95°F
weather icon Clear

City’s motion to disqualify judge denied

Updated December 20, 2018 - 8:53 am

A District Court judge denied Boulder City’s motion to disqualify Judge Richard Scotti in a case involving a former resident’s crosswalk protest because the city did not bring forward a substantive reason.

The city sought to negate Scotti’s Oct. 29 written order that said it vindictively prosecuted former Boulder City resident John Hunt, who was arrested June 8, 2016, after repeatedly walking back and forth in a marked crosswalk to protest a police-sanctioned enforcement event. Scotti also dismissed the case, ruling it a violation of the First Amendment.

The city alleged that Scotti did not follow procedure when issuing his opinion. City Attorney Steve Morris told Judge Linda Marie Bell that the city believed there was an overarching procedural issue that led to Scotti being biased against Boulder City.

Additionally, Morris argued that Scotti and Hunt’s attorney, Stephen Stubbs, participated in an improper communication during a status check hearing Sept. 19 and that Scotti basically gave up the court’s authority by allowing Stubbs to dictate how to proceed.

In her ruling Friday, Dec. 14, Bell wrote that nothing in her order shall be considered an indictment of the procedures in the case and that even if she believed Scotti committed procedural errors, that did not give evidence of bias. She also said the city’s claim of bias was weak and its pleadings made only a brief mention of it.

“At oral argument, the lack of any true evidence of bias became more apparent,” Bell wrote in her decision. “The city only paid lip service to the idea of bias. While it is conceivable that a judge could make procedural errors because of bias for one side, such evidence and argumentation proving this is lacking in this case. Instead, the city only attacked Judge Scotti’s competency as a judge.”

Additionally, she wrote that the remarks of a judge made in a court proceeding “are not considered indicative of improper bias or prejudice unless they show that the judge has closed his or her mind to the presentation of all the evidence.”

“Chief Judge Linda Bell’s ruling is based on the belief that Judge Scotti’s confusion and lack of factual and procedural understanding of the underlying action did not rise to the level of bias towards the city,” the city said in a statement released Monday, Dec. 17. “The city respectfully disagrees and is evaluating how we will proceed forward in this matter.”

“Once again, Steve Morris has embarrassed the city of Boulder City,” Stubbs said after Bell’s decision was filed. “This motion was ridiculous. Instead of personally attacking the judge that correctly decided that Steve Morris committed prosecutorial misconduct, vindictively prosecuted Mr. Hunt and violated Mr. Hunt’s First Amendment rights, maybe, just maybe, Steve Morris should just read the Constitution and stop violating victims’ rights. I hope the City Council acts swiftly to correct these horrible decisions by Steve Morris.”

In making her decision, Bell noted that she could not grant the city’s request to negate Scotti’s Oct. 29 order.

“I only have jurisdiction to disqualify judges,” she wrote. “Even if I were faced with clear and unrelenting evidence of extreme bias leading to unfair rulings, I cannot overturn one of my colleagues’ rulings, as I am not an appellate court. I can only consider whether Judge Scotti will sit for future rulings in this case.”

Bell also wrote that Stubbs’ argument that the city’s motion was untimely and a way to get Scotti’s order negated was “unpersuasive.”

MOST READ
LISTEN TO THE TOP FIVE HERE
THE LATEST
Huge crowd turns out to honor Patton

It was brought up during Saturday’s unveiling of the Shane Patton Memorial Monument as to why Shane’s statue stands 11 feet tall.

Disaster in China affects Damboree fireworks show

As the city prepares for Damboree, one of our biggest celebrations of the year, a tragedy in China is having an impact on the annual fireworks show.

City Celebrates First Responders

Photos courtesy City of Boulder City

Toll Brothers gets split decision

The development of the area near Boulder Creek Golf Course known as Tract 350 (the sale of which is slated to pay for the majority of the planned replacement for the aging municipal pool) may have hit a snag last week as the planning commission voted 5-1 to deny the developers’ request to build houses closer to the street than is allowed under current law.

Council gives nod to 185 new hangars

There is at least one part of Boulder City that is set to see growth in the coming years. A lot of growth.

Boulder City ready to celebrate America

Boulder City resident James Cracolici may have put it best when he called the annual July 4 Damboree, “The crown jewel of all events held in Boulder City.”

BC can ban backyard breeders

Although there is nothing on any city agenda yet, the resolution of the issue of whether pet breeding will be allowed in Boulder City took a huge step forward last week as Nevada Attorney General Aaron Ford released an official opinion on the intent and limitations of state law that had been requested by city staff last year.