Court rejects petition to remove judge in Mosley custody case

Thursday, July 3, 2003 | 9:19 a.m.

CARSON CITY -- The Nevada Supreme Court Wednesday rejected the petition of Terry Mosley, who sought to have District Judge Robert Estes removed in the child custody battle between her and District Judge Donald Mosley.

The court said Terry Mosley failed to provide the proper documents and "has not demonstrated that extraordinary relief is warranted at this time."

Terry Mosley accused Estes of improper judicial conduct but the court said she failed to provide any minutes or transcripts from the hearing that is subject of the petition for a writ of prohibition.

Terry Mosley also wanted to gain sole custody of her 11-year-old son. The court said she failed to identify the present situation and why a writ is warranted.

It said she will have the right to appeal after Estes makes a decision on the child custody arrangement.

And it said she can file a motion in district court to remove Estes. If that is denied, than she can bring another petition for a writ of mandamus to the Supreme Court.

Terry Mosley, through her lawyer, Andrew Myers, complained that Estes issued a gag order that stops her from speaking publicly about the case. She also alleged that Judge Mosley lied under oath.

She claims the boy is being improperly medicated with a controlled substance with the approval of Estes. She did not identify the controlled substance in her original petition.

Terry Mosley has been battling for more than five years to gain custody of the boy. She said her son wants to live with her.