LAS VEGAS (KLAS) – Erika Ballou, the embattled Clark County District Court docket decide who a public defender accused of retaliating in opposition to her and having intercourse together with her consumer, has voluntarily eliminated herself from the case, the 8 Information Now Investigators have realized.
Anna Stone, a public defender, says in an affidavit to disqualify Ballou from a felony case wherein the 2 have been concerned, that Ballou retaliated in opposition to her for zealously representing her consumer.
Chief decide refuses to take away Las Vegas decide from felony circumstances
“No person should have to worry that the judge deciding their case might wrongfully accuse them of having sex with their lawyer when they are simply arguing for the best interests of their client,” Stone wrote in her 90-page affidavit, which included a number of displays and a corroborating affidavit from one other lawyer. “No lawyer should have to advocate in fear that if the judge dislikes their advocacy, the judge will retaliate by sexually harassing them and their client.”
Las Vegas decide posed in scorching tub with public defenders, faces ethics fees
Stone additionally cited the myriad disciplinary issues involving Ballou and the state Fee on Judicial Self-discipline.
Final yr, the fee mentioned Ballou violated three guidelines requiring a decide to advertise public confidence and keep away from impropriety and the looks of impropriety, to place duties of the judicial workplace earlier than their private and extrajudicial actions, and to point out that they’ll stay neutral.
Final month, the fee added six new counts involving the felony case, which the 8 Information Now Investigators first highlighted. Ballou beforehand admitted she violated a number of ethics guidelines in an unrelated fee case the place she posted a photograph of herself in a scorching tub with public defenders and made feedback about police.
The case from which Stone wished Ballou to be eliminated will now transfer to Dept. 20. Choose Eric Johnson will now take over for Ballou. A listening to scheduled for Wednesday, Could 14, in Ballou’s courtroom is now scheduled for Thursday, Could 15, earlier than Johnson.
Clark County District Court docket Chief Choose Jerry Wiese, talking completely Tuesday with the 8 Information Now Investigators, spoke cautiously about Ballou.
“I really can’t comment on it just because I’m currently, as the chief judge, I rule on all the motions to disqualify, and there is currently a motion to disqualify in front of me,” Wiese mentioned. “So I can’t talk about it.”
Whereas Ballou certainly recused herself, in accordance to courtroom paperwork, a listening to is ready for Could 29 in Choose Wiese’s courtroom with regard to Stone’s affidavit looking for to disqualify Ballou.
Requested how Wiese, as chief decide, would possibly deal with a decide who runs afoul of judicial ethics, Wiese mentioned: “It’s a hard job for the chief. At the same time, it’s not something that, as a chief, I have a lot of control over. We have the Commission on Judicial Discipline that deals with those things. Every judge has their individual discretion on how they handle cases.”
Wiese instructed the 8 Information Now Investigators he can not take away a decide from the bench.
