State panel faults ads run by judicial candidate

Friday, Oct. 30, 1998 | 4:29 a.m.

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

The committee said Lueck placed a newspaper advertisement that Fine had been "convicted" in a case in which she was ordered removed from office. It said "convicted" implies a criminal action, which was not involved in this case. It found Lueck placed other advertisements that misrepresented the present status of Judge Fine, claiming it would be "wasting your vote" if a ballot was cast for Fine.

It ordered Lueck 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.

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.

The commission also found James Mahan committed an unfair practice in his election race against Michael Cherry for district judge in Department 17 in Clark County.

The panel ordered Mahan to remove language from his publications 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.?"

It said Mahan, in his television ads, violated the judicial canons "by not maintaining the dignity appropriate to judicial office and did not act in a manner consistent with upholding the integrity and independence of the judiciary."

Both decisions were signed by acting commission chairman Steven Wolfson.