Del Papa fined for leaving deposition in Anzalone case

Kim Smith

Wednesday, Aug. 9, 2000 | 10:37 a.m.

Nevada Attorney General Frankie Sue Del Papa was fined $500 Tuesday for walking out of a videotaped deposition in May.

It was the second sanction levied against Del Papa and her team of attorneys in their 2-year-old battle with Mike Anzalone, a former investigator in Del Papa's office.

Just who will pay the fine remains up for debate.

Anzalone is suing Del Papa, claiming he was forced to resign because he wouldn't participate in an investigation of Bill Bible, the retired chairman of the state Gaming Control Board.

Del Papa walked out of a videotaped deposition in May, and Anzalone's attorney, Christine Manno of Phoenix, asked Discovery Commissioner Thomas Biggar to sanction the attorney general's office.

Manno claimed the attorneys representing Del Papa agreed all of the depositions should be videotaped, but Del Papa's attorneys said they didn't agree to it.

Chief Deputy Attorney General Richard Linstrom said Del Papa's attorneys feared the videotapes could be edited by the media in an attempt to make Del Papa and her office look bad. On Tuesday Biggar issued the $500 sanction and ordered the depositions be videotaped. However, he also said the videotapes should be available only to the attorneys involved in the case.

"We don't think the sanction was warranted, but on the other hand, we got what we wanted," Linstrom said. "It was your typical push and shove in the courtroom."

Linstrom said his office is considering whether to appeal Biggar's decision to District Judge James Mahan.

Until Biggar files a written order, Linstrom said, it will remain unclear who is responsible for paying the sanction -- the lawyers themselves, Del Papa or the state.

Some may not consider $500 a significant sanction, but Linstrom disagrees.

"This particular $500 is important because it will come from taxpayer money or an attorney won't be paid as much as he would have otherwise," Linstrom said.

In November Mahan ordered then-Solicitor General Mark Ghan and Senior Deputy Attorney General Bridget Branigan to personally pay $1,500 apiece for "dilatory and abusive tactics."

His actions came after Manno complained repeatedly that the attorney general's office was withholding documents from her, and Biggar recommended a $3,500 sanction against the attorneys.

On Tuesday Manno said she was pleased with Biggar's decision.

"I'm happy the commissioner sanctioned them so they understand that they have to follow the same rules that the plaintiffs do," Manno said.

Manno said the aborted videotaped deposition cost $1,000 because of car rentals, hotel expenses, court reporter fees and the videographer's salary.