Mosley expected to appeal formal discipline panel ruling

Monday, Aug. 21, 2000 | 12:03 p.m.

Sun reporter Kim Smith contributed to this report.

CARSON CITY -- Clark County District Judge Donald Mosley is expected to be served this week with a formal decision from the state Judicial Discipline Commission refusing to dismiss a complaint that alleges he gave special treatment to criminal defendants in return for help in a child custody battle.

The written decision was issued Friday. Once Mosley receives a copy, he has 30 days to appeal to the Nevada Supreme Court. Mosley's lawyer, Neil Galatz, said this morning he had not seen the decision and would not comment. However, after the panel gave its verbal decision Aug. 14, Galatz said Mosley would appeal.

U.S. District Judge Justin Quackenbush has said he will issue a stay preventing the commission from moving forward on the complaint if Mosley appeals.

Mosley has also filed a federal lawsuit claiming some members of the discipline commission are biased and that he is the victim of his former girlfriend, Terry Mosley.

The commission also denied Mosley's request to permit his lawyers to take depositions before the hearing.

The decision said the commission "determined that the commission rules do not provide for depositions as requested by the respondent (Mosley) and that no unusual circumstances or just cause was shown as to why the taking of depositions should be permitted."

Mosley is accused in the complaint of giving favors to a criminal defendant who backed the judge in his child custody case in the mid-1990s. He also is accused of using court stationery to request that school officials stop his former girlfriend from visiting their son.

The judge has denied the allegations.