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Judges normally make rulings on discrimination suits, rather than cause them. But a Nevada judge is turning that truism on its ear. The judge has been charged with creating a hostile work environment and treating courtroom staff like personal servants. In turn, she alleges that the real problem is discrimination based on her physical condition.

 

According to testimony in a judiciary hearing, Judge Elizabeth Halverson requires employees – specifically her bailiff and court reporters — to perform personal services for her ranging from foot rubs and back massages to covering her with her “blankie” for naps. Halverson’s former bailiff says the judge’s treatment left him feeling like a houseboy. When he complained, the bailiff was asked, “Do you want to worship me from near or afar?”

 

According to CNN, the bailiff also complained that he was expected to run the judge’s personal errands, including having her oxygen tank filled. Incidents like these resulted in Halverson being accused of creating a hostile work environment.

 

Accused of unfair Human Resources practices, Halverson responded by hiring her own private security guards. When questioned about that practice, she insisted that the courthouse guards could not be trusted to protect her, because she was so unpopular with staffers.

 

In another incident, Halverson had her husband sworn in so that she could quiz him –under oath – on whether or not he had completed household chores. Perhaps that was because the city had fined the judge for having trash strewn across her lawn and an algae-covered swimming pool. 

 

Following the complaints, Halverson, a 50-year-old district judge, was locked out of her office, suspended from the bench and brought up on judicial misconduct charges. The charges allege that she misused her position to treat her staff like personal valets, and fell asleep on the bench. In open hearings before the Nevada judicial discipline commission, the judge will also answer charges that she tainted juries resulting in unfair verdicts for defendants. 

 

Being found guilty could spell the end of Halverson’s career.

 

Proving that there are two sides to every HR issue, Halverson’s attorney insists that she is the one who is being discriminated against. The judge is morbidly obese, and must use a scooter to get around. She suffers from sleep apnea and must constantly be on oxygen. Diabetes caused a drop in blood sugar that resulted in her falling asleep on the bench, according to Halverson. According to her therapist, Halverson has an adjustment disorder, anxiety and depression.

 

Her lawyer contends that most of the personal services the judge has requested from courtroom staff are “reasonable accommodations” for a disabled employee, under the ADA or Americans with Disabilities Act. He adds that although the judge suffers from a number of physical problems, none should interfere with her being an effective judge.

 

In fact, Halverson’s attorney charges that she is being treated poorly simply because she is grossly overweight.

 

Many of the attorneys who have presented cases before Halverson are afraid to speak out, because they fear it will prejudice the judge against their future cases.

 

“We believe the Judicial Discipline Commission has overreached,” said Halverson’s attorney, John Arrascada. “It’s apparent that some people believe her physical appearance somehow makes her unable to perform her duties as a judge.” He added, “Last time I checked, being a judge doesn’t require a beauty contest.”

 

When the complaining bailiff was reassigned, Halverson hired her own security guards and let them bypass the courthouse metal detectors.

 

There is longstanding animosity between Halverson and her supervisor. After graduating with a law degree from the University of Southern California, Halverson worked as a law clerk for 9 years.

 

During part of that time, Halverson clerked for Judge Kathy Hardcastle, now the chief Clark County District Court judge. In 2004, Hardcastle dismissed Halverson, pointing out that clerking is typically a short-term job that provides on-the-job training, as it were, for lawyers.

 

Halverson retaliated by running against Hardcastle’s husband as a family court judge. Halverson lost the election, but managed to get herself elected to the bench in the fall of 2006, handling both civil and criminal cases.

 

In May, Halverson called 911 to keep court administrators from entering her office on official business. In May, just 6 months after being sworn in, Judge Halverson was locked out of her courtroom by Judge Kathy Hardcastle.  The Chief Judge alleges that Halverson created a hostile work environment, hired an IT specialist to hack into the court’s computer system, and caused mistrials in two sexual assault cases by improperly meeting with jurors.

 

The commission decided that Judge Halverson posed a “substantial threat to the public or to the administration of justice.”

 

Some critics see this as a personal vendetta between Halverson and Hardcastle. A law professor at the University of Nevada Las Vegas, who preferred not to be named, pointed out that judicial removal is usually reserved for corruption or complete incompetence on the bench, not human resource problems.

 

The professor added, “One question you have to ask is, `Is this judge so bad we have to remove her before the voters have a chance to do so?’ “

 

Halverson is a candidate for reelection in August, but she has also filed a motion contesting the election, claiming that the legislature unfairly change the judicial election process. Halverson denies all the allegations and says they are the result of a conspiracy between disgruntled employees and jealous colleagues.

 

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