Ethics panel decides not to appeal ruling

Friday, Oct. 12, 2001 | 10:28 a.m.

CARSON CITY -- The state Ethics Commission Thursday voted unanimously not to appeal a ruling by U.S. District Judge David Hagen that two sections of the ethics law are unconstitutional.

Hagen ruled that the parts permitting the commission to impose a fine on those who file vexatious or false complaints against a public official are invalid. And he enjoined the commission from enforcing those sections. Commission Counsel Nancy Lee Varnum said the Hagen ruling has not been used by the present commission, which was restructured in 1999.

The case involved a $5,000 fine imposed against political activist Sam Dehne for filing a complaint against Reno Mayor Jeff Griffin. Dehne and the ACLU of Nevada filed a federal court suit.

Allen Lichtenstein, a lawyer for the ACLU, said he expects the ethics commission would abide by the ruling. He said Hagen's decision made it clear the law was unconstitutional.

The $5,000 fine was imposed before 1999, when the commission was reshaped and the law changed, Varnum said. These types of complaints now never reach the full commission, she said.

Now, when a complaint is filed, a panel of the commission decides whether a full hearing should be held or whether it should be dismissed due to a lack of evidence. Consequently, the frivolous complaints are rejected before reaching a full commission.

Varnum said the "commission has no appetite to go after citizens."

Hagen ruled that Dehne did not have to pay the fine.

Lichtenstein asked why the ethics commission fought the suit if it didn't use the law.

"They (the ethics commission) could have said the law was moot," after the suit was filed and, as a result, saved legal fees and a court battle.

"They fought it to the end to save a law that they say now they don't use. They clearly fought for the law and did not prevail," Lichtenstein said.

Dehne and the ACLU are now seeking nearly $39,000 in attorney fees and court costs. The ACLU wants $22,916 and Jeffrey Dickerson, attorney for Dehne, is seeking $15,654.

The ethics commission directed Varnum to oppose the motion for the fees and $446 in court costs. Lichtenstein said he had no comment on the fee issue; he has not seen the motion, to be filed by Varnum later this month.