Special prosecutor quizzes Mosley in ethics hearing

Kim Smith

Thursday, Feb. 28, 2002 | 9:51 a.m.

District Judge Donald Mosley, after being questioned by a special prosecutor for more than an hour Wednesday, was scheduled today to respond to allegations of ethics violations.

The Nevada Commission on Judicial Discipline as early as Friday could decide whether Mosley is guilty of any of 10 alleged ethics violations. If five of the seven commissioners find that he is, Mosley could be removed from the bench.

Special Prosecutor Mary Boetsch on Wednesday questioned the judge regarding each of three incidents that prompted her to file 10 ethics complaints against him nearly two years ago.

Mosley is accused of writing letters to his son's school principals on judicial stationary and releasing a criminal defendant from jail at the behest of a friend.

Most of the charges, however, stem from the testimony of a criminal defendant made during a child custody dispute involving Mosley's now 10-year-old son Michael.

Joseph McLaughlin, who lived with the boy's mother and testified to being neglectful, had been scheduled to be sentenced by Mosley until the morning of McLaughlin's testimony.

Mosley is accused of not recusing himself in a timely manner and speaking to McLaughlin's attorney on numerous occasions without a prosecutor being present -- ex-parte communication.

Mosley said he doesn't believe that meeting privately with McLaughlin and his attorney was wrong because they never discussed the merits of McLaughlin's case.

The judge said he didn't leave the matter for his attorneys because he thought he was "uniquely qualified" to determine whether McLaughlin was lying about the boy's mother in an attempt to gain favor.

Although Mosley said he knew in August 1997 that he would have to recuse himself, he decided to wait for McLaughlin's next hearing so he could make a record as to his reasoning.

But McLaughlin's next hearing was postponed, and Mosley said he recused himself on Oct. 10, 1997 -- the day of McLaughlin's testimony -- only after he realized he had not done so.

The ethics charges were filed against Mosley after McLaughlin went to a local newspaper with allegations that Mosley had promised him a lenient sentence in exchange for his testimony -- an allegation Mosley flatly denies.

As for the other charge, Mosley told Boetsch that before he released Robert D'Amore from jail on his own recognizance he discussed it with District Judge John McGroarty, who was presiding over D'Amore's case.

He had already determined he wanted to release D'Amore on an "OR" after receiving assurances from family friend Barbara Orcutt that D'Amore would make all future court appearances and would work toward paying restitution in a theft case.

When asked why he didn't simply ask McGroarty to release D'Amore, Mosley said he would never ask another judge to do something unless he was willing to do the same.

"If somebody that I've OR'd goes out and becomes an ax murderer, then it's on me," Mosley said.

Also testifying Wednesday were Clark County District Attorney Stewart Bell and District Judges Michael Cherry and Joseph Bonaventure.

All three testified that it is common practice in Clark County for attorneys to have ex-parte conversations with judges about bail reductions and own-recognizance releases.

Cherry and Bonaventure also told the commission they have, on occasion, released another judge's defendant from jail.