Lawyer wants judges ousted

Greg Tuttle

Tuesday, July 18, 2000 | 10:15 a.m.

A Las Vegas attorney suing the State Bar of Nevada to halt a public relations campaign wants all of the federal judges in Nevada to disqualify themselves from hearing his case.

Chuck Gardner filed a motion in U.S. District Court Monday claiming it would jeopardize the "appearance of impartial justice" if any Nevada federal judge presides over the lawsuit because they are members of the state bar association.

Gardner filed the lawsuit in May alleging a public relations campaign by the statewide lawyers association is unconstitutional and misguided. The lawsuit seeks an injunction against the bar association's campaign, which uses the slogan, "Nevada lawyers, making the law work for everyone."

A former deputy attorney general, Gardner says the media campaign is illegal because it uses mandatory dues paid by members to promote a political agenda.

The campaign kicked off last year with billboards and public service radio and television advertisements, but has since been scaled back.

In recent court documents, attorneys for the bar association argue the public relations campaign is generic and not based on a political cause.

A hearing date has yet to be scheduled, but Gardner appears resolved to move the lawsuit out of Nevada.

"This case presents the unfortunate circumstance that no member of the (Nevada) District Court ... may properly hear this case," Gardner said in court documents.

Rules of judicial conduct require judges to disqualify themselves from cases in which a conflict of interest may exist, or even when there is an appearance of a conflict.

Gardner said he does not believe the federal judges in Nevada would be biased against his case, but "it is the appearance of impartial justice that is subject to question here," according to the motion.