State judicial committee chastises judge candidates over ads

Monday, Nov. 2, 1998 | 11:17 a.m.

CARSON CITY -- The State Committee on Judicial Ethics and Election Practices found Friday that Las Vegas lawyer Robert Lueck used misleading advertisements in his bid to unseat District Judge Frances Fine in Clark County.

The committee also chastised James Mahan for his fliers and TV ads in his race against Michael Cherr for district judge Department 17, and District Judge Gary Redmon for his TV ad in his race against Drake Delanoy for the newly created judicial Department 19.

Lueck's newspaper advertisement that Fine had been "convicted" in a case in which she was ordered removed from office was faulted by the state committee, which was created in 1997 to field complaints on election practices in the judicial races.

The committee noted that "convicted" implies a criminal action, and it criticized Lueck for advertisements that claimed those who voted for Fine, would be "wasting your vote."

Fine was ordered removed from her job by the state Judicial Discipline Commission for holding improper conversations about a case without lawyers from both or either side being present. She has appealed to the Nevada Supreme Court which said she can remain in office to complete her term until it considers her case.

If Fine wins re-election, her authority to exercise the duties of the office will be suspended until the court rules.

Lueck was ordered to correct the newspaper advertisements.

The commission found there was insufficient evidence on a complaint submitted by Fine about a telephone recording involving Lueck. It did not provide details of the allegation.

Mahan was ordered to remove language from his fliers that says Cherry, a special public defender, has spent much of his career trying to keep criminals out of jail. Mahan also questioned how Cherry could understand the agony of victims when an offender is set free because of "legal maneuvering or crafty tactics."

The commission also said that Mahan, in television ads that depict criminals smiling while getting mug shots taken, failed to maintain "the dignity appropriate to judicial office."

Redmond's TV ad, the commission found, implied he was the incumbent in his race, but Department 19 is new, so there is no incumbent. Redmon says he pulled the ad as soon as his opponent, Delanoy, filed his complaint.