Family Court judge candidate convicted in domestic violence case

There was a stunned expression on the face of Las Vegas attorney and Family Court candidate James Guesman as he left Justice Court Friday after being convicted of domestic battery on his girlfriend.

"I'm definately appealing, and in the end justice will prevail," he said. "But I won't be a judge. Everywhere I go from now on I'll lose votes, and I can't go through the appeal process before the election."

After a hearing that lasted most of Friday, visiting Justice of the Peace John Kadlic from Reno said the evidence pointed to guilt.

"No matter how I look at it, no matter how I weigh it, I come to one conclusion that he did what he did that day and is guilty," Kadlic ruled at the end of the hearing that was closely watch by several prosecutors from the district attorney's office.

He then handed the minimum sentence at the request of Deputy District Attorney Christine Nelson, but the judge ordered that it not be enforced until Guesman and his attorney, Patricia Erickson, have had a chance to appeal the conviction.

That sentence includes $315 in fines and fees, six months of weekly domestic violence counseling, 48 hours of community service and two days in jail. He could have been sentenced to six months in jail and fined up to $2,000.

When the issue of jail time was raised, Erickson asked that Guesman be permitted to serve it on house arrest, and Kadlic said he would agree that if the victim, Collette Putnam, didn't mind.

She did, and the judge said he had no choice but to impose the jail sentence.

When asked why she wanted her one-time boyfriend behind bars, Putnam said she is still being victimized.

"I'm being stalked. There are hang-up calls. I'm being followed," she said. "If he has to do time, he'll think twice before he hits me again."

"I never dreamt he was going to have to submit to the system," Putnam said. "He knows how to manage the system. He expected to walk."

Putnam had testified that during an argument on May 5 in the house they shared in southwest Las Vegas, Guesman put his hands around her neck and slammed her head against a wall.

Guesman's version was that she bumped up against him in anger during the argument, slipped on the carpet, spun around and fell to the floor hitting her head.

The conviction, if it is upheld on appeal, would have another consequence that would particularly affect Guesman -- it would be illegal for him to own guns.

As an avid hunter, Guesman conceded on the witness stand that losing his ability to hunt "would break my heart," but he emphasized that his desire to continue owning guns would not prompt him to lie in the domestic violence case.

He added that being a candidate for Family Court Department A would also not affect his testimony. Guesman is running against incumbent Family Court Judge Bill Voy, who was appointed to the positon earlier this year.

Guesman's conviction may prompt an investigation by the State Bar of Nevada that could result in additional punishments, including a suspension of his license to practice law, according to State Bar Counsel Rob Bare.

Erickson said that Guesman had demanded a speedy trial because of the potential impact of pending domestic violence charges on his candidacy. Had he not sought a quick trial setting, a trial would not have been heard until after the November General Election.

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