Heller claims Del Papa failed to file suits

Monday, March 10, 2003 | 11:04 a.m.

CARSON CITY -- Secretary of State Dean Heller today accused former Attorney General Frankie Sue Del Papa of dropping the ball in failing to file suit against 15 errant political candidates who missed deadlines in submitting campaign reports in 2000.

The final deadline for filing suit to collect the penalty from these 15 people was in January this year, and Heller said the actions have not been brought, despite continued prodding by his office of Del Papa.

"We have recently discovered that although we had requested Del Papa's office to take legal action against these candidates on July 24, 2001, and several times thereafter, her office failed in its responsibility to file civil suits against these individuals in accordance with the law," Heller said in a news release.

Attorney General Brian Sandoval, who took over in January, said today that Del Papa made a decision to take no action on 12 cases until further investigation and settlement discussions could be held.

Sandoval said the open cases were turned over to deputies in the office in October 2002 for review and prosecution.

Sandoval said he asked for a review of the open cases in February and it was then he discovered the two-year statute of limitations had expired. "As a result, no further legal action can be taken against any of the candidates in the open cases and these matters must be closed," he said.

Sandoval said the deputy attorney generals involved will be counseled and have a "letter of instruction" placed in their personnel files. He said he would send the matter to the state Bar Association for review.

He said he regretted the error and pledged it wouldn't happen again.

Del Papa could not be reached for comment.

Heller last year butted heads with Del Papa on several issues. They got into a spat over an investigation of Democratic Attorney General Candidate John Hunt.

Heller wanted to proceed with the probe and the attorney general's office did not agree with him. Eventually Senior Deputy Attorney General Kateri Cavin, who advised Heller, was transferred out of Heller's office at his request.

Heller's office still has not completed the investigation of Hunt.

Chief Deputy Secretary of State Renee Parker said the first suit deadline missed was in August 2002 for those who failed to file their first campaign report in August 2000; the second deadline was October 2002 for those who failed to file their second report and the third deadline was this January for those who did not timely submit their final report in January 2001.

Parker said the attorney general's submitted the proposed complaints earlier this month but then learned the statute of limitation had expired.

Some of the candidates owed as much as $15,000 in fines for failing to file or filing late their campaign contribution and expense report late.

Among those candidates involved were Philip Dane, an Assembly candidate from Clark County who owed $5,000; Juana Jordan, a candidate for the University and Community College Board of Regents from Clark County who owes $10,000 and Judith Lynn, a candidate for the Assembly who owed $675.

Others from Clark County included Victor Miller, a justice of the peace candidate in Boulder City who owed $15,000; David Phillips, a regent candidate who owed $10,000; Todd Poulton, an Assembly candidate who owed $10,000; Harold Sims, an Assembly candidate who owed $1,175 and Lou Toomin, a Senate candidate who owed $225.

Parker said two other candidates from Clark County started to make payments but their checks bounced. They were Byron Goynes, an Assembly candidate who owes $5,150 who submitted a check for $100 that was rejected and Cheston Williams, a candidate for the Clark County Commission who owes $350 and submitted a check for $100 that bounced.

Parker said Heller asked the attorney general's office to also file civil suits in these two cases.

Heller said he sent a personal letter to Del Papa on Jan. 16, 2002, further demanding action be taken in regards to these cases. "But apparently, for some reason unbeknownst to me, these case files were allowed to languish."

He said, "When someone chooses to run for public office, he or she has a responsibility to uphold the public trust by adhering to the state's election laws."

Heller said, "I am deeply concerned about the message it sends to candidates that the general public when the state's chief legal office fails to take appropriate legal action against candidates who violate the law. This is especially troubling in light of the fact that on several occasions I had specifically requested such action be taken."

But in the 1998 election, the attorney general's office said Heller never turned over the names of delinquent candidates. His office intends to turn over to the attorney general's office a list of the delinquent candidates from the 2002 election sometime after March 15.

In 2000, there were more than 200 candidates who filed their reports late or not at all. All but 60 paid fines, he said. The names of the 60 were turned over to Del Papa's Office on July 24, 2001. Then 276 more paid fines or are currently making payments, leaving 33 in violation.

He said suits were filed about 18 of these candidates but no action was taken against the remaining 16.