Judges forum makes for quite a mix

A forum for judicial candidates in Justice and Family courts included two candidates who have been convicted of misdemeanor battery charges and a judge who is going to be disciplined today for unethical conduct.

The rest were a more traditional mix of incumbent judges, a deputy district attorney and several private attorneys looking to slip into the black robes.

But as is the case in most judicial races, the forum sponsored by the Clark County Bar Association was a low-key affair. There were few issues of conflict and Supreme Court ethical rules prohibit candidates from commenting on cases in the system.

The Family Court candidates generally agreed on adding more judges to deal with the growing caseloads and trying to find ways to streamline a system that has resulted in dramatically escalating costs for even simple divorces.

One of the hottest races, however, is for a newly created Las Vegas Justice Court Department 7 seat. It pits Deputy District Attorney Jennifer Togliatti, who has been a lawyer only five years and always as a prosecutor, against private attorney Michael Schaefer, a former San Diego city councilman with a checkered personal and professional past.

Schaefer, who calls himself a "public interest attorney," spent some of this year's election season in jail or on house arrest after being convicted of battery on two residents in the condominium complex where he lives.

The forum's moderator, attorney Thomas Sheets, questioned Schaefer about his failure to obtain a Nevada driver's license despite living here several years and about a ruling in the California courts that prohibits him from filing any legal documents without prior court approval.

Schaefer explained that he would like to get a Nevada driver's license, but the Department of Motor Vehicles won't give him one unless he reveals his home address -- something he said he won't do because of threats he has received.

He downplayed the limitations on his ability to practice law in California as the result of having lost a few of the many cases he was litigating over family businesses.

Since moving to Nevada, he has filed numerous lawsuits, including about half a dozen challenging the practice of alphabetically listing the names of candidates on ballots. He has lost each challenge.

Togliatti was questioned whether her five years as a lawyer and limited experience in civil cases was adequate to be justice of the peace. She responded that she has spent 100 days a year in Justice Court as a prosecutor, handling up to 30 cases a day. But her civil experience, she concedes, was limited to working as a law clerk for the U.S. Attorney's Office before becoming an attorney.

The forum at the Clark County Government Center was videotaped and will be shown in two segments on cable public access Channel 4 and the Las Vegas 1 all-news station, Channels 1 and 39.

Also having to campaign despite a misdemeanor conviction is attorney James Guesman, who is challenging recently appointed Judge Bill Voy for the Family Court Department A post.

Guesman was found guilty last week of domestic violence for allegations he slammed his girlfriend's head against a wall, but he maintains he is innocent and predicted the case will be overturned on appeal.

The other troubled candidate is Family Court Judge Fran Fine, who for the second time has been found guilty by the state Judicial Disciplinary Commission of unethical conduct on the bench. She is scheduled to receive her punishment at a public hearing today.

Yet she chose to seek re-election to the post she has held for six years, stating, "I love what I do and I care about children."

She said that nothing she did was criminal, and everything was intended to help families.

But her challenger, private attorney Robert Lueck, reminded the sparse audience that Fine continually has been criticized by both the public and the attorneys who practice in Family Court for her "arbitrary and erratic decisions."

Also at the forum was Family Court Judge Gerald Hardcastle, who has served four of his six years on the bench as Juvenile Court judge, and his challenger, perennial candidate Nicholas Del Vecchio.

Hardcastle touted his experience and the programs he has established, like the first juvenile drug court in the country.

Del Vecchio advocated issuing temporary protective orders by telephone and initiating a night court.

The second segment of the forum included the 10 candidates running for the four available general jurisdiction District Court jobs handling civil and criminal cases. Three of those seats are newly created posts and the fourth is up for grabs because District Judge Don Chairez stepped down from Department 13 to run for U.S. Congress.

Judge Mark Denton was appointed to fill the vacancy, and he is being challenged in an unusual four-way special election by Deputy Public Defender Philip Kohn, Deputy Attorney General Donald Haight and private attorney Melodie Swanson.

The race for Department 17 pits Municipal Court Judge Nancy Saitta against former Municipal Judge Stephen Webster.

For Department 18, Special Clark County Public Defender Michael Cherry is facing longtime private attorney James Mahan.

The Department 19 contest involves Family Court Judge Gary Redmon's bid to move to the civil-criminal arena. He is facing veteran attorney Drake Delanoy.

During questioning, the candidates generally agreed with the current system of having judges specialize in either civil or criminal cases and with the proposed concept of installing a strong chief judge system to provide some supervisory authority over the judges.

Most favored the election of judges rather than through appointments.

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