Complaints made against judge

Erica D. Johnson

Wednesday, May 28, 2003 | 11:20 a.m.

Three Las Vegas men who claim District Judge Jessie Walsh unfairly threw them in jail may have set into motion their fight to ensure that disciplinary action is taken against the judge.

John McClure, 27, Gregory Robinson, 37, and a third, unnamed man have provided the local chapter of the American Civil Liberties Union with sworn affidavits detailing their accusations against Walsh, Gary Peck, executive director of the chapter, said.

"We have taken affidavits from three people who we believe have very credible stories to tell and whose rights we believe were badly violated," Peck said. "Those could certainly serve as the basis for a complaint with the Judicial Disciplinary Commission."

The men claim Walsh sentenced them to time in the Clark County Detention Center during Drug Court, over which Walsh presides, without a formal hearing and without having been appointed attorneys. Neither men was a Drug Court participant, but both were at the court with a family member or friend.

Peck declined to say whether the ACLU has filed an official complaint with the commission on the men's behalf, citing a state law that keeps confidential complaints of alleged judicial misconduct.

"The law prevents us from publicly discussing the preparation or filing of any such complaints," he said. "That law is in itself outrageous and this circumstance makes that point very persuasively."

According to the affidavits, Robinson and McClure allege they were booked into the jail on contempt charges in separate instances earlier this year.

Peck declined to comment on the allegations of the third man, saying the ACLU was still investigating his claims.

Robinson, who spoke with the Sun last week, did not confirm whether he had filed a complaint, but said Walsh should face some kind of consequence for her actions.

"I don't know her personally, or think she's a bad person," he said. "But I think she was wrong."

Chief District Court Judge Gene Porter could reassign Walsh to a different court. This morning he declined to comment on the case.

Drug Court is designed to help drug addicts avoid harsher sentences by enrolling in the twice-weekly program that requires regular treatment and testing. The Clark County program, started in 1992 by District Judge Jack Lehman, has been used as a model throughout the nation.

Walsh declined an interview with the Sun, but issued a brief statement on Tuesday through her secretary.

"The best way to get a sense of how the Drug Court program works is to come observe a session," she said. "I invite (the Sun) and the public to come see a Drug Court session. They are held each Wednesday and Thursday."

Lehman, whom Walsh replaced in January after his retirement, said the Drug Court bench is a challenging one.

"It takes a judge who can do a lot of work, stand a lot of frustration. It takes a lot to get addicts off drugs," he said. But the court has proven its effectiveness, with a recividism rate of 17 percent, compared with 80 percent among those released from prison.

David Sarnowski, general counsel for the commission, said the commission meets about four times each year to discuss alleged misconduct by judges. Its next meeting is July 13.

It often takes months for a complaint to be fully investigated once it is filed, he said. Complaints do not become public unless the charges are filed against a judge. Complaints the commission rules unwarranted are not made public.

The confidentiality protects both the judge and the complainant, Sarnowski said.

"The statute is to protect judges from inappropriate complaints," he said, adding, "Also if a judge doesn't know a complaint has been filed, they are not in the position to retaliate against the complainant."

Robinson said he was inside Wash's courtroom in March waiting for his brother-in-law, who was scheduled to make an appearance in Drug Court.

He said he was talking before the judge took the stand when a bailiff told him to shut up.

"Everyone else was talking because the court wasn't even in session yet," he said. "I told the bailiff not to talk to me like I was a little kid and told him that he should shut up."

Robinson said he was then handcuffed and forced to sit through the entire Drug Court calendar before he was brought before Walsh.

Walsh sentenced Robinson to 15 days in jail, he said.

"I tried to explain myself and apologize to the court, but the judge didn't want to hear anything I had to say," Robinson said. "She told me I was lucky because she could have given me 25 days in jail."

McClure, whose girlfriend was enrolled in Drug Court, told a similar story.

He said he was sitting outside the courtroom on Jan. 8 when a man who was also sitting in the hall made a disparaging remark about his girlfriend.

"I said (expletive) you, man, that's my girlfriend," he said. "I was pretty loud."

When asked by the bailiff, McClure admitted that he was responsible for the outburst, he said.

Before he knew it, he was being handcuffed, he said. Walsh sentenced McClure to seven days in jail, he said.

"I tried to explain myself and she told me to shut up," he said. "I was trying to tell her what happened and she didn't even give me the right to talk."

"When you're before a judge you should have the right to stand up for yourself."

McClure was booked into the Clark County Detention Center, where he was integrated into the general population, he said.

Other inmates at the jail were "dumbfounded" that McClure was in jail for talking too loudly in the hall, he said.

"They seemed pretty surprised because I don't think that happens all the time," he said. "But I did my seven days and it was over with."

According to court records, McClure was convicted of two domestic battery charges, once in 1999 and again in 2002 in Las Vegas Justice Court.

Court records show Robinson had four prior convictions in District Court, including a domestic battery charge, firearms and larceny charges.