Halverson cooking her own goose?

Sam Skolnik

Monday, June 4, 2007 | 7:05 a.m.

In her Supreme Court tussle with Chief District Judge Kathy Hardcastle, District Judge Elizabeth Halverson is arguing that Hardcastle had no right to banish her from the courthouse - that only the Nevada Commission on Judicial Discipline has that authority.

That argument could backfire.

The commission has begun an investigation into Halverson's conduct, several people familiar with the allegations against her say. Such a probe could eventually lead to the judge's permanent removal.

Ongoing commission investigations into allegedly wayward judges are kept under tight wraps. Those interviewed by commission investigators are legally compelled not to talk as the probe moves forward.

But three people contacted by the Sun who are knowledgeable about the case are hinting that a commission investigation has been ongoing for weeks - and that the agency also may have already issued Halverson an interim order of suspension.

These types of orders are rare, said David Sarnowski, the commission's general counsel and executive director. Sarnowski said that by law, he could not comment on any possible investigation of Halverson.

Interim suspension orders can occur after a complaint has been filed with the commission and a decision has been made to investigate, and when, according to state law, the commission determines that, pending a completed investigation, "the justice or judge poses a substantial threat of serious harm to the public or to the administration of justice."

Such orders are kept private until and unless the commission takes the case public and files formal charges. The judge can appeal the interim order and remain on the bench until the appeal is heard.

Halverson did not return a call for comment. Her attorney, Bill Gamage, declined to comment on any matter regarding the commission.

In recent months Halverson has been repeatedly accused of acting abusively toward her court staff. She has also allegedly behaved improperly while on the bench by repeatedly falling asleep, talking to jurors outside the presence of the lawyers in one case, berating attorneys who were attempting to educate her about proper trial procedure and stating that she was biased against certain attorneys "because they never gave me any money for my campaign."

Hardcastle, who in court papers described Halverson's behavior as "seemingly volatile, angry, paranoid and bizarre," convened a committee of three veteran District Court judges to speak with Halverson, took all criminal cases away from her, and eventually, after Halverson hired private bodyguards who bypassed normal courthouse security procedures, kicked her out of the courthouse.

Halverson filed a complaint with the state Supreme Court that Hardcastle exceeded her bounds, and on May 17 the high court allowed Halverson back into the Regional Justice Center, temporarily at least, while it reviews the case.

In addition to censuring, suspending and ultimately removing judges from office, the discipline commission can order judges not to seek judicial office ever again, fine the judges, order training or seek psychological or psychiatric care.

In the past decade the commission has removed two judges and told three others that they could never run or be appointed to a judgeship again.

According to state law, the commission may remove a judge from office if it finds that the judge knowingly or deliberately violated at least one of the provisions of the Nevada Code of Judicial Conduct.

The code mandates that judges are to act "impartially and diligently," and that they "shall be patient, dignified and courteous to litigants, jurors, witnesses, lawyers and others with whom the judge deals in an official capacity."

When the commission decides to investigate a misconduct allegation, Sarnowski said it hires a private investigating firm to conduct the actual probe.

The firm that the commission most often works with is Reno-based Advantage Group. it employs six private investigators, including a couple who work out of Las Vegas, said Frank Torres, its president.

Torres, who also said he couldn't comment on any possible ongoing investigations, said his investigators typically start with the person who drafted the complaint. Then they go from there, depending on where the investigation takes them. The judge is often the last person they talk to, he said.

Investigations can take anywhere from two to more than 30 days, Torres said. Once finished, the investigators write a report that is sent to the commission for review.

If the commission determines there is sufficient cause to proceed, the judge is asked to respond. Then, if the commission finds reason to go forward, a formal, public hearing is held.

That has not happened in Halverson's case. Based on previous cases, it could take months to get to that stage.

Assuming a probe is under way, investigators likely would be turning to several of Halverson's former staff, many of whom quit since she took the bench in January. Each of those former staffers - including law clerk Lisa Carroll, judicial executive assistant Ileen Spoor, bailiff Johnny Jordan, court recorder Dick Kangas and court clerk Kathy Streuber - either declined comment or could not be reached. Both Hardcastle and Chuck Short, the District Court's chief executive officer, declined comment.