Venetian seeks replacement of lien judge, master

Wednesday, Oct. 17, 2001 | 9:22 a.m.

CARSON CITY -- The Las Vegas Strip's Venetian megaresort asked the Nevada Supreme Court on Tuesday to remove Senior District Judge James Brennan and a special master from a case involving more than $300 million in construction lien claims against the property.

David Frederick, a lawyer for the Venetian, told the court that Brennan should be disqualified and the case should be handled by a district judge who is elected by the people.

He said senior judges have lifetime appointments without ever facing the voters, Frederick said. "There is no accountability to the taxpayers and voters," he said.

But Justice Bob Rose told Frederick the Nevada Constitution gives the court the authority to assign retired judges to temporary duty as senior judges. "We have independent authority to appoint the judges," Rose said.

Thomas Wilson, an attorney representing some of the lien holders, said Brennan was appointed by the court in 1999 to handle the Venetian case and has signed more than 100 orders. He said it should not be the policy of the court "to change judges when a party's not happy with the outcome."

The court took the arguments under submission and will rule later.

In a pre-hearing petition, the Venetian said Brennan has stripped the hotel-casino of its lawful rights without waiting for evidence to be presented at a hearing. "He has repeatedly evidenced his aversion to the Venetian's statutory rights," said the petition.

The petition refers to Brennan's decision in 1989 to resign as a district judge in Clark County rather than face a federal indictment in connection with allegedly withholding valuable securities belonging to a New Jersey woman. Brennan was never indicted.

Frederick also urged the court to disqualify Special Master Erika Pike Turner, a former law clerk for Brennan and a member of the law firm Gordon & Silver. He argued Turner has been deciding legal issues, which is the job of the district judge.

This is an unconstitutional delegation of authority, Frederick said. He also said Gordon & Silver represents clients who have made demands on the Venetian. The law firm, said the pre-hearing petition, has clients who have direct or indirect interest in the case that are "adverse to the Venetian."