Mosley wants misconduct charges tossed out

Friday, Feb. 9, 2001 | 9:30 a.m.

CARSON CITY -- An attorney for District Judge Donald Mosley told the Nevada Supreme Court Thursday that Mosley's constitutional rights have been "trampled" by the state's Judicial Discipline Commission.

Attorney Neil Galatz wants the court to toss out charges of misconduct filed against Mosley, who is accused of using the powers of his office to help him in his personal child-custody battle.

But Mary Boetsch, special prosecutor for the discipline commission, argued that hearings into the allegations should go forward. She rejected suggestions that former commission executive secretary Leonard Gang had "evil motives" in his handling of the Mosley case.

The court will rule later on the arguments.

Galatz said Gang made statements to the press in violation of the rules of the commission about the case. And Gang's statements denigrated the position of the judge, he said.

Boetsch countered, saying Gang made "a couple of generic statements." She said Gang "spoke in a neutral way and did not denigrate Mosley's position."

Galatz concentrated his attack on the appointment of two alternate members to the discipline commission. He said they must be named by the state of Nevada Bar Association.

The bar, he said, submitted a list of names and let Gang select the two names. Gang named B. Mahlon Brown Jr. of Las Vegas and Larry Hicks of Reno.

"Gang had no authority to appoint" the alternate members, Galatz said.

Mosley is charged with showing favoritism to a criminal defendant who testified on his behalf during a bitter and lengthy child-custody battle with Terry Mosley, his former girlfriend.

He is also accused of using official District Court stationery to write school officials about his son, who was born in 1992.

Mosley has also sued individual members of the discipline commission in federal court.

Galatz told the court that Commissioner James Beasley continued to serve during the handling of the Mosley case while he was representing Terry Mosley. He said Beasley sat through the proceedings and he "should have disqualified himself earlier."

Boetsch said Beasley "played no part in this matter." He was appointed after the case was filed and was not present at any vote and never participated in the discussions, she said.

Galatz also complained that Gang read a newspaper story about alleged misconduct of Mosley on a Saturday and filed a complaint on Monday.

Justice Bob Rose asked Galatz whether Gang should have ignored the allegations of misconduct. Galatz replied that Gang should have made "judicious inquiries before jumping into this."