Safety and security concerns prompted Chief Judge Kathy Hardcastle to issue an order this afternoon (May 10) barring Judge Elizabeth Halverson from reentering the Regional Justice Center (RJC) until further notice. In addition, Stephen Fortune and Nickolas Starling were named in the order and have been similarly barred from the courthouse. A copy of the order is attached.
The action follows disruptive behavior and conduct by Judge Halverson, which compromised courthouse security. Starling and Fortune, acting on behalf of Halverson, prevented Clark County Courts Bailiffs from investigating a security threat alleged to have been made against Judge Halverson Wednesday (May 9) afternoon following a 911 call made by Judge Halverson. In addition, Judge Halverson provided her private and on-duty employees, Starling and Fortune, access to secured judicial areas and escorted them through courthouse security without obtaining the necessary background checks and fingerprinting required of all Clark County Courts employees.
Since taking the bench in January, Judge Halverson has indicated her distress, made multiple claims that court employees are acting against her wishes, and repeated claims that she cannot trust anyone in the courthouse.
Based upon concerns for the safety of all judges and employees of the Regional Justice Center, Chief Judge Hardcastle determined it was necessary to prohibit Halverson, Starling and Fortune from entering the Regional Justice Center until Judge Halverson agrees to meet with the Judicial Executive Committee to discuss security issues and provide assurances that disruptive behavior and threats to courthouse security will no longer continue.
Judge Halverson notified the District Court Wednesday (May 9) that she had employed Starling and Fortune as her private bodyguards. This decision came in response to the reassignment of her judicial bailiff to another assignment within the court. Subsequently, Judge Halverson notified the District Court this afternoon that she intended to hire Starling as a judicial executive assistant and Fortune as a judicial bailiff. Clark County standards will require both individuals to submit an application, complete a background check and be fingerprinted. In addition, prospective bailiffs have one year to show they have completed police officer standards training (POST) and they also must pass a weapons certification test before they are allowed to carry a firearm.
In April 2007, the individual hired by Judge Halverson to serve as her judicial bailiff filed a complaint with Clark County’s Office of Diversity. Federal law prevents the judge or the District Court from taking any punitive actions against the employee and preserves his status as an at-will employee during an internal investigation. Consequently, the bailiff was reassigned to protect his rights as an employee pending the investigation. In the interim, administrative bailiffs have been assigned to Judge Halverson to serve as her active judicial bailiff. Typically, judicial bailiffs escort judges to and from their cars, when entering the courthouse and they maintain decorum in the courtroom.
Judge Halverson refused the services of administrative bailiffs except for maintaining decorum in her courtroom and at no point did Judge Halverson consult with building security, the Chief Judge or the Executive Committee of her alleged security needs. In addition, court security was unaware of the judge hiring any private security to protect her while on the bench due to any perceived safety concerns.
Additional judicial security has not been authorized by the Chief Judge and private bodyguards are not required to ensure safety within the Regional Justice Center (RJC), which is considered a high security environment and must maintain protocols to ensure the safety of all judges and individuals working in the building. In addition, the RJC is served by more than 100 bailiffs, marshals and capitol police who are mandated to provide security inside and outside the building. Judge Halverson’s actions of hiring two body guards, escorting them through security and violating security protocols ultimately placed everyone in the building at risk.
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