JUDGING THE JUDGES 2010: Most judges won't discuss low scores

JUDGING THE JUDGES 2010: Most judges won't discuss low scores

Las Vegas Review-Journal May 13, 2010
By Frank Geary, Las Vegas Review-Journal

May 13--Exercising their right to remain silent, most Southern Nevada judges refused to discuss why attorneys gave them dismal scores on knowing the law and the facts of cases before them, applying both, and explaining their decisions.

A third of the criteria on which attorneys are asked to rate judges, in the biennial Judicial Evaluation Survey conducted by the Review-Journal, involve knowledge and application of the law and facts.

The report card from hundreds of attorneys -- who win and lose in court for a living -- provides insight into those on the bench who are the brightest, the above average, the acceptable and the ill-equipped for the job.

Of the 25 judges in Clark County District Court, Judges Jessie Walsh, Stefany Miley and Michelle Leavitt received the worst scores on those core questions.

Each declined to comment on their ratings after nearly half, or more, of the attorneys who responded rated them "less than adequate," with the remainder rating them either "adequate" or "more than adequate."

The questions involved the judges demonstrating familiarity with the case before them, making appropriate rulings in it, properly applying law and court rules and making it clear why they ruled as they did.

Other judges who scored poorly on those survey questions, and who also declined to discuss their grades publicly, included Family Court Judge Cynthia Dianne Steel, Las Vegas Municipal Court Judge George Assad and Nevada Supreme Court Justice Nancy Saitta.

Judges who received some of the best ratings on those questions were District Court Judges David Wall and David Barker, Family Court Judges Frank Sullivan and Gloria Sanchez, Justice of the Peace Joseph Sciscento, Las Vegas Municipal Court Judge Bert Brown and state Supreme Court Justice Mark Gibbons.

Mary M. Cheh, a law professor at George Washington University in Washington, D.C., whose specialities include criminal law and procedure, said such surveys are helpful in states that elect judges.

After all, voters aren't as familiar with them as attorneys. However, for attorneys responding anonymously who have had a particular judge rule against them, such a survey may be more of a popularity contest than a measurement of ability, she said.

"Lawyers are the first line, but they also have an interest in the outcome" of cases, Cheh said. "The judges should take the survey results to heart, but it may be that lawyers are responding to judges being hard on them."

CLARK COUNTY DISTRICT COURT

Walsh had the worst score of District Court judges, followed by Miley and then Leavitt, on questions involving knowledge and application of the law.

Attorneys also were allowed to make anonymous comments, some more crude and candid than others. With each of the three judges, the criticism was harsh and flattering comments were few.

The 8th Judicial District Court is the largest general jurisdiction court in Nevada and serves all of Clark County. The court presides over more than 90,000 criminal and civil cases a year.

For Walsh, who did not return calls, comments included "Unknowledgeable and often lost in her own thoughts on the bench" and "Judge completely disregarded applicable law and decided case on how she felt it should turn out."

For Miley, who declined to comment after seeing the survey results, criticisms included "She's just too stupid. She's a person who has gotten through life on good looks and a little smarts" and "Dumb as a rock, but sexy as hell" and "The facts don't seem to matter and the law is not followed. As a Family Court judge she was a disaster. She is quickly proving as a District Court judge to be an even greater disaster." Positive comments about Miley included "Very pleasant" and "She is a fair, open and honest judge. I respect her."

With regard to Leavitt, who did not return phone calls, negative comments included "She is not smart and she does not work hard. That's a dangerous combination" and "This judge has also been inclined to make her rulings fit the way she wants them to come out." The few positive comments included Leavitt "is one of the bravest judges on the bench. She is willing to make difficult decisions."

Wall and Barker, both former Clark County prosecutors, received the best scores among the 25 District Court judges on the four survey questions involving knowledge and application of the law.

For Wall and Barker, 10 percent or fewer respondents rated them "less than adequate" on each of the four issues.

"It's gratifying. To me, it's a department-wide score. Everybody (from my office) who comes in contact with the attorneys ... is as responsible for that (score) as I am," Wall said. "We strive to be prepared and to do the best job we can. It's good to know people appreciate that."

Approximately 300 attorneys responded to questions about Wall. Anonymous comments were predominantly positive, such as, "His rulings and analysis are above the norm. He can handle complex civil arguments and offers well-reasoned rulings."

Barker said he believes attorneys like the fact he is decisive.

"The worst thing for a judge to do is fail to make a decision," he said.

Positive comments from the approximately 260 attorneys who graded Barker included, "He gives a great deal of thought to most of the decisions he makes and generally uses his long experience as a prosecutor in a good, fair way."

CLARK COUNTY FAMILY COURT

Of the 18 Clark County Family Court judges, Cheryl B. Moss received the worst scores on the four key questions. She was followed by Steel and Kenneth Pollock, who is running for a newly created District Court seat even though he has served only one year in Family Court.

Family Court oversees cases involving divorce, annulments, child custody, visitation rights, child support, spousal support, community property division, name changes, adoption, and abuse and neglect .

More than half of the approximately 130 attorneys who responded rated Moss "less than adequate" on two questions (ruling appropriately and applying laws and rules properly), while about 45 percent rated her "less than adequate" on demonstrating familiarity with her cases and explaining her decisions.

Moss said she was perplexed by the scores, and that her track record suggests she is a better judge. Moss said she reads every case twice to familiarize herself, and that the state Supreme Court has overturned her rulings only five to 10 times during her decade on the bench.

"If I was continually misapplying the law, wouldn't I have more reversals and more appeals?" Moss said. "They (respondents) maybe have a different impression because I am judge who asks a lot of questions and some attorneys don't like that."

Moss said she regularly attends the Judicial Education Conference, where judges from around the country learn new practices, and that state records show she has taken more than 500 hours of judicial education classes.

Criticisms included, "Continually demonstrates a lack of ability to grasp the facts of the matter. ... Lacks both the temperament and capability to be on the bench." Even positive comments were seasoned with criticism, such as "Judge Moss seems to be very dedicated and genuinely cares about being a good judge, she just does not have a firm understanding of the law."

Steel, who didn't return phone calls after receiving the survey results, has not scored well in past judicial surveys. Nearly half the respondents or more rated her "less than adequate" on three of the questions, and 41 percent rated her "less than adequate" on the fourth.

Criticisms included "She makes up her own law and applies that to cases instead of the published laws she should be following" and "Judge Steel either doesn't know the law or she ignores it. She injects her own beliefs and feelings into almost every ruling she makes, ignoring the law and demeaning the litigants and the attorneys when she speaks." The positive comments about Steel included "Cares very much about everyone in her courtroom."

For Pollock, 54 percent of respondents rated him "less than adequate" on two of the core questions and 41 percent rated him "less than adequate" on the other two questions.

He said his poor scores are more about campaign politics than performance. With only 98 attorneys rating Pollock, he says it's possible that those who gave him poor scores are supporters of Susan Scann, his opponent in the upcoming District Court election.

A better measurement of performance, Pollock said, is 2009 data that shows he heard more motions than any other Family Court judge, that he ranked second in the number of bench trials and evidentiary hearings heard and second in case management conferences heard.

"There seems to be a disconnect between perception and reality," Pollock said. "I aggressively manage the docket, which may upset some attorneys because it means I am taking control of the case rather than them."

Criticisms of Pollock from attorneys far outweighed the positive. They included "Does not have a clue. This is a typical 'can't practice law, so I'll be a judge' kinda guy" and "Sometimes I cannot tell if he is plain dumb or if he overthinks things. He makes up policy that is particular only to his courtroom. Frankly, he does not know what he is doing in Family Court."

Positive comments included "A big reason that Family Court is improved -- vast improvement over Lisa Brown" and "New to the bench, but growing quickly; takes great pains to consider all sides."

Judge Frank Sullivan and Clark County Family Court Presiding Judge Gloria Sanchez were the Family Court judges who scored best on the four survey questions measuring knowledge and application of the law.

"I don't think I'm a brilliant guy," Sullivan said. "The key to doing a good job is patience and compassion. If you make a bad decision, it should never be for lack of preparation. ... I think it makes attorneys comfortable that I know a lot about issues."

Positive comments about Sullivan include, "He is very thoughtful and takes time to understand and apply the law to the facts," and "Judge Sullivan worked as a master for juvenile neglect and abuse cases for a long time prior to be voted in as a family court judge. He is truly one of the best." One of the few criticisms of Sullivan was, "Needs to be much tougher on the party who violates court orders, lies and/or does not comply with the rules."

As presiding judge over Family Court, Sanchez said she oversees informal meetings every six weeks, at which all the Family Court judges are invited to meet with family law attorneys to discuss common concerns. The meetings may focus, for instance, on the court's interpretation of recent state Supreme Court rulings, Sanchez said.

"I am very thrilled. I work really hard. I read every case and every brief ... and I try to give everybody their say," Sanchez said of her positive survey results.

Comments were predominantly positive, such as "Judge Sanchez is a shining star of the Family Court bench. She is extremely knowledgeable of the law and is consistent and thorough in her rulings."

CLARK COUNTY JUSTICE COURT

Of the 18 justices of the peace in Las Vegas, Henderson and North Las Vegas, Las Vegas Justice of the Peace Karen Bennett-Haron had the poorest score on the four questions involving knowledge and application of the law.

While they were much better than the poorest scores in District Court and Family Court, 30 percent to 40 percent of the approximately 165 respondents graded Bennett-Haron "less than adequate" on the four survey questions involving knowledge and application of the law.

Las Vegas Justice of the Peace Eric A. Goodman had the second worst scores, followed by Las Vegas Justice of the Peace Nancy Oesterle.

Clark County Justice Court administers criminal probable cause reviews, arraignments and preliminary hearings, as well as trials for misdemeanor and traffic cases. The court's civil jurisdiction includes small claims, and other civil cases for values up to $10,000, eviction proceedings and traffic violations.

Bennett-Haron said her scores are not a true reflection of her ability, and the results are skewed because prosecutors and public defenders are more likely to respond to the survey than are attorneys in other areas of the law.

"It is something I have always wanted to do ... to be of service to the community," Bennett-Haron, the first black woman appointed to Justice Court said when asked why she became a judge. "When you can bring diversity to a diverse situation, that impacts people from all walks of life and that is a good thing."

Criticisms included "Likely the least intellectually capable judge sitting on the bench today. That she has the authority to sentence people to jail scares the hell out of me" and "She does not know the law as well as she thinks she does and her decisions are often motivated by what she thinks the end result should be, rather than what the law says."

Las Vegas Justice of the Peace Joseph Sciscento had the best score followed by Henderson Justice of the Peace Rodney Burr, Henderson Justice of the Peace Stephen George and Las Vegas Justice of the Peace Melanie Andreas-Tobiason.

"I think it's generally true that lawyers who have a lot of experience appearing in Justice Court make good Justice Court judges," Sciscento said. "From my experience, I know what it takes to run an efficient courtroom."

Positive comments about Sciscento's performance include "Very prepared, very straightforward, very humorous, very smart" and "Plays it fair" and "Does the right thing on the right cases."

CLARK COUNTY MUNICIPAL COURTS

Of the 11 municipal judges rated, Las Vegas Municipal Court Judge George Assad and Henderson Municipal Court Judge Diana Hampton scored far worse than others on four questions involving a judge's knowledge of the law and the cases.

The judge with the best scores was Las Vegas Municipal Court Judge Bert Brown. He was followed by Judges Martin D. Hastings and Cedric A. Kerns, also of the Las Vegas Municipal Court, which has jurisdiction over misdemeanor criminal offenses committed within city limits.

For Assad, two-thirds of approximately 115 respondents rated him "less than adequate" on two of the four questions, and more than half rated him "less than adequate" on the other two.

Criticisms included "Two words, nut case" and "ruthless dictator who tramples over the Constitution and people's rights."

For Hampton, half or more of the respondents rated her "less than adequate" on the four questions. She said attorneys are tougher in ranking judges like her because "In Municipal Court, we do everything. We're judge, jury, and executioner, if you will. Because we are all three of those things, I think people tend to be much harsher on Municipal Court judges if they don't get a ruling that goes their way."

Criticisms from the approximately 55 attorneys who responded on Hampton included "Power has gone to her head. No sense of fairness" and "So mean. So bad. Married to a cop and plays cop on the bench." Among the relatively few comments about Hampton, none was positive.

STATE SUPREME COURT

Of the seven state Supreme Court justices, two judges from Southern Nevada had by far the best and worst scores on the four knowledge-based questions. Former District Court Judge Mark Gibbons had the best scores, and former District Court Judge Nancy Saitta scored far worse than any other.

Of the approximately 315 respondents on Saitta, between 41 percent and 46 percent rated her "less than adequate."

Criticisms included "Wouldn't make her a judge of a pie eating contest let alone the NV S. Ct." and "Completely unqualified for the job. Her own colleague at the Supreme Court recently reversed one of her rulings as a District Court judge calling her actions a 'manifest abuse of discretion.' " Positive comments include "Saitta is motivated to do the right thing."

Meanwhile, Gibbons received "less than adequate" ratings from no more than 13 percent of respondents on any of the attributes rated for Supreme Court justices. About 300 attorneys weighed in on each question.

"I try to do my best as a judge in applying the law and in following the general precedents," Gibbons said.

Positive comments about Gibbons far outweighed the negative. They included "May not always agree with conclusions he reaches but no question about the fact that he arrives at his conclusions after thorough, thoughtful deliberation."

Criticisms of Gibbons include "Shows a marked lack of interest in criminal cases."

Contact reporter Frank Geary at fgeary@reviewjournal.com or 702-383-0277. Reporter Alan Maimon contributed to this report.

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