Supreme Court disqualifies rural Nevada judge after conflict

By Cy Ryan

Monday, May 10, 2010 | 12:33 p.m.

CARSON CITY – In a rare ruling, the Nevada Supreme Court has found that District Judge Richard Wagner should be disqualified in all cases involving the Humboldt County public defender because of extreme bias.

Wagner and Public Defender Matt Stermitz have exchanged accusations of dishonesty and unethical conduct in a dispute over the operation of the public defender’s office.

The judge at first decided to withdraw from all cases handled by Stermitz, but then he had second thoughts and disqualified Stermitz from representing clients that came before him.

The court said Wagner, once he disqualified himself, "no longer had authority to act in any matter" involving Stermitz and his order removing Stermitz was void.

Wagner and Stermitz argued over the operation of the public defender’s office and over the qualifications of a lawyer named to represent indigent clients in Humboldt County.

Stermitz says the judge accused him of pleading clients guilty to felonies on simple drug cases to avoid drug court, and the judge accused him of unethical conduct. According to an affidavit in the case, Stermitz thinks the drug court program is a waste of time and money.

Wagner says in an affidavit in the case that Stermitz’s behavior is strange and he is “highly suspicious of other county employees.” The judge says a court reporter has been accused of eavesdropping on Stermitz’s conversations in a nearby office.

The judge said the public defender placed adhesive tape on the floor of the common walkway between Stermitz’s office and the court reporters office, and he said Stermitz ordered the court reporter not to cross the boundary line.

The Supreme Court said there must be a “compelling reason” and “an extreme showing of bias” for a judge to disqualify himself.