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JUDICIAL DISCIPLINE PANEL: Certain charges dismissed

Judge Gates' contributions to two jurists are cleared

CARSON CITY -- The Judicial Discipline Commission on Monday struck certain charges from a complaint filed against a Clark County district judge alleging improper use of campaign contributions.

Removed from the original Nov. 2 complaint were charges that Judge Lee Gates publicly endorsed the candidacies of Las Vegas Justice of the Peace Karen Bennett-Haron and Supreme Court Justice Michael Douglas by making $5,000 contributions to each of the two jurists in violation of the Code of Judicial Conduct.


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  • Gates still faces questions about whether he failed to report the two contributions in a timely manner, and whether it was appropriate for him to use leftover campaign funds to make the contributions.

    But the public endorsement question is no longer at issue.

    Both Bennett-Haron and Douglas were up for election in 2004, and both won their seats.

    An advisory opinion issued by the Standing Committee on Judicial Ethics and Election Practices cited in the original complaint said that contributions over $100, which require public disclosure of the name of the donor on the campaign reports of the judicial candidates, were prohibited. The advisory opinion said a donation large enough to require the disclosure of a fellow jurist's name would constitute a public endorsement prohibited by the Code of Judicial Conduct.

    The order striking those portions of the complaint against Gates, signed by DaVeen Nave, vice-chairwoman of the Judicial Discipline Commission, noted that the Nevada Supreme Court just a year ago amended the rule regarding campaign contributions by members of the judiciary to allow donations in excess of $100.

    The Supreme Court questioned whether contributions by judges in an amount that are subject to public disclosure rules constitute an endorsement of the candidate, adding: "And any limit on the amount that a judge or judicial candidate may contribute to a political candidate beyond those campaign-contribution limits generally applicable to individuals violates the judge or judicial candidate's right under the First Amendment to the United States Constitution."

    Gates still faces other issues raised in the original complaint, and he has until Friday to respond.

    Those issues are whether Gates failed to report each of the $5,000 contributions on his own contribution and expense reports in 2004, and whether the contributions were an appropriate use of leftover campaign funds.

    Gates, who won re-election unopposed in 2002, had leftover campaign funds that he used to make the donations.

    The Code of Judicial Conduct limited the use of unspent campaign funds to specific purposes, and did not include among those uses contributions to other candidates.

    Gates did not report the contributions until filing an amended campaign report in 2007, after an investigation had already begun by the commission into the contributions.

    The complaint also alleges that Gates misrepresented to the discipline commission the facts of the contribution to Bennett-Haron. The complaint says Gates at one point maintained it was made at the direction of his wife, former Clark County Commissioner Yvonne Atkinson Gates, and at another time said it was made at his own discretion.

    A range of penalties are available, including an apology, fine or suspension from office, if the commission finds clear and convincing evidence of a violation.

    Both Bennett-Haron and Douglas reported receiving the contributions from Gates on their campaign reports.

    Gates had been on paid leave from the bench earlier this year, but is back in court. He had no comment on the complaint.

    His attorney, Tom Pitaro, could not be reached for comment on the new order.

    Chief Judge Kathy Hardcastle said in late November that Gates informed her that he would be gone for 30 days.

    "He's indicated it was a personal matter, a personal family matter," she said on Nov. 28, adding that judges are not required to provide a reason for leave.

    Gates' six-year term in district court will expire next year. The filing period for district court judges and judicial candidates to announce their election plans is next month.

    Gates has not announced yet if he will run for another term.

    Another candidate has announced his plans to run for the Department 8 seat, however. Douglas Smith, currently the chief judge of the Las Vegas Township Justice Court, said in an announcement Monday that he will file for the seat.

    Contact reporter Sean Whaley at swhaley@reviewjournal.com or (775) 687-3900.

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    cant say wrote on December 19, 2007 10:21 AM: Any one of these elected officials have the opportunity to do the right thing at anytime.
    The feds can't help but view all this under title 18 as a can of worms. Conspiracies before and after the fact, campaign issues, constitutional violations, cover ups, conflicts of interests.
    As we speak the feds are pulling the pieces together as a public corruption matter with RICO as a driving force as this 'clan' is as we all know is well organized.
    Some of these jerks are in too deep to go to the feds THEY THINK!!!
    But it may be the only way they can save their own skins.
    Meanwhile any or all of us that can help 'connect the dots' for the feds will help accelerate the process.


    cant say wrote on December 19, 2007 08:49 AM: oldlawdawg
    Im dealing with a 'special prosecuter' now, though not independent. He is a piece of....!!!The prosecuter we need is the US Attorney. Maybe not the local one until he has proven himself


    yourconscience wrote on December 18, 2007 11:16 PM: Hey Judge Gates, Why not go rat them out to the Feds? They have no problem hanging your rear end out to dry because their buddy wants your job.

    You would do us proud.


    perverted justice wrote on December 18, 2007 11:02 PM: oldlawdawg, well said. Cherry and Saitta are quite the tag team. Their antics are no longer a secret. Pride comes before destruction and a haughty spirit before a fall. I would say they are about due.


    Mamamia wrote on December 18, 2007 08:54 PM: The funniest joke I ever heard in my entire long life is the name of the Nevada Judicial Discipline Commission!
    Wish I'd thought of it, har har!


    oldlawdawg wrote on December 18, 2007 07:41 PM: The amendmendments to the $100 campaign limit enacted a year ago by the Supreme Court was not retroactive to cover Gate's conduct. This is a whitewash in a continuing effort to cover for Suopreme Court Justice Mike Cherry, the initiatior of the amendment who forced it through with other "changes" because he accepted over $500,000.00 in campaign contributions in his unopposed "walk" to the Supreme Court in that same election cycle, thereby raising speculation that he, too, gave some of those funds to other candiates, most likely Supreme Court candiate and now Justice Nancy Saitta. This situation demands a special prosecutor, niot a whitewash. The ciondeuct of Cherry and the Supreme Court regarding judicial campaigns has been nothing shgort of unseemly and a violation of separation of powers to cover misconduct and, quite likely, crimes by judges now sitting on the Supreme Court, including Cherry and Saitta, and quite likely Hardesty, as well as judges of the Eighth Judicial District. The Supreme Court actually filed a petiotion with itself upon which it held a quick heraing in private and passed new regulations which it then used to broker a deal with the Governor and legislature to avoid new laws absolutely prohibiting the collection of campaign contributions by a candiate in an unopposed judicial race. This entire situation is one of the most blatant cases of mass corruption in recent Nevada judicial history.


    tim wrote on December 18, 2007 02:27 PM: when it comes to dicipline our nv. supreme court is a paper tiger. have to take care of their own,how sad.


    endrun wrote on December 18, 2007 10:57 AM: 'Chief Judge Kathy Hardcastle said in late November that Gates informed her that he would be gone for 30 days.

    "He's indicated it was a personal matter, a personal family matter," she said on Nov. 28, adding that judges are not required to provide a reason for leave.'

    Lets hope he has been invited to Washington DC for meetings with the Department of Justice regarding a few issues.

    That's how they do it!!!


    nehemiah wrote on December 18, 2007 10:50 AM: The people who are actually running this state are the attorney's including the DA and AG, the district judges and supreme court justices (the synagogue of satan)
    definition: 'The Synagogue of Satan is comprised of those who profess to be something they are not. They are also liars, that is, teachers of false doctrine. They lead many astray. See to it that you know who the Synagogue of Satan are, and do not follow them.'

    They say they serve the interests of justice but they only serve their personal interests.


    TIS THE SEASON wrote on December 18, 2007 10:25 AM: Public Corruption - FBI's Top Criminal Priority
    Washington, DC - Combating public corruption is the top criminal program investigated by the FBI. Over the last two years, FBI investigations have lead to the conviction of more than 1,060 government employees involved in corrupt activities, to include 177 federal officials, 158 state officials, 360 local officials and more than 365 police officers. The FBI's highly sensitive public corruption investigations focus on all levels of government. No other law enforcement agency has attained the kind of success the FBI has achieved in combatting corruption. This success is due largely to the cooperation and coordination from a number of federal, state and local law enforcement agencies to combat public corruption. These partnerships include, but are not limited to the Department of Justice, Agency Offices of Inspector General; law enforcement agencies' Internal Affairs Divisions; Federal, State and local law enforcement and regulatory investigative agencies; and state and county prosecutor's offices.

    FBI site
    http://www.fbi.gov/hq/cid/pubcorrupt/pubcorrupt.htm

    Report Corruption Online
    https://tips.fbi.gov/


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