KLAS-TV Channel 8 News Las VegasQuestions About Judge's Partisan Leanings

Questions About Judge's Partisan Leanings

(Oct. 18) -- Questions are being raised Monday about the partisan leanings of Judge Valerie Adair, the judge who ruled on Friday that the voter registration period in Clark County should not be reopened.

Did politics play a role in the judge's decision? Eyewitness News Investigative Reporter George Knapp reports some democrats think it might have.

On Friday, Judge Valerie Adair instructed the lawyers for the Clark County Election Department and the State Democratic Party to huddle together and bang out a compromise about whether voter registration could be opened up for a few hours to provide for those citizens who may have been disenfranchised by the alleged destruction of registration forms by a republican backed private company.

The judge told both sides to return at 4:30 p.m., at which time she might or might not rule. The deal worked out called for a three-hour window on Monday during which some voters could sign up again. But when the court reconvened Friday afternoon, there was no discussion of the plan.

The court informed both sides that there would be no comment at all, that the judge would read a statement. In her ruling, she turned down the request to reopen registration and said individual voters could file their own actions if they choose.

Democratic attorney Paul Larsen said in his 15 years of practice he's never had a judge ask for a deal and then tell him to keep quiet when he showed up to present it. The lack of input from the two sides caused some to question the judge's motives.

Sen. Dina Titus, (D) Clark County, said, "You never want to question a judge's ruling, but certainly in this case, which is so partisan and political to start with, you'd think she would have the common sense to disclose her partisan connection."

What is Adair's partisan connection? She's listed online as an active member in the National Federal of Republican Women. County records show she also owns a home with Tom Lozzi, who is listed on the website of the Clark County Republican Party as an officer in that group.

Lozzi is also related by marriage to Republican Senator John Ensign. Lozzi told the I-Team by phone that he had no idea the GOP website lists him as an officer because he is not active with the party, although he was a few years ago.

Judge Adair cannot comment, but a court spokesman says that she expected the lawyers in the case to submit the proposed compromise to her before the 4:30 hearing so she could review it.

Lawyer Paul Larsen says that's not the way he heard it, and even if so, he wonders why the judge didn't at least question the parties when they sat before her.

Dina Titus said, "That sounds like revisionist history. I think she decided she didn't want to hear the arguments; she had made up her mind and issued her opinion. She told them to work it out. Why in the world didn't she ask them, do you have a compromise? Both sides would have been willing to tell her, but they never had the opportunity."

The bottom line is that the questions are more than mere political sniping. They could provide yet another basis for post election challenges -- in court.

Mary Ann Miller of the D.A.'s office, who represents the election department, told the I-Team late Monday that she also thought the two sides were supposed to hand something into the judge before the 4:30 hearing, but she is unsure why the judge chose to ask no questions once the hearing began.