Editorial: Tough assignment in store for judge

Tuesday, Jan. 30, 2001 | 9:16 a.m.

Four District Court judges, citing conflicts of interest or other reasons, declined last week to hear an ethics complaint filed against Las Vegas City Councilman Michael McDonald. But the fifth judge assigned the matter, James Mahan, didn't recuse himself from what could be a politically explosive case. That Mahan wouldn't flinch shouldn't be too surprising, though, since he hasn't shied from other cases involving political and business heavyweights. Mahan presided over the convention center-expansion dispute between the Las Vegas Convention and Visitors Authority and casino mogul Sheldon Adelson. He also is handling a wrongful termination lawsuit filed against Nevada Attorney General Frankie Sue Del Papa. Last year, in an earlier decision, Mahan agreed with a Sun request to order the attorney general to release records of the secret investigation that Del Papa's office conducted of top state gaming regulators and prominent Nevadans.

The McDonald case could be exceptionally difficult to decide since the ethics law at hand rarely has been invoked. For that matter, the stakes involved couldn't be higher: If McDonald is found to have violated the city's ethics code, he could be removed from office, an extraordinary action that should be reserved for the most egregious of offenses. Mahan also is believed to be under consideration as a nominee to be a federal judge, which would put most judges under even more pressure. No matter what Mahan decides in the McDonald case, he likely will come under criticism. From all indications so far, however, Mahan seems ready for this tough assignment.