Judge to end rocky run at Drug Court

Erica D. Johnson

Monday, July 28, 2003 | 11:04 a.m.

A judge who has been criticized for her handling of Drug Court will step down from the position next week, court officials announced this morning.

District Judge Jessie Walsh will be leaving Drug Court, allowing program founder Senior Judge Jack Lehman to take over.

Court officials said the switch was planned and came after additional funding by the state Legislature made it possible for Walsh to hear civil cases full time and for Lehman to return to run Drug Court.

Chief Judge Gene Porter, who oversees the reassignment of judges, denied that the change had anything to do with the allegations levied against Walsh.

"I can unequivocally state that it has nothing to do with that," he said.

Porter said clearing the court's backlog of civil cases was the main reason for the transition. Beginning in August, Walsh and 12 other District Court judges will focus on civil cases.

The allegations of misconduct against Walsh and the way she handled the court began surfacing a few months ago.

The American Civil Liberties Union of Nevada took sworn affidavits and intended to file a complaint against Walsh with the state Judicial Disciplinary Commission.

It was unclear if the complaint was filed. Complaints filed with the commission are sealed and people involved are prohibited from talking about them.

Gary Peck, executive director of the ACLU of Nevada, said decisions about where individual judges can best serve the court are the business of the court itself.

"This, for us, has never been personal or about personalities," he said. "We only want to do what we can to ensure that all judges follow the law and the court's own rules."

Walsh took over the court, which is a specialized program to help drug users facing criminal charges, in January. The program offers drug treatment and work programs in lieu of stiff prison sentences.

Two Las Vegas men claimed Walsh threw them in the Clark County Detention Center without a formal hearing and without having been appointed attorneys.

John McClure, 27, Gregory Robinson, 37, in May provided the American Civil Liberties Union of Nevada with sworn affidavits detailing their accusations against Walsh and said they intended to file a complaint with the Judicial Disciplinary Commission.

Neither McClure nor Robinson was a Drug Court participant, but both were at the court with a family member or friend. Walsh has denied all allegations of misconduct.

Walsh was unavailable for comment this morning, but said in the press release that she was happy Lehman would be returning to the program.

Lehman, who created the program in 1992, is expected to return to the bench Aug. 6. He is scheduled to hear cases on Wednesdays and Thursdays in Department 1.

In a press release issued by the court, Porter said Lehman's return was always in the plans, but state budget woes and Lehman's health problems prevented him from returning sooner.

Lehman had triple bypass surgery in February, officials said.

Prior to the recent legislative session, District Court had run out of money to fund senior judges. The shortfall caused two Supreme Court justices to overhear Clark County cases during district judges' absences.

Senior judges work part time. More funding for senior judges was secured during the recent Legislative session, court officials said.

Walsh has overseen more than 10,000 Drug Court hearings since she took over the program in January, she said.

"(Lehman) pioneered this program and it is his life's work," she said. "I believe it takes a very special person like Jack Lehman to embrace this program."

Lehman, who spoke to the Sun via telephone from California this morning, said he was excited to return to the program.

Lehman retired in January and was just cleared in July to return to work. He said presiding over Drug Court is a difficult but gratifying job.

"You get to see lives change," he said. "You get phone calls and letters from family members (of participants) whose lives have changed tremendously."

He said it takes a unique personality to successfully deal with Drug Court participants, who often relapse in their battle with drug addictions.

"You have to be stern and you have to really care about them," he said. "I cared about them. I got to know them."