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Ex-council member sentenced to 25 days in jail released within hours
Judge reconsiders sentence, places Karla Burton on house arrest
Friday, Oct. 2, 2009 | 8:16 p.m.
Sun Archives
- Ex-councilwoman in court for DUI fails blood alcohol test (9-29-09)
- DUI trial for former councilwoman postponed a fifth time (6-3-09)
- DUI trial for ex-BC councilwoman set for June (1-28-2009)
- Former councilwoman’s trial to be again delayed (11-18-2008)
- Burton’s DUI trial postponed again (9-16-2008)
Former Boulder City Councilwoman Karla Burton was at home within hours of being sentenced on Tuesday to 25 days in the Clark County Detention Center after appearing drunk in a special DUI Court.
Justice of the Peace Nancy Oesterle suspended the 25 days and allowed Burton to go directly to house arrest after reconsidering her decision Tuesday.
Burton, who was arrested on a charge of driving under the influence in February 2007, had agreed to a plea deal that required her to enter the Moderate Offender Program. While making her first appearance in that program before Oesterle, she failed a Breathalyzer test, showing a blood alcohol level of 0.115, over the legal limit to drive of 0.08.
Burton said she had not been driving, but under terms of the program she is not supposed to drink at all.
Oesterle sentenced her to 25 days in the county jail for contempt of court, and Burton was led from the courtroom in handcuffs. But at the end of the day’s court session, lawyers John Watkins and Jack Howard asked Oesterle to reconsider, according to the court record.
The attorneys argued that Burton had pleaded guilty to driving under the influence before a different judge and had not been given Oesterle’s usual stern verbal warning to stay away from alcohol, Oesterle’s executive assistant said.
“After the judge considered all of the facts ... she decided one more chance was warranted,” Executive Assistant Tracy Cordoba said. “They believe they have her attention now.”
While on house arrest, Burton will wear a GPS anklet to monitor her location and a SCRAM anklet that checks for alcohol use, Cordoba said. She was also required to obtain a breath interlock device, which attaches to an automobile and disables it if the driver has been drinking. Burton has already obtained all of the devices, Cordoba said.
In addition, Burton has entered counseling and is working on the other terms of the program, she said.
If Burton fails to complete the program, she will serve the 25 days, as well as a six-month suspended sentence Oesterle imposed during Tuesday's hearing and any sentence that might be added for the original DUI.
Burton, who declined to comment on her court appearance, said she was determined to follow the rules.
“I’m committed to doing the program and following through with everything the judge is requiring of me,” she said.
Discussion: 31 comments so far…
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isn't politics sweet?
Just coming to court drunk should be considered contempt. It doesn't matter who the judge is. In my humble opinion, you just don't come to court drunk, no matter what the charge is.
Comment removed by staff.
This is the most corrupt town in the world! An average citizen would still be in jail.
I propose a toast!
And people asked why I moved out of Las Vegas. Read above!
Guess it's OK to bring my flask with me the next time I'm called for jury duty. Sure beats a book.
Third DUI,post-poned hearing 5 times.shows up for hearing enebriated,fails sobriety test.Gets a modest sentence .gets it reduced,gets sent home. Because why??? She will run someone over soon,...Only in vegas can this happen.SO who pays the bill when her monitoring "devices " go off?? They probably already have..She needs to be locked up!!!
justice of the peace nancy oesterle is a failure...
justice of the peace nancy oesterle is a complete and total failure...
I have never commented on a news article ever before. Justice of the Peace Nancy Oesterle need to be charged with contempt of her own court. How can she change her mind at the end of the day after a couple of slick lawyers sweat talk her. Hope she sleeps well after the former Councilwoman ploughs through an intersection and kills someone.
What a disappointment. When is the next election?
Big mistake letting her go. My guess she will make it through the 30 day period, and about 6 months to year later be arrested again for drunk driving. By the time this lawyer drags it through the system another 3 years, this will be forgotten about. Like the poster said, anyone else would still be in the clink.
Shame on the mess
People -- how does the obvious continue to escape your attention?
Compare the privilege of of politics and being able to afford TWO attorneys to how the average defendant similarly charged is treated. Even thirty days locked up can mean complete collapse of the average person's fragile economic existence -- job loss, eviction, all your stuff gone.
Also check that recent story about the Henderson judge facing discipline and the years it took to force him to apologize to the defendant's girlfriend locked up on a minor traffic ticket.
The system is rigged and government is no longer just the ultimate parasite, it is now the ultimate predator and it is on the hunt for us all. The courts and state Bar exist for little more than protect thei own and keep the money flowing from us to them.
John Watkins was the DUI attorney written about in the Los Angeles Times expose entitled "Playing with a Stacked Deck," on questionable outcomes in Las Vegas Courts. If I recall correctly, John Watkins was the former law clerk of former Judge Joseph Pavlokowski, and a high percentage of DUI cases that Watkins handled in Pavlikowski's courtroom were reduced from DUI's to Reckless Driving.
After the series ran in the Los Angeles Times Judge Pavlikowski resigned his position as a senior judge I believe.
The Las Vegas Sun's Jean Reid Norman is to be highly commended for catching this. Judge Oesterle most likely figured she got the publicity for being tough on crime in imposing the contempt of court Order, and that at the end of the day the phone call to the jail would be made, and no one would catch it or care.
I disagree with virtually every editorial postition taken by Brian Greenspun, but I must admit that the Sun wins Pulitzer's for a reason. This is the type of Journalism that this reader can only find in the Las Vegas Sun.
Shame on the dishonorable Justice of the Peace Nancy Oesterle, She won't get my voting next election, hope someone has the nerve to run against her
Justice of the peace Nancy Cesterle, When Karla Burton drives drunk again and kills someone the victims blood will be on your hands. The victims family will haunt you, your conscience will haunt you, then you will be appearing in court for being drunk yourself. SHAME ON YOU, YOUR AN ENABLER !!!!
The judge can't cure alcoholism, the pope can't cure it either. Obama is powerless to do anything about this woman,who shows up, drunk at court. She may or may not have a drinking problem,she definitely has legal problems, I will take her home, and I can cure her and her dog, too. It's a family disease, progressive, like the interest on my wife's alimony checks.
This is unacceptable.
dt0702,
You're right on the mark.
There is obvoiusly no indication that this alcoholic is willing to get help. She SHOWS UP TO COURT INTOXICATED!? --FOR A DUI CHARGE!?
And the "Justice" system (yes, you, Ms. Osterle) lets her off easy.
Pray that Ms. Burton is not on the road when we are driving or walking with our families on the public streets. This is a disgrace.
What is the process for removing Ms. Osterle from her position?
Watkins is the best DUI lawyer in town, what in the heck to howard bring to this??
'Justice' is not blind after all
Thank you all for your interest. The story does not say this is Ms. Burton's third DUI. I have not checked the records, so I do not know first-hand how many she may have, but a third DUI would be a felony, and this was not being treated as a felony.
OK, so let me get this straight. Karla Burton, a retired Air Force JAG lawyer and fired TSA attorney, signed an agreement with the court stating, among other things, that she would not drink at all during the life of the agreement. However, since she was not "verbally" advised of that provision she avoids a 25-day jail sentence??? Lawyering 101 states, "read and understand before you sign." That's what rookie lawyers tell their clients! Has contract law changed to require "verbal notice?" I think not! This is clearly a case of "taking care of your own!" Justice of the Peace Oesterle is a disgrace and should be removed for incompetence! Karla "Bourbon" needs to go to jail, period! At least the streets would be safer for 25 days!
isnt politics grand? once elected to public office all is forgiven whether your name is ensign or burton. its almost as good as being a policeman!
I hope Justice of the Peace Nancy Oesterle is held accountable by the voters and the media. If the media could cover how more cases are decided - it might help the voters see how justice is handled in Clark County. I know it must be discouraging to the police and prosecutors when these things happen.
Karla Burton has had years to go into treatment programs. Maybe she's been through several already, I have no idea. It makes no sense the judge would think house arrest, counseling or a program is "better" than jail time for showing up at a DUI court with alcohol on her breath after signing an agreement not to drink.
She has had DUI's before, and all beat like this one through plea bargains and endless litigation.
SHE IS ......A SAD ....ADDICT SEND HER TO A HALFWAY HOUSE.......DRINK DRINK DRINK CRAWL INSIDE A BOTTLE... AND LICK THE SIDES FOR MORE AND THEY JUST LET YOU OFF AGAIN SO YOU'L JUST DRINK SOME MORE.. CAUSE NO ONE IS HOLDING YOU ACCOUNTABLE YOUR LIVER LOOKS LIKE A SEEEPING PRUNE........ YOUR SHOULD FRAME THAT PHOTO OF YOU BLOWING INTO A BREATHALIZER AND PUT OVER THE FIRE PLACE THEN HAVE A DRINK
I couldn't find anything about a third DUI but this particular case has been postponed three times...
It's obvious this former politician is getting special consideration the rest of us would not.
What a joke.
Typical Crooked Vegas at it's best here.
This reminds me of Dante Stallworth, OJ Simpson, and all the losers in the NFL that kill people and get away with it.
There is no law and order in this town anymore.It starts at metro,and go s all the way up through the courts!And if you think your done then,you have to deal with the towing companies,and the people that ended up with all your stuff!Coruption is rampant in this town!Far worse than the mob ever was.