Judge’s gaming license prompts debate

David Strow

Friday, Nov. 5, 1999 | 11:12 a.m.

Nevada Supreme Court Justice Cliff Young received approval for a state gambling license Thursday on condition he not hear certain cases involving gaming.

Young, the longest-serving current member of the seven-member Supreme Court, received state Gaming Control Board approval as part of a consortium of relatives owning a stake in a Lovelock Chevron station, which will operate five slot machines. Young owns a 30 percent stake in the station in the Northern Nevada city.

As a condition to receiving this license, Young is now required to excuse himself from cases involving the enforcement of Nevada gaming laws, including cases involving testimony from agents of the Gaming Control Board and the Nevada Gaming Commission.

Nevada gaming regulations prohibit certain government officials, including judges, from holding a gaming license. This provision can be waived if the official does not become involved in any case involving enforcement of Nevada gaming regulations or laws.

"This has occurred a number of times in the past," Steve DuCharme, chairman of the Gaming Control Board, told the Las Vegas Sun. "This is the language that has previously been understood as the condition (for a waiver)."

DuCharme emphasized, however, that Young would not be required to excuse himself from gaming cases that did not involve enforcement issues, such as civil suits.

It's estimated that Young would only have to excuse himself from a couple of cases per year, though that number would increase significantly should Young decide to recuse himself from all gaming-related cases.

Young could not be reached for comment. He did not attend Thursday's Control Board meeting in Las Vegas where his license was approved, but DuCharme said he was aware of the conditions and had consented to them.

Chief Justice Bob Rose, who is also barred from hearing such cases because of an interest in a Henderson bar with gaming, said recusals are few and far between.

"If I'm disqualified in a dozen to 15 cases a year, it's a lot," Rose said, noting that he hears 2,000 cases a year. "We sit in panels of three now, so if there is a question whether Cliff or I should sit on a case, it could easily be handled by referring to another panel."

Rose said he does not recuse himself from gaming cases in general. He no longer owns the Henderson property, but is still disqualified because he holds a promissory note on it.

"As far as my office is concerned, (Rose's recusals) haven't created any difficulty as far as state cases have been concerned," said Kirk Hendrick, chief deputy attorney general for gaming. "It hasn't come up enough."

Other state officials barred from receiving a license under state regulations include members of the attorney general's office, members of a district attorney's office, any state or local law enforcement official and any member of the Control Board or Gaming Commission.

Young's approval gave industry opponents new ammunition against Nevada -- a state they claim is ruled by gaming interests.

"It's like Donald Trump running for president ... why not let a supreme court justice have a little mom and pop operation for himself?" said Tom Grey of the National Coalition Against Gambling Expansion. "It confirms what we've said about gambling being out of control.

"My sense would be ... the judge ought to earn a paycheck and stay out of (gaming). There's a great deal of litigation involving gambling in Nevada. It would seem to me we ought to keep the bench clear and pure."

But Rose strongly denied any specter of impropriety.

"I don't think it creates any conflict, because we are eliminating the conflict by not sitting on those cases that are gaming related," Rose said.

Similar waivers have also been granted to law enforcement officials and lower judges throughout the state, including Clark County Justice of the Peace James Bixler, DuCharme said.

Young, a former Republican state senator from Reno, was first elected to the Supreme Court in 1984. He was elected to a third six-year term in 1996.