Halverson bail hearing moved to Wednesday

By Mary Manning

Tuesday, Sept. 9, 2008 | 5:54 p.m.

Metro Police

Edward Halverson

File photo

Elizabeth Halverson

Sun archives

Halverson’s condition improving after husband’s attack(9-5-2008)
Cost of benching Halverson tops $200,000(8-17-2008)

After a scheduled hearing today before Judge Karen Bennett-Haron for Edward Halverson, accused of beating his wife, embattled Judge Elizabeth Halverson, with a frying pan, the judge bowed out.

Judge Bennett-Haron told the court that she would excuse herself from the case because she had been subpoenaed by Halverson during her disciplinary hearing.

Judge Halverson faced a disciplinary hearing in August on charges of misconduct. After her husband allegedly attacked her at their home in southeastern Las Vegas, the justice system is trying to find a judge without judicial ties to Elizabeth Halverson to hear the case.

Bennett-Haron said that she felt it would be a conflict to hear a case involving Halverson's husband.

Edward Halverson is scheduled to appear Wednesday morning before Chief Judge Doug Smith to discuss possible bail. Smith could agree to try the case himself or pass it on to a temporary judge from northern Nevada without ties to Elizabeth Halverson.

Judge Halverson called 911 on Thursday night after police said that she was attacked by her husband. Officers found Edward Halverson shirtless and wearing camouflage shorts. He had blood on the shorts, his hands and smears on his back.

Police searched the house and discovered Judge Halverson in the master bedroom bleeding from severe wounds to her head, chest and right eye. Part of her scalp had been detached from her head, the police report said.

She was taken to Sunrise Hospital and underwent surgery on Friday. She is still hospitalized and in severe pain.

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By LasVegasLawyerGal

Sept. 10, 2008

6:34 a.m.

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Based on the published reports, Judge Smith has no involvement with the judicial proceedings against Judge Halverson, so there doesn't seem to be a reason for him to recuse himself. Even if he did, the cleaner option would to assign the case to a senior (i.e. retired) judge locally rather than a JP from up north. Senior judges answer directly to the Supreme Court, rather than Judge Hardcastle and can sit as JPs or District Judges, depending on what the need is. Given the violent nature of these charges and the fact it's a domestic violence case, I expect the bail will be set at what Mr. Halverson considers an astronomical level and he'll be in CCDC for awhile. While he has a constitutional right to bail (since he's not charged with 1st degree murder) under our state constitution, the bail does *not* have to be affordable and the judge has a lot of discretion in this area.