High court hears Fine’s appeal over firing from bench

Thursday, Sept. 14, 2000 | 11:51 a.m.

CARSON CITY -- An attorney for former Family Court Judge Fran Fine of Las Vegas told the Nevada Supreme Court this morning there was insufficient evidence presented to the state Judicial Discipline Commission to merit what he called a "death penalty" for a judge by tossing her off the bench.

William Terry argued that actions taken in three divorce-child custody cases by Fine were done "for the best interest of the child."

"No bad motive" was involved, he argued.

But Frank Cremen, lawyer for the judicial commission, said Fine committed "willful misconduct" by having "ex parte" communications with psychologists and other experts in the case without lawyers from each side being present. He argued that the judge then made decisions based on the private conversations.

"She suspended the judicial system," Cremen argued. "She threw it out the window. She lost all sense of impartiality."

Cremen conceded Fine may have thought she was acting with good intentions. But, he pointed out, she issued a temporary order changing custody of the child without consulting with either side in one case, and prohibited a mother from seeing her child without conducting a hearing in another.

Chief Justice Bob Rose questioned why Fine was tossed off the court -- the toughest penalty the commission can impose -- if she had good intentions. He said there must be a showing of "willful intent."

Cremen replied Fine "knew the rules" but never followed them. The judge had been sanctioned once before for ex parte conversations, he said.

The court took the arguments under submission and will rule later.

Terry said Fine not only lost her place on the bench but was made ineligible to run for or be appointed to judicial office again. If Fine, who was defeated in the 1998 election, wins, she could try to return to the bench through election or appointment.

Terry told the court that at the time of the violations court rules allowed judges to have some ex parte communications with court personnel. The judge, Terry said, issued temporary orders and the parties were allowed to examine the doctors she had consulted.

"Judge Fine had a right to rely on experts," Terry said.

Fine was also sanctioned for appointing her first cousin to act as a mediator in one of the cases. Terry said the mother and the child in the case were in New Mexico, where Fine's cousin Faith Garfield lived.

The parties involved in the case were never informed that Garfield was related to Fine. When Garfield was not paid, the judge issued an order for the parties to show why they should not be cited for contempt.

Terry said Fine never sanctioned anybody. He said Fine had seen Garfield only three times in a 10-year period and theirs was not a close relationship.

He argued Garfield was appointed because she lived in New Mexico, where the mother resided.

Cremen said, however, the parties never knew until after their divorce that Garfield was Fine's cousin.

Rose suggested it might have been better for Fine to consult her cousin for the name of another mediator who could handle the case in New Mexico.