Judge rules Hardcastle can hear Rhodes’ fraud case

Greg Tuttle

Wednesday, Sept. 27, 2000 | 10:51 a.m.

District Judge Kathy Hardcastle can remain on the case of a North Las Vegas city councilman accused of insurance fraud, a judge has ruled.

On Tuesday District Judge Donald Mosley rejected a request by Rhodes' attorney, Robert Lucherini, to remove Hardcastle from the case. Lucherini argued that Hardcastle's background 17 years ago in the state's attorney general's insurance fraud unit could create a bias in the case against Rhodes.

Lucherini said he is not challenging Hardcastle's integrity, but said she is "so closely related to the law we are challenging" that she could be "very critical on how she would rule" in this case.

Lucherini also said Hardcastle has a business relationship with many people in the insurance industry from her years in the attorney general's office. She is also acquainted with an insurance agent directly involved in the Rhodes case, he said.

Deputy Attorney General Gregory Hojnowski said Lucherini's argument to remove Hardcastle from the case was based on speculation about how the judge might rule. He said there is no reason for Hardcastle to be removed from Rhodes' case.

Mosley said judges are often called on to hear cases in areas of law where they may have worked in the past. He said Hardcastle should not be removed from the case simply because she has "unique knowledge" of the laws surrounding insurance fraud.

Mosley also said Hardcastle did not have a hand in writting the state's insurance fraud laws, and therefore does not have a "pride of authorship" conflict in hearing the Rhodes case.

Hardcastle's business relationships and her familiarity with an agent in the case are also not enough reason to remove her, Mosley said.

Hardcastle should decide herself whether her legal background and knowledge of the case could lead her to have a bias, Mosley said.

"She is at liberty to recuse or not," Mosley said.

According to the attorney general's office, Rhodes filed false insurance claims following two alleged burglaries at his Diana Drive home, one in February 1997 and the second in September 1998. He is scheduled to arraigned Oct. 11.

Rhodes has denied the allegations and is challenging the state's interpretation of the insurance fraud law used in the case.