A Little Censure And Reprimand

  • Law
  • Judge Erika Ballou entered into a stipulation and order of consent to public censure with the Nevada Commission on Judicial Discipline. [NCJD; RJ; 8NewsNow]
  • Judge Michele “Shell” Mercer entered into a stipulation and order of consent to public reprimand. [NCJD]
  • Death in LVAC gym pool leads to lifeguard rule change. [8NewsNow]
  • U.S. Supreme Court strikes down ATF ban on bump stocks. [RJ; Fox5Vegas]
  • Nevada getting $6M in Johnson & Johnson settlement. [RJ]
  • 35 French Bulldogs seized from home in bust of suspected illegal breeder. [KTNV]
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Anonymous
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Anonymous
June 14, 2024 9:49 am

Unsurprisingly DA Wolfson appears to be bringing back his petition to recuse. I imagine it will be denied again but he gets to have his media spotlight to rail against her. Whatever one thinks of the Hon. Judge Ballou these removal proceedings are going to cast a shadow over all of her cases.

Anonymous
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Anonymous
June 14, 2024 10:34 am
Reply to  Anonymous

Maybe let Rebecca Wolfson ghost write the next one I hear she has vast skill and experience in handling complex matters.

Anonymos
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Anonymos
June 14, 2024 10:39 am
Reply to  Anonymous

Hahahaha

Anonymous
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Anonymous
June 14, 2024 11:18 am
Reply to  Anonymous

🙂

Anonymous
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Anonymous
June 14, 2024 11:22 am
Reply to  Anonymous

I do not necessarily think it will be denied again. SHJ said that Wolfson went out the process of seeking disqualification in the wrong way and should have directed the disqualification to the Chief Judge (Wiese) in one of the actions where disqualifiable bias occurred. Wolfson is doing exactly that.

As far as a shadow, Judge Ballou’s incompetence in civil matters and bias in criminal matters is casting its own shadows.

anonymous
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anonymous
June 14, 2024 1:55 pm
Reply to  Anonymous

I had a civil trial in front of her. She was fine. The fact that I won the case, along with about 80% of motions and trial objections may or may not be influencing my opinion.

Anonymous
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Anonymous
June 14, 2024 11:22 am

Ballou won’t step down, even though she certainly should. She has no realistic job options off the bench that would pay her as much as she’s making on the bench. That’s kind of sad for her.

At some point she’ll have to run in an election. Whoever runs against her in that department will not have to worry abount campaign funding.

Anonymous
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Anonymous
June 14, 2024 1:25 pm
Reply to  Anonymous

As an old criminal defense practitioner, I would rather have the lenient devil I know, than the (likely stricter) DA I don’t…

Anonymous
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Anonymous
June 14, 2024 1:43 pm
Reply to  Anonymous

As a citizen and parent, I’d rather have the maniacal criminals in jail.

Anonymous
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Anonymous
June 14, 2024 11:44 am

Anyone know of other Family Court judges that are in trouble with Judicial Discipline? I am sure there are many petitions floating around there pending final stipulations or a formal hearing. Who has the scoop on this?

Anonymous
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Anonymous
June 14, 2024 12:46 pm
Reply to  Anonymous

I know of a family court judge who granted substantive ex parte relief recently. She should expect her complaint to the commission soon.

Anonymous
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Anonymous
June 14, 2024 3:53 pm
Reply to  Anonymous

Bingo.

Anonymous
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Anonymous
June 14, 2024 12:29 pm

Judicial Conduct
What is it about Las Vegas? It seems like every year one or two southern Nevada judges gets hit with a discipline case.

Anonymous
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Anonymous
June 14, 2024 12:34 pm

I like Shell personally. She is a good hearted but often lazy jurist. However not understanding that you cannot contact another judge’s staff and go sit in another judge’s courtroom is just silly. She should know better than that.

Anonymous
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Anonymous
June 14, 2024 12:47 pm
Reply to  Anonymous

I don’t think she’s lazy. I think she’s overwhelmed. She’s a good judge and brave enough to make some tough calls when necessary, but I agree. That was silly and she definitely should have known better.

Anonymous
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Anonymous
June 14, 2024 4:08 pm
Reply to  Anonymous

She should know better. Fran Fine got in trouble for the same thing.

Anonymous
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Anonymous
June 14, 2024 8:08 pm
Reply to  Anonymous

Fran Fine was a judge when I took on my first job as a runner in the 90s. How is it that I’ve seen her referred to twice in two days?

Anonymous
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Anonymous
June 14, 2024 4:15 pm
Reply to  Anonymous

Judges are not allowed to sit in another judges court room? Like in the gallery? Really? Because I have seen this happen.

Anon
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Anon
June 14, 2024 8:14 pm
Reply to  Anonymous

Anyone google the name of the guy she was supporting and advocating on behalf of? Wowza. Talk about piss poor judgment.

Anonymous
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Anonymous
June 14, 2024 9:33 pm

That last bit from the commission about rejecting her mitigating factors is wild. Seems out of the spirit of a stip, but if they really believe she is lying, wouldn’t that be an additional violation of the canons?

Anonymous
Guest
Anonymous
June 15, 2024 10:15 am
Reply to  Anonymous

So all they said was that Ballou argued for certain mitigating factors which were rejected by Commission. More likely what happened was in the course of negotiating the Stip, the Commission rejected them. Ballou said well I want them in there. Commission said we can put that you argued for them and we rejected them.

Anonymous
Guest
Anonymous
June 15, 2024 1:23 am

Responding to an ethical complaint by posting Cardi B lyrics for two days straight is wild. Absolutely bizarre behavior.

But, it kind of mirrors her application of the law –completely unhinged and without any logic or rationale.

Anonymous
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Anonymous
June 15, 2024 1:51 am

I never realized how many judges receive censure, and how often it’s Nancy Saitta. https://abusivediscretion.com/?s=Nevada

Anonymous
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Anonymous
June 17, 2024 12:20 pm
Reply to  Anonymous

Nancy’s ceiling as a jurist was the LV Muni Court. She was never really qualified to be on the District or Supreme Courts. Connections take you a long way in Nevada.

Anonymous
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Anonymous
June 17, 2024 12:46 pm
Reply to  Anonymous

Her time as a DC judge was before mine, but I can tell you that she’s an excellent settlement judge.

Anonymous
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Anonymous
June 17, 2024 12:51 pm
Reply to  Anonymous

As a trial judge she wasn’t necessarily the best, but she certainly wasn’t the worst either. As a mediator she is outstanding.

Anonymous
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Anonymous
June 17, 2024 1:11 pm
Reply to  Anonymous

She is very good at relating to people; however if she was an attorney like Paul Haire who was good relating to people, she would not nearly be as successful as a settlement judge as she is. What makes her successful is that she trots out “Nevada Supreme Court (Ret)”. She was not that effective in CD when she would poke her nose into mediations.

Anonymous
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Anonymous
June 17, 2024 3:33 pm
Reply to  Anonymous

CD is a grift, not real law. Cookie Law. Doesn’t count.

She is a great mediator/settlement judge.

Anonymous
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Anonymous
June 17, 2024 1:12 pm

No mention of the Real Water decision on Friday for $90M in compensatories and $3B in punitives?

Anonymous
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Anonymous
June 17, 2024 2:29 pm
Reply to  Anonymous

Real Water but not Real Money. The company is bankrupt.

Anonymous
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Anonymous
June 17, 2024 2:56 pm
Reply to  Anonymous

my thought exactly as well. might as well brag about getting a default judgment

Anonymous
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Anonymous
June 17, 2024 3:05 pm
Reply to  Anonymous

They got a bunch of money from the other defendants. A whole bunch.

Anonymous
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Anonymous
June 18, 2024 10:36 am
Reply to  Anonymous

@3:05p – any idea what they’ve gotten from the other defendants $$ wise? I reviewed the BK case and they stip’d to relief from stay and restricted recovery to insurance policies of the debtor and nothing from the debtor/BK estate. The entity in Tennessee was found not liable and it had some insurance policies but ones that may have been canceled due to non-payment of premiums.

Anonymous
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Anonymous
June 17, 2024 3:47 pm
Reply to  Anonymous

Got a case No? There’s been several Real Water cases. Thanks!

Anonymous
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Anonymous
June 17, 2024 4:50 pm

Kudos to whomever fixed the issue(s) with the Supreme court search tool.

Anonymous
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Anonymous
June 17, 2024 5:21 pm

Currently there is a 3 day hearing on a prosecution of a PD go issuing a subpoena dt without court authorization. Subpoena to Metro. Judges are divided on this. There is no rule. What kind of bs is this? Hooge is a little outmatched by Dominic.

Anonymous
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Anonymous
June 17, 2024 5:59 pm
Reply to  Anonymous

That’s not really a high bar

Anonymous
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Anonymous
June 17, 2024 7:13 pm
Reply to  Anonymous

I was wondering if we’re going to talk about this. Quick question, if the law is unsettled (which it isn’t the statute does not at all say what Metro wants it to say), why isn’t metro’s attorney in the same hot water for asserting an unsupported legal premise?

Anonymous
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Anonymous
June 17, 2024 9:25 pm
Reply to  Anonymous

Case?

Anon Please
Guest
Anon Please
June 17, 2024 9:27 pm
Reply to  Anonymous

The whole thing is ridiculous. The PD is not harming her client by advocating under the 6th Amendment. The records subpoenaed are public records that Metro would happily provide to a DA under a subpoena (or even without one) how is it fair to deny equal access to public records to the Public Defender? This is nothing but a witch hunt!

Anonymous
Guest
Anonymous
June 18, 2024 6:48 am

Bar case is State Bar v Sarah Hawkins. On bar’s Zoom today and Thursday. Metro COR testified that no subpoena required at all for DA even though DA doesn’t represent Metro.