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Lawyers give poor scores to nine judges: But none of those with low ratings faces vote this yearMay 10, 2010 (Las Vegas Review-Journal - McClatchy-Tribune Information Services via COMTEX) -- At a time when the state may take away the voters' right to elect judges, dozens of attorneys in a recent poll said nine judges -- just over 10 percent of the total -- performed so poorly they should no longer be on the bench. District Court Judges Jessie Walsh, Stefany Miley, Kathy Hardcastle and Michelle Leavitt, Family Court Judges Cheryl Moss, Kenneth Pollock and Cynthia Dianne Steel and Municipal Court Judges George Assad and Diana Hampton should not be retained, according to more than 50 percent of the attorneys who rated their performance. Opinions on State Supreme Court Justice Nancy Saitta were evenly divided, with 50 percent saying she should be retained and 50 percent saying she should not be retained. Mary Cheh, a law professor at the George Washington University in Washington, D.C., whose specialties include the nomination and confirmation of judges, said judicial surveys are helpful in states such as Nevada that elect judges. Voters may want to take a hard look at any judge rated so poorly by attorneys, she said. "It raises a big question in my mind about whether they should be retained," Cheh said of judges with a retention rating of 50 percent or less. However, all will be retained at least for the next year or two, because the terms of the state Supreme Court, District Court or Family Court seats in question do not expire this year and thus are not on this year's ballot, while municipal elections will not be held until 2011. All of the judges who scored poorly originally were elected to their current posts except Leavitt and Assad . Former Gov. Kenny Guinn appointed Leavitt, a Las Vegas Municipal Court judge at the time, to her District Court seat in March 2002. Leavitt ran un opposed later that year and was re-elected in 2008. The Las Vegas City Council appointed Assad in June 2002, and he was re-elected to the post a year later. Pollock is running for a District Court seat, but will retain his Family Court seat if he loses his race. Walsh, Leavitt and Assad, who all have scored poorly in past surveys, didn't return phone calls. Miley, Hardcastle, Steel and Saitta declined to comment when contacted. In addition to survey questions on each judge's competence, prejudices, and overall operation of the courtroom, attorneys submitted anonymous comments and criticisms about judges. Criticisms of Saitta included, "She's nice, but got her foothold on the bench purely through politics. She should not be a judge," and, "Profoundly inept grasp of basic tenets of law. A prime example of why judges should not be elected," and, "Poster child for appointment of judges." For Walsh, the comments included, "She routinely disregards controlling precedent from the Nevada Supreme Court, obviously has not read any of the parties' motions or pleadings, and, because she does not understand the issues, fails to control her courtroom," and, "It is scary that someone this clueless could even graduate from law school, never mind actually get a seat on the bench." For Miley, comments included, "She is the worst judge on the bench, she is biased and needs to go!" and, "She should never have been elected," and, "A shining example of how blonde hair, a nice smile and ties to a sitting judge can get one places in this city." For Leavitt, comments included, "Her rulings are often disjointed and legally incomprehensible. Should not be on the bench, any bench," and, "She is the only judge that I can think of who has been overruled by the Supreme Court twice on the same case. She just can't get it right." For Hardcastle, the former presiding judge, comments included, "Without a doubt the nastiest and (most) condescending demeanor among all of Clark County judges," and, "This is the type of judge the public will get with an 'appointed system.' Mean spirited. Opinionated. Hates the job. Hates to work." In Family Court, 64 percent of attorneys voted to not retain Moss. The judge blamed the poor score on her belief that attorneys with something negative to say are more likely to participate in such a survey than those happy with a judge. Also, Moss said, the 132 respondents who rated her make up little more than 10 percent of the family law attorneys, which means the results are not a genuine reflection of her ability. "If they don't get the result they want (in court), it (the survey) could go either way. Maybe they are more inclined to participate if they have something negative to say," Moss said. Comments on Moss included, "Judge Moss is a very nice lady and cares about the parties who appear before her. However, she lacks control of her courtroom and is incompetent and ineffective as a judge." Pollock, who is running for a newly created District Court seat after serving in Family Court for a year, blamed the number of respondents for his poor results in the survey. He said some of the 50 or so attorneys who scored him poorly are likely supporters of his campaign opponent, Susan Scann. Also, Pollock is one of the few Family Court judges whose background is not in family law, and family law attorneys resent him for that, he said. "Obviously, I was expecting better. But, given the responses, it translates into 51 attorneys don't like me," Pollock said. Comments about Pollock included, "It is disappointing that Judge Pollock is already trying to obtain a judicial seat outside of Family Court less than a year after winning his election, which shows a lack of interest in his elected position. However, even if he doesn't want to be in Family Court, he does a very good job." For Steel, who was elected in 1996, comments included, "Excellent example of why judges should be appointed. No experience, petty and arrogant. Clark County deserves better than this." Las Vegas Municipal Court Judge George Assad and Henderson Municipal Court Judge Diana Hampton were the two city-level judges who most attorneys said should not be retained. Assad, whose 69 percent "do not retain" rating was the highest of all the judges, did not return phone calls to his office. For Assad, anonymous criticisms included, "The judge is known universally as 'Crazy Assad' for good reasons," and, "A disgrace to the bench. This mediocre lawyer should never have been allowed to become a terrible judge." Hampton surmised that attorneys who participated in the survey do not like her and rated her poorly as a result. "I have to answer to the voters. Because of that, I feel it is my duty to continue to be tough on crime. I'm very fair, but I'm also very tough on crime. When it's time to drop the hammer, I drop the hammer," Hampton said. Comments about Hampton included, "Judge Hampton should be removed from office," and, "The judge with the least concern for due process, open and public hearings, courtesy to counsel and citizens accused of crimes that I have appeared in front of throughout the entire state." Contact reporter Frank Geary at [email protected] or 702-383-0277. To see more of the Review-Journal or to subscribe to the newspaper, go to http://www.lvrj.com. Copyright (c) 2010, Las Vegas Review-Journal Distributed by McClatchy-Tribune Information Services. 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