LAS VEGAS, Nevada – A Las Vegas judge is facing ethics charges over her social media posts, but she denies any violation of ethical rules. Clark County District Court Judge Erika Ballou, represented by attorney Tom Pitaro, argues that her posts were protected speech and intended as private jokes. The Nevada Commission on Judicial Discipline filed a formal statement of charges against Ballou in January, referencing a photo of her in a hot tub with two public defenders. Ballou is accused of violating multiple rules related to promoting public confidence, avoiding impropriety, and demonstrating impartiality.
Pitaro responded to the charges, stating that the photo does not suggest that the public defenders could influence Ballou in her judicial duties. Another social media post mentioned in the formal charges was a selfie captioned with lyrics from a song by Billie Eilish, along with hashtags referencing court cases. Pitaro argued that the post was meant as a private joke among a small group of friends. He also claimed that Ballou’s social media pages were not open to the public and that the commission’s publishing of the posts had put Ballou and the public defenders at risk.
The charges against Ballou extend beyond her social media posts. In one incident from 2021, she excused a defendant’s decision to flee from police, stating that there are reasons for Black individuals to run from the police in the United States. During another sentencing hearing, Ballou made comments about police officers, expressing her own fear of being around them. The formal statement of charges accuses Ballou of violating the impartiality of the judiciary with these comments.
Before becoming a judge, Ballou worked as a public defender and social justice organizer. She is a member of the Democratic Socialists of America. In 2016, she made headlines when she refused to remove a Black Lives Matter pin as per a judge’s order. Ballou won the election in 2020 and took office in 2021 as a judge.
Ballou has not yet filed an official response for the second set of charges filed in February. The outcome of the ethics investigation will determine whether she faces any disciplinary action for her social media posts and comments.