Motion to dismiss complaints against Judge Mosley denied

Jeffrey Libby

Tuesday, Aug. 15, 2000 | 11:12 a.m.

Although Judge Donald Mosley received on Monday the "full and meaningful hearing" ordered last week by a U.S. District Court judge, the Nevada Commission on Judicial Discipline still denied the motion to dismiss complaints filed against him.

The commission gave no reason for its ruling, but said it will issue a written decision at a future date.

Neil Galatz, Mosley's attorney, said he will appeal the decision to the Nevada Supreme Court.

The commission originally scheduled Monday's hearing in order to answer charges that Mosley showed favoritism to a criminal defendant during a child custody battle in the mid-1990s and that he used court stationary to request that school principals prevent his former girlfriend from visiting their son.

Last week Mosley sued in federal court, claiming he was the victim of a vindictive former lover, biased commission members and improperly appointed commission members.

U.S. District Court Judge Justin Quackenbush ruled that Galatz "raised serious questions as to the impartiality" of the commission.

On Monday, that federal opinion superceded the complaints filed before the state commission. No arguments concerning Mosley's conduct were heard. Instead, the commission found itself presiding over arguments which, had it ruled in favor of Mosley, would have impugned itself.

"In Nevada law, it is presumed that judges are impartial until proven otherwise," said Special Prosecutor Mary Boetsch, arguing that if any of the judges had conflicts or had been appointed improperly, they would have recused themselves from the hearing.

Two commission members have already recused themselves from the case. But according to Galatz, they recused themselves after influencing other commission members and after providing direction for the case.

Galatz testified that Leonard Gang, executive director of the commission, appointed two commissioners based on their prior knowledge of the case. He also claimed that Terry Mosley, the judge's former girlfriend, had tainted the investigation, noting a previous opinion by a U.S. District Judge that detailed her "perjurious testimony."

"What I'm hearing (from Boetsch)," Galatz said, "is 'I want you to accept the facts as I present them without discussion and without cross-examination.' I'm hearing the suggestion that everyone wakes up in the morning full of milk and honey and human kindness. That everyone is good."

Boetsch argued that Gang was just doing his job. She said Terry Mosley was not running the investigation and that if what Terry Mosley said proved true, her motivations were irrelevant. Boetsch summarized Galatz's arguments as red herrings based on the assumption of nefarious agendas.

Galatz also submitted a taped phone conversation from Saturday between himself and prison inmate Robert D'Amore. The conversation detailed two letters Terry Mosley allegedly sent to D'Amore. They suggest that Terry Mosley had influence with the courts and that she had a professional relationship with Boetsch.

Boetsch refused to comment on her alleged professional relationship with Terry Mosley.

The commission gave Galatz 30 days to file with the Nevada Supreme Court. Until that time, and pending a decision from the higher court, the commission will stay any proceedings into the substance of the complaint against Judge Mosley.