LAS VEGAS (KTNV) — There's an almost unheard-of legal battle playing out this week in Las Vegas.
An attorney has asked the court for a restraining order against a judge!
As 13 Chief Investigator Darcy Spears shows us, it's the latest chapter in a sordid story involving allegations of threats, violence and abuse of power.
Sitting on the bench above a Clark County district court, a judge holds the position of power. Commanding obedience from anyone and everyone in the courtroom.
Judge Stefany Miley holds such a position. But when she steps off the bench, some will tell you, her conduct changes.
That caused Attorney Bruce Gale to take this unusual step.
"I filed a police report and then i filed the application for a protective order," Gale explained.
"I felt threatened. I felt harassed."
Gale's concerns began on a recent Sunday at Life Time -- the upscale fitness center on West Charleston. Gale had just joined the gym and was taking a tour with his account manager when he ran into Judge Miley.
"I kind of froze," Gale recalls. "Stopped dead in my tracks."
That's because there's some bad blood between the two. Attorney Gale helped Miley's ex-husband in the couple's contentious divorce.
When they saw one another at Life Time on June 23, Gale said, "[Miley] said, 'Bruce, I want to introduce you to my boyfriend.' Stefany [Miley] says to her boyfriend, Bret Marshall Parker, 'Bruce [Gale] is the attorney who called the cops on me.' She was arrested because of my call."
That was last December.
According to the police report, Miley got into an argument with her 18-year-old son, Jacob, after he ran a yellow light on West Charleston near Canyon Pointe.
The report says she reached over from the passenger seat and slapped him in the face as he was driving "causing him to get a busted lip."
The report goes on to say she "continued to hit him for... approximately two minutes before she finally stopped."
The officer observed "the right side of Jacob's bottom lip was busted along with dry blood and reddening on the left side of his head."
All the while, Miley's 8-year-old son was in the back seat of the car.
"It's very troubling about the potential child endangerment issues and it's really a travesty," Gale said.
Court records include text messages Jacob sent to his father, Edward Miley, asking for help. He wrote, "Mom punched me in the mouth and hit me in the head while I was driving. I'm bleeding and need you to pick me up."
Edward Miley called his attorney, Bruce Gale.
"I felt that i had an ethical duty to report the matter to the police," Gale explained.
Stefany Miley was charged with battery domestic violence, but she was never prosecuted.
The City Attorney couldn't "prove jurisdiction beyond a reasonable doubt."
"They couldn't prove exactly where Stefany Miley struck her son, Jacob, when they were driving," Gale said.
The case was sent to the District Attorney but they declined due to conflict of interest as their lawyers have to try criminal cases in Miley's courtroom.
Ultimately, the case was referred to Nye County where the D.A. said he reviewed it closely but felt the evidence was insufficient.
"Justice wasn't done ultimately any place, including Nye County," said Gale.
"What message do you believe that sends to the public?" Darcy Spears asked.
"Not good," Gale answered.
Now, Gale believes Judge Miley is holding a grudge. He told police she was trying to intimidate him at the gym when she introduced him to her boyfriend as 'the attorney who called the cops on me.'
According to this police report, Miley's boyfriend told the Life Time account manager Gale was with, "You better get him outta here quick before I kick his a--."
Bret Marshal Parker is named in court records as the man who made that threat. Parker has not responded to calls or emails for comment and removed his LinkedIn profile after 13 Investigates reached out to him.
As for Miley, she did not return calls for comment either but her attorneys, David Chesnoff and Richard Schonfeld, sent a statement saying:
An application was made for a restraining order. The court did not grant the restraining order but set it for a hearing. The Honorable Judge does not believe it is appropriate for her to comment on a pending case and we will speak to the legal and factual issues in court only.
"What does this raise not only for you as a member of the bar, but also for the public looking at someone we've entrusted on the bench to fairly, impartially and professionally conduct themselves?" Spears asked Bruce Gale.
"Well, I have my own opinions but I'll let the public judge what they think of a sitting District Court judge behaving in this manner," Gale responded.
The hearing on the restraining order is set for Aug. 28 in Las Vegas Justice Court.