Mosley asks for dismissal of charges

Wednesday, Sept. 27, 2000 | 10:39 a.m.

CARSON CITY -- District Judge Donald Mosley is asking the Nevada Supreme Court to dismiss charges of misconduct against him in which he is accused of granting judicial favors to those who helped him in his child custody case.

Mosley, through his lawyer Neil Galatz, said the allegations before the Nevada Commission on Judicial Discipline are "frivolous (and) unsupported by sufficient evidence."

The judge filed his petition with the court after the discipline commission refused to dismiss charges against him. "The court should mandate dismissal and prohibit any further ostensible prosecution," said Galatz.

Galatz said the charges of misconduct stem from a child custody case between Mosley and his former girlfriend. The mother, Terry Mosley, has been carrying a "vendetta" against the judge, he said, adding the discipline commission has responded to "obviously contrived media stories based on hearsay, focusing on suspect contentions outside the commission's assigned jurisdiction."

If the judicial commission thinks it is a serious offense in the personal use of court stationery, then it should petition the Supreme Court to initiate a rule prohibiting the practice. The same goes for releasing defendants on their own recognizance, Galatz said.

Mosley has also filed a suit in federal court against the disciplinary commission.

In March Mary Boetsch, the special prosecutor for the commission, filed charges that Mosley did favors for people, including one accused of crimes by releasing him without bond, in return for helping him in the case to gain custody of his son. And the charges also accused the judge of writing letters on court stationery to school officials about his son.

In his motion for dismissal, Mosley said his former girlfriend hired attorney Donald Campbell, who was later appointed to the discipline commission. He alleges Campbell took part in the early part of the case, including the selection of a prosecutor, before stepping aside.

Campbell, according to the motion in the Supreme Court, had referred the case of the girlfriend to Reno lawyer James Beasley, who was also later named to the commission. Beasley has maintained he has not taken part in the case, but Mosley said he has not had the opportunity to take a deposition from Beasley.

The commission, according to Galatz, has overstepped its jurisdiction. It is acting as investigator, prosecutor and judge in violation of the due process rights of the 17-year judge.

Galatz also said Leonard Gang, the executive director and prosecutor for the commission, made improper comments to the press about the case. Mosley has questioned the constitutionality of the commission. And Galatz quotes from a May 9 newspaper story in which Gang allegedly said he could not comment on Mosley's claim. But Gang went on to say that every state has a judicial discipline commission and the validity of the Nevada commission has been upheld by the courts.

Galatz suggested Gang's statements were wrong.

He also complains Gang was allowed to select alternate members of the commission to hear the case.

The petition was filed last week. The discipline commission will now have a chance to answer the allegations.