Judge told own up to donations - News

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Feb. 27, 2008
Copyright © Las Vegas Review-Journal

Judge told own up to donations

By ED VOGEL
REVIEW-JOURNAL CAPITAL BUREAU

CARSON CITY -- The state Judicial Discipline Commission unanimously has adopted an agreement that requires Clark County District Judge Lee Gates to acknowledge making two improper political donations in 2004.

But the agreement announced Tuesday, under which Gates would escape any fines or criminal charges, cannot be executed formally until a later date when it can be discussed at a public hearing.

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Gates' lawyer, Thomas Pitaro, is busy on a federal case and will not be available until after that trial is over. Once he finishes, Pitaro must make arrangements with the commission to schedule a hearing on the Gates agreement.

Under the agreement, Gates must acknowledge making two improper $5,000 donations from his unspent campaign funds in 2004.

The donations, made to Las Vegas Justice of the Peace Karen Bennett-Haron and Nevada Supreme Court Justice Michael Douglas, used contributions left over from Gates' 2002 re-election campaign, when he was unopposed.

Using leftover campaign money to contribute to other candidates is not among the approved uses of such funds.

Gates also will be required to attend at his own expense a course on ethical issues in the law offered by the National Judicial College. In addition, he must accept full responsibility for the violation, issue a public apology and receive and accept a public censure from the commission.

Gates, who announced earlier this month that he would not seek re-election, was appointed to the bench in 1991. Before that, he was a deputy public defender, private attorney and deputy district attorney.

He is married to former Clark County Commissioner Yvonne Atkinson Gates, who is facing a Las Vegas police investigation into whether she illegally paid relatives campaign funds that were funneled back to her.

Also, Gates' stepson, Brian Atkinson Turner, is facing child endangerment and drug charges.

Contact Capital Bureau Chief Ed Vogel at evogel@reviewjournal.com or (775) 687-3901.

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Please enter your name Name: Please enter your email Email: Please enter a comment COMMENTS : (word count limit is 300) You have reached the maximum number of words allowed Current Word Count: Note: Comments made by reporters and editors of the Las Vegas Review-Journal are presented with a yellow background. Report abuse Patrick wrote on February 29, 2008 09:31 AM: This article is incorrect in one regard. Using leftover campaign money to contribute to other candidates IS among the approved uses of such funds. (See Nevada Revised Statutes section 294A.160(2)(c)(1).) Judge Gates's violation was not that he made the contributions, but that he failed to report those contributions on his Campaign Expense Report(s). The RJ should consider printing a correction. The fact is that this was probably nothing more than an oversight. Mind you, I am not commenting on any of the other allegations of corruption in the article or the prior comments--I am just pointing out that the article is misleading by suggesting that THIS was a more nefarious violation of law than was actually committed. Report abuse undr cvr wrote on February 27, 2008 06:07 PM: Well Said, Unfortunatly, being a defense attorney and later judge/justice...one would always have bad guys on their resume. Former partners, associations, etc could have the appearence of something sinister but comes with the territory. Cherry's fingerprints are on a lot of things some by virtue of what comes with the profession (crossing paths with a lot of questionable characters)...but some things have evidence of crossing the line in violation of federal law and must be distinguishable from the other. The reason why federal law is so important and why RICO and public corruption comes into play is that without the feds...the inner circle inside state officials and agencies will protect each other (ie cover up for the good of all) Enough rambling...bottom line is association isnt necessarily a smoking gun....but what happens IN the association. Report abuse Well Said wrote on February 27, 2008 10:28 AM: Well said undr cvr, Has anyone been following the "Medical Mafia" case? Well here is a coincidence. Self admitted shyster Dr Thalgott is represented by Justice Cherry's old law partner. Dr Thalgott is also on two LLC's with Cherry's old law partner. What a coincidence that there is always a connection to the same bunch. Report abuse undr cvr wrote on February 27, 2008 10:10 AM: Vindictive, This is just the tip of the iceberg and designed to distract the public and perhaps the feds from more serious matters involving judges. The problem is that the 'Commission' IS part of the problem and is only making a recent showing of administrative effort. Apparently the only people that are buying into all this is the RJ. Report abuse Rodman wrote on February 27, 2008 07:01 AM: OK, so now we know Gates gave $10,000 to two of his judicial candidate peers. Question is, if he had money to give away, did he also have other funds left from campaign contributions? If so, where did these funds go; to Homes by Yvonne, his family or are they still in his position? Vindictive just wrote that perhaps the feds should look into all state judges which is not a bad idea, but if they choose to do so may we suggest they start with Gates. P.S. where do the charges and disposition of the cases against Yvonne Gates and Brian Turner stand or are they just more wasted efforts by Roger and his staff? Report abuse Vindictive wrote on February 27, 2008 03:31 AM: I used to think that charges of Judicial corruption in Nevada were overblown, but what other conclusion is one to come to when you read about this time and time again? How are the citizens of Nevada supposed to have faith in the unbiased, fair, and ethical application of the law when the very people tasked with ensuring that that happens are lawbreakers themselves? I think the Feds need to conduct an investigation into the questionable character and misdeeds of the state's judges. Not to do so would be, well, a miscarriage of justice.