Monday, April 25, 2005 | 9:11 a.m.
A Henderson assistant deputy city attorney has been cleared of accusations that she conducted a private practice while on the city time clock.
Assistant City Attorney Michelle Darquea, 35, who has worked for the city for about two years, was accused of double-dipping by a former client, Las Vegas resident Jim Edwards. Darquea represented the 53-year-old Edwards in a divorce case and final order of protection for domestic violence.
The two are embroiled in a civil lawsuit in which Darquea is seeking more than $36,000 from Edwards and $15,000 from his father for unpaid legal bills. He has sued her for malpractice.
Henderson City Attorney Shauna Hughes said she launched a review after hearing Edwards' accusations in a story that aired April 11 on KVBC Channel 3. She said Darquea, using pay stubs, proved to her she represented Edwards on her own time.
"The biggest point they were trying to make is that she represented a private client on city time," Hughes said. "That was the most serious accusation. But she didn't do anything wrong. I looked at the billing records and most of the time she billed for work done on Fridays and weekends. It just isn't double-dipping if a person accounted for their time."
Hughes said Darquea handled the case primarily on Fridays when she had the day off. Darquea, like virtually all Henderson city employees, works four-day weeks. They're expected to put in 10-hour days Monday through Thursday.
Darqua also used her accumulated personal leave when she appeared in court, Hughes said.
In a letter to Hughes, Darquea said she sometimes handled the case Monday through Thursday on scheduled work breaks. She also said in the letter that she appeared in court on the lawsuit for one hour on March 17 by drawing from previous hours she worked for the city on her day off.
Edwards criticized the city's investigation, saying it wasn't thorough because no one contacted him about it. He said he's not surprised by the findings and that city officials are protecting their own.
"It figures," he said. "It's ridiculous that they couldn't find she did anything wrong. I don't know what they investigated. We don't seem to be talking about the same subject. They all think they are above the law, and nothing is going to happen to them."
Edwards said Darquea started representing him in January 2003 just before she left her job as a deputy attorney general to go to work for Henderson.
Edwards also accused Darquea of meeting with him at her city office, but Hughes said there is no proof to that allegation. Darquea told Hughes she worked with Edwards out of her Henderson home.
Edwards was unsuccessful in filing a complaint against Darquea with the state bar a year ago. He said he filed a second complaint in March, accusing her of misconduct.
Darquea, at the instruction of Hughes, won't comment on the case. She defended herself in a letter to Hughes. She called Edwards a disgruntled former client who is angry over the outcome of the case and didn't want to pay his legal bill.
"I'd like to state that there was no abuse of city time or resources on my part," Darquea said in the letter. "I have been an attorney for over 10 years, most of which is in the public sector. I take pride in my work and am proud to serve the citizens of Henderson.
Edwards said he expected the work to be pro bono. He said representation was to be done in exchange for working on her unsuccessful campaign for Family Court Judge in 2002.
Hughes said her office's policy is that assistant city attorney's require her permission before they can take an outside case. That way, the office can determine if there is any conflict of interest involving the city, Hughes said.
Darquea represents the city on civil rights lawsuits.
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