Attorneys: Fed court no place for Mosley case

Greg Tuttle

Friday, Sept. 1, 2000 | 11:26 a.m.

A federal lawsuit filed against the state Judicial Discipline Commission by Clark County District Judge Donald Mosley should be tossed out, according to attorneys for the commission.

Mosley filed the lawsuit in U.S. District Court in Las Vegas last month, accusing members of the discipline commission of bias. The commission is considering 11 charges filed against Mosley, including allegations he gave special treatment to criminal defendants in return for help in his own personal child-custody battle.

The discipline commission denied a motion Aug. 14 to dismiss the judicial misconduct complaint, and Mosley had 30 days from that date to appeal to the Nevada Supreme Court.

Meanwhile, U.S. District Judge Justin Quackenbush has said he will order a stay preventing the commission from proceeding on the complaint if Mosley appeals to the state's highest court.

But attorneys for the discipline commission said in court records filed late Wednesday a federal judge should not interfere with a state judicial proceeding. They said there is a "strong federal policy" against such interference except under the most "extraordinary circumstances."

The federal lawsuit filed by Mosley should also be dismissed because judges have immunity from lawsuits that seek monetary damages based on their judicial actions, the attorneys said.

"This absolute immunity applies to members of a disciplinary committee acting in a judicial capacity as well as nonjudicial defendants acting pursuant to the command of the court," according to the commission's attorneys.

Mosley has said the allegations of misconduct against him stem from a bitter child-custody battle with his former girlfriend.