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December 2, 2009

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Attorney wants ethics panel to reconsider fine against constable

Sunday, Jan. 31, 1999 | 9:22 a.m.

In a petition filed Thursday, attorney Frank Cremen asked for a new hearing in which he could make several arguments.

Commission Chairwoman Mary Boetsch said Friday she expects to rule early next week on whether a new hearing is merited.

Should she deny Brown's request, he could seek a vote of the entire commission. He also may seek a review in District Court.

On Jan. 15, the commission fined Brown $10,000 for statements contained in a campaign flier mailed just before the November election in which he defeated Steve Bergstrom.

Commissioners found Brown misled voters in the ad that touted him as "The only qualified candidate for North Las Vegas constable."

In the petition, Cremen said the commission should never have considered the complaint that Bergstrom filed. He argued that constables are officers of the court system and therefore are outside the jurisdiction of the commission.

Cremen also argued that one of the statements judged to be misleading is in fact accurate. Thus, he said no penalty is warranted.

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