AG considering strategy in fighting deputies’ fines

Tuesday, Nov. 9, 1999 | 9:48 a.m.

CARSON CITY -- A representatives of the state attorney general said Monday no decision has been made whether to appeal fines levied against two deputy attorneys general for delaying the release of parts of a confidential investigation into allegations against top state gaming officials.

Tom Patton, first assistant attorney general, cited several options to void the $1,500 fine imposed on Solicitor General Mark Ghan and Senior Deputy Attorney General Bridget Branigan, who must pay the money out of their own funds and not the state's.

Patton said his office could ask District Judge James Mahan to reconsider his decision, it could file a writ with the Nevada Supreme Court to overturn the Mahan order or it could proceed with the case and file an appeal after a final decision is made.

"I'm very disappointed to have our people singled out," Patton said. "I have worked with these two people and rarely have I found two people with this kind of integrity."

Mahan found Ghan and Branigan guilty of "dilatory and abusive tactics" in failing to turn over records to lawyers for former gaming investigator Mike Anzalone, who says he was forced to resign in February 1996 because he refused to participate in the investigation on such individuals as former state Gaming Control Board Chairman Bill Bible.

The judge has ordered the attorney general's office to give Anzalone 900 pages of documents so he could prepare his case. Patton said Ghan and Branigan worked hard to assemble 45,000 pages and "while the product was not perfect, they, in my opinion, tried to follow the court order."

Patton said he did not think this would be a black spot on the records of the two lawyers.

"There's been no claim of ethical violation," he said and there's been no move to refer the matter to the state bar for further disciplinary action.

As an option to paying the $1,500, Ghan and Branigan could perform 10 hours of public service.

After Anzalone left the attorney general's office, he filed suit in February 1998 and has been seeking the confidential documents. Mahan ordered them produced.

Most of the documents involve allegations by Ron Harris, a former agent for the Control Board, who was convicted of heading up a slot machine cheating ring. He is presently in prison.

Harris apparently made allegations against Bible, some gaming employees and Las Vegas lawyer Frank Schreck, who represents major gaming clients.

The attorney general's office said it did conduct an investigation into the Harris allegations but denied it violated any laws.

Thomas Biggar, a District Court discovery commissioner, who oversees the sharing of evidence in pretrial maneuvers, initially said the documents should be turned over to attorneys for Anzalone. He said he saw documents that back up the allegations that there were investigations of Bible and others.

Bible and Attorney General Frankie Sue Del Papa were involved in a political feud in recent years.