On Thursday, March 14, 2024, the Nevada Commission on Judicial Discipline issued a prehearing order in the case against Judge Erika Ballou.
The order sets deadlines and procedures for the parties involved, which include Judge Ballou, her counsel Tom Pitaro, and special counsel Francis Flaherty, who filed ethics charges against Judge Ballou.
As background, the charges stem from comments Judge Ballou made during sentencing hearings in 2021 and 2022. According to records, Judge Ballou seemingly expressed that a Black defendant had reason to flee from police, and told another Black defendant they did not want to be where cops are due to safety concerns as a Black person.
Judge Ballou is also facing charges related to allegedly posting a social media photo of herself in a hot tub with two public defenders, along with a caption referencing one defender’s appearance.
Earlier this month, Judge Ballou filed her answer to the ethics charges, denying her conduct violated any rules. She asserted her comments were protected speech and her social media pages did not identify her as a judge.
Moving forward, the prehearing order sets deadlines for the parties to exchange evidence and information. Within 10 days, both sides must share certain materials as outlined by procedural rules.
The order also schedules the hearing to take place in Las Vegas on a date still to be determined. At least 30 days before the hearing, parties may request subpoenas.
Additional deadlines include submitting pre-trial motions at least 15 days before the hearing. Each side must also file prehearing briefs and submit exhibit books electronically at least 14 days in advance.
Within 5 days of receiving prehearing briefs, parties can object to the admissibility of any exhibits or testimony. All filings must be submitted electronically to the Judicial Discipline Commission by 5 pm on the dates ordered.
This will allow time for both sides to sufficiently prepare their cases and present evidence at the upcoming hearing. The commission will use this process to determine if clear and convincing evidence shows Judge Ballou violated judicial conduct rules.
Judge Ballou’s courtroom is located at the Regional Justice Center, 200 Lewis Ave., Las Vegas, NV 89155, and can be reached at (702) 671-0591.
A copy of the original filing can be found here.
