Del Papa criticized for failure to sue candidates

Tuesday, March 11, 2003 | 9:40 a.m.

CARSON CITY -- Former Attorney General Frankie Sue Del Papa says criticism that her office failed to follow through on suing errant candidates is politically motivated.

She said Monday that Secretary of State Dean Heller's claims are exaggerated.

Del Papa, a Democrat, took exception to Heller's complaint that Del Papa's office missed the deadlines to bring suit against 15 political candidates who either failed to file or filed late their campaign expenses and contribution reports from the 2000 election.

Heller, a Republican, said he repeatedly asked Del Papa last year to bring the suits to force compliance with state law. Instead, time ran out for prosecutions. The statute of limitations requires that the suits be filed within two years of the violation.

Some of the 12 candidates who failed to file could owe up to $15,000. Three others sent in checks that bounced. Del Papa said she never personally handled any of the cases and did not know the candidates.

Janine Hansen, spokeswoman for the Independent American Party, said this failure on the part of the attorney general's office shores up the claim of her party that the office was remiss.

"It's either selective enforcement or incompetence by the attorney general's office," Hansen said.

The IAP has claimed its candidates are being singled out for disciplinary action.

If defendants can establish that there was selective prosecution, they may be able to have their cases thrown out of court.

Attorney General Brian Sandoval, who took office in January, said he discovered in February that the office had missed the statute of limitations in bringing the suits. He said no further legal action can be taken.

The deputies involved, Sandoval said "will be counseled and a letter of instruction will be placed in their personnel file." He said the issue will be sent to the Nevada State Bar Association to review whether disciplinary action should be taken.

Sandoval, a Republican, told Heller in a letter Monday, "I regret that these errors occurred and I am confident that they will not happen again."

He noted that 60 cases of campaign contribution violations were filed and all but the 15 in question have been taken care of. Eighteen of the cases are still in District Court in Carson City.

Del Papa said there were extenuating circumstances in some of the cases that did not wind up in court. In one case, Wade Adams, a candidate for the Tonopah Town Board who faces a $15,000 fine for not filing any of the three required reports, could not be found, she said.

In two other cases the amounts owed was $225. It would have cost more to bring suit in those cases than could be collected, Del Papa said.

According to Heller, these candidates did not comply with the filing requirements and escaped suits that could have forced them to pay fines: Victor Miller, Justice of the Peace, Boulder City, $15,000; Juana Jordan, university regent, $10,000; David Phillips, university regent, $10,000; Todd Poulton, Assembly, $10,000; Phillip Dane, Assembly, $5,000; Harold Sims, Assembly, $1,175; Judith Lynn, Assembly, $675; Lou Toomin, Senate, $225.

Clark County candidates who bounced installment payment checks of $100 each: Byron Goynes, Assembly, who owes $5,150; Cheston Williams, County Commission, who owes $350.