Judge told not to aid spouse’s campaign

Friday, Oct. 29, 2004 | 11:02 a.m.

CARSON CITY -- A judge in Clark County should not be helping her husband's campaign seeking re-election to the Family Court bench, a state committee says.

The Standing Committee on Judicial Ethics and Election Practices on Thursday told Clark County Family Court Judge Gerald Hardcastle that he had an obligation to try to prevent his wife, District Court Chief Judge Kathy Hardcastle, from handing out campaign literature for him, from sitting at his campaign table and from taking any other action "which may give the appearance of endorsing" her husband's candidacy.

One of the judicial canons in Nevada precludes judges from endorsing another candidate and from soliciting funds for a candidate, and Elizabeth Halverson, Gerald Hardcastle's challenger for the Department D Family Court judgeship, had complained about the Hardcastles' campaign tactics.

The committee conducted a hearing on the allegation and found that Kathy Hardcastle had handed out election brochures for her husband and sat at his campaign table at several events.

The commission found "no evidence that Kathy Hardcastle spoke on behalf of Gerald Hardcastle or in opposition to Ms. Halverson at these events," the decision signed by Kathleen M. Paustian, vice chairwoman, noted.

In its decision, the committee, which operates under the Nevada Commission on Judicial Discipline, said Gerald Hardcastle has "an ongoing duty to encourage" his wife to comply with the canons of judicial behavior.

Halverson also complained Kathy violated the canons that preclude judges from endorsing another candidate and soliciting campaign contributions.

"Testimony and evidence at the hearing on Oct. 26 indicated Kathy Hardcastle had distributed invitations for a fundraiser for her husband to other judges at the Clark County courthouse.

"The evidence indicated that not all those who attend judicial fundraisers make contributions," the committee said. "Thus the evidence did not support a finding that Judge Kathy Hardcastle was soliciting funds" for her husband by distributing the invitations to his fundraiser.

The committee also dismissed the allegation that Gerald violated the canons by allowing Sandra Pomrenze, a candidate for Family Court judge in Department E, and her representatives to distribute the promotional bags of Hardcastle and to put her own literature in these plastic bags.

"The evidence showed the bags are used by voters as a matter of convenience to hold the campaign literature of any number of candidates at forums and other events," said the committee.