Judge recuses himself in Mosley lawsuit against discipline panel

Kim Smith

Friday, Aug. 11, 2000 | 10:14 a.m.

U.S. District Judge Kent Dawson has recused himself from presiding over District Judge Donald Mosley's lawsuit against the Nevada Commission on Judicial Discipline.

Senior Judge Justin Quackenbush of Spokane, Wash., will take over the case, which was filed Tuesday.

Dawson, 55, was confirmed by the U.S. Senate for one of two new federal judgeships in May. He had served on the Henderson Justice Court since 1996 and was the Henderson city attorney from 1973 until 1979.

Traditionally, judges recuse themselves from cases when they know the parties involved, but Mosley's attorney, Neil Galatz, said Dawson did not give a reason for removing himself from the case.

Mosley is scheduled to appear before the commission Monday to answer charges that he showed favoritism to a criminal defendant who testified on his behalf during a bitter and lengthy custody battle.

On Tuesday, Mosley filed a federal lawsuit against the commission and its executive director, Leonard Gang. In it, he claims he is the victim of a vindictive former lover, biased commission members and members who were appointed to the board improperly.

Mosley also asked that a temporary restraining order be issued against the commission to prevent Monday's hearing from moving forward. He wants a permanent injunction to be issued eventually, too.

Quackenbush has yet to make a decision on the restraining order, but Galatz said he can rule on the issue without oral arguments from both sides or he can conduct a telephone or video conference before Monday's hearing.

Quackenbush is the judge who presided over the Patricia Margello murder case late last year.

Margello was killed in August 1998 by Diana Hironaga, Ricardo Murillo and Joseph Balignasa who were hired by Delaware resident Christopher Moseley, no relation to Judge Mosley.

Moseley, who is married to an heir of the Du Pont Chemical Corp. fortune, disapproved of his stepson's love affair with Margello and hired the trio to kill her for $15,000.