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After a two-month delay, the sentencing hearing for Debbie Getto Smith will be held Oct. 22 in the Third Judicial District Court and presided over by an out-of-district senior judge.
Smith, a former Churchill County School Board president, pleaded no contest to two counts of embezzlement in district court in June. She was charged with embezzling $134,650 during a seven-year period from an elderly client for whom she did bookkeeping services.
The sentencing, originally scheduled for Monday, Aug. 27, was vacated because Judge Robert Estes recused himself from the hearing on Friday, Aug. 24, according to Churchill County District Attorney Art Mallory.
Fellow district court judges Leon Aberasturi and David Huff had previously recused themselves from the sentencing hearing. Once Estes recused himself, it became necessary for a senior judge from out of the area to hand down the sentence.
Mallory said his office received a call at 4:50 p.m. on Aug. 24 alerting them of the vacated hearing. His office immediately called the alleged victim, Joanna Hibbert Ross, to let her know of the delay so as not to inconvenience her.
“We respect what the judges choose to do,” Mallory said. “We just want to move the case forward. We’ve put a lot of resources into this case.”
Judge Peter I. Breen, retired from the Seventh Judicial District Court in Washoe County, will review the case and issue judgment against Smith.
“All three of us had some relationship with the parties or with the family of the parties,” Huff said Tuesday of himself, Estes and Aberasturi.
“There’s no great secret here,” Estes said Friday. “I have met her socially, but I don’t know her. All in all, it’s better if someone who doesn’t know her at all does the sentencing. That way, nobody can say anything. We have all avoided the appearance of impropriety.”
Aberasturi, a former Lyon County prosecutor, was elected in November and is the newest judge on the district bench, but perhaps has the greatest knowledge of the Smith case.
“When I was with the Lyon County District Attorney’s office, the victim’s son came and discussed the case with me,” Aberasturi said. “He gave me the facts as they saw it. Just the conversation was sufficient — it put facts in my head. It’s a no-brainer (to recuse himself).”
Estes, the last of the three judges to step aside from the sentencing, said he thought it was best an outsider come in when he learned his fellow district court judges had recused themselves.
The expense of bringing a out of district judge in for the sentencing is covered by the state, not the county, said Huff.
“A senior judge is paid by the administration office of the courts. It’s a state expense rather than a county expense,” he said.
Huff said it’s not very often that all three district judges recuse themselves from local hearings. He could only recall it happening two or three times since 2002 when a third judge was added to the district.
Smith will be sentenced Oct. 22 at 1:30 p.m. Each count of embezzlement carries a one-to-10-year imprisonment term, but with an elderly enhancement, Smith faces four to 40 years in prison.
Smith, a former Churchill County School Board president, pleaded no contest to two counts of embezzlement in district court in June. She was charged with embezzling $134,650 during a seven-year period from an elderly client for whom she did bookkeeping services.
The sentencing, originally scheduled for Monday, Aug. 27, was vacated because Judge Robert Estes recused himself from the hearing on Friday, Aug. 24, according to Churchill County District Attorney Art Mallory.
Fellow district court judges Leon Aberasturi and David Huff had previously recused themselves from the sentencing hearing. Once Estes recused himself, it became necessary for a senior judge from out of the area to hand down the sentence.
Mallory said his office received a call at 4:50 p.m. on Aug. 24 alerting them of the vacated hearing. His office immediately called the alleged victim, Joanna Hibbert Ross, to let her know of the delay so as not to inconvenience her.
“We respect what the judges choose to do,” Mallory said. “We just want to move the case forward. We’ve put a lot of resources into this case.”
Judge Peter I. Breen, retired from the Seventh Judicial District Court in Washoe County, will review the case and issue judgment against Smith.
“All three of us had some relationship with the parties or with the family of the parties,” Huff said Tuesday of himself, Estes and Aberasturi.
“There’s no great secret here,” Estes said Friday. “I have met her socially, but I don’t know her. All in all, it’s better if someone who doesn’t know her at all does the sentencing. That way, nobody can say anything. We have all avoided the appearance of impropriety.”
Aberasturi, a former Lyon County prosecutor, was elected in November and is the newest judge on the district bench, but perhaps has the greatest knowledge of the Smith case.
“When I was with the Lyon County District Attorney’s office, the victim’s son came and discussed the case with me,” Aberasturi said. “He gave me the facts as they saw it. Just the conversation was sufficient — it put facts in my head. It’s a no-brainer (to recuse himself).”
Estes, the last of the three judges to step aside from the sentencing, said he thought it was best an outsider come in when he learned his fellow district court judges had recused themselves.
The expense of bringing a out of district judge in for the sentencing is covered by the state, not the county, said Huff.
“A senior judge is paid by the administration office of the courts. It’s a state expense rather than a county expense,” he said.
Huff said it’s not very often that all three district judges recuse themselves from local hearings. He could only recall it happening two or three times since 2002 when a third judge was added to the district.
Smith will be sentenced Oct. 22 at 1:30 p.m. Each count of embezzlement carries a one-to-10-year imprisonment term, but with an elderly enhancement, Smith faces four to 40 years in prison.
