Mosley’s attorney files motion to dismiss

Kim Smith

Thursday, Aug. 3, 2000 | 11:08 a.m.

An attorney representing a former girlfriend of District Judge Donald Mosley in a bitter child custody case could have compromised an ethics investigation that could cost the judge his job, Mosley's attorney says.

Mosley's attorney makes the claim in a motion to dismiss that was filed recently with the Nevada Commission on Judicial Discipline.

Mosley is scheduled to appear before the commission on Aug. 14 to answer charges that he showed favoritism to people who testified on his behalf during the child custody battle a few years ago.

The judge has also been accused of using official stationery to write to school officials about his son.

Mosley could lose his job as a result of the hearing.

Mosley's attorney, Neil Galatz, says in his motion that Mosley's actions "did not constitute violations of any standard or rule governing judicial behavior."

Moreover, Galatz hints that the commission is "beset by procedural irregularity and unfairness."

According to his office, Galatz is on a canoe trip in Maine and cannot be reached for comment.

Leonard Gang, the commission's executive director, declined to comment on the motion and said the individual commission members are precluded from speaking as well.

Mosley said this morning that he could not comment on the case.

Galatz alleges that even though commission member Donald Campbell referred Mosley's former girlfriend to attorney James Beasley, Campbell remained on the commission while the charges against Mosley were being considered.

"Mr. Campbell referred her to an attorney, whom Mr. Campbell had reason to know would be motivated to aggressively seek (Mosley's) prosecution before the Commission," Galatz wrote in his motion.

Beasley himself eventually was appointed to the commission, Galatz said.

"Although commission staff have represented Commissioner Beasley has not 'participated' in (Mosley's) prosecution, this assurance is vague and therefore of little value," Galatz wrote.

"Questions remain as to whether Mr. Beasley was present during any of the discussions of these proceedings or whether he has had any informal conversations with any commission members or staff, regarding (Mosley) or the allegations against him."

Mosley was also investigated by Duane Isenberg, who is the husband of Gang's management assistant, Galatz said. Daneen Isenberg serves at Gang's pleasure, which could have resulted in an unfavorable report for Mosley.

The complaints against Mosley were lodged in March and were sparked by the child custody dispute between Mosley and Terry Figliuzzi, whose legal name is now Terry Mosley.

One allegation is that Mosley met twice with a criminal defendant to see what the man could say on Mosley's behalf at a custody hearing.

Mosley, through Galatz, has since said that while he did discuss the custody hearing with Joseph McLaughlin, McLaughlin knew the judge would not be able to preside over his criminal case if McLaughlin or his wife did testify on his behalf.

Mosley did step aside from the case and another judge sentenced McLaughlin, but not before McLaughlin had testified in the custody hearing.

The judge is also accused of arranging the release of a jail inmate at the request of a longtime friend of his, Barbara Orcutt. Galatz said the judge did arrange for the man to be released on his own recognizance, but he had asked the presiding judge beforehand and that judge did not object.

The Aug. 14 hearing is expected to last one week.