Tuesday, Feb. 15, 2005 | 11:06 a.m.
CARSON CITY -- A senior federal judge has dismissed a suit by District Judge Donald Mosley of Las Vegas who complained he was improperly penalized by the state Commission on Judicial Discipline.
Mosley was fined and censured by the commission for his conduct when trying to gain custody of his son in a bitter battle with the boy's mother, Terry Figliuzzi.
Mosley, asked today whether he would appeal the ruling, said he is considering his options and "a decision should be made fairly soon."
Senior U.S. District Judge Justin Quackenbush, in a nine-page decision issued Feb. 10 in Las Vegas, said the members of the Discipline Commission were entitled to "absolute judicial immunity" from suit.
The Discipline Commission must investigate allegations against judges and then decide if they are justified. Quackenbush, who presided in Washington state until his retirement, said the commission acts much like a prosecutor.
"However, prosecutorial functions that require the exercise of discretion are also absolutely immune," said Quackenbush. He added the commission must be free to pursue disciplinary action "free from intimidation and harassment."
Mosley was out of town and could not be reached for comment.
Quackenbush noted the Nevada Supreme Court twice considered appeals by Mosley and rejected them.
The Discipline Commission in February 2002 fined Mosley $5,000, censured him and ordered him to attend a general ethics course at the National Judicial College at his own expense.
Mosley filed a federal court suit, claiming he was denied the right to "substantive due process" by the commission and said his right to continued public employment has been substantially injured.
He claimed the federal racketeering laws were violated when Commissioner Donald Campbell and James Beasley refused to excuse themselves from the case. He alleged they had a conflict, an allegation both lawyers rejected.
The commission found Mosley guilty of seven violations. But the Supreme Court, in a split decision, said the evidence showed violations only on five of the seven counts.
The court said there was ample evidence to show Mosley twice violated the judicial code by writing letters on official letterhead stationery to the principal of his son's school.
The other three counts dealt with the custody battle and the sentencing of Joseph McLaughlin, who had pleaded guilty to robbery and burglary and who also was Figliuzzi's landlord. The case was transferred to Mosley for sentencing.
After meetings between McLaughlin's attorneys and Mosley and between McLaughlin and the judge, McLaughlin and his wife signed affidavits for Mosley to use in his custody case against Figliuzzi.
Mosley did not recuse himself after McLaughlin's wife had testified in support of the judge at the custody hearing.
Mosley has custody of his son Michael.
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