Mosley seeking dismissal

Kim Smith

Monday, Aug. 14, 2000 | 11:31 a.m.

If the Nevada Commission on Judicial Discipline refuses to dismiss charges against District Judge Donald Mosley today, a federal judge will likely halt this week's hearing.

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

However, Mosley and his attorney, Neil Galatz, want the case dismissed, arguing that Mosley is the victim of biased commission members and a vindictive former lover.

They took their fight to the U.S. District Court last week claiming that the commission has refused to hear arguments on a motion to dismiss that was filed in mid-July.

Mosley and Galatz asked U.S. District Judge Kent Dawson to issue a temporary restraining order to stop today's hearing.

U.S. District Judge Justin Quackenbush, who took over when Dawson removed himself from the case, declined to issue the restraining order.

However, in his order, which was issued late last week, Quackenbush demanded the commission provide Mosley a "full and meaningful hearing" on the issue. He also said that if the charges are not dismissed and if Mosley files a timely petition with the Nevada Supreme Court, he will issue a stay while the Supreme Court considers the matter.

Galatz declined to comment on Quackenbush's order, other than to say he was pleased. Dennis Kennedy, who represents the commission, also declined to comment.

If the commission finds Mosley did abuse his power, he could be reprimanded or he could lose his job as district judge, which he has held for 17 years.