Union meeting sets off heated battle of judges

Friday, Jan. 30, 1998 | 9:35 a.m.

CARSON CITY -- Chief Justice Robert Rose said District Judge Myron Leavitt -- who is seeking Rose's seat on the Supreme Court -- displayed an ethical lapse in an appearance before the State AFL-CIO convention in Las Vegas.

But Leavitt said Thursday that Rose has his facts wrong. He said the chief justice is irked because the convention this week endorsed both candidates.

Rose, through his campaign spokeswoman, Trish Marsh, accused Leavitt of asking for the endorsement after telling the convention that the three-year strike at the Frontier Hotel was in his court and that he had ruled eight times in favor of the union.

"Once again Myron Leavitt has shown that he will go to any lengths to win votes -- even if it compromises his ability to provide equal justice to all Nevadans," Marsh said.

Leavitt said he told the delegates the case is in his court, but he denied saying he ruled in favor of organized labor. He said a delegate rose after he spoke and said the judge had ruled in favor of the union.

Danny Thompson, a representative of AFL-CIO, said a review of the minutes shows it was indeed a delegate, not Leavitt, who said the judge had ruled every time in favor of the union.

Leavitt said the labor group six years ago endorsed Rose when the two met for the first time in the race for the Supreme Court. "What upsets Rose so much is that I also got the endorsement this time."

Leavitt is the presiding judge over the case involving the Frontier and the Culinary Union. The judge authorized picketing but prohibited the blocking of exits and entrances. Conditions of the picketing included peacefulness and restriction to the sidewalk.

"For Leavitt to appear before the AFL-CIO and seek its endorsement when he is presiding over the most important labor case in the state is a clear violation of the the ethics Nevadans have a right to expect from their judges," Marsh said.

She suggested Leavitt's conduct violated conflict-of-interest provisions by using a pending case to further his personal interests and by making statements that appear to show favoritism to one party.

"Leavitt is holding justice hostage to his own political ambitions," Marsh said. She said Leavitt has delayed until after the November election a decision on Frontier's claims that Culinary Union pickets violated court orders.

Leavitt said the case has been delayed until after the election so there won't be a conflict of interest.

And, Leavitt said, it's typical of Rose to hide behind somebody else instead of making the charge himself. "He hasn't got courage enough to say it himself. He likes to do it through third parties."

Leavitt said Rose is trying to divert attention from his own judicial indiscretions. He said Rose violated rules by talking to Clark County District Attorney Rex Bell about dismissing drug charges against former law clerk Rhonda Mushkin.

Leavitt said Mushkin is also a business partner and campaign worker for Rose.

Rose could not be reached for comment.

Leavitt also said the chief justice violated judicial ethics when he publicly commented on the controversial disciplinary case of District Judge Jerry Whitehead of Reno.