Columnist Jeff German: Chairez’s eligibility debated

Friday, July 27, 2001 | 4:43 a.m.

Jeff German is the Sun's senior investigative reporter. He can be reached at (702) 259-4067 or by e-mail at german@lasvegassun.com

DON CHAIREZ may be the new front-runner in the 2002 race for district attorney.

But there's talk at the courthouse that Nevada's constitution could bar him from being a candidate.

And that's bringing a smile to the face of at least one of the other top candidates in the race -- Chief Deputy District Attorney David Roger, the lead prosecutor in the Ted Binion murder case.

It turns out that Article 6, Section 11 of the constitution prohibits judges from running for any other office during the length of their term.

Chairez was elected to a six-year term as a district judge in November 1996, but he resigned in 1998 to run for Congress.

Though he hasn't been in office for three years, his term officially won't expire until the end of 2002, two months after the November election.

His political adversaries say that makes him ineligible to run.

"It's an issue that Don will have to take up with the election department," Roger says.

But Chairez, who worked in the DA's office before he became a judge, sees things differently.

"As far as I'm concerned, I'm running for the district attorney's position," Chairez says. "They must be afraid of me if they don't want me on the ballot."

Chairez says the constitution makes it clear that any elected official's term is over upon his death, resignation or conviction of a felony.

In his case, he adds, his 1998 resignation should end all of the courthouse chatter about his lack of eligibility to run in 2002.

Chairez insists that his term now belongs to District Judge Mark Denton, who was appointed and then got elected in 1998 to serve out the remaining four years of the term.

The former judge says he's confident he would prevail in court if the legality of his candidacy was questioned.

"It's not absolutely 100 percent clear-cut, but it has never been challenged in a judicial context," Chairez explains.

The last time such a constitutional conflict surfaced was in 1974, when Jim Santini resigned from the District Court bench to run for Congress.

The secretary of state refused to acknowledge Santini's candidacy, and the matter wound up at the Nevada Supreme Court, which ruled the state's constitution can't bar a judge from running for a federal office. Santini went on to win the congressional seat.

Chairez, meanwhile, has nothing but praise for Roger, a fellow Republican he sees as his biggest competition.

He says he's so fond of Roger's work that if elected, he'd like to put him in charge of the Major Violator's Unit -- which boasts of having most of the DA's heavy hitters as members.

"David Roger has been doing an outstanding job," Chairez says. "I have nothing negative to say about him. I envision him heading up the Major Violator's Unit. That's where he belongs."

Roger calls Chairez a "nice man" and says he appreciates his opponent's kind words.

But Roger explains that he would prefer to be the top dog in the district attorney's office.

So brush up on your constitutional law, friends, and let the race begin. *

Retiring District Attorney Stewart Bell says he's not throwing his support to any of the candidates in the race. He just wants the best candidate to win.

As for his own political future, Bell says he may run for one of two new district judgeships up for grabs in 2002.

One of his top deputies, David Wall, another Binion murder case prosecutor, also is said to be eyeing an open judicial seat.

Wall recently was named a team chief in the DA's office.