A Las Vegas judge on ethics charges has turned the tables on the state judiciary and filed a federal lawsuit alleging conspiracies, persistent prejudice against them, and violations of their constitutional rights.
In a 68-page complaint filed on Friday, lawyers for Justice of the Peace Melanie Tobiasson accused the Nevada Commission on Judicial Discipline of disregarding their own rules and procedures to put the judge down.
“Her actions are unconstitutional and intentional to suppress the freedom of speech of a properly elected judge and to violate her procedural rights through fabricated retaliation that abused the trial against the plaintiff’s rights as an individual, a parent and a judicial officer.” Lawsuit states. “The actions of the defendants are unconstitutional and directly limit the plaintiff’s constitutional rights.
The filings of attorneys Marc Cook and Thomas Sheets make allegations of defamation, constitutional violations, gender bias, conspiracy, and deliberate infliction of emotional distress. It reflects an appeal Tobiasson filed with the Nevada Supreme Court last year. She had asked the Supreme Court to bring charges against the commission, which alleged she was interfering in a murder investigation.
That motion was denied after the Supreme Court ruled that the Commission could bring charges. However, late last year the commission postponed a hearing on eight charges against the judge, set out in 16 different charges.
The panel has alleged that Tobiasson asked detectives from the Metropolitan Police Department to investigate a clothing store where her daughter worked. Tobiasson believed the store was a front for an unlicensed club where teenagers drank, used drugs, and engaged in prostitution.
Her lawyers wrote that the complaint against Tobiasson was “filled with fictionalized theory” and “without factual details”.
“The NCJD’s conduct on this matter has shown that final legal action has been denied by a judicial authority, including notification and a meaningful opportunity to be heard,” their federal complaint alleged. “Loss of the office of Justice of the Peace for any period of time would mean a grave loss to the plaintiff that can never be made good.”
Commission officials have not responded to repeated requests for comment on Tobiasson since the ethics charge was publicized.
This is a developing story. Check for updates again.
Contact David Ferrara at [email protected] or 702-380-1039. Follow @randompoker on Twitter.