Catherine Ramsey recall, North Las Vegas, Nevada (2015-2016)
North Las Vegas Municipal Court Judge recall |
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Officeholders |
Recall status |
See also |
Recall overview Political recall efforts, 2016 Recalls in Nevada Nevada recall laws Special district recalls Recall reports |
An effort to recall Catherine Ramsey in North Las Vegas, Nevada, from her position as Municipal Court Judge was launched in March 2015.[1] The recall did not go to a vote. The court case over Ramsey's recall went all the way to the Nevada Supreme Court, which ruled that judges in Nevada could not be recalled.
- See also: Ramsey v. City of North Las Vegas
The recall petition accused her of costing the city hundreds of thousands of dollars due to inappropriate workplace conduct. Ramsey responded by saying her critics were politically motivated.[1]
While the recall effort was tied up in the courts, Ramsey reached a settlement with the Nevada Commission on Judicial Discipline in August 2016 in which she was suspended without pay for the final three months of her term and prohibited from seeking re-election in 2017. She agreed to this settlement after admitting to seven charges of judicial misconduct.[2]
Ramsey filed to run for the Eighth Judicial District Court in 2016, challenging Judge Louis Eric Johnson, who ruled against her petition for an emergency injunction to stop the recall. She was defeated in the primary election on June 14, 2016.
Background
The North Las Vegas Municipal Court, in which system Ramsey is a judge, was designed to be responsible for "traffic violations and misdemeanor offenses occurring within the city limits of North Las Vegas."[3] Two judges are on the court, and they are elected to six-year terms. Catherine Ramsey is the court's first female judge in the city's history. She was elected in 2011.[1]
In August 2014, seven months before this recall petition was filed, the Las Vegas Review-Journal called on voters to recall Ramsey in an editorial.[4]
Legality of recall questioned
Ramsey contended in a petition filed on June 4, 2015, that the recall attempt against her was illegal and that recall efforts against judges were not allowed by the Nevada Constitution. The constitution says that any "public officer" can be recalled. Referring to this, Ramsey cited a section of the state’s Ethics in Government law, which says, "'Public officer’ does not include any justice, judge or other officer of the court system." She also insisted that other sections of state law show that the term "public officer" does not include judges.[5]
Ramsey's lawyer explained that the reason the law, as Ramsey interpreted it, would not allow recall of judges is to protect their independence. He said that judges must be separated from political battles for two reasons: (1) They are expected to make legal rulings in spite of and, often, in the face of public opinion and (2) they are forbidden from speaking out publicly about many of the details of cases and rulings, which hampers their ability to defend against political attacks.[5]
The argument was also made that the Nevada Commission on Judicial Discipline has exclusive authority over elected judges and precludes the power of recall to be used against them.[6]
Arguing that the context of Ethics in Government law and the other laws cited by Ramsey do not encompass the constitution's recall provision, recall supporters said that Ramsey's argument would not hold up in court and that the recall effort would move forward against Ramsey.[5]
District court ruling
Ultimately, Clark County District Court Judge Eric Johnson ruled against Ramsey and refused her injunction against the recall effort. He declared that the power of recall extended to judges. Moreover, since this court case was based on state law, this case had important implications for the entire state, answering the question of whether or not judges can be recalled. Ramsey, however, appealed the decision to the Nevada Supreme Court.[7][8]
Nevada Supreme Court decision
- See also: Ramsey v. City of North Las Vegas
This case was appealed to the Nevada Supreme Court. The supreme court agreed to hear Ramsey's appeal and put a hold on the recall proceedings until it could make a ruling. A group called the Nevada Judges of Limited Jurisdiction, which represents Nevada's city and justice courts, joined the supreme court case on Ramsey's side. The supreme court scheduled the first hearing of arguments for October 5, 2015.[7][9][10] In April 2017, the supreme court ruled that elected judges cannot be removed from office through a recall election. The court's decision stated that, although judges are "public officers," the section of the constitution allowing recall against every public officer was superseded by the establishment of the Nevada Commission on Judicial Discipline in 1976.[6]
Recall supporters
The group advocating for the recall is called Remove Ramsey Now.[11] The group is chaired by Bob Borgersen.[1]
David Thomas, who has experience in judicial campaigns, former Secretary of State Ross Miller and Dominic Gentile, who works as an attorney in the city, are also backing the recall effort against Ramsey.[7]
The North Las Vegas Police Officers Association helped to fund the campaign.[1]
Alternative candidates
North Las Vegas City Attorney Sandra Douglass Morgan sought to collect enough signatures to qualify her as an alternative candidate in the recall election. Morgan said, "It’s been no secret that my office had issues with Judge Ramsey and I personally did whatever I could to enhance the system. I at least understand the people, and the climate, and the collective bargaining issues. At some point it became apparent to me that I could at least assist.”[12]
Recall supporter arguments
Remove Ramsey Now listed the following ten reasons to support the recall effort:
“ |
1. Four legal complaints filed against Judge Ramsey since she has been in office for workplace related conduct have cost the City of North Las Vegas more than $120,000. 2. Improperly used $12,000 in North Las Vegas City funds for her personal lawsuits. 3. Failed to collect court fees in criminal cases that may amount to $10,000 a month in lost revenue for North Las Vegas. 4. Regularly reduced the charges in criminal cases costing North Las Vegas thousands of dollars and decisions overturned by the District Court. 5. Made it easy for defendants to get away with crime by arbitrarily reducing criminal charges. 6. Used public staff for private activities. 7. Failed to show up for work 68 times out of 196 work days costing North Las Vegas $94,000. 8. Mistreated her staff, attorneys and people who enter her courtroom. 9. Showed bias and prejudice towards staff, attorneys and people who appeared in her courtroom. 10. Stopped video and audio taping in her courtroom to avoid review and accountability of her conduct.[13] |
” |
—Remove Ramsey Now[14] |
Editorials
- The Las Vegas Review-Journal published an editorial supporting the recall effort against Ramsey. An excerpt of the editorial is below:
“ | That’s because Judge Ramsey has been the subject of several complaints from current and former employees who said she engaged in “hostile,” “intimidating” and “discriminatory” conduct. Those complaints cost the city $53,000 in settlements and investigatory expenses. As reported by the Review-Journal’s James DeHaven, the city might yet launch another investigation into her workplace behavior.
And then there’s the far more worrisome matter of Judge Ramsey’s on-the-bench behavior. Attorneys say she’s dismissing cases and reducing charges to punish the city attorney for not defending her and City Hall for cutting Municipal Court funding. Her vindictive approach is costing the city as much as $10,000 per month in fee and fine collections. Do the math, North Las Vegas. Judge Ramsey is deliberately depriving city government of up to $120,000 per year in revenues. She’s costing city government tens of thousands of additional dollars in settlement and investigatory costs. She allowed a private attorney to collect payment from a city charge card. Her lawsuit no doubt will cost the city thousands more dollars, even if the city prevails (as it should). And for all this, she is collecting more than $200,000 per year in total compensation, according to TransparentNevada.com. It could take the Nevada Commission on Judicial Discipline years to investigate Judge Ramsey, provided a complaint was filed. So what’s cheaper, North Las Vegas? Letting Judge Ramsey remain in office until at least 2017? Or gathering a little more than 800 signatures and staging a recall election? We hope city voters choose the latter.[13] |
” |
—Las Vegas Review-Journal[4] |
- The editorial board of the Las Vegas Review-Journal wrote an other editorial in response to Ramsey's appeal to the supreme court. The second editorial urged the supreme court to allow the recall effort to continue, argued that the city should move forward with the recall election and implored voters to oust Judge Ramsey at the recall election. An excerpt of the editorial is below:
“ |
The fact that Judge Ramsey is fighting so hard is indicative of the arrogance that is core to the recall’s purpose. If Mr. Mueller indeed files an appeal, the Supreme Court should recognize the validity of the recall by confirming Judge Johnson’s ruling, especially since it has a vested interest in the outcome. North Las Vegas should then proceed to schedule the recall election. Most important, city residents should pay attention to that recall date and vote to remove Catherine Ramsey from the Municipal Court bench.[13] |
” |
—Las Vegas Review-Journal editorial board[15] |
Recall opponents
Response by Catherine Ramsey
Catherine Ramsey deemed the recall politically motivated. Her attorney, Edgar Carranza, argued, "It has been no secret that certain forces within the Mayor’s office have had a very personal agenda against Judge Ramsey as a result of her vigilant opposition to the many efforts to usurp the Court’s resources. Ramsey has made it clear that she would not idly sit back and allow the City of North Las Vegas to try to ameliorate its vast economic problems on the back of the Court by taking monies from the Court’s accounts and earmarked for Court related projects."[1]
Ramsey also contended that state law does not allow recalls of judges.
Editorials
The Las Vegas Tribune has published several articles in defense of Judge Ramsey. Below is an excerpt from an editorial dated April 30, 2015:[16]
“ | A group of North Las Vegas concerned citizens has come forward to defend and protect a judge that is fighting the bullies in City Hall — led by a mayor and his terrified followers — and they now also have to contend with a corrupted campaign controller from Las Vegas, Dave Thomas, who is giving the bench a bad name.
The old and often-heard adage “You are either with me or you are against me” is sounding more like “You will obey me or you are out of here,” according to employees afraid to confront the new North Las Vegas Dictator/Mayor, John Lee, who has managed to keep everyone in the North Las Vegas city government terrorized — except for Judge Catherine Ramsey. Judges often are criticized for putting people in jail for far less than a fair reason and for being too harsh with those appearing before them, but now Judge Catherine Ramsey from North Las Vegas Municipal Court is criticized for doing the opposite — not putting people in jail. What the North Las Vegas City Hall regime is not telling us, with the help of the daily paper, is that the reason the judge in the North Las Vegas Municipal Court is not enforcing the bench warrants issued by the city attorney’s office is because the bench warrants have the wrong signature. What City Hall is not telling the North Las Vegas residents is that the temporary City Attorney refused to sign the bench warrants and is using a rubber stamp with the signature of the former city attorney.[13] |
” |
—Las Vegas Tribune[16] |
Path to the ballot
- See also: Laws governing recall in Nevada
The recall was launched by three North Las Vegas residents. By June 9, 2015, supporters of the recall needed to collect 1,984 valid signatures from those who voted in the election that put Judge Ramsey into office in order to force a recall election. On May 28, 2015, petitioners turned in over 2,700 signatures. According to state law, a special election must be conducted between 10 and 20 days after the certification of a sufficient recall petition by the secretary of state.[1][17]
On June 4, 2015, Judge Ramsey filed a petition for an emergency injunction to put a stop to the recall attempt against her. She claimed that the Nevada Constitution does not allow recall of judges and that the recall effort against her was illegal. Clark County District Court Judge Louis Eric Johnson ruled against her, however, declaring that the power of recall does extend to judges in Nevada. The next step was for the submitted signatures to be verified by the North Las Vegas city clerk. Ramsey, however, appealed the district court decision to the Nevada Supreme Court.[5][7]
See also
- Recall campaigns in Nevada
- Special district recalls
- Political recall efforts, 2014
- Ramsey v. City of North Las Vegas
External links
Basic information
Recall support
Recent news
This section links to a Google news search for the term "Catherine + Ramsey + recall"
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 Las Vegas Review-Journal, "Recall launched against NLV Municipal Judge Ramsey," March 11, 2015
- ↑ Las Vegas Review Journal, "North Las Vegas judge barred from re-election run, suspended without pay," August 24, 2016
- ↑ City of North Las Vegas, "Municipal Court," accessed April 6, 2015
- ↑ 4.0 4.1 Las Vegas Review-Journal, "Editorial: Recall Ramsey," August 4, 2014
- ↑ 5.0 5.1 5.2 5.3 Las Vegas Review-Journal, "Judge Ramsey petitions to halt recall, cites state law," June 4, 2015
- ↑ 6.0 6.1 Las Vegas Review-Journal, "Elected judges cannot be recalled, Nevada high court rules," April 13, 2017
- ↑ 7.0 7.1 7.2 7.3 Las Vegas Review-Journal, "Ruling: NLV judge can be recalled," June 29, 2015
- ↑ Las Vegas Review-Journal, "Judge Ramsey recall case destined for Nevada Supreme Court," July 2, 2015
- ↑ Las Vegas Sun, "Nevada Supreme Court stays recall election for NLV judge," July 28, 2015
- ↑ Las Vegas Review Journal, "EDITORIAL: Judges take wrong side in Ramsey recall," August 9, 2015
- ↑ Remove Ramsey Now, "Homepage," accessed April 6, 2015
- ↑ Las Vegas Review-Journal, "City attorney runs for seat of North Las Vegas judge facing recall," July 8, 2015
- ↑ 13.0 13.1 13.2 13.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Remove Ramsey Now, "Recall Flyer," accessed April 6, 2015
- ↑ Las Vegas Review-Journal, "EDITORIAL: State Supreme Court should back Ramsey recall ruling," July 8, 2015
- ↑ 16.0 16.1 Las Vegas Tribune, "What the North Las Vegas City Hall regime is not telling us," April 30, 2015
- ↑ Las Vegas Review Journal, "EDITORIAL: Bench Judge Ramsey," May 31, 2015