State panel won’t drop complaint against judge

Tuesday, Aug. 15, 2000 | 11:06 a.m.

The state Commission on Judicial Discipline has refused to drop judicial misconduct charges against District Judge Donald Mosley.

The seven-member commission delayed a scheduled Monday hearing on the allegations until Mosley's attorney can appeal to the state Supreme Court after a federal judge interceded.

Mosley is accused in a commission complaint filed in March of violating the Nevada Code of Judicial Conduct on 11 occasions, including helping a friend by dismissing charges against a criminal defendant, improperly using court stationery for personal business and discussing personal business with a defendant awaiting sentencing in his court.

Mosley has denied his actions were improper.

During argument for dismissal Monday, Mosley's attorney Neil Galatz compared the proceedings against Mosley to the trial that led to Christ's crucifixion and referred to "The Federalist Papers" in challenging the legitimacy of the commission.

Besides referring to the commission as an illegitimate board that violates due process and its own rules, Galatz asserted that the commission is illegally constituted and that the case against Mosley was improperly prepared.

The commission's special prosecutor, Mary Boetsch, said there is no evidence that Mosley's due process rights were violated.

Though the panel was scheduled to begin hearings on the allegations, a federal judge had ordered the commission on Thursday to hold "a full and meaningful hearing" on the motion to dismiss the charges.

In his decision, U.S. District Court Judge Justin Quackenbush said Galatz "raised serious questions as to the impartiality of the Nevada Judicial Commission as now constituted." He ordered hearings on the claims against Mosley delayed until the Nevada Supreme Court can rule, if it is willing, on the dismissal motion.