Judiciary
Choose who mentioned she confirmed compassion for sentenced defendant is suspended for disregarding the regulation
October 1, 2025, 1:49 pm CDT
Choose Erika Ballou, a former deputy public defender who in 2016 refused a choose’s request to take away a “Black Lives Matter” pin from her shirt. In September, she was suspended from the bench by the Nevada Fee on Judicial Self-discipline for allegedly not following the state supreme courtroom’s orders. (Photograph by John Locher/The Related Press)
A Nevada choose who argued a state supreme reversal order “may imply a whole lot of issues” has been suspended for failing to adjust to the regulation.
Choose Erika Ballou has been suspended with out pay for 18 months, with 12 months suspended if she efficiently completes a probationary interval of two years. She can be required to take remedial coaching, based on the Sept. 22 suspension order by the Nevada Fee on Judicial Self-discipline.
Fee choices could be appealed to the Nevada Supreme Courtroom.
Ballou sits within the state’s Eighth Judicial District, which incorporates Las Vegas. She was accused of failing to comply with orders of the Nevada Supreme Courtroom within the case of Mia Christman, who argued she acquired ineffective help of counsel throughout sentencing.
Ballou dominated for Christman and ordered her launch from custody. Prosecutors sought a writ of mandamus, which was granted by the Nevada Supreme Courtroom in August 2022. The courtroom dominated the proof didn’t help a discovering of ineffective counsel, reversed Ballou’s order and remanded for proceedings in step with its order.
On remand, Ballou scheduled a listening to to permit Christman to current extra proof. Prosecutors filed a petition for a writ of mandate, which was granted by the state supreme courtroom in October 2023. The courtroom discovered that Ballou didn’t comply with its 2022 mandate, and ordered Ballou to enter judgment for the prosecution.
Ballou didn’t instantly comply with the state supreme courtroom directive. Prosecutors filed a movement with the supreme courtroom to implement its earlier mandates and likewise filed a recusal movement in Christman’s felony case. Ballou didn’t keep the case at that time.
Christman filed a movement to strike the recusal movement, arguing it ought to have been filed in her postconviction proceedings reasonably than the underlying felony case. Ballou granted Christman’s movement.
In Might 2024, the state supreme courtroom ordered task of the case to a special choose.
Ballou argued earlier than the fee that the primary supreme courtroom resolution that reversed and remanded for proceedings in step with its order “may imply a whole lot of issues.” She additionally argued the supreme courtroom’s second order didn’t impose a time restrict. She additionally mentioned she wasn’t required to remain the case after the recusal movement was filed as a result of she wasn’t correctly served.
The fee rejected Ballou’s arguments, discovering she didn’t comply with the supreme courtroom’s two orders and failed to remain the case whereas the recusal movement was pending.
Ballou was “a seasoned protection legal professional” earlier than taking the bench and understood felony process, the fee mentioned. And failing to correctly serve a choose with a disqualification movement doesn’t imply Ballou may dismiss the movement, though it might be a purpose for dismissal by a reviewing choose, the fee mentioned.
The fee rejected allegations that Ballou dedicated misconduct by exhibiting bias and by failing to cooperate with an investigator.
Arguing she was not uncooperative, Ballou mentioned she was in a jury trial when a fee investigator referred to as and she or he went on a prescheduled trip instantly afterward. That was not a failure to cooperate, the fee mentioned.
Concerning bias, Ballou instructed the fee she confirmed compassion for Christman reasonably than bias, and she or he was involved about Christman’s child being positioned within the custody of Youngster Protecting Companies.
The fee discovered inadequate proof that Ballou’s actions “had been pushed by a deep-seated favoritism as to represent impermissible bias.”
“That mentioned,” the fee mentioned, “whereas compassion could also be a advantage to a judicial officer, it ought to by no means be used as a license or excuse to violate the regulation.”
Ballou is represented by Thomas F. Pitaro. He didn’t instantly reply to the ABA Journal’s request for remark made in an electronic mail and in a voicemail left together with his regulation agency.
Publications with protection of the choice embody the Las Vegas Evaluation-Journal and 8 Information Now.
The Evaluation-Journal experiences that Ballou was censured final 12 months for social media posts and for telling a defendant he ought to avoid officers. ” “I do know I don’t, and I’m a middle-aged, middle-class Black girl. I don’t need to be round the place cops are, as a result of I don’t know if I’m going to stroll away alive or not,” she mentioned.
She was faraway from all felony circumstances in Might following a grievance by a public defender, the Evaluation-Journal experiences.
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