On Wednesday, May 14, 2025, the Las Vegas Review-Journal reported that District Judge-Elect Erika Ballou recused herself from a case following allegations by a public defender who sought to disqualify her over claims of bias and inappropriate comments.

The decision came after Deputy Public Defender Anna Stone filed an affidavit asserting that Ballou falsely suggested Stone had a sexual relationship with a client, influencing her legal representation.

Stone’s affidavit claimed Ballou made baseless remarks implying a personal relationship with Stone’s client, Dshawn Cross, a homeless man who pleaded guilty to attempted residential burglary. Stone further alleged that Ballou failed to explain her judicial rulings, restricted Stone’s ability to address a custody issue affecting a client’s liberty, and displayed antagonism that impacted her decisions. Stone argued that Ballou’s comments constituted sexual harassment, possibly in retaliation for Stone’s advocacy, and requested Ballou’s disqualification from all her cases.

Another public defender, Abigail Stanley, supported Stone’s claims in a separate affidavit, stating that on March 17, after completing her court calendar but before leaving the bench, Ballou accused Stone of an inappropriate relationship with Cross. Stanley noted that Ballou suggested this alleged relationship explained Stone’s knowledge of Cross’ living situation and challenges with electronic monitoring.

In a minute order, Ballou stated she believed she could remain impartial but chose to recuse herself from the case involving Jermaine Garner, who pleaded guilty to possession of a stolen vehicle and awaits sentencing. Court spokesperson Mary Ann Price clarified that the recusal appears specific to Garner’s case. Price added that Ballou had no further comment, and Ballou’s attorney, Tom Pitaro, declined to respond.

It remains uncertain whether Stone’s request to bar Ballou from all her cases will succeed.

Ballou is also facing a separate judicial discipline case. The Nevada Commission on Judicial Discipline has accused Ballou of showing bias toward a prisoner, Mia Christman, and against prosecutors. Ballou ordered Christman’s release, but when the Nevada Supreme Court overturned the decision, she did not return Christman to custody. The commission also noted that Ballou made rulings in Christman’s case while a recusal motion was pending, an action another judge deemed a legal violation.

Previously, Clark County District Attorney Steve Wolfson attempted to have Ballou removed from all cases handled by his office. The Nevada Supreme Court removed her from one case, but Chief District Judge Jerry Wiese denied a broader request to disqualify her from all district attorney cases in July.

Ballou, elected in 2020 without campaigning or fundraising, faced prior scrutiny. Last year, the Nevada Commission on Judicial Discipline censured her for social media posts and remarks during a sentencing, including statements about the dangers of police interactions for Black individuals. The Las Vegas Police Protective Association, representing Metropolitan Police Department officers, called for her resignation following those comments.

 

 

Source: Las Vegas Review-Journal