Henderson city attorney pleads not guilty to DUI charges

By Dave Toplikar

Monday, June 20, 2011 | 10:54 a.m.

Henderson City Attorney Elizabeth Quillin won't have her DUI-related trial until September — but in the meantime she'll have to wear an alcohol-monitoring device on her ankle, a specially appointed judge ruled today.

Quillin, 51, pleaded not guilty through her attorney this morning at her arraignment in Henderson Municipal Court to misdemeanor charges of DUI, hit and run and having an open container of alcohol in her vehicle.

Quillin did not appear at today’s hearing and was represented by her attorney, William Terry, who asked the judge to waive her appearance.

Terry indicated that Quillin is in an alcohol-related rehabilitation program, although he did not disclose what or where that program is.

Moapa Valley Township Justice of the Peace D. Lanny Waite, who was brought in to preside over Quillin’s court case, set her misdemeanor trial for 9 a.m. Sept. 27.

Waite eliminated her bail, releasing her on her own recognizance with two conditions. One condition is that she not consume alcohol while the case is active. The other condition is that she wear a SCRAM ankle bracelet. The SCRAM (Secure Continuous Remote Alcohol Monitor) provides a constant radio transmission that tells a person’s blood alcohol content by measuring skin perspiration.

Terry had argued against her needing to wear the ankle bracelet, saying Quillin, as an officer of the court, would take very seriously the judge’s order not to consume any alcohol.

"Because of her unique position as the city attorney and as a member of the Bar, etc., she has to comply with court orders for a whole different reason," Terry said. "And I don't believe that she could violate a court order."

However, Deputy District Attorney L.J. O’Neale, who was appointed by Clark County Attorney David Roger as special prosecutor in the case, argued for the use of the SCRAM bracelet.

O'Neale said the blood alcohol level in her system at the time of her arrest was a "very high" level of .281. The legal limit is .08.

"The risk of recidivism is, despite every intention not to backslide, is always present," O'Neale said. "In these cases where people drive while impaired, that backsliding carries with it certain risks. I hope sincerely that the SCRAM device proves unnecessary, but its very presence serves as a reminder of the promise not to consume alcohol."

The judge ruled Quillin would need to begin wearing the ankle bracelet within 48 hours of being finished with the alcohol program she is attending. After the meeting, Terry said “no comment” when asked where that program was located.

Besides the use of the ankle bracelet, Terry also had concerns about the way the court appointed Waite to preside over the case.

Terry formally objected to Waite’s appointment. He filed a motion arguing that once the three Henderson Municipal Court judges had recused themselves from the case because of a conflict of interest, they should not have issued any more orders from that point forward involving the case.

Terry said there are proper procedures laid down by the Supreme Court to follow in such conflict of interest cases. Terry argued that Waite was not on a list of judges who should have been next in line to handle the case.

Terry said he didn't have any problem in particular with Waite, just with the procedure that was followed. He said they also had earlier objected to the court ordering the district attorney's office to appoint a special prosecutor, not because they thought it was the wrong office to make the appointment, but because the municipal judges had already recused themselves.

“It just doesn’t look right, your honor,” Terry said.

Waite said he understood Terry's position. However, he said he viewed the court order appointing him as a "housekeeping matter."

"It's not a substantive order," Waite said.

Waite said he viewed it as more of a concern to get Quillin’s case on track and moving through the court system. He denied Terry’s motion.

Terry told the judge that he might appeal that decision at a later date.

Quillin, who earns $190,000 a year, is on paid administrative leave.

Quillin was booked into the Henderson Detention Center at 3:57 p.m. May 23 on the misdemeanor charges of DUI-first offense, leaving the scene of an accident with property damage, and having an open container in a vehicle.

According to Henderson Police, officers responded to a crash near the intersection of Paseo Verde Parkway and Carnegie Drive, where Quillin allegedly drove her Lexus RX400 off the road and across landscaping before striking a fire hydrant, a large boulder and a tree.

Police said a witness said she approached Quillin's Lexus, but then Quillin reversed her vehicle, backed away from a tree and drove forward, nearly striking the witness, the report says.

Quillin then continued driving south on Carnegie Drive, but sideswiped the witness' parked vehicle and the raised curb before ultimately striking another tree, the police report said.

Other witnesses told police Quillin tried to drive away again, but her car was too damaged so she exited and appeared to be walking away, according to the arrest report.

The witnesses caught up with Quillin and noticed an odor of alcohol and told authorities it was "obvious she was drunk," police said.

When police interviewed her at the scene, Quillin allegedly said she had consumed "bottles of wine" and felt the effects, saying "Yes, I'm (expletive) up," according to the arrest report. She failed the field sobriety test, police said.

Police recovered an open bottle of Chardonnay wine in the back seat and saw a large amount of spilled liquid on the front floor by the driver's seat, officials said.

Quillin was appointed city attorney in June 2009. She supervises the civil and criminal divisions of the City Attorney's Office, according to the city's website.

Before her appointment, she served in the City Attorney's Office's civil division beginning in 2007. From 2005 to 2007, Quillin served as the Clark County assistant manager.