Large and Still Not In Charge
Hello and good morning everyone. This is Billy Merck once again (yes, yes, "we hate you" and so forth; get it all out on the first post), filling in for Lat today. Don't worry, we're still going to be on the lookout for associate bonus announcements, so send them in if they happen and we'll get them up pronto.
But we don't know of any new announcements yet this morning, so we'll start with an update on your favorite Nevada state judge, the immeasurable Elizabeth Halverson.
Yesterday the Nevada Supreme Court upheld an interim suspension of Judge Halverson by the Nevada Commission on Judicial Discipline. The slip opinion can be accessed here.
Our favorite part is the section dealing with Halverson's propensity for falling asleep on the bench:
The deputy district attorney in the child molestation case testified that Judge Halverson had fallen asleep on the bench during the trial testimony before the jury. According to this witness, by that time, Judge Halverson had generated a reputation for falling asleep on the bench. Additionally, Judge Halverson’s former bailiff testified that Judge Halverson fell asleep on the bench virtually every day. Although the former JEA’s testimony did not reflect that Judge Halverson consistently slept while on the bench, the former JEA did testify that she had seen Judge Halverson dozing on a few occasions, and that on one occasion, she was called in by the former bailiff and a former court clerk because they could not awaken her.With respect to this one occasion, the former bailiff and former JEA gave differing accounts as to Judge Halverson’s views on why she had fallen asleep. The former bailiff testified that she claimed that her blood pressure “must be going up” and that she “did not feel well.” The former JEA testified that Judge Halverson blamed the problem on medication “that did not agree with her” and also on the former JEA’s failure to “let her take a long enough nap” in chambers before trial proceedings recommenced. Judge Halverson did not testify at the hearing, but she did submit an affidavit to the Commission, which indicated that she lapsed into slumber on one occasion because of low blood sugar arising from her diabetes and her failure to eat. Although the record demonstrates that the occasion of sleeping described in Judge Halverson’s affidavit did not occur during the criminal trial, as depicted by the deputy district attorney, the record does not specify whether or not this instance of sleeping was the same as that described by Judge Halverson’s former staff.
The only testimony contradicting the testimony about Judge Halverson’s propensity to sleep while on the bench was the statement given by the JEA working for Judge Halverson at the time of the hearing that, in her two months with the judge, she had never seen the judge fall asleep on the bench.
The Commission’s written order noted that one confirmed occasion of falling asleep on its own would not warrant an interim suspension, but that when added to the other conduct, her sleep issues formed part of the basis for its decision. Additionally, the Commission noted that although a physical reason could explain Judge Halverson’s sleep issues, the judge had not offered any proof regarding the possible etiology of this tendency.
Come on, Halverson, don't let pride make a fool of you. We suspect there are "physical reasons" for most of your difficulties. You should have embraced this as an ADA case, and you probably would've been able to stay on the bench.
As it is, you're just obnoxious and large, and most definitely not in charge.
Prior ATL Halverson coverage
Slip opinion upholding Halverson's suspension [Nevada Supreme Court (PDF)]
(48) Comments
Firsty
come here. im gonna eatcha!
Bring back Piercie!
Throwing electonic rotten tomatoes at Merck-bag.
HAAHAHAHAHAHAHA!!!! Fat people are funny.
Maybe break up such a long block quote with intervening commentary and zingers (no, not the snack cakes).
What a filthy, disgusting pig. How do people like this ever get that far? I guess the old saying has some truth: "those who can't do, teach...those who can't teach, judge."
Merck-tastic as usual!
Does Lat even work here any more?
How sad is it to preface a post by acknowledging that people don't like you?
Merck to big mac's so he can look like this fat judge!
Mooooooooooooooo.
Mmmmmoooooooooooooooooo.
Zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz.
Merrick:
I tipped ATL to this story (that just broke last night), I sent you my lengthy post, and you did not so much as give me a hat tip (unlike the ABA Journal Who DID give me a nod this morning in their post).
Plus, not to be hyper-critical, but you, well, never mind. To hell with it.
Merrick:
I tipped ATL to this story (that just broke last night), I sent you my lengthy post, and you did not so much as give me a hat tip (unlike the ABA Journal Who DID give me a nod this morning in their post).
In addition, your post—aw the hell with it.
Very truly yours.
Blogonaut
blogonaut (hyphen) blogonaut (dot) blogsopt (dot) com
Lat, you're fired.
There goes my clerkship.
MERK!!!!!!!!!!!!!
(you suck.)
Why do fat people even try?
Hey, Merck, lay off the fatties.
C'mon. She just has a slow metabolism. She is unable to break down the calories in oxygen properly.
10:43
STFU, no one cares about your lame blog. Quit your spamvertising.
There are calories in oxygen? Shit!
I couda had a twinkie instead of breathing.
Merck, I thought this was pretty funny, and I like you. Let's be friends
Dear 11:19:
The point is only this: Blog convention is that if you are tipped to an item by another blog, you credit the blogger, as did the ABA Journal on this subject today, as Lat always does, and as I do, and as BM did not. Which irritated me, because I have always stuck up for the guy.
And you are wrong: I care.
JOB OPPORTUNITY FOR LOYOLA2L:
In Nevada, our Supreme Court will entertain motions to correct a substantive error. I am looking for a seasoned advocate to help me challenge this decision. The gist of my claim is that the Nevada Supreme Court based its decision, in part, on its erroneous belief that my "affidavit ... indicated that [I] lapsed into slumber on one occasion because of ... [my] failure to eat." This simply is not the case. Never in my life have I "fail[ed] to eat" and, as a result, I could not have "lapsed into a slumber," at least for that reason.
Loyola2L: this is your calling!
No guys, you've got it all wrong! Everyone else is just intimidated by how talented and intelligent J. Halverson is! Why, just last month a girl mentioned that she was a lawyer to some guy in a bar and he commando-rolled over a pool table in a mad dash for the exit, then sped over the curb on his way home and hid under his bed.
Since you can spell "seasoned advocate" I know your are not Judge Halverson.
Since you can spell "seasoned advocate" I know you are not Judge Halverson.
Wrong again, Merck. As an ADA case, this one is a loser:
http://disabilitylaw.blogspot.com/2005/05/timmons-on-accommodating-misconduct.html
Way to proofread your post nitpicking about spelling, 11:48.
Halverson to 500# !!!
11:52: Way to read a post before nitpicking it.
Get In My Belly!!!
Keep the money, I'll take the wee baby!
11:49: Great article. Bottom line, misconduct is not protected by the ADA.
Dat's Rosie O' Donnell on a good day. dat whore's got sum back!!
Much more disturbing than a judge falling asleep on the bench, which honestly isn't all that rare, is that the judge dined ex parte with a deliberating criminal jury and engaged the jurors in a wide ranging discussion of substantive legal issues in the case. that's really bad.
Who appointed Jabba the Hut to the bench?
Not to mention addressing staff at "bitch" and"Jew".
1:27: Halverson was elected to a vacant department by a margin of a few hundred votes. (Apparently in Las Vegas, there is only a 14% voter turnout for judicial elections.)
This was after she unsuccessfully opposed Chief Judge Kathy Hardcastle's husband (also a judge) in an election (costing Halverson's clerkship with the court), and then complained against Hardcastle to the Nevada Commission on Judicial Discipline for appearing at her husbands fundraiser, a few years prior to running.
In Nevada, there is no system for judicial appointment of state court judges; all vacancies are filled by election.
I'm not fat. I'm big boned.
JOB OPPORTUNITY FOR LOYOLA 2L: I will pay you $20/hour to rub my belly.
'The former bailiff further testified that his duties on a typical day included, on Judge Halverson’s directive, helping her change her shoes, dealing with her oxygen tanks, preparing and serving her lunch, and covering her with a blanket and placing another under her head for a pillow when she rested in her chambers. "
At least he didn't have to roll her over.
"The former bailiff further testified that his duties on a typical day included, on Judge Halverson’s directive, helping her change her shoes, dealing with her oxygen tanks, preparing and serving her lunch, and covering her with a blanket and placing another under her head for a pillow when she rested in her chambers. "
At least he didn't have to roll her over.
sad. probably has sleep apnea; can't get to stage iv sleep. this is a medical problem.
sad. probably has sleep apnea; can't get to stage iv sleep. this is a medical problem.
Maybe she has tourette’s also--in addition to being stupid.
When she was a lawyer and got sued over a rent control scam and then (unsuccessfully) appealed the (now) $40,000 judgment against her, whe typed her appellate briefs (text and all) using only capitalized letters.
Pancakes the size of snow shovels, buckets of ice cream, fountains of soda pop....those are a few of my favorite things!
From her webpage:
"If you want an honest, hard working person as a judge who is really passionate about the administration of justice, then I am your woman."