Justices remove ban on judge
District Court officials spent Thursday evening preparing for two people to appear at the courthouse today: Michael Jackson and District Judge Elizabeth Halverson.
The King of Pop is expected to appear for a hearing regarding a civil lawsuit he filed. But it’s Halverson who has been the talk of the Regional Justice Center for months. She was banned from the building May 11 after she violated security protocol and brought her two private bodyguards into secured areas.
The Nevada Supreme Court ruled Thursday that the embattled judge could return to work today.
The justices also ruled that Halverson must comply with court security procedures.
Halverson’s lawyer and her spokeswoman, Kathy Kubik, each said Thursday afternoon that they expected Halverson to take the bench today, but they were unable to say for certain that she would. Halverson could not be reached for comment.
“There’s reasons why she hasn’t decided if she’s going back,” Kubik said at 6 p.m., declining to elaborate.
Court officials said they assume she’ll show up because the Supreme Court pulled out the senior judge, who had been presiding over Halverson’s cases since Halverson’s ejection. There are three cases on Halverson’s docket for this morning.
It was also unclear if she’ll follow court protocol and leave her bodyguards behind.
“A district court judge has complete independent authority of hiring and firing staff,” Halverson’s attorney Bill Gamage said Thursday.
He was confident the details could be worked out.
“Obviously they (the bodyguards) have to have background checks,” he said.
Court officials were pleased with the decision because they said the crucial issue for them was that Halverson had to follow the rules regarding court security. They interpreted Thursday’s decision to mean that Halverson could not bring her bodyguards to work until they had gone through the proper security checks, which can take about a week.
“All I’ve ever wanted is to have these issues addressed,” said Hardcastle. “I’m a firm believer in the orderly process of law and what we’re doing is following the process.”
Halverson previously said she hired the bodyguards due to “heightened tensions” in chambers related to heated personnel issues. She has said she feels court administration is against her.
Since her forced hiatus, court administrators and Halverson have traded accusations.
There will be additional security on hand at the Regional Justice Center today, but Short said the guards are there for Jackson, who may testify in person in his lawsuit against Universal Express Inc.
“We’re professionals. You can’t allow any personal feelings to interfere with the job of providing justice. There’s just no place for that,” said court administrator Chuck Short.
If Halverson feels she needs additional security, court officials will work to accommodate her needs, he said.
Hardcastle agreed Halverson’s return would not cause problems and the status quo would continue.
“This whole thing has been in her mind, not mine,” Hardcastle said.
Justices Nancy Saitta and Michael Douglas said in a concurring opinion that they believed Halverson should have to enter through the main public security entrances, which have metal detectors, instead of the private entrances judges traditionally access. That opinion, though, is not an order.
“I do hope based on what transpired today the court understands, at least, her security concerns,” Gamage said.
Halverson’s attorneys also filed a writ with the court to secure a hearing in which Hardcastle must justify actions she’s taken against Halverson since April, including requiring her to meet with a panel of three veteran judges for counsel, removing her criminal caseload and barring her from the courthouse.
Gamage said he hoped to have a full hearing so justices can determine whether Hardcastle had the authority to take Halverson’s criminal cases.
The justices asked Hardcastle to respond to Halverson’s writ by May 23. They will then decide how to proceed. Hardcastle is represented by the attorney general’s office.
“I see it as a very conservative approach by the Nevada Supreme Court,” Gamage said. “I’m very happy. Obviously they’re taking this matter extremely seriously. I look forward to the answer to the chief judge, which by the way I think it’s a rather quick turnaround time.”
Halverson has said she hired the private unarmed guards because court officials last month took away the bailiff she hired in January when she took the bench.
Court officials said they had no choice because that bailiff filed a complaint against her with the Clark County Office of Diversity and was reassigned. They cannot replace him until the complaint has been investigated and they have rotated administrative bailiffs to provide security in Halverson’s courtroom.
They said their concerns about the bodyguards included that they didn’t know whether Halverson’s bodyguards were armed or whether they had criminal histories.
Halverson said she wanted to hire the two bodyguards to be her judicial executive assistant and her bailiff, but Halverson said at least one of them was turned away when he tried to get his application processed. That was the same day court officials announced that Halverson had been banned from the courthouse.
They had said she could return if she agreed to meet with judges about the security concerns. That announcement also stated the bodyguards would be arrested if they returned to the courthouse.
Halverson said she didn’t want to meet with the judges because she questioned whether they had the authority over her.
Court spokesman Michael Sommermeyer said Thursday if Halverson wants to hire the guards, they’ll have to have background checks, which can take a week to two weeks at the most.
But until then, “We feel the order is clear. She will be assigned a temporary administrative bailiff to assist her in her duties to escort her through the building and to provide security in her chambers,” he said.
