Left: Clark County District Court Judge Erika Ballou appears successful an representation with 2 nationalist defenders (Nevada Commission connected Judicial Discipline). Right: Ballou appears successful a selfie (Nevada Commission connected Judicial Discipline).
A Nevada justice famous for posing successful blistery tub selfies with nationalist defenders is facing judicial discipline erstwhile again — this clip for allegedly ignoring orders issued by the Silver State’s ultimate court.
Clark County District Court Judge Erika Ballou is named successful a ceremonial connection of charges filed connected April 24. The 11-page document alleges the Las Vegas country jurist committed six ethical violations erstwhile she repeatedly interjected herself — and her tribunal — into assorted cases by issuing legally fishy rulings successful favour of a transgression defendant.
Each of those disputed cases acrophobic Mia Christman, 31, who committed convulsive crimes during a spree immoderate 12 years ago. She pleaded blameworthy and was sentenced to a minimum of 10 years down bars. On appeal, Ballou issued respective rulings successful Christman’s favor.
“Throughout her engagement successful the Christman cases, Judge Ballou exhibited a signifier of behaviour that demonstrated a wide bias successful favour of Christman and against the State,” the charging papers reads. “This bias was evidenced done a operation of actions, omissions, and on-the-record statements that, taken together, bespeak a departure from the modular of impartiality required of a Nevada judicial officer.”
In 2021, acting connected a petition for a writ of habeas corpus, Ballou determined Christman received ineffective assistance of counsel during sentencing and ordered her to beryllium released from prison. Prosecutors pushed back. In 2022, the Nevada Supreme Court reversed the territory court, ruling that Christman had not received ineffective counsel and remanded the lawsuit to Ballou with, arsenic is typical, orders to manner a caller ruling successful enactment with what the precocious tribunal found.
The judge, however, refused to oblige, according to the connection of charges filed by the commission’s peculiar counsel. Instead, the tribunal sought to relitigate the merits of Christman’s habeas claim.
“For months, the State repeatedly objected to Judge Ballou scheduling a caller evidentiary proceeding connected the ineffective-assistance-of-counsel claim,” the filing goes on. “The State besides requested that Judge Ballou participate judgement successful favour of the State and remand Christman into custody pursuant to the Supreme Court’s bid of reversal and mandate connected remand. Judge Ballou refused to assistance the State’s requests contempt that bid and mandate.”
Eventually, the authorities mislaid patience with this process and filed for mandamus alleviation straight with the Nevada Supreme Court.
A mandamus petition is not precisely an appeal. It is, rather, an effort to person 1 tribunal unit different entity wrong the authorities to bash something, oregon to unit itself to close a mistake.
Prosecutors asked the Nevada Supreme Court to vacate a scheduled proceeding connected the ineffective-assistance-of-counsel claim, participate judgement successful favour of the state, and nonstop Christman backmost to prison.
In precocious 2023, the authorities Supreme Court recovered Ballou had violated their earlier bid and directed her to comply. But, the committee alleges, Ballou “continued to neglect to instantly participate judgement successful favour of the State and to remand Christman into custody.”
In aboriginal 2024, prosecutors filed a question to enforce the precocious court’s orders. Then, the authorities besides moved to person Ballou recused from Christman’s underlying case, which the suspect rapidly opposed with a question to onslaught the recusal motion.
Ballou, successful turn, granted Christman’s motion. Then, she signed disconnected connected different defence question to modify the situation sentence.
The Supreme Court, successful effect to the state’s question to enforce, rejected that requested relief, but utilized the state’s arguments to straight divest Ballou of jurisdiction implicit the Christman case.
The substance was sent to a antithetic territory justice who promptly entered judgement for the state. By May of past year, Christman was returned to prison, arsenic Law&Crime previously reported.
The suspect had already served six years of a 1o-year condemnation erstwhile Ballou began to intervene successful her cases.
“It felt similar idiosyncratic took a accidental connected me,” Christman told Las Vegas-based CBS affiliate KLAS, referring to the judge’s efforts.
That accidental could present person nonrecreational repercussions.
“Judge Ballou’s actions represent either a usurpation of the Code that was knowing and deliberate oregon a usurpation that was not knowing and deliberate,” the connection of charges alleges. “Both types of violations are contrary to the form, unit and effect of the Code.”
Judicial morals investigators are not, astatine slightest astatine this stage, asking for immoderate peculiar benignant of discipline. Such punishment, if any, volition beryllium up to judicial morals officials themselves, but thing caller for Ballou.
In January 2024, morals investigators took purpose astatine the justice implicit the aforementioned blistery tub selfie, a late-night Instagram station astir attending a Billie Eilish performance containing a hashtag astir dismissing cases lacking in-custody defendants, and in-court comments captious of constabulary officers successful the discourse of the Black American experience.
In the station featuring a representation of herself successful a blistery tub with 2 different attorneys, 2 women deterioration bikini tops portion the antheral is shirtless. The station is captioned: “Robson is surrounded by large t–.”
For those earlier transgressions, Ballou was censured, ordered to instrumentality the online course, “Judicial Ethics and Social Media: A Lightning Course,” and to familiarize herself with sections connected societal media and judicial morals successful the “Judicial Conduct Reporter,” a work of the National Center for State Courts Center for Judicial Ethics.