Las Vegas Justice of the Peace tearfully remorseful in reprimand hearing
RENO — Las Vegas Justice of the Peace Melanie Andress-Tobiasson on Friday gave several hours of testimony, sometimes tearfully, expressing her remorse and regret in signing an order to help an attorney she knew with a Canadian divorce case.
Andress-Tobiasson appeared before the Nevada Commission on Judicial Discipline nearly three years to the day since she signed the order.
On Feb. 12, 2014, former Las Vegas attorney Jennifer Bolton, who was terminally ill with cancer, visited Andress-Tobiasson seeking help with a divorce from Vivian Wright-Bolton, whom she wed in Canada in 2004.
That evening, Andress-Tobiasson researched Canadian law and signed an emergency order that moved along divorce proceedings without notifying Wright-Bolton. As a result of the order, the Canadian Supreme Court granted Bolton a divorce on February 26, 2014.
“This was an anomaly,” Andress-Tobiasson testified. “This was such a different unique situation … I was wrong. I understand I was wrong.”
Kathleen Paustian, the commission’s special prosecutor, said the case is unusual but also a very simple one where the judge clearly went out of her jurisdiction and didn’t follow the law.
While testifying, Andress-Tobiasson said she viewed her initial order only as a step needed for Bolton to commence divorce proceedings in Canada.
“I feel very foolish that I didn’t understand the long-term and serious implications of signing the document,” Andress-Tobiasson said.
After discovering what happened, Wright-Bolton contacted the Las Vegas Justice Court’s chief judge, Karen Bennett-Haron. A month later, after conferring with the chief judge, Andress-Tobiasson rescinded her first order with a new one that read: “This court does not believe that a law in another country can expand the authority of a limited-jurisdiction justice court in Nevada.”
Bolton died in April 2014.
Andress-Tobiasson also faces a civil federal lawsuit from Wright-Bolton. The lower federal court ruled that the judge had appropriate jurisdiction, but the case has been appealed to the 9th U.S. Circuit Court of Appeals in San Francisco.
In closing arguments, Andress-Tobiasson attorney William Terry asked the commission to look at the totality of her law career, which includes volunteer work in a program that helps people in tragedies.
“This is not a situation that’s going to reappear,” Terry said.
In her closing remarks, Paustian blasted Andress-Tobiasson for signing an unauthorized order without giving notice to one of the parties involved and only rescinding it after the mistake was discovered.
“That’s not the action of a judge who’s acting fairly or impartially,” she said.
The commission has the authority to issue any penalty, up to removal from office. The prosecutor is asking for a letter of reprimand and a $1,000 fine.
Terry asked for a lesser penalty with a letter of warning. The commission will issue a written decision this month. Andress-Tobiasson and her attorney declined comment after the hearing.
Contact Ben Botkin at bbotkin@reviewjournal.com or (775)461-0661. Follow @BenBotkin1 on Twitter.
