Ethics cloud hangs over JP’s decision

Bill Gang

Wednesday, May 28, 1997 | 10:48 a.m.

One of the allegations that played a role in the ouster of then-North Las Vegas Municipal Judge Gary Davis was that he had campaigned for a candidate in the North Las Vegas Justice of the Peace race in 1994.

Under judicial ethics rules, judges can't endorse candidates for any office -- even judicial offices -- to avoid any taint on the impartiality of the judiciary.

The man who won that race, Justice of the Peace Steve Dahl, was not Davis' choice.

Now, as Davis seeks election to return to his former post, Dahl has publicly voiced his support for Davis' opponent, North Las Vegas Police Detective Warren Van Landschoot.

The question that arises is whether that poses a similar ethical dilemma.

Dahl has denied that the courtroom comment ammounted to an endorsement.

The comment came during a hearing last week for former North Las Vegas assemblyman Jerry Fairchild, who is charged with grand larceny in the theft of numerous campaign signs belonging to Van Landschoot.

The charge includes allegations that he paid his 17-year-old son and another teenager $10 for each Van Landschoot sign pilfered or destroyed. The boys face charges in Juvenile Court.

Dahl determined Friday that there was probable cause to hold Fairchild on the felony charge but then announced that he was stepping down from the case for any further court action.

The attorney for Fairchild pressed Dahl to release the defendant, who had spent the night in jail, without bail or at least substantially lower the $10,000 bail.

The judge declined, again noting that he was recusing himself from the case.

When attorney Ken Sheehan downplayed the seriousness of the charge and persisted, Dahl explained that he was personally supporting Van Landschoot and didn't consider the charge to be a minor offense.

"He kept pressing me for an answer," Dahl said Tuesday. "They have a right to know the reason I am recusing myself."

"I am fully aware of the canon of ethics (prohibiting judges from endosing candidates for election) and agree with it," the judge said.

He said that he might have opened the door to more criticism if he had pretended the conflict didn't exist and continued to preside over the case.

Dahl explained that he decided to rule on the issue of whether there was probable cause to hold Fairchild on the charge rather than turn the case over to another judge "out of fairness to the defendant."

Because it was Friday and he is the only JP in North Las Vegas, Dahl said he couldn't be certain the case could be transferred to another judge before the holiday weekend was over.

Dahl left the bail at the "standard" $10,000, although he had the option of raising it or lowering it.

Had Dahl determined there was not probable cause -- bare minimum evidence to connect a defendant to a crime -- to hold Fairchild, the charges would have been dismissed and he would have been released.

The issue, however, disintegrated later Friday when District Judge Donald Mosley reduced the $10,000 bail to $100, allowing Fairchild to bail out.

Fairchild's case will be handled next month in Las Vegas Justice Court.