Churchill D.A., deputy named in suit

Monday, Nov. 3, 1997 | 10:58 a.m.

CARSON CITY -- A citizen's suit has been filed in Fallon to kick Churchill County District Attorney Kevin Pasquale and his deputy out of office on grounds that they also hold offices in an Indian tribal court system.

A hearing was to be held in Fallon today before visiting District Judge Mike Fondi on the complaint, which charges Pasquale and Deputy District Attorney Bruce Matley with malfeasance in office.

Pasquale and Matley could not be reached for comment.

The suit was filed by Marilyn O'Connor, who in 1992 sought unsuccessfully to run for the Nevada Supreme Court, although she was not a lawyer. She has also filed a number of suits against the Internal Revenue Service.

O'Connor says Pasquale unlawfully accepted an appointment to be chief judge in the court of the Fallon Paiute-Shoshone Tribe and he is paid $800 a month. Matley has been working as a criminal prosecutor for the trial court, being paid $600 a month.

Pasquale makes $72,360 and Matley earns $64,812 from their county jobs. O'Connor, in her suit, cites a section of the Nevada Constitution that says a person holding a "lucrative office under the government of the United States, or any other power" is not eligible for any civil office of profit under the state.

O'Connor wants the court to order Pasquale and Matley to return all the county salary they have received since taking the jobs in the Indian court system in June and August respectively.

Nevada law says this case must be heard five to 10 days after the complaint is filed. If the two are ordered to be removed from office, they cannot continue to serve if they decide to appeal to the Nevada Supreme Court.