Claims of ‘judicial tampering’ emerge after judge’s recusal

Jeff German and J. Patrick Coolican

Thursday, Feb. 22, 2007 | 6:59 a.m.

U.S. District Judge Larry Hicks removed himself without explanation Wednesday from highly charged civil litigation that led the FBI to investigate ties between Nevada Gov. Jim Gibbons and wealthy campaign contributor Warren Trepp.

Hicks' recusal prompted the man suing Trepp, former business partner Dennis Montgomery, to issue a statement accusing Gibbons of "judicial tampering" - essentially forcing the Reno judge's voluntary removal by appointing his nephew, Josh Hicks, several weeks ago as the governor's chief legal counsel.

Gibbons, while visiting the Legislature on Wednesday, said of Montgomery's allegation:

"I find that to be absurd. I've known the Hicks family for more than 30 years. He came from the attorney general's office, and he's highly skilled and highly qualified. This accusation goes to the character of Mr. Montgomery who would make such a charge."

Hicks is the second judge to remove himself from the case. He was assigned to it after U.S. District Judge Brian Sandoval, a former Republican Nevada attorney general, removed himself without explanation on Nov. 6.

Larry Hicks made no reference to his nephew in a one-page order filed Wednesday disclosing that he was getting off the case.

"Due to a number of considerations applicable to this and related cases, the Honorable Larry R. Hicks recuses himself in this action," the judge wrote.

The "action" is the legal battle, occurring on several fronts in Reno federal court between Montgomery and Trepp and his high-tech company, eTreppid Technologies LLC, over sensitive software sought by the U.S. government in the war on terrorism.

The FBI has launched a preliminary investigation into Montgomery's claims that Trepp showered Gibbons with unreported gifts, including an expensive Caribbean cruise in 2005, for help in landing eTreppid lucrative federal defense contracts.

Montgomery also alleges that Trepp enlisted Gibbons in an effort to muscle Montgomery out of valuable computer code - including leaning on Nevada U.S. Attorney Daniel Bogden to get the FBI to raid Montgomery's Northern Nevada home.

Both Trepp and Gibbons have strongly denied the allegations, and Trepp has accused Montgomery in the civil litigation of stealing eTreppid property.

Hicks declined comment Wednesday on his decision to get off the civil cases that he has presided over since November. Why he waited until Wednesday to distance himself from the litigation between Trepp and Montgomery is not known.

In the past, Hicks has removed himself from cases after he learned that his nephew was one of the lawyers involved, said Melissa Subbotin, the governor's press secretary.

Gibbons sent out a news release Dec. 14 - two weeks before he was sworn into office - that the younger Hicks would be his top legal adviser. The Sun disclosed the connection between the judge and his nephew in a story last Saturday.

In his statement Wednesday, Montgomery charged that Gibbons deliberately hired the younger Hicks to influence the litigation.

"We were content with Judge Hicks," Montgomery said. "But the appointment of his nephew by Gibbons was a significant factor in Hicks recusing himself, and that's nothing but judicial tampering by Gibbons.

"We've waited a year to have these cases ruled on by the Nevada judiciary. I've spent a large sum of money to try to get justice in Nevada. And Gibbons comes along and appoints Judge Hicks' nephew to disqualify the judge."

Montgomery's words also brought a rebuke from Subbotin.

"Josh Hicks was appointed based on his qualifications and experience," she said. "It had nothing to do with Mr. Montgomery. As far as we're concerned, we have put this issue behind us and we're moving forward in leading the state of Nevada."