SUN ENDORSEMENTS:

Candidates show promise of boosting the reputation of District Court bench

Sunday, Oct. 12, 2008 | 2:06 a.m.

Some voters may cast a jaundiced eye at the long list of judicial races on the ballot in the wake of the ethical mess surrounding Judge Elizabeth Halverson, who was elected in 2006.

But as the Halverson case demonstrates, voters can prevent problems on the bench by paying attention to the races and making informed decisions. Halverson was ousted in the primary this year.

On the general election ballot, there are 10 contested District Court races in Clark County, with several new faces running for office.

In the race for District Court, Department 6, Judge Elissa Cadish is running for retention. She was appointed to the bench last year and brought experience, a sharp mind and a deep sense of professionalism and dedication to the bench. She has earned a full term on the bench and should be retained. The Sun endorses Elissa Cadish.

Linda Marie Bell is running to replace her father, retiring Judge Stewart Bell, in Department 7. A member of the federal public defender’s office, Bell has experience in the courts. She displays an even temperament and a strong understanding of the law. She has the ability to be as good a judge as the father she’s trying to replace. The Sun endorses Linda Marie Bell.

Las Vegas Justice of the Peace Doug Smith is running for District Court, Department 8. Smith has more than a dozen years of experience on the bench and understands the law and the court system. The Sun endorses Doug Smith.

Longtime prosecutor William “Bill” Kephart is challenging Judge Jessie Walsh in Department 10. An experienced trial attorney, Kephart knows the courts inside and out and has the knowledge and ability to do the job. We believe he is the best candidate in the race. The Sun endorses William “Bill” Kephart.

District Judge Michelle Leavitt is running for reelection, completing her first term in Department 12. Leavitt now has nine years on the bench, having spent three years as a Municipal Court judge before being appointed to District Court in 2002. Later that year she was retained by the voters. She has proved herself well, having handled several high-profile trials with the skill of the seasoned judge that she has become. The Sun endorses Michelle Leavitt.

Judge Donald Mosley is running for his fifth full term in Department 14 and is a good judge who handles his criminal calendar well. Considering the relative youth of the District Court bench, Clark County cannot afford to lose Mosley’s experience. The Sun endorses Donald Mosley.

Judge Michael Villani was appointed to Department 17 in March 2007 and quickly worked to clear a backlog of cases and speed up the time it takes to hear and decide cases in his court. Beyond his efficiency, Villani has earned a reputation as a skillful, knowledgeable and hardworking judge. He is the clear pick in this race. The Sun endorses Michael Villani.

Judge Susan Johnson, who was elected to Department 22 to a two-year term in 2006, has shown herself to be a capable, bright and energetic judge. She also has worked to improve courtroom efficiency. She is the obvious choice. The Sun endorses Susan Johnson.

Judge Stefany Miley, who has been on the Family Court bench nearly four years, is running for the open seat in District Court’s Department 23. Miley shows a clear understanding of the law and the role of a judge. She is the best candidate in the race. The Sun endorses Stefany Miley.

The race for Department 25 features two skilled and experienced attorneys, Kathleen Delaney and Susan Scann, who both say the public would be well served with either one of them in office. We agree and wish they were in different races. However, we believe Delaney is the better of the two. We have known her for a long time because she is the daughter of the late Sun entertainment columnist Joe Delaney. She has well-rounded experience, having worked as a corporate attorney on the Strip and now as a prosecutor in the Nevada Attorney General’s office. She has good ideas about improving the court system and a passion for the law. The Sun endorses Kathleen Delaney.

Discussion: 8 comments so far…

By lasvegaseyes

10/12/08 at 7:48 a.m.

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Voters never made a mistake with Judge Halverson. They got it right. It was Kathy Hardcastle, Chuck Short and Ileen Spoor who decided Halverson did not fit into their club.

Did not take much for Kathy Hardcastle to call in a few favors and run good media smear campaign with her buddy, and Editor Fredericks at the Las Vegas Review Journal.

Did not take much to garner a good amount of hatered for a 500 lb disabled woman who against all odds reached people and shared her dream only to live in a nightmare created by those who felt she did not fit in.

Endorsing Stephany Miley is perfect. Ms. Miley fits right in. She is slim, dumb, unethical as evidenced by her underhanded dealing in her and her husbands law firm (Of course she has gotten the cases where they were sued for malpractice sealed). Miley is crooked, and a cookie cutter bimbo who rated so low as a family court judge. But then again, she is very tight with the good ole Chief Judge Kathy Hardcastle.. what a surpirse... NOT.

Ya think this was all part of the plan folks?? LOL..

Oh wait Hardcastle and Company think you Las Vegans are too dumb to connect the dots and see the REAL story... but then again. You are all dumb because you were so easily bought and swayed.

Gotta love it. Back to business as usual with the good ole boys and girls at the RJC.

PS... hope you are recovering well Judge Halverson... NOW....don't you think it is time to get out of the po dunk backwards town. I mean really. This group of losers are not even worthy of rubbing your feet.
By VegasFan

10/12/08 at 9:44 a.m.

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Seriously? Please reveal your criteria. Have any of you ever, I mean ever been in the courtroom of some of the judges you endorse? Do you honestly believe they have "knowledge of the law." Take for example Miley -- are you unfamiliar with her low approval ratings, the lowest being that she in fact has no idea what the law is in a majority of cases before her. Did you bother to check the practice of any of these candidates -- for example did Leavitt, or Mosley, or Miley ever even participate in a trial before becoming judge? Do the ethical charges which were UPHELD against Mosley for example concern you at all? Seriously, will you reveal your methodology and what things you did or did not take into account, or was it that these people while likely charming in an editorial meeting, have no business being judges and do nothing to enhance the soiled reputation of the Nevada judiciary?
By VegasFan

10/12/08 at 9:47 a.m.

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Oh, and let's please not forget that Bill Kephart is the most reversed on appeal prosecutor in Nevada history (documented by Supreme Court decisions). He once had a case reversed after he physically choked a defendant on the stand. A simple Nevada law search with the name Kephart will reveal this...do you not bother to check these things when you ask the public to be more informed? In most Supreme Court cases they just say "the prosecutor did this or that" but Kephart does it so much they've taken the rare step of naming him by name. Absurd that this man got your endorsement for "his ability to do the job." Absurd.
By VegasFan

10/12/08 at 9:55 a.m.

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Correction on prior post...the defendant in the case where Kephart choked him on the stand was not reversed, but almost reversed. Here's what Justice Rose said about Mr. Kephart...

"An accused who takes the stand runs many risks. One of them should not be that the prosecutor would physically assault him or her. Assaulting a defendant during trial is so prejudicial that it should be reversible error. In this case, the physical assault had two negative impacts on Honeycutt. First, the demonstration was by no means reliable in reenacting what happened, and the effects on Honeycutt could easily have been more a result of the prosecutor's aggression than an accurate depiction of what occurred. Second, it clearly showed the personal animus and bias the prosecutor had toward Honeycutt. We have often stated that a prosecutor should not show his personal animus toward a defendant before a jury.

Good endorsement, LVSun. Way to go.
By misteryhill

10/27/08 at 8 a.m.

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Vegasfan,

You are spreading untruths about Kephart. I know who you are and what your connection to Judge Walsh is. Why don't you tell everyone who you are so they can see that you have no credibility?

I have worked around Bill Kephart for a long time. I don't work in the same office but I am able to see him do his thing on a regular basis.

Here's the real scoop on Kephart...

He has had more jury trials than just about any other District Attorney around (over 100 jury trials). Why? Because he doesn't give sweetheart deals to hard core criminals. Why do you think Kephart is assigned to handle only murder trials and trials on career criminals?

Kephart has had 4 cases overturned, none due to "prosecutoral misconduct". AND in all 4 of those cases, Kephart went back and retried the case with guilty verdicts in all 4 of them. Those are the facts.

Your claim that Kephart choked out a defendant on the stand is retarded. Mr. Kephart received prior approval from the court to do the demonstration and he didn't assault anyone. The defendant was dramatic, kind of like O.J. when he couldn't put on the gloves that were his.

You quote Justice Rose who heard a later complaint and appeal. The thing is, 1) Justice Rose wasn't in the courtroom when the deomnstration happened and, 2)Justice Rose was always very liberal and not often fair to prosecutors. There was no discipline given to Kephart and the case was not overturned by this issue. So where's the beef?

Bottom line is, Bill Kephart is a no-nonsense, fair yet tough prosecutor who will be a great asset to this community if he is elected to be Judge. This one is a no brainer.
By notfoold

10/27/08 at 8:59 a.m.

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2005 DEPOSITION: Lawyer links judge to scheme He says Mosley suggested records could be falsified Donald Mosley District Court judge tried to help girlfriend avoid foreclosure, lawyer says. <br/><br/>In a deposition taken for a trial under way in Las Vegas, an attorney says District Judge Donald Mosley hatched a scheme to help his girlfriend, avoid foreclosure on her home. In a sworn deposition taken in May 2005, Las Vegas attorney James E. Guesman says Mosley in 2001 suggested payroll records could be falsified to make it appear Mosley's girlfriend, Tawanna Crabb, was employed, although she actually had been out of work for months. Guesman's deposition goes on to say he withdrew as Crabb's bankruptcy lawyer after Mosley suggested that another local attorney could alter employment records to make it appear Crabb worked for the unnamed attorney. (DAVID WINTERTON) Crabb subsequently named Guesman a defendant in her foreclosure-related lawsuit. When asked why Crabb didn't get a job, Guesman in his deposition states, "My opinion is that she had visions of grandeur. She had earned, I think, in the area of $50,000 at a job she'd had prior to getting in this financial difficulty, and she wasn't willing to look at any job other than one that would pay in that bracket. And I don't think she had the qualifications to -- at least didn't seem to have qualification to get a job in that bracket. ... I was encouraging her to get a minimum wage job and we could do the reorganization (for the bankruptcy), and she didn't do that." Crabb eventually filed for Chapter 7 bankruptcy..<br/><br/>JUDGE WALSH HEARS CASE AFTER MANY RECUSE. WHY DOES WALSH HEAR SO MANY CASES WHERE JUDGE MOSLEY IS INVOLVED? WHY IS ATTORNEY DAVID WINTERTON ALWAYS INVOLVED? COINCIDENCE?
By AmberCasteel

10/27/08 at 12:48 p.m.

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I am honored to have the opportunity to work with Judge Mosley and blessed to have developed an invaluable friendship with him. Over the last nine years he has not only taught me and indulged me with his great knowledge in the legal field, but I have learned life lessons, strong morals and family values through his continued mentoring and friendship. You will hear nothing but admiration and respect from the Las Vegas legal community. I do not believe any of the slander, and manufactured lies of a scorned woman who tries at every opportunity to destroy the reputation of this incredible and honorable judge who fulfills an important role in protecting our community. His integrity and experience is what has kept him his earned seat on the bench over all these years. I can speak for many in this community who would agree. Judge Mosley continues to be dedicated to his judicial responsibilities and in maintaining an honorable and firm disposition of the law. Judge Mosley has proven time and time again that he is most qualified for the bench. Clark County cannot afford to be without a judge like him who that has done such an exemplary job on the bench. Please, take a moment to visit his courtroom, research his cases and take the opportunity to listen to the community that knows the truth and facts about this incredible man. Please re-elect our highly respected Judge Donald Mosley.
By notfoold

10/28/08 at 10:34 a.m.

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Dept 12 wrote on October 26, 2008 11:06 AM:
KINDRED SPIRITS wrote on October 25, 2008 11:55 PM: Leavitt Jails Potential Juror

21. September 2008 by admin.

According to the Las Vegas Review Journal, Judge Leavitt ordered a potential juror to serve 25 days after "he swore and became agressive toward a marshal". The story in the Journal on September 13, 2008, states the juror shouted when leaving the courtroom. Additionally, the Court staff are professionals and should not be endangered.

While it is not known what exactly occurred at this time, Kurt Harris is committed to bringing courtesy to the bench. Jurors are serving the County and so are judges. A judge should have the patience and temperament to control the courtroom. There must be some degree of understanding and from the judge. While inappropriate language cannot be condoned, 25 days in jail does not seem to be appropriate. It is for the electorate to decide on November 4, 2008.

And Then MOSLEY:

http://www.lasvegassun.com/news/2003/jun......

The woman, who is black, had appeared as a prospective juror in the courtroom of Judge Donald Mosley.
.. Mosley ordered the woman to return Friday to the chief judge's courtroom for a hearing to see if she would be held in contempt. Prior to that order he had dismissed her from the jury and had told a bailiff: "You're instructed, if she tries to leave, cuff her." Then, to the woman, Mosley said, "You sit down, ma'am. I'll let you know when it's time to leave." Later he told the woman, "By virtue of your responses to my questions and that of counsel I have concluded that you are willfully attempting to obstruct this procedure." He told her that if she didn't appear Friday, "I guarantee you a warrant will issue and we'll be at your jobsite taking you out in cuffs."

http://www.lasvegassun.com/videos/sets/2...

http://www.lasvegassun.com/videos/2008/o...

http://www.lasvegassun.com/videos/2008/o...