What did Erika Ballou do? Accusations explored as Nevada judge faces disciplinary charges

On Monday, January 29, a complaint was filed in the court claiming that District Judge Erika Ballou's social media posts were against Nevada's judicial conduct rule. A special counsel that the commission hired detailed the disclosure in charges brought before the Nevada Commission on Judicial Discipline.

As per the NY Post, Ballou, who took the oath of office on January 4, 2021, is accused of two counts of breaking the "Revised Nevada Code of Judicial Conduct."

This happened after Erika Ballou shared two posts on her Facebook and Instagram pages. According to court records, the first incident occurred nine months after she took the oath of office as a district court judge in January 2021. The second one took place in 2022.

The commission further claimed that the complaint, which lawyer Francis Flaherty submitted, is the initial step towards potential disciplinary action.

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Nevada judge Erika Ballou is currently facing disciplinary charges for two of her social media posts

The Navada judge is now facing fire (Image via Navada court)

Two social media remarks by the Las Vegas judge, Erika Ballou, have drawn criticism. One post was created in late September 2021 in downtown Las Vegas during the Life is Beautiful event. Ballou shared a now-deleted selfie at 10:46 p.m. on her Instagram and wrote:

“Life is STILL beautiful, despite the fact that Billie Eilish doesn’t START for thirty minutes and I have a 8:30 calendar tomorrow.”

The post followed hashtags like "VacateTheS–tOuttaOutofCustodyCases" and "Where in the world is Carmen San Diego." According to the charges, this Instagram post allegedly broke several regulations in the code of conduct.

The complaint also claimed that Erika Ballou made an improper comment concerning her judicial duties in her article. However, the Commission associated with the issue determined that Ballou's post broke three of the four "Canons" of the code of judicial conduct, including Canon 1, Rule 1.1, which states:

“A judge shall uphold and public confidence in the independence, integrity, and impartiality of the judiciary and shall avoid impropriety and the appearance of impropriety”.

The Judicial Code additionally mandates that:

“The duties of judicial office, as prescribed by law, shall take precedence over all of a judge’s personal and extrajudicial activities”.

Furthermore, per the charges, the post disregarded the rule that judges' personal lives should come second to their official duties.

Erika Ballou's second count relates to a now-deleted Facebook post published in April 2022 by the judge and two people whom the Commission designated as public defenders. She is pictured in the post alongside Robson Hauser and Shana Brouwers, two public defenders from Clark County, in a hot tub.

In the post, Ballou is seen wearing a swimsuit and holding a shirtless Robson Hauers with her arm while Shauna Browers, another lady, stands beside them in a hot tub. The caption of the post read:

"Robson is surrounded by great (b**asts)."

The post was deemed objectionable in the complaint as well.

Erika Ballou's posts were accused of breaching multiple codes of conduct. These included a rule stating that judges must act to uphold public trust. It further prohibits giving the impression that someone or something is in a position of influence.

Ballou is further accused of breaking Rule 2.4 (C), which says:

“A judge shall not convey or permit others to convey the impression that any person or organization is in a position to influence the judge.”

Before a hearing is set, Erika Ballou will have a chance to address the accusations, according to the commission. She also has the option to appeal the decision, which may take the matter to the Nevada Supreme Court.

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Ballou or her representative could not be reached for comment. On the other hand, no one from the Clark County District Court said anything regarding it.