Las Vegas Judge Recuses Herself After Allegedly Making Sexual Remark About Public Defender

Clark County District Judge Erika Ballou

A Las Vegas judge has recused herself from a criminal case following allegations that she made an unfounded and vulgar accusation about a public defender’s relationship with her homeless client. Judge Erika Ballou, a Clark County District Court judge with a history of controversy, stepped aside after attorney Anna Lee Stone accused her of bias, misconduct, and sexual harassment.

According to a complaint filed by Stone, Judge Ballou allegedly claimed in open court that Stone was "sleeping with" her client, Dshawn Cross, during a January 15 hearing. The judge reportedly made the comment from the bench in front of others, which was later corroborated in sworn affidavits by two other attorneys, Deputy Public Defender Dan Cho and attorney Abigail Stanley. Both confirmed that Ballou had made similar derogatory comments, further supporting Stone’s claims.

Stone’s complaint stated that the judge’s hostility toward her had created an environment where fair judgment was impossible. She cited several examples, including Ballou’s refusal to explain legal decisions in court, rolling her eyes during arguments, and placing her client back in custody following alleged personal bias. Stone argued that Ballou’s conduct had compromised her clients' rights to due process and a fair hearing.

The issue began during proceedings involving Cross, who had accepted a plea deal on attempted residential burglary. When Stone requested his temporary release to attend a funeral, Ballou refused without providing a legal explanation. Cross was eventually released with an ankle monitor, but was later remanded due to issues with the device. At a subsequent hearing, Ballou reportedly blamed Stone, saying she had "lost all credibility" and told Cross it was her fault he was back in custody.

In another case involving Stone’s client Jermaine Garner, Ballou allegedly blocked the attorney from making a record on a custody matter tied to Garner’s liberty. Stone claimed this repeated pattern of obstruction and antagonism led her to file a formal complaint and demand the judge’s disqualification from her cases.

Judge Ballou, in a court order issued Tuesday, maintained that she could remain fair and impartial but chose to recuse herself from the case nonetheless.

The incident adds to a growing list of controversies surrounding Ballou. In 2023, Clark County District Attorney Steve Wolfson sought her removal from all criminal cases, accusing her of bias against prosecutors. Ballou had previously released inmate Mia Christman before the Nevada Supreme Court ruled on her appeal. Despite the Supreme Court later overturning her decision, Ballou did not return Christman to custody, leading to an ongoing ethical complaint.

Ballou also faced disciplinary scrutiny over her social media behavior. She was censured by the Nevada Commission on Judicial Discipline for posting inappropriate photos and comments online, including a bikini photo with two public defenders and sexually suggestive captions. The commission found that her actions violated judicial ethics by undermining public confidence and showing a lack of professionalism.

In 2022, Ballou attracted criticism from the Las Vegas Protective Association after telling a Black defendant that she avoided being near police officers because she feared for her life. Her comments raised concerns about impartiality and led to public outcry for her resignation.

It remains unclear whether Ballou will be removed from all of Stone’s current and future cases, but the situation has reignited debates over judicial accountability and ethics in Nevada’s courts.