Judge removes air of conflict after AG endorses challenger

Friday, April 5, 1996 | 11:59 a.m.

CARSON CITY -- District Judge Mike Fondi says he must excuse himself on all criminal cases handled by Attorney General Frankie Sue Del Papa's office because of her endorsement of his election opponent.

Fondi, whose district covers Carson City and Storey County, said his disqualification could last until Del Papa's term expires in two years.

His district handles a big load of criminal cases prosecuted by the attorney general's office because of the location of two prisons in Carson City. Those cases will be shifted to District Judge Mike Griffin.

Fondi intends to run for re-election and his opponent is Senior Deputy Attorney General Tim Terry, who has been distributing a campaign brochure in which Del Papa says Terry would make a great judge.

Fondi says he considers that an endorsement by Del Papa. Therefore, he said, in an "abundance of caution" he is going to step aside. If he ruled in favor of the attorney general's office in a case, Fondi said, criminal defendants might argue he sided with Del Papa's staff just to prove he could be fair.

And this issue could be raised on appeal to the Nevada Supreme Court and the federal courts.

"I don't see how I can hear any criminal cases," Fondi said. His first recusal came Wednesday in the death-penalty case of Jimmy Neuschafer, convicted of killing a fellow convict in the state prison.

Fondi said it was clear that "as a result of Attorney General Del Papa's endorsement of my political opponent, my impartiality might reasonably be questioned and reasonable minds may perceive that my ability to carry out judicial responsibilities with integrity, impartiality and competence is impaired."

Fondi said any further decisions he made in the Neuschafer case, "even those favorable to the attorney general's client, may well create issues on appeal which otherwise did not exist."

Fondi's opponent, Terry, is in charge of the Medicaid fraud unit and does not prosecute other criminal cases.

On civil cases involving the attorney general, Fondi said he will ask both sides if they want him to continue on the case. He will require written waivers from all parties asking him to proceed.