Las Vegas Sun

April 18, 2024

Columnist Jeff German: Judge’s departure a remedy for Drug Court

AT THE COUNTY courthouse there is a consensus that District Judge Jesse Walsh's days of presiding over the innovative, but embattled, Drug Court program are numbered.

Even the newly elected Walsh, who has come under fire in recent weeks for her abusiveness and lack of sensitivity toward participants and staffers, wants out.

"I would welcome the opportunity," Walsh said late last week, adding she's anxious to handle civil cases full time, a task for which those in authority at District Court believe she's better suited.

The timetable for Walsh's reassignment, however, is unclear and furthering tension in her courtroom.

It is no secret that District Judge Jack Lehman, who founded Drug Court in 1992 and presided over it until he went on senior status last year, is waiting in the wings to take the court over again. Walsh said she accepted the Drug Court assignment in January knowing that Lehman wanted to return if there was money to pay him as a senior judge.

But so far there is no money to pay Lehman, whose health also is holding him back. Lehman, who had triple bypass surgery in February, is waiting for a medical clearance, while Chief District Judge Gene Porter is waiting for promised additional funds from the Legislature.

Lawmakers passed two bills this session that would raise an extra $200,000 for senior judges, but Gov. Kenny Guinn has yet to sign the measures because of the uncertainty over the status of the state budget.

That has created a dilemma for Porter and courthouse administrators, who are keenly aware of the pervasive unhappiness with Walsh and the rapid decline in stature of Drug Court during her six-month tenure.

Under Lehman the program, designed to help drug addicts seek treatment and avoid harsh prison terms, was a model for the nation. The seasoned Lehman approached the job with compassion -- something observers have not seen from Walsh, who had less than four years experience as a municipal judge before getting elected last year to District Court.

If you talk to lawyers, clerks and other professionals who have worked with Walsh at Drug Court, you'll find that most would prefer she left sooner rather than later.

No one was willing to speak out publicly against Walsh out of fear of retaliation. And Porter and District Court Administrator Chuck Short did not want to discuss the concerns being raised about the judge.

But the powers that be at the courthouse quietly have been keeping a file on Walsh outlining a broad range of concerns -- including the judge's recent jailing of people in her courtroom on contempt charges without giving them a lawyer and a formal hearing.

Those who work with Walsh said she has been rude and created a hostile work environment. The team concept promoted by Lehman -- where the judge, defense lawyers, prosecutors and parole and probation officers work together for the common good of the drug addict -- simply no longer exists.

There's a feeling that Walsh doesn't understand that the program's primary goal is to ensure that those enrolled get drug treatment, not punishment.

Walsh insisted that morale is good in her courtroom and that she has a solid grasp of Drug Court's mission.

"I think the Drug Court program is running smoothly," she said. "It's my desire to treat all participants in a fair manner and move the calendar in an efficient manner."

As for the complaints from the professionals assigned to work with her, Walsh said some people just haven't been able to adapt to her way of doing things.

Walsh's way of doing things, however, does not appear to be the right way, which is why her days in Drug Court are numbered.

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