1962 to 1966.

"I've had an interesting life," he said. "My career as a judge was really fun. It never got to a point where it wasn't fun.

"But the place is getting too big," he said. "There are too many cases, too many people and the courts are overcrowded.

"It's time to get out and relax a bit," he said.

Koot lamented Pavlikowski's retirement, noting "It's more and more difficult to find judges like him."

But even after his replacement is found, Pavlikowski won't be riding into the sunset for good. He has been appointed as a senior judge and will be assigned cases in Clark County and throughout the state.

"He has served Clark County very well and I'm glad he'll be helping us as a senior judge," Rose said.

With the end of his career in sight, Pavlikowski was asked what his legacy is. "I don't think I'm leaving a legacy," he responded.

But Deputy District Attorney Daniel Ahlstrom, a former justice of the peace, disagreed. He said simply, "Pavlikowski's the best."

archive