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StumbleJudge’s re-election bid prompts debate over influence, impartiality
John Coulter
Thursday, March 24, 2011 | 2:01 a.m.
Sun archives
- Metro Police arrest judge’s son in Bellagio casino robbery (2-3-2011)
- Good thing she didn’t hold breath for apology (9-10-2009)
- Discipline on Vegas judge upheld (11-7-2008)
- Judge must apologize to woman he jailed (6-17-2008)
Sun coverage
Las Vegas Municipal Judge George Assad recently sent voters a flyer bearing eight police emblems, one for each law enforcement group that has endorsed him in his race for re-election.
His website also features the police badges. And a radio campaign spot notes Assad is endorsed by former Sheriff Bill Young, who says he has never known anyone better qualified to be a judge. “I’m the only candidate in this race that has been endorsed by every single law enforcement association in Las Vegas,” the nine-year incumbent says. “None of my opponents have even one endorsement.”
It’s a distinction that at least one of Assad’s opponents says should concern voters. Dayvid Figler, a Las Vegas criminal defense lawyer who is challenging Assad, says the judge’s boasts about police support raise an ethical red flag.
“He touts his endorsements by law enforcement more than any judge I’ve ever seen,” Figler said. “Shrouding one’s self in those endorsements is contrary to the idea of impartiality.”
Assad says he always tries to be impartial when deciding cases. He describes himself as “fair but firm.”
“I try to listen courteously and answer wisely and consider every case soberly and with careful thought,” he said.
Nothing in Nevada law prohibits police unions or other groups that frequently have business before judges from endorsing them as candidates, and it’s common practice nationwide. The same goes for judicial campaign contributions from police officers, lawyers and others who regularly appear in their courtrooms.
But questions about impartiality inevitably plague a system that puts judges through a political process to reach the bench.
Figler argues such relationships undermine judicial impartiality, if not in reality then in perception.
“He has curried a lot of favor with the police, so any decision he makes when he finds someone guilty, that person is going to wonder if he is guilty because of the evidence or because (the judge) has a very cozy relationship with the police,” Figler said.
Judicial races are typically decided by a small number of voters, many of whom know little about the candidates. The races are nonpartisan, and as judges or potential judges, candidates can’t speak about policy positions. So endorsements by various constituencies can hint at what a candidate stands for and signal to their members the candidate is worthy of donations.
But surveys show more than 80 percent of voters think campaign contributions influence judicial decision making. Even many judges agree.
Figler, who was appointed as a temporary Municipal Court judge in 2003 by Mayor Oscar Goodman, has refused campaign contributions from anyone who might appear in his court. He says he is the only candidate in the race to do so.
It has cost him significantly, he said, but “it’s all about the appearance of impropriety. Judges must scrupulously avoid even the appearance of bias.”
Assad said it’s impossible to run a campaign without financing — an opinion many judicial experts agree with.
“The perception (of bias) will always be there when that system is in place,” Assad said. “But it’s the system that the voters chose and we as candidates have to respect that.”
In November, Nevada voters overwhelmingly rejected a proposal to make judges appointed rather than elected.
“The bottom line is, if the people of the state want to elect their judges and have decided not to fund elections, then judges have no choice but to go out and pound the pavement for money,” said Charles Geyh, associate dean of Indiana University’s law school and an expert on judicial ethics. “Lots and lots of lawyers give small amounts of money to judges because it’s a show of confidence in the system, not because they are trying to buy influence.”
Geyh said problems with endorsements arise if judges make promises about how they will rule.
Assad describes himself as “a judge tough on crime.”
That type of rhetoric has gotten other judges in trouble, Geyh said.
“If it implies that in a case between the state and the defendant, your instinct is to err on the side of the state, that’s a problem,” Geyh said. “And honestly, that’s not the judge’s job. It’s the prosecutor’s job.”
This is Assad’s first contested race. Goodman and the City Council appointed him to the bench in 2002 and he won re-election in 2005.
His other opponents in this race — lawyers Heidi Almase, Chris Davis, Anthony Goldstein and Nicholas Perrino — take more umbrage with Assad’s record than his support from police.
Several opponents point to shoddy ratings Assad received in judicial reviews.
A 2010 Las Vegas Review-Journal judicial performance evaluation revealed that 69 percent of those surveyed thought Assad should not be on the bench. He was the lowest-rated judge in Las Vegas. About 60 percent found Assad “less than adequate” in his ability to fairly weigh evidence, and 57 percent rated him “less than adequate” when asked if he is free from impropriety or the appearance of impropriety.
Assad brushes off the criticism, saying the survey polls defense lawyers who don’t like his tough-on-crime stance. Actually, the survey was sent to every Clark County Bar Association member.
Assad’s opponents also cite a 2007 reprimand by the Nevada Judicial Discipline Commission for a case in which Assad ordered a nurse into custody until her boyfriend appeared in court to settle unpaid traffic tickets. Assad was ordered to apologize to the woman, but took more than a year to do so.
The field challenging Assad mushroomed shortly before the Feb. 5 filing deadline, two days after police announced Assad’s son had been arrested on charges of robbing a casino. Anthony Carleo is accused of being the “biker bandit” who stole $1.4 million in chips from the Bellagio in December.
Police found five guns in the Summerlin home Assad shares with his son and other children. Two of the weapons were similar to the gun used in the robbery. None was registered to Carleo, police said. They did not specify to whom the guns were registered.
Assad’s opponents were loath to say publicly that the case against Carleo prompted them to challenge his father, and Assad would not discuss the case. But privately, many in the legal community wonder about the timing of the arrest, so close to the filing deadline, and the uncharacteristically vague details about the guns’ provenance.
That speculation may or may not be supported by evidence, once it’s presented in court, but until then it is providing Figler with ammunition as he criticizes Assad’s ties to police.
Discussion: 8 comments so far…
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Let's not forget this guy is the Dad of the "biker bandit". Did he come out publically to denounce the actions of his adult son? NOPE! This soft on crime Judge needs to be put out to pasture and sent home packing!! I don't need a criminal's father judging others. Sorry, Mr. Assad, your politics suck and your well advertised supposed endorsements do too!
lvelegante,
With respects I don't find it strange that Judge Assad has said little about his son's arrest. There is nothing he could say is there? And despite all the evidence, the biker bandit is awaiting trial is presumed innocent until proven guilty. So any public statement from Judge Assad could be construed as influencing his son's trial.
Judge's should be appointed. Popular elections of judges only leads to corruption.
Correct me if I'm wrong, but George Assad has the worst record of any elected judge? Any good comments for George? Any bad comments for George?
If the preception is there, we need to replace him. The voter booth how all the power for the voters.
Because of the endorsement of all of those corrupt police agencies I will NOT vote for Assad.
"I try to listen courteously and answer wisely and consider every case soberly and with careful thought," he said.
I guess that is why he called a homeless woman a parasite one day because she had missed a court appearance. I think he forgets that not every adult can get an allowance from their Daddy...
Furthermore, this story does not point out that the only one of Assad's competitors with enough intestinal fortitude to run against him when he was full force was Heidi Almase. Everyone else waited to file until there was blood in the water.
Hopefully one does not have anything to do with the other. The sins of a Father should not be heaped upon a Son, and vice-versa. Judge Assad should be judged on his merits and not the actions of others.
In a State where the Lawyer/Legislators made it illegal to talk about filed attorney and judge complaints upon criminal penalty (a violation of constitutional free speech -- they knew it, too!); where prosecutors in multiple counties are alcoholic or drug-engaged, where some lawyers have child porn on their computers... where judges often refuse to abide by Americans with Disabilities Act, where they don't recognize that ADA compliance is a whole aspect of due process, where judicial neutrality is an obscure concept and where whether judges and court personnel like you or not is part of your case outcome... add a bit like endorsements and we are all screwed. Not that we should allow the crazies to appoint more crazies, but rather sortition should be considered and/or a campaign contribution fund managed by the Secretary of State so as to cut up the contribution pie into equal parts for all candidates (how many would run for judge then)? Yeah, no way can I vote for Assad if he has all the police endorsements (how many judges are former prosecutors, and doesn't that affect their perception of police actions and prosecutorial action?)
We need all candidates to do drug testing, undergo background checks, financial/credit checks (can they manage their own finances?), criminal background checks, mental health evaluations, PLUS open complaints system for lawyers and judges.
It's not the fault of the people if a publicly-known crazy gets into office if all the real information is kept hidden, because we can't evaluate the sanity of the candidates. Neither can the judicial selection commission which appoints people they like... people liked Ted Bundy, too.
Oh, btw? We need more diversity on the bench; more women, more people of color.
Do these things and we might have a fighting chance for justice in Nevada for the first time.
Elections would be had in the federal system if the framers thought elected judges would satisfy their concept of due process. Federal judges are appointed for life, however, and that eliminates the obvious politics behind their decisions. The [federal] system created by the framers may not be perfect but it is undeniably an expression of their vision of justice. State lawyers and judges may disagree, of course, but I doubt any competence to their arguments (duh, ya, thats a challenge).
That Assad is endorsed by police agencies tells all citizens everything they need to know about why Assad should be disqualified. Figler is 100% correct.
Now watch the ignorant herd elect him anyway.
"The legal system has also been wounded by lawyers who themselves no longer respect the rule of law ..... When lawyers cannot be trusted to observe the fair processes essential to maintaining the rule of law, how can we expect the public to respect the process?" -- the Honorable Edith Jones to Harvard's Federalist Club "American Legal System Is Corrupt Beyond Recognition, Judge Tells Harvard Law School" 2/28/03
Holding a nurse is custody, who is not a defendant, to force her boyfriend to appear in court is a basic violation of both the Nevada constitution and U. S. constitution. A first year law student - and probably most high school seniors who studied government would know that. Assad should have been removed from office, disbarred, and charged with kidnapping.
And why no info on all the firearms at his house? Unregistered firearms? That's a crime in itself.
Since the useless Nevada Bar Association chose to give him a free pass - apologize to her and we'll look the other way - the citizens have to do what the Bar Association, not surprisingly - does not have the integrity to do - remove Assad from office.
He has to go.
Why did the "Biker Bandit" police report say: "the guns were registered to an address" ... why didn't it say: "they were registered to Judge Assad's home..." or they were registered to Judge Assad..."
Were the Biker Bandit's guns registered to Assad? Were they his guns? My blue card has a name on it, not just an address.
When in doubt vote them out!
Assad has to be hoping that the general public will be swayed by his endorsements and high profile cronies. Because if anyone takes the time to learn about him, the false imprisonment of that nurse, other ethics complaints, his bias, his bullying tactics, then he would certainly lose this election. The problem is that to get at this information, the media has to be willing to report it, or a candidate against him has to put that information out. Thankfully the Sun and RJ are covering some of this stuff, but for a candidate to do it, costs money. Hence, the need for campaign contributions. As long as we have an elected judiciary, contributions will remain a necessary evil in removing a greater evil from office. I have a feeling this Figler guy figured he wouldn't have gotten much in contributions anyway, has enough money of his own, or this is part of an exit strategy if he doesn't make it through the primary.
Also, ladyjustice99 is absolutely correct: Heidi Almase was the only person running against Assad before the news of his son broke. Kudos to her for being brave enough to take on the bully on the block, before he showed any weakness. Based on the research I've done, she looks to be the most qualified.
All that will be missing in the courtroom will be the badge on his robe. Why waste time and money hiring an attorney to defend you in court? He probably favors privatized prison systems.
I believe Figler is best qualified. Unlike the other candidates, he has presided over thousands of cases as Municipal Court Judge, after Mayor Goodman appointed him in 2003.
I work at the courthouse and, like the situation with former Judge Elizabeth Halverson, many working at the courthouse are aware but Judge Assad's history while the public is completely out of the loop.
Judge Assad married current District Attorney and his wife (also a candidate for judge), the former Susan Pate. Judge Assad swore in current Sheriff Doug Gillespie and has long standing ties to former Sheriff Bill Young. Despite this relationship to a sitting judge, Metro is investigating Anthony Carleo Assad's alleged robbery of the Bellagio (and, oh by the way, whatever happened to that other casino robbery that Carleo-Assad was a suspect in - we don't hear much about that do we?). Despite the relationship to a sitting judge, the District Attorney's office is responsible for prosecuting Carleo-Assad.
Why is this important (outside of the obvious conflicts of interest)? The weapon allegedly used in the Bellagio robbery was Judge Assad's weapon and was located in his house on Corta Bella. While the now sanitized version of the Bellagio robbery police report states multiple guns were located in a search of the Corta Bella residence, all were registered to the "house". Mred is correct: guns aren't registered to homes, guns are registered to people. Carlo-Assad was also living with his father, Judge Assad, in the Corta Bella residence at the time of the robbery and where a significant amount of narcotics were located. No mention of that in the press, either.
The corruption on this case is obvious. The press has done nothing to address these obvious matters (and yet will spend inordinate amounts of time running story after story about one drug addled prosecutor).
Aside from that, Assad has multiple ethics violations (one public involving the nurse and several private) and no less than NINE civil rights violations cases in the federal district court. He is the lowest rated judge for a reason. Do NOT repeat the Halverson mistake and re-elect this creep.
@jamamalv, if the number of appearances made as a judge makes that person the most qualified, then logically every single incumbent judge, including the Honorable George Assad, should be considered the best candidate for the job and never be removed from office. But your premise is also flawed in another way: besides that stint in 2003, I don't think Figler has been a sitting judge in Municipal Court. So, it isn't as if one can actually claim he is a judge.
I went to Figler's campaign website and he comes across as a self-satisfied elitist, especially in his video reel. He seems smart enough for the job, he just doesn't seem like he'd be that interested in the problems of the unwashed masses.
Endorsed by every single law enforcement group. How can he seriously think he'd be seen as impartial?
Does anyone know the conviction rate the DA's office averages in his court room vs other judges?
Come on folks..this is Clark County where corruption is supreme. If the people elect ANYONE who is not corrupt, the world may come to an end.
@Power2ThePeople-- No, sheer number of cases doesn't matter if the judge is shown to be incompetent or unethical, but that isn't the case with Figler. Right now he's an alternate judge, and as such has had lots of experience. Not sure what you mean by the elitist charge. On his website it says he's the first person in his family to go to college, he grew up in LV and lives downtown, and he volunteers at the Stand Down for the Homeless.
The endorsement of LE says alot about our cops in this town. Assad kidnapped and held a young woman for ransom. Did the police investigate this felony? No. Judges are meant to be impartial arbiters of the law, not another arm of the prosecution. Assaad and his anchor baby son are blights on Las Vegas.
@kyla--I guess the people of Las Vegas can't help it if you and your cohort don't take the issue of electing a judge seriously. Trying to run the first truly impartial and "clean" campaign without accepting money from groups or people/lawyers that could appear before him in court might require that Figler do a lot more of the work to promote his candidacy himself, and to use the free new media outlets to do it. Campaigning by nature requires self-promotion, so I'm unclear on what you find "self-serving" about any campaigning activities. Since you feel it is appropriate to mock efforts to untraditional campaign strategies employed to avoid bias and influence, I'm more concerned about the legitimacy of the activities of you and your pals within the court system.
As voters, we had a chance to change the system from elected to appointed judges. That measure was defeated and this is what is in place. The issue of whether accepting donations from attorneys will influence one of them seems a bit overdone. I agree that if an attorney or law firm gives a huge donation to a judge, that judge could be influenced by it. But a donation of under $1000? I don't think that's going to buy much favor--maybe I give judges too much credit. The solution then is lowering the limit that can be donated, not refusing to accept money from attorneys or others who may appear before that judge. This is the same issue faced by every politician taking donations and the solution isn't to forbid monies from lobbyists and special interest groups who have business before a politician. Making a point not to accept monies from persons who have business before the court, smacks of a political maneuver to me; an effective political move if you don't think you stand to get much money from those people anyway, have money of your own or can draw from other sources, and your opponents' funding depends on donations from attorneys or others who appear in that court.
@jamamalv, my elitist comment is just the impression I get from the content of the site, especially Figler's video reel. Really, what person compiles a video reel of TV appearances where he's put forth as a "renaissance man?" Should a person vote for him because he's had face time on Nancy (Dis)Grace and can deliver clever soundbites? Again, he seems smart enough for the job, I just don't think he's the best candidate.
Cherry-picking phrases out of context, in this case from a 4 year-old literary interview, is a cheap but common tactic for misrepresentation. If you read the whole interview you can see that what it discusses is that Figler has written some stories that are frank and explicit about sex and sexual attitudes, and that he admires the work of other people who do that well. Being a direct and honest writer about sex and our society's obsession with sex (which is a real phenomenon, worthy of examination) is all that the word "pervert" is used to express in the interview. It may be an overly colorful way of putting the point, but it is an interview for an online literary magazine, so that kind of language play shouldn't be too surprising. If people find the kind of writing discussed it the interview objectionable, they can choose not to read it. But what people write about, or read, or what music they listen to, or food they eat, etc. has nothing to do with their judicial qualifications.