Two Motions to Disqualify Judge Gayle Nathan, containing conclusive evidence that Judge Nathan’s rules and orders are biased and prejudiced, have been filed within four months of each other: one in October 2013, the other in February 2014. Both Motions were submitted to Chief Judge Jennifer Togliatti, who “FINDS that Defendant’s Motion to Disqualify the Honorable Judge Nathan is without merit and orders it DENIED.”
The disqualifications were denied based on Judge Nathan STATING “that she bears no bias or prejudice towards either party in the instant matter.”
Clearly, evidence provided was ignored because Judge Nathan said she didn’t do it. Who protects the people from biased and prejudiced Judges? Not Chief Judge Jennifer Togliatti!
The Minute Order refers to the Matter of Dunleavy, 104 Nev.784, 789 (1988), stating that “assuming arguendo, that Judge Nathan’s decisions were incorrect, the law is clear that would not be grounds for disqualification, as proper remedy would be to seek appellate relief.”
In layman’s terms, even if the Judges are wrong, they will not be held accountable. The appeal process can take several years and cost thousands of dollars.
While these parents wait for an appeal, which cannot be filed until the temporary orders are final, who is looking out for the best interests of the children? In one case the children were placed with a parent who is physically abusive; in the other case, the non-custodial parent is allowed visitation at “Donna’s House Central” based solely on the fact that the parent is a medial marijuana patient.
In court, Judge Nathan stated the parent’s “appropriateness with the child is not an issue” and his THC level was “negligible” for his prescribed medication and yet sentenced him and his child to Donna’s House. Neither ruling was in the best interest of the child.
From the Donna’s House History Page, “Donna’s House is named for Donna Hernandez, a Family Court clerk who was murdered by her ex-husband, Fernando Hernandez, on Oct. 6, 1999, in front of the couple’s then 3-year-old daughter. Fernando was convicted of murder and sentenced to death.”
Judge Nathan was caught on court video perusing a Plaintiff’s Facebook page created to add drama and increase ratings for a television show.
This alone should disqualify Judge Nathan for stepping out of discovery bounds. The Chief Judge chose to ignore this evidence.
Chief Judge Togliatti is enabling Judge Nathan to rule based on assumptions, presumptions, unsubstantiated allegations, and what she discovered on Facebook. Chief Judge Togliatti should be enforcing ALL Judges to rulings based on discovery and evidence.