Justice court is the grassroots of the justice system. The justice of the peace is the front line of the justice system in our smaller communities. Justices of the peace arraign people who have been arrested, issue temporary and extended protective orders, and hear disputes. They deal with traffic stops, domestic strife, drug busts, DUIs, and the gamut of alleged lawbreaking that happens.
In Nevada communities under 100,000, JPs are not required to be attorneys, but they must understand the laws and consequences of the actions and judgments that they make from justice court. Being knowledgeable, compassionate, unbiased and fair are JP qualities. That's especially tricky in good-old-boy small towns, where everyone knows everyone, and judges, lawyers, and law enforcement are colleagues and neighbors.
So the news that Fallon justice of the peace Daniel Ward admitted to ethical violations was not surprising. Most of Judge Ward's ethical violations involved misusing his position. The Nevada Appeal reported that Ward used his influence to "give breaks to friends and co-workers, including that he fixed tickets." He used his position to interfere in two cases in which he had a personal stake, and interfered with the district attorney's office in several cases.
When a judge goes bad, the Nevada Commission on Judicial Discipline hears the complaint. First, of course, someone needs to complain.
The commission consists of two judges appointed by the Nevada Supreme Court, two attorneys appointed by the State Bar of Nevada, and three "lay persons" appointed by the governor, and a roster of alternates.
The commission deals with judicial misconduct and violations of the Code of Judicial Conduct, but not bad decisions, which are handled through the appeals process of the justice system.
All members of the judiciary are sworn to uphold the law and to obey the five commandments of jurisprudence, or canons. They are:
- A judge shall uphold the integrity and independence of the judiciary.
- A judge shall avoid impropriety and the appearance of impropriety in all of the judge's activities.
- A judge shall perform the duties of judicial office impartially and diligently.
- A judge shall so conduct the judge's extra-judicial activities as to minimize the risk of conflict with judicial obligations.
- A judge or judicial candidate shall refrain from inappropriate political activities.
The shocking news wasn't that a JP had gone bad; it was that the Judicial Discipline Commission thought it was no big deal. The commission suspended Ward for a month without pay and returned him to his courtroom to represent the justice system again.
They required that he take judicial ethics classes, something that is already mandatory for JPs every year, offered at the twice-yearly Nevada judge's conference and at the Nevada Judicial College in Reno.
Were the people well served by the commission's decision? As an outsider looking in, it appears that the commission was swayed by some savvy lawyering. Cynicism about the justice system is rampant and well deserved. The O.J. Simpson trial and other high profile prosecutions have shown that the justice system favors those who can afford top notch attorneys. Judge Ward hired Scott Freeman, a skilled defense attorney. From what I've read about the hearing and outcome, if there were attorney Olympics, Freeman would get a perfect 10.
An editorial in Fallon's Lahontan Valley News presumed that if the allegations against Judge Ward were true, he would be removed from the bench. They were true, but he wasn't removed.
There's no excuse for Judge Ward's unethical behavior. He used bad judgment, overstepped his authority, played favorites, and intimidated persons who appeared before him.
People's lives depend on the decisions made by justices of the peace. By endorsing the settlement and its light punishment, the Nevada Commission on Judicial Disciple appears to be protecting the judge rather than safeguarding justice. That's inexcusable too.
n Abby Johnson is a resident of Carson City, and a part-time resident of Baker, Nev. She consults on community development and nuclear waste issues. Her opinions are her own and do not necessarily reflect those of her clients.