Las Vegas NowJudge to Decide if Halverson's Due Process Rights Violated

Judge to Decide if Halverson's Due Process Rights Violated

It could be a major victory for embattled Judge Elizabeth Halverson. A judge has agreed to hear arguments on whether the state disciplinary hearing now underway -- should be postponed.

A federal judge has ordered a hearing for 10:30 am Wednesday at the request of Judge Elizabeth Halverson, who says her due process rights are being violated by this Judicial Discipline Commission's hearing. The commission is currently deliberating how to proceed, if they do proceed with this hearing.

In the meantime, Judge Halverson did get a bit of good news Tuesday. The special prosecutor withdrew one of the charges after the presiding officer ruled there could be some constitutional issues at play.

Judge Halverson was charged with failing to cooperate with the county's diversity office which was investigating a hostile work environment complaint from her former bailiff. But since Halverson is a state judge, the presiding judge here ruled there is a legitimate question if Halverson would be subject to a county investigation.

So that charge was dropped. Also Tuesday, Judge Halverson's former clerk testified about several unusual incidents. At one point, the clerk was summoned into the judge's chambers to swear in the judge's own husband.

"I administered the oath to Mr. Halverson and Judge Halverson proceeded to question him on progress of their house being cleaned for her mother's stay with him during her investiture," said Katherine Streuber.

Also on the stand Tuesday -- Chief District Court Judge Kathy Hardcastle.

Judge Hardcastle testified the Halverson incident has been disruptive to the court system and said many court support staff did not want to be assigned to Judge Halverson's courtroom.

The Judicial Discipline Commission has already suspended Judge Halverson, but after this hearing it could remove her from the bench. The hearing is expected to run through Friday.

The Judicial Discipline Commission has seven members, including two sitting judges. For this case, five of the members and the special prosecutor are all from Northern Nevada to minimize any conflicts of interest.

Email your comments to Reporter Mark Sayre.