Can Judges be Removed from Cases?

Allegations of egregious behavior have led the District Attorney in Clark County to request that Judge Ballou be removed from all cases the office is prosecuting. The appeal went straight to Chief Judge Wiese, and dates back to a case going back over a decade.

The Case 

After being indicted for engaging in a violent spate of crimes, Judge Ballou vacated the conviction of Mia Christman in 2013. An appeal was filed with the Nevada Supreme Court, but the orders issued from that court were ignored by Ballou more than once. Ultimately Christman was ordered to go back to prison and finish out her sentence, and Ballou had five ethics complaints filed against her by the D.A. His argument to the Chief Judge is that Ballou should only be allowed to handle civil cases as long as the complaint against her remains pending. As these are not the first ethics complaints levied against Ballou, it seems she has not learned to clean up her behavior to the satisfaction of the D.A.

What Usually Happens When Judges Break Oaths or Laws? 

It may surprise some people to learn that about 90 percent of judges across the country who clearly violated their oath of office, and sometimes, even violated the law, managed to keep their jobs. Examples of behavior that was unethical or worse include:

• A judge who sentenced a single mom to nearly 500 days behind bars due to unpaid traffic tickets was required to endure an 11-month suspension without pay;
• Three judges who got into a drunken brawl at 3:00 in the morning (leading to two of them being shot) were able to return to the bench after being suspended.
• A judge who entered the jury room during deliberations to announce that he knew the defendant was innocent because God had told him so simply received a warning and went back to his judging (although the case in question was turned over to another judge).
• A judge who violated nepotism rules by assigning cases to his own son was ultimately allowed to retire after an investigation into the charges.

While it’s true that judges can be removed from a case or from the bench entirely, it doesn’t happen often.

Judicial Oversight 

Every state, including Nevada, has an agency to investigate allegations of judicial misconduct, and they have the authority to discipline judges with reprimands and even removal. But some believe that these panels, made up of judges, lawyers, and others associated with the law, tend to err on the side of looking out for the reputation and rights of fellow judges. So, despite thousands of people being impacted by the questionable actions of powerful judges, the system to hold judges themselves accountable is considered by many to be less than above reproach.

Fighting for Justice for You 

The experienced Las Vegas criminal defense attorneys at Lobo Law always fight for the best possible outcomes for you.  To discuss your situation, schedule a confidential consultation in our Las Vegas office today.

Source:

8newsnow.com/investigators/prosecutors-want-judge-kicked-off-las-vegas-criminal-cases/