Friday, Dec. 1, 2006 | 7:19 a.m.
CARSON CITY - Judges should be prohibited from piling up large cash surpluses from unused campaign contributions, the retiring chief justice of the Nevada Supreme Court believes.
Chief Justice Bob Rose, who is stepping down in January, also says judges should be more open in disclosing possible conflicts of interest such as those involving donations from lawyers or parties in a case.
Arguments on changes to the Supreme Court rules and the Nevada Code of Judicial Conduct proposed by Rose and District Judge Brent Adams of Reno will be heard by the high court Tuesday .
The suggested changes come after a Los Angeles Times series earlier this year on Las Vegas judges' alleged conflicts of interest and questionable use of campaign dollars.
Under current Nevada law, a judge may hear cases involving political or personal donors.
Although a judge may feel he can be impartial under such circumstances, "there is the appearance of impropriety where an opposing party or attorney has made a substantial contribution to the judge," Rose said.
Rose has proposed that a judge who receives a contribution of $10,000 or more from a party in a case be required to disclose that fact. The opposing attorney then has the option to ask that the judge step aside.
Other proposed changes would alter laws governing judges' campaign contributions.
Judges now may use left over campaign funds for "judicially related expenses" or save the money for a future race.
Rose has recommended that judges be allowed to keep a maximum of $60,000 or $10,000 annually for the six-year term in unused campaign contributions to use for judicially related expenses or future campaigns. Judges with contributions above that ceiling would be required to either return the money to donors or donate it to charities.
Without a limit, a judge may be motivated "to raise more money than is necessary against no opposition or a weak opponent in hopes of carrying over large amounts of money for expenses during the term and future elections," Rose said. A judge's large untapped political treasury from one election also could effectively discourage opposition in future campaigns.
Such conduct, Rose said, should be discouraged.
Adams has recommended that judges be barred from personally asking for and accepting campaign contributions. Instead, a judge seeking re-election could appoint a committee to solicit donations for his campaign.
The State Bar of Nevada opposes Adams' suggestion, which is similar to laws that have been declared unconstitutional by federal appeals courts in Minnesota and Alabama.
The Clark County Commission had the authority to waive its regulations in permitting a 16-story, 185-foot tower to be built near Flamingo Road and Koval Lane, the Nevada Supreme Court has ruled.
Oscar Nunez had asked for permission to replace three existing residential buildings with a single building to house retail businesses, offices and condominiums.
The Paradise Town Board, the Clark County Planning Commission and the County Commission approved the waiver of zoning regulations, despite a protest by James Kay, who lives near the site. Kay filed suit contesting the authority to grant exceptions.
The Supreme Court, however, ruled that the County Commission was within its rights in permitting the building to encroach into airport airspace and in waiving other requirements dealing with setback distances, recreational areas, open space and parking requirements.
A son of late Republican Gov. Charles Russell is going to be a District Court judge in Carson City.
James Todd Russell has been selected by Gov. Kenny Guinn to succeed District Judge Mike Griffin, who is retiring from the District Court that includes Carson City and Storey County.
Russell, 59, has been in private practice since 1976 and served on the State Ethics Commission for four years, including as its chairman from 2001 to 2003.
A judicial selection commission recommended Russell, Douglas County Justice of the Peace Steve McMorris and Caren Jenkins, a private attorney who is chairman of the Ethics Commission.
To retain the seat, Russell will have to run for election in 2008.
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