Whether judge needs law degree focus of campaign

Tuesday, May 17, 2005 | 10:58 a.m.

Sean Hoeffgen

Republican.

Age: 36.

Occupation: Attorney.

Endorsements: Law Enforcement Association of Nevada, Carpenters Union, Central Labor Council, Laborers Local 872, Operating Engineers Local 501, Operating Engineers Local 12, Teamsters Local 14, Ironworkers Local 416, North Las Vegas Police Officers Association and Nevada Concerned Citizens.

Willia Chaney

Democrat.

Age: 62.

Occupation: Executive Director, Smart Start Child Care Center.

Endorsements: Downtown Business Operators Council.

The race for a newly created Municipal Court in North Las Vegas comes down to a debate over whether the judge should be an attorney.

Willia Chaney, who runs a child care center, pulled down more than twice as many votes as attorney Sean Hoeffgen in the April 5 primary when six candidates were on the ballot.

Hoeffgen is campaigning that his legal background makes him more qualified, while Chaney says having a law degree isn't necessary. Common sense and someone with a sense of fairness is what's needed to do the job, she said.

The issue has taken center stage in North Las Vegas, and a bill in the Nevada Legislature may ultimately address the issue of whether a judge needs to be an attorney. Henderson and Las Vegas require its newly elected Municipal Court judges be attorneys.

"I think the campaign is about qualifications for this position," Hoeffgen said. "The judiciary is a highly specialized branch that requires a lot of education, legal training and hands on experience."

Hoeffgen, who spends half of his time representing defendants in Municipal Court, said the courts have a tremendous case load and issues are getting more complex. More defense attorneys are representing clients, and there are experienced prosecutors. Not having an attorney will lead to inconsistent rulings and more appeals, he said.

Chaney points out the city's history of having judges who are not attorneys and said that has worked well. She said her longevity in North Las Vegas is also a plus.

Municipal Court judges preside over misdemeanor trials dealing with such offenses as as domestic battery, DUI and minor drug offenses.

"It is a common people's court," she said. "You need a knowledge of people and need to be fair and just."

Chaney has called for alternative sentencing in lieu of jail time for first offenders when the law allows it. She said people should have a second chance for minor offenses.

As the front runner by her primary showing, Chaney hasn't escaped criticism from Hoeffgen's campaign. His campaign manager, Gary Gray, notified the media about a federal audit conducted in 1999 for Chaney's summer feeding program for children.

The audit found Chaney's program disregarded rules and regulations and may have inflated its claims for how many meals it served. The state Education Department, which administers the program, is seeking $515,828 from Chaney through a collection agency, said Donnell Barton, the director of the Office of Child Nutrition and School Health in the Education Department.

Chaney denies any wrongdoing and said an audit she had conducted said regulations were followed. She has a claim against the state for more than $500,000 that hasn't been paid.

Barton said Chaney's claim was for closing out her feeding program and such expenses as paying off building leases. She said the state didn't process the payment because Chaney submitted paperwork after the deadline.

Nonetheless, Chaney said it was wrong for Hoeffgen's campaign to bring up the issue.

"I don't think it is fair because they don't have all the facts," Chaney said. "I think people should be leery of putting into office, especially any lawyer that makes decisions without having all the facts."

Hoeffgen admits he doesn't know much about the allegations against Chaney, but he said it is important for the public to know as much as they can about candidates before going to the polls.

"The truth is that he got slaughtered in the primary and is desperate to seek something to say negative to attack her character," said Dave Thomas, Chaney's campaign consultant.

Chaney raised more than $61,000 for the primary, most of it by borrowing from her own savings. Hoeffgen raised $32,000. Chaney said she has brought in about $3,000 since then, and Hoeffgen said he will bring in at least that much for the general election.