No firm date for Augustine hearing

Thursday, Oct. 28, 2004 | 9:44 a.m.

CARSON CITY -- Gov. Kenny Guinn has not set a firm date for the Legislature to start the impeachment process for state Controller Kathy Augustine, but it could be either Nov. 8 or Nov. 10 and the trial could extend into December.

But Lorne Malkiewich, director of the Legislative Counsel Bureau, said plans tentatively call for the session to begin at 10 a.m. on Nov. 8. That will give the legislators a chance to fly up in the morning and arrive on time, he said.

Greg Bortolin, press secretary to Guinn said Wednesday it could be either the 8th or the 10th but we're not sure yet," on the dates.

"We will do it as soon as the Legislature indicates they are ready," Bortolin said. "It would be pointless to set a date if they (the Legislature) are not ready to roll."

Assembly Majority Leader Richard Perkins, D-Henderson, said the governor talked about the first week after the election, possibly Nov. 8.

"We suggested Wednesday, Nov. 10th, as a better date," Perkins said. That would allow all the counties to canvass the votes of the general election Nov. 2. And he said the staff of the Legislature needs additional time to get ready.

This would be the first impeachment proceeding in the state's history.

Augustine is accused of using state workers to help in her 2002 re-election campaign on state time. She has admitted she should have known the employees were doing the campaign work during state office hours. But she has maintained that she told them to do it in their free time, not during the state workday.

Augustine could not be reached for comment. John Arrascada, attorney for Augustine, said he has not been notified of any starting date. He said the procedures have not yet been nailed down but that the Legislative Counsel Bureau has been working hard to set the ground rules.

Dominic Gentile, attorney for Augustine, said the procedure should start after Thanksgiving. He said the election winners are not certified by the Nevada Supreme Court until late in November. Starting before that creates an issue, Gentile said.

Senate Majority Leader Bill Raggio, R-Reno, said the procedure now being developed calls for the full Legislature to meet on the date set by the governor. The Senate would stay in long enough to pass an appropriation bill to finance the special session and then would recess.

"If nothing else occurs the governor intends to call us in the 10th," Raggio said.

Malkiewich said the cost of the session will depend on how long it lasts. A cost of $250,000 to $300,000 "is not unreasonable," he said today.

He noted that the Senate would be in recess while the Assembly is going through its impeachment process. The senators would not be paid while they are at home. After the Assembly reaches its decision, they would go home and the senators would come back.

The Assembly would consider the evidence whether to impeach Augustine. An impeachment is similar to a grand jury indictment in which a person is accused of an offense.

Perkins said the legislative staff is still gathering information from other states on how to proceed. Malkiewich said a decision has not been made whether to get a special prosecutor, use the attorney general's office or allow one member of the Assembly to present the evidence.

Raggio said if and when the Assembly delivers a bill of impeachment to the Senate, Augustine is temporarily removed from her job. The governor must immediately name an interim controller and that person must be confirmed by the Senate.

Raggio said then Augustine must be given at least 10 days' notice that a trial is about to begin. That would put the trial up against the Thanksgiving holidays and probably would extend the trial into December.

Malkiewich said it's conceivable that a trial in the Senate may not start until after Thanksgiving.

Arrascada said his side would need a minimum of 10 days, giving it time to file motions and challenges in the Senate.

Gentile said he does not expected Augustine to be removed from office. But he said she may be censured by the Legislature. He said there is a "huge legal constitutional issue" on what malfeasance in office means.

Gentile said there will probably not be a "huge differential in terms of recall" of certain witnesses but there will be a difference in terms of bias and motive and to expand testimony by these witnesses.

Raggio said defense lawyers would most likely be given the authority to subpoena witnesses to testify at the trial. Arrascada agreed saying it would be a "travesty not to allow witnesses" to be called by the defense.

Arrascada said he has been reading about 2,000 pages on prior impeachment trials involving mostly former presidents.

Augustine agreed to pay a $15,000 fine to the state Ethics Commission in a negotiated settlement in which she admitted to three counts. The complaint against Augustine was brought by Attorney General Brian Sandoval who will aid in the prosecution in the Legislature.