Panel to schedule hearing on charges against LV judge

Friday, May 18, 2001 | 10:46 a.m.

CARSON CITY -- The Nevada Judicial Discipline Commission intends to schedule a public hearing soon to examine allegations that District Judge Donald Mosley of Las Vegas gave favored treatment in his court to people in return for their help in his child-custody case.

Alan Rabkin, executive director of the commission, said it would comply with the ruling of the Nevada Supreme Court that the disciplinary hearing could go forward, once two new commissioners are appointed by the Nevada Bar.

The discipline commission started its disciplinary hearing in August 2000, at which time lawyers for Mosley asked that the allegations be dismissed. The commission refused. Mosley's lawyers then said they would appeal to the Supreme Court. All further hearings were held in abeyance until the court's decision.

Mosley has been charged by the commission with showing leniency in sentencing a defendant in a felony case in exchange for testimony that Terry Figliuzzi Mosley was an unfit mother.

A child was born to the couple in February 1992. And they later split, sparking a bitter custody battle.

There was also an allegation that Mosley released a criminal defendant on his own recognizance at the request of a longtime friend, Barbara Orcutt. She later testified on Mosley's behalf at one of the custody hearings.

The Supreme Court Thursday rejected arguments by Mosley that the discipline commission is violating his rights by sitting as both prosecutor and judge in the case. The commission first finds if there is sufficient evidence to go forward with an investigation and then hands out the punishment, which can be as much as tossing a judge out of his job.

Chief Justice Bill Maupin, who wrote the majority opinion, said Mosley failed to show that a co-mingling of the prosecuting and judging duties "poses a risk of actual bias."

"Judge Mosley offers no evidence suggesting that the commission members are dishonest, biased, or prejudiced in any manner," Maupin said.

But the court found that the appointment of two alternate commissioners was improper. The discipline commission is appointed by the governor, the Supreme Court and the Nevada State Bar Board of Governors.

Two permanent commission members -- lawyer James Beasley of Reno and Donald Campbell of Las Vegas -- disqualified themselves in the Mosley case because of prior involvement in the custody hearing.

The Nevada State Bar Board of Governors had nominated 12 alternates to serve in case of disqualifications.

Leonard Gang, then-executive director of the discipline commission, picked two of the alternates. But the Supreme Court said the State Bar improperly delegated this authority to Gang. It said the power to name the alternates cannot be delegated.

The court ordered the State Bar to specifically name two individuals to the commission for the Mosley hearing.

Justices Miriam Shearing and Deborah Agosti agreed with the majority decision that there was no bias shown in the case so far. But they disagreed with the majority decision, saying the State Bar was free to choose a method of appointment for alternatives.

Shearing, in a dissent, said "Nothing in the Constitution indicates that the board cannot delegate the specific one-time selection of a member to a panel from among those appointed by the Board."

Justice Myron Leavitt also dissented, in part, saying, "I disagree with the majority that this fundamental error can be corrected merely by allowing the Board of Governors to appoint two new members to the commission at this stage of the proceedings."

Leavitt also questioned the fairness of the process so far. He said Gang hired an investigator who is the husband of one of Gang's employees. He said an independent investigator would have been preferable.

He suggested the commission should start all over again with an independent investigator.

Neil Galatz, attorney for Mosley, could not be reached for comment.