Ex-regent faces off with appointed judge in Department 9

A former university regent and an appointed judge are running for a truncated four-year term in District Court Department 9.

There was no primary election in the race since Gov. Steve Sisolak appointed attorney Maria Gall to the bench on June 27, two weeks after the primary. The winner of the November election will remain in the seat until the term expires in 2026.

James Dean Leavitt received his law degree from the University of Idaho in 1991 and has been a member of the State Bar of Nevada since 1992.

Leavitt, 60, served as a university regent from 2004 until 2016, and was chairman of the board of regents in 2009 and 2010. Most recently, he applied for but was not included in a candidate pool for the job of chief of staff and general counsel to the board of regents. Leavitt, through an attorney, objected to being excluded from the finalist pool given his qualifications. He said he filed for the District Court opening on June 20 as a backup plan or “Plan B.” The following day, he learned he was not going to be considered for the university system job.

Threatening comments

During an initial interview with a Las Vegas Review-Journal reporter, Leavitt objected to questions about a 1998 incident in Oregon in which he allegedly struck a flagman while slowly driving through a construction zone. He was issued misdemeanor citations, but a prosecutor later sought an indictment for felony reckless driving. Leavitt eventually pleaded guilty to a misdemeanor and paid a fine. His insurance company later settled a lawsuit related to the incident for $27,000.

In the interview, Leavitt brought up the murder of Review-Journal investigative reporter Jeff German, allegedly at the hands of Public Administrator Robert Telles, who was reportedly angry about stories German had done about mismanagement in that office.

“Look what just happened with Jeff German, OK? Right? Do you understand. I mean, this is serious s—-,” Leavitt said. “What I’m saying is, you guys have a responsibility to tell the whole truth. Now I have no idea whether that was the case with Telles, do you understand what I’m saying? And what he [Telles] did was sick and offensive, but it’s serious, right? You guys need to report the news fairly is what I’m trying to tell you, and you guys didn’t do that with me four years ago. That’s what I’m trying to tell you.”

In 2018, when Leavitt was running against then-District Attorney Elana Lee Graham for Las Vegas Justice Court Department 1, the Review-Journal reported on the criminal histories of several candidates for office, and recounted the 1998 incident involving Leavitt. Graham later aired a television ad featuring the flagman from the old case, in a race that featured Leavitt attacking Graham for allegedly trading favorable treatment of defendants for campaign contributions.

Graham went on to win the general election, 58 percent to 42 percent.

Following the initial interview, Review-Journal editors — concerned Leavitt’s comments were a threat — contacted Metropolitan Police Department detectives to report the conversation with Leavitt. Detectives interviewed Leavitt and presented the matter to the district attorney’s office, but attorneys there said that no crime had occurred.

Asked about the initial conversation with the Review-Journal reporter, Leavitt insisted that it was not his intent to menace or threaten anyone with his comments.

“I’m telling you 100 percent that was not even remotely what I was referencing,” Leavitt said. “I don’t condone violence in any way, shape or form.”

Leavitt said he referenced German only after offering his condolences for the murder at the start of his interview, and added that he was frustrated that the 1998 incident was being brought up again in this year’s race for judge because of the role it may have played in his loss four years ago.

Election aftermath

Leavitt was also open about the aftermath of the 2018 election, when on Jan. 5, 2019, police were called to his law office where he was found by his son suffering from a self-inflicted gunshot wound to the chest, according to a police report.

The Review-Journal typically does not report on suicide attempts but is doing so in this case because Leavitt is a public figure and is seeking a high-profile job that requires judicial temperament.

Leavitt acknowledged suffering from depression, which he said runs in his family, and said that prior to the suicide attempt, he had been unable to sleep for five days and was suffering from hallucinations. He said two of his family members had taken their own lives, and he was disconsolate over the collapse of a business venture and his loss in the 2018 election.

After being treated for the wound at University Medical Center, he said, he spent two to three weeks in a psychiatric ward and was on anti-depressants. But now, nearly four years later, he says he’s overcome his depression, in part through exercise, and sees no impediment to serving on the bench.

“But the good news is, I’ve never felt better,” he said. “I’m at the top of my game. This was almost four years ago. Depression doesn’t last forever. … I’ve never been better, and I’m off my anti-depressants. The only thing I’m doing now is a little bit of walking and I recently added a Bowflex to my guest room. And, like I said, never felt better. So that’s the current status.”

Dispute with Rogers

Leavitt was also at the center of a public dispute involving then-interim university system Chancellor Jim Rogers, the mercurial former owner of KSNV-TV, Channel 3, and other television stations around the west. Rogers wrote a letter to the board’s then-chairman, Bret Whipple, threatening to quit if Leavitt was made chairman of the board.

“James Dean’s lust for power along with his total lack of knowledge and sophistication in the operation of any large organization makes it impossible to deal with him,” Rogers wrote. “Every week is worse than the previous week.”

Shortly after the letter was sent, Leavitt called for Rogers’ resignation, which promptly came in a two-word memo, “I quit.”

But the resignation was short-lived; the pair met for dinner and smoothed over their differences, and Rogers offered a written apology. They worked together after the incident, including on the creation of a medical school at UNLV.

Appointed incumbent

Gall was appointed to the bench after the Commission on Judicial Selection nominated her and two other candidates for Sisolak to consider.

“I have the legal acumen and legal expertise, and the legal experience, to sit on this court and to make decisions from the bench,” Gall said.

Gall, 42, graduated from the University of Kentucky College of Law in 2006 and has been a member of the State Bar of Nevada since 2016. She practiced complex commercial litigation for 15 years before her appointment, including at the firm of Ballard Spahr.

Although she currently oversees civil cases, she said she would be comfortable overseeing criminal cases as well.

“The field of law is so broad, in my view if any one person says that they’re experienced in all fields, I would highly question that statement,” she said. “Because in my view, it’s impossible to know everything when you come to the bench.”

Leavitt has criticized Gall for a lack of criminal experience, saying she’s only qualified to do half the job of a judge. Leavitt has practiced in the criminal arena for years.

If elected, Gall said she would like to find ways to make it easier for others to navigate the court system, especially in civil cases where people aren’t guaranteed an attorney the way they are in criminal matters.

“I see access to justice as the No. 1 problem we have in the justice system at the moment,” she said.

If you’re thinking about suicide, or are worried about a friend or loved one, help is available 24/7 by calling or texting the Lifeline network at 988. Live chat is available at 988lifeline.org.

Contact Steve Sebelius at SSebelius@reviewjournal.com or 702-383-0253. Follow @SteveSebelius on Twitter. Contact Katelyn Newberg at knewberg@reviewjournal.com or 702-383-0240. Follow @k_newberg on Twitter.