City of Las Vegas Downtown Redevelopment Agency v. Hecht

940 P.2d 127, 113 Nev. 632, 1997 Nev. LEXIS 74
CourtNevada Supreme Court
DecidedJune 3, 1997
Docket27942
StatusPublished
Cited by16 cases

This text of 940 P.2d 127 (City of Las Vegas Downtown Redevelopment Agency v. Hecht) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Las Vegas Downtown Redevelopment Agency v. Hecht, 940 P.2d 127, 113 Nev. 632, 1997 Nev. LEXIS 74 (Neb. 1997).

Opinions

[634]*634OPINION

Per Curiam:

FACTS

Respondents Jacob Chic Hecht, as Trustee of the Jacob Chic Hecht Revocable Living Trust; Martin D. Hecht, as Trustee under the Martin D. Hecht Revocable Living Trust dated September 5, 1989; Cecelia Appelbaum, Trustee in Trust, under the Appelbaum Family Trust dated October 10, 1989; Cecelia Hecht Appelbaum; Donald Hecht; and Jacob Hecht (collectively “Hecht”) filed a motion to disqualify Justice Cliff Young from hearing the merits of the underlying appeal based on the grounds of actual bias, implied bias, and/or appearance of impropriety. Respondents base their argument on the fact that Justice Young allegedly harbored a bias against their counsel, Kermitt Waters.

Justice Young and his opponent in the last Nevada Supreme Court election, Judge Steve Jones, were present at an October 9, 1996 Washoe County Bar Association luncheon to answer questions about the upcoming election. Judge Jones was asked whether he would, if he won the election, recuse himself from an appeal pending in the Nevada Supreme Court in which Waters was representing a party who had been awarded $9,000,000 at trial; at that time, Waters had donated $27,882, personally and through his wholly owned corporation, to Jones’ campaign. After Judge Jones answered the question, Justice Young stated:

Regarding the contributions, whether Judge Jones should disqualify himself, it is a matter of Judge Jones to decide from the standpoint of his own conscience. I think that the law limits individuals to $10,000 and corporations to $20,000. It would appear that perhaps Mr. Waters has exceeded to some extent those contributions. As far as other services, I know that recently Mr. Waters has made available two large billboards [for Jones] on top of his office which I presume has not at this time been known to my opponent.

Hecht argues that this statement amounted to an accusation that Waters had committed a crime and, as such, was evidence of Justice Young’s actual or implied bias toward Waters; therefore, Hecht argues that Justice Young should be disqualified from hearing the merits in the underlying appeal.

Hecht also argues that Justice Young should be disqualified [635]*635from hearing the underlying appeal because the law firm of Lionel Sawyer & Collins represents The Fremont Street Experience, an amicus curiae to this appeal, and Justice Young’s son-in-law is a partner in that firm.

We conclude that Hecht’s arguments lack merit, and we deny Hecht’s motion to disqualify Justice Young.

DISCUSSION

This court has consistently held that the attitude of a judge toward the attorney for a party is largely irrelevant. Prior to our adoption of the Code of Judicial Conduct (the Code) in 1992, we considered Ainsworth v. Combined Ins. Co., 105 Nev. 237, 259, 774 P.2d 1003, 1019 (1989), in which we had affirmed a punitive damage award of $6,000,000. A petition for rehearing and a motion to disqualify former Chief Justice Elmer Gunderson were filed based upon Gunderson’s participation in the previous decisions in the case. We held that “[gjenerally, an allegation of bias in favor of or against counsel for a litigant states an insufficient ground for disqualification because it is not indicative of extrajudicial bias against the party.”1 Id. at 259, 774 P.2d at 1019; see also In re Petition to Recall Dunleavy, 104 Nev. 784, 769 P.2d 1271 (1988). The purpose for such a policy was that:

In a small state such as Nevada, with a concomitantly limited bar membership, it is inevitable that frequent interactions will occur between the members of the bar and the judiciary. Thus, allegations of bias based upon a judge’s associations with counsel for a litigant pose a particularly onerous potential for impeding the dispensation of justice.

Dunleavy, 104 Nev. at 790-91, 769 P.2d at 1275. Furthermore, we stated that if a litigant could successfully challenge a judge based upon allegations of bias against counsel for the litigant, “it ‘would bid fair to decimate the bench’ and lawyers, once in a controversy with a judge, ‘would have a license under which the judge would serve at their will.’ ” Id. at 790, 769 P.2d at 1275 (quoting Davis v. Board of School Com’rs of Mobile County, 517 [636]*636F.2d 1044, 1050 (5th Cir. 1975)). This policy still applies, and we continue to believe that to permit a justice or judge to be disqualified on the basis of bias for or against a litigant’s counsel in cases in which there is anything but an extreme showing of bias would permit manipulation of the court and significantly impede the judicial process and the administration of justice.

The 1992 adoption of the Code did not vitiate these prior statements of the law concerning jurist disqualification. Canon 2 states the general principle that “[a] judge shall avoid impropriety and the appearance of impropriety in all of the judge’s activities.” However, Canon 3(E) of the Code specifically guides the judiciary in matters of disqualification.2 While Canon 3(E)(1)(a) states that a judge can be disqualified for animus toward an attorney, situations where such a disqualification has been found are exceedingly rare, and non-existent in Nevada. Richard E. Flamm, Judicial Disqualification § 4.4.4, at 124 (1996). “[T]o warrant judicial disqualification — much less other, more drastic sanctions — the judge’s bias toward the attorney ordinarily must be extreme. Situations in which judges have manifested such extreme bias toward an attorney are exceedingly rare.” Id.

In recent cases decided after the adoption of Canon 3(E)(1)(a), notwithstanding the Canon’s expansive language, we have reaffirmed the policy that a judge’s bias toward an attorney is largely irrelevant. In Valladares v. District Court, 112 Nev. 79, 910 P.2d 256 (1996), Judge Connie Steinheimer was campaigning for election to the bench and sent out two campaign letters very critical of then District Judge Lew Carnahan. The letters made disparaging remarks about Carnahan’s ethics, honesty, and competency. Steinheimer won the election, and Carnahan appeared as the attorney for a party before Judge Steinheimer. He requested that she recuse herself from the case, Steinheimer refused, and Carnahan petitioned this court for a writ. In deciding the case, this court stated: “Judge Steinheimer does not possess an actual or apparent bias against Carnahan and therefore need not recuse herself.” Id. at 84, 910 P.2d at 260.

Additionally, in Sonner v. State, 112 Nev. 1328, 930 P.2d 707 (1996), the prosecutor represented the judge up to the day the prosecutor was to begin prosecuting Sonner in a death penalty case. While this court gives death penalty cases very careful scrutiny, we held that even though the prosecutor had represented [637]

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City of Las Vegas Downtown Redevelopment Agency v. Hecht
940 P.2d 127 (Nevada Supreme Court, 1997)

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Bluebook (online)
940 P.2d 127, 113 Nev. 632, 1997 Nev. LEXIS 74, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-las-vegas-downtown-redevelopment-agency-v-hecht-nev-1997.