Panel: Mosley violated judicial canons

Kim Smith

Wednesday, March 6, 2002 | 11:10 a.m.

An attorney for District Judge Donald Mosley said he intends to file an appeal with the Nevada Supreme Court after the state's commission on judicial discipline Tuesday found the judge violated seven judicial canons.

Mosley, who has been a Clark County District Judge for almost 20 years, was accused of violating 10 judicial canons during three incidents between 1997 and 1999.

"I don't believe the Supreme Court will agree entirely with the Nevada Commission on Judicial Discipline on this one," said Dominic Gentile, who represented Mosley along with attorney Thomas Pitaro.

The commission ordered Mosley to attend the first available general ethics course at the National Judicial College in Reno and pay a $5,000 fine to the Clark County Law Library.

In addition, the commission will give Mosley a "strongly worded censure."

Mosley was accused of using his judicial stationery to write to his son's principals and of releasing a criminal defendant from jail at the request of a family friend.

In addition, Mosley was accused of meeting with a criminal defendant and his attorney, Catherine Woolf, numerous times without a prosecutor present.

Mosley also failed to recuse himself from the man's criminal case until the morning the defendant testified on his behalf at a child custody hearing.

Moreover, Mosley was accused of calling a state prison twice to check on the criminal defendant -- despite the fact he was no longer the presiding judge.

The commission heard testimony during a four-day hearing last week and announced Tuesday they believe Mosley violated seven of the 10 canons.

The commission found Mosley acted inappropriately, for the most part.

It ruled, however, that Mosley did not act inappropriately when he spoke with Woolf on one occasion or when he placed two phone calls to the prison. The commission ruled that Mosley's "intervention may have been required" in the second instance because the defendant's safety was at risk.

Gentile said he has 15 days to notify the commission that he plans to file an appeal.

Although Mosley is running for re-election in November, Gentile said he doesn't believe the commission's decision will negatively affect the judge.

Mosley always received high marks in the biennial Judicial Performance Evaluations, which are conducted in part by the Clark County Bar Association, Gentile said.

Gentile said his reaction to the news was "mixed."

"We're disappointed they found any violations at all. On the other hand, we would agree with the commission that if there were violations, they weren't made knowingly or deliberately," Gentile said.

Had the commission determined Mosley had acted willfully he could have been removed from the bench or been prevented from running for re-election.