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JANE ANN MORRISON: Tempest in teapot, maybe, but candidate should expect ethics complaint

When politicians and their campaigns make technical mistakes, the public may wonder what the big deal is, but opponents can barely contain their glee. The underlying message is: Here's someone who doesn't understand the law. How can you trust them?

Basic rule of politics: If you make the law, enforce the law or judge the law, then make it a point not to break the law.

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  • So when Chief Deputy District Attorney William "Bill" Kephart put out a fund-raising letter using an altered version of his DA's badge that includes the state seal of Nevada as part of the badge, it gave his foes fodder.

    Nevada law protects the state seal from political use without the governor's written permission.

    By unauthorized use of the state seal, a judicial candidate falls smack dab in the category of someone hoping to be a judge who, however inadvertently, seems to be breaking the law.

    I'm no lawyer, and the secretary of state's office declined to give a legal opinion, but the law seems pretty clear.

    NRS 235.010(4) provides:

    "A reproduction or facsimile of the Seal may only be used:

    "(a) With the written permission of the Governor;

    "(b) In the performance of official acts by an agency of one of the branches of State Government;

    "(c) On items distributed by an agency of one of the branches of State Government which are not necessary to carry out the duties of the agency; if the use of the reproduction or facsimile is approved by the head of that agency."

    Kephart, one of four candidates vying for a district judgeship in Department 10, says he's not using the state seal; he's using his district attorney's badge. But smack dab in the middle of the badge is Nevada's state seal.

    Plus, based on a 1998 Nevada Ethics Opinion involving the use of the uniform and badge of a Washoe County sheriff, it's questionable whether he should be using the DA's badge.

    District Judge Jessie Walsh also believes Kephart's signs suggest he's the incumbent because they give his name and say "District Court Judge Department 10." The Web site is at: www.kephartforjudge.com.

    She's considering filing a complaint either with the Nevada Ethics Commission or the Judicial Discipline Commission, because Kephart appears to be violating the law governing the use of the state seal as well as judicial canons governing election practices. "Basically, I'm disappointed in Bill," Walsh said. "You'd think a person running for judge would know and follow the law."

    The others in the race are David Rivers and Ian Christopherson.

    Kephart tried to do the right thing. "I cleared it with David Roger," he said. Because the county never copyrighted the badge, District Attorney Roger didn't put the kibosh on using it.

    Kephart removed Roger's name and the words Clark County so that the badge on his stationery and signs wouldn't suggest an endorsement.

    Kephart is chief of the career criminal section in the major violators unit, so he's more used to dealing with bigger violations than breaking the state seal law.

    Though it may seem like a big nothing, stories are written about what are technical violations, especially if ethics complaints are filed.

    In 1998, Washoe County Sheriff Dick Kirkland endorsed judicial candidate James Hardesty in a television ad, wearing his sheriff's uniform. The Ethics Commission said no-no, and Kirkland re-shot the ad in civilian clothes.

    The commission said a public officer will create an appearance of impropriety by using a uniform, badge, employees or private office for making an endorsement ad. Isn't Kephart a public officer using his badge to promote himself?

    I really don't expect the candidate to know the laws governing use of the state seal. I do expect their campaign consultants, in this case Billy Rogers, to know. A lot of people will say: Who cares?

    But it does suggest someone isn't paying attention to campaign details.

    Maybe Kephart is right. Maybe it's not misuse of the state seal. Maybe a Web site that has "for" in the address circumvents the incumbency issue.

    Look for someone to file an ethics complaint against the deputy DA to find out for sure.

    Welcome to the world of politics, Bill Kephart.

    Jane Ann Morrison's column appears Monday, Thursday and Saturday. E-mail her at Jane@reviewjournal.com or call (702) 383-0275.



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    undr cvr wrote on April 14, 2008 02:24 PM: No better time than now to look into everything he has ever done.

    There are already a few cases being investigated for Constitutional violations concerning some questionable pleas.

    Not a good bet for someone voters want a judge. Kephart has been part of the problem with the Nevada justice system as it is, and brings no solution to the table except more of the same.

    He has problems with ethics and has been caught in lies as an officer of the court on deals he went back on.

    There's proof in federal possession, so no need for debate.


    endrun wrote on April 13, 2008 02:26 PM: If anyone were to do a little research, Nevada officials disregard their own statutes as much as federal statutes....even the ones that seem 'pretty clear'.

    The statutes are twisted for the advantage of the officials and backed by the Supreme Court who twist them.

    People have to realize that Nevada officials are crooks who could care less about the law unless the feds are sniffing around or its election time...and even then they go into appearance mode and stall for time until things cool off then they go back to the same old pattern and practice of corruption.

    NOW the bastards want to over turn term limits against the will of Nevada voters so they can continue serving 'just us' at the expense of taxpayers.

    Sucks doesnt it!!!


    David Johann wrote on April 12, 2008 04:36 PM: For decades the pendulum has swung way too far toward corruption and questionable ethics in Southern Nevada.

    Let us all help to ensure the pendulum continues to sway in the other (ethical) direction for decades to come. We've got a lot of catching up to do. We should have ZERO tolerance for any nonsense--even minor nonsense--like using the copyrighted State Seal on the dog catcher's, or anyone else's, campaign advertisements.

    BTW, given his challenges with the legal concepts of copyrights and intellectual property, I do believe that Kephart would make a fine dog catcher.


    anonymous wrote on April 12, 2008 04:21 PM: http://www.kephartforjudge.com./index.html

    'Ethics and Integrity

    We've all read the headlines. Too many of our judges face ethics and even criminal charges.



    As an experienced prosecutor, William "Bill" Kephart has always upheld the highest ethical standards. And as a District Court Judge, Kephart will bring integrity to the bench.



    The Rule of Law

    As Chief Deputy District Attorney, Kephart believes that the "rule of law" should govern our judges, as well as our citizens.'



    For a justice system that fails to follow even its own laws it figures


    nvkorruption wrote on April 12, 2008 04:10 PM: Kephart has advanced on the back of coerced plea agreements involving indigents and a close relationship (in conflict of interest) with the public defender.

    In essence..he is a contributor and supporter for the violation of Constitutional Law particularly involving indigents.

    This guy is scum.

    As a judge he will be no different in his support and practice of cutting corners to convict indigents at the expense of indigent's constitutional rights.

    This guy no matter what does not deserve a future by being more of the same corrupt justice that needs to be eliminated in Nevada.

    He is already on the radar as a potential Cherry, Saitta, and just us' corrupt officials.

    This isnt just a rant...connect the dots...dig into his case history and relations in conflict of interest.

    Ask him about his professional relationship with the deceased public defender Catherine Ann Woolf...look into her track record as well.

    DO NOT SUPPORT KEPHART!!!!!


    Alice Bath wrote on April 12, 2008 11:46 AM: Good article, and with the Nevada law code numbers, yet. But boy, what a bunch of sourpus, whiner comments. How the hell do you writer types stand it?


    Rodman wrote on April 12, 2008 10:58 AM: Boy, here's the three blind mice; Kephart, Walsh, and Roger and anyone who would believe what any of the three say needs to suffer through each of them, God forbid, being elected again. As far as anyone filing a complaint with the ethics commission forget that as they (the ethics commission) have proved to many times that they are under worked, worthless, stupid and over paid people who should be terminated and the commission abolished in the name of the states needed budget cuts. Finally it would seem to me that there are more important issues to be concerned with and write about, but I guess Morrison handles only that she is capable of handling.


    skisailmtb40 wrote on April 12, 2008 10:30 AM: Seems to me the Nevada state seal is owned by the people of the state of nevada. I would think laws limiting its use would be unconstitutional. The state seal is a public logo for a public entity. We paid to design it, we should be able to use it anyway we want. Whether we are a candidate, a political bigshot, or just a regular joe like me. Just my $.02


    Iggy wrote on April 12, 2008 10:19 AM: "Nevada law protects the state seal from political use without the governor's written permission"...would Senator Beers group be doing this?

    NEDAB


    Contempt wrote on April 12, 2008 09:57 AM: In the best of Brave New World double-speak, Jesse Walsh states "You'd think a person running for judge would know and follow the law." WOW!. Jesse Walsh had a series of articles done on her by the Review Journal when she was flagrantly violating the law by placing individuals in custody for contempt without anything in the law permitting her to do so.

    Jesse Walsh deprived people of their liberty for no reason, other than, perhaps, her bailiff suggested it?


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