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May. 07, 2008
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JOHN L. SMITH: Public office makes governor's bid for privacy in divorce case indefensible

JOHN L. SMITH
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Suddenly we're all starched collars and solemn expressions in the Nevada press. All at once we don't know what to do with our hands, and we keep staring at our shoes.

Uh, gee, how do you report on a divorce case involving the governor and first lady?

This state has a wide-open journalism tradition, but you would barely recognize it from our painfully respectful and downright Victorian approach to the pending divorce of Jim and Dawn Gibbons. Granted, it's only the first round of what could develop into an ugly catfight in Carson City.

But at this rate, the public might never learn the facts behind the first couple's failed marriage.

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    • Why is it our business?

    Gov. Gibbons has held himself out as a man deserving of our trust and respect and the keys to the state's top office. And Dawn Gibbons has stepped up to embrace the state's multimillion-dollar anti-methamphetamine strategy. These people courted us, not the other way around.

    No one should expect them to be perfect. This is the same Jim Gibbons who prior to his election found his name in tawdry headlines linked to an FBI corruption investigation and accused of taking liberties with a local cocktail waitress. Nevadans clearly are a forgiving lot.

    But Jim Gibbons has pursued Nevadans since 1989 when he was elected to the Assembly.

    Many Nevadans have believed in him and trusted him, enough to easily re-elect him to Congress as well as elect him governor.

    The decision to divorce in the middle of his first term was the governor's ill-advised and very public decision. The idea that he has sought to have the fallout from his public decision sealed from public view ought to generate jeers throughout the press.

    Of course, that's not the way the governor's allies see it.

    "I know they are working toward a resolution, and he asks that the family's personal privacy be respected," Gibbons spokesman Jim Denton said recently. "The governor continues to do the state's business as usual."

    Following the initial divorce filing, the governor's attorney Gary Silverman said in a statement, "The governor has on repeated occasions asked for privacy in this matter for his family."

    Trouble is, at least one member of his family disagrees. That would be Dawn Gibbons.

    "It is my client's position and my position that the public is entitled to know the affairs of, and the circumstances of, the public and private lives of the governor and the first lady, particularly as it relates to the filings by the respective parties," Dawn Gibbons' attorney Cal Dunlap said Tuesday.

    Dunlap, the tough former Washoe County district attorney, is well aware vicious rumors have been circulating about his client. Although he declined to address them, Dunlap made it clear that he will be extremely aggressive in protecting his client's reputation.

    "We are considering whether or not to challenge the sealing of the initial proceedings and filings," Dunlap said.

    The press ought to be preparing a similar legal challenge.

    Perhaps the best way to proceed is to have the court documents do the talking. The filings should be made public and kept public.

    So far, no good.

    Nevada law allows even one party in a divorce case to easily have the proceedings sealed from public view. Following the law, Carson City District Judge Bill Maddox on Monday signed an order sealing most of the records in the case and indicated a trial would also be private.

    It's not a private matter. At least it shouldn't be.

    These are public figures. One was elected to the state's highest office. The other has sought the public spotlight and championed anti-drug causes that have been splashed throughout the media.

    Why would the governor seek to seal a case not even his estranged wife wants sealed?

    "I think people can draw their own conclusions," Dunlap said. "I would hope just as a citizen that all of our public officials would be open and transparent about who they are and what they are and not have spin doctors and handlers putting out false information and creating false impressions."

    This story threatens to turn ugly. But it's an important story in a state that's paranoid about keeping up appearances.

    If Gov. Gibbons wanted to keep his divorce private, he should have resigned from public office.

    John L. Smith's column appears Sunday, Tuesday, Wednesday and Friday. E-mail him at Smith@reviewjournal.com or call (702) 383-0295.



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    Roni wrote on May 08, 2008 03:21 PM: I did not vote for Jim Gibbons and I still cannot believe that he was ever elected...we all need to wake up and take notice and try to bring about some changes to the state of Nevada. I am embarrassed by the behavior of the "Governor" and his so called "First Lady"...I think many entities contributed to the cover up of the investigation (if you could call it an investigation) regarding the incident with the cocktail waitress.


    NLV Resident wrote on May 08, 2008 12:45 PM: If Dawn had requested the records be sealed, I would be more understanding. Because the Governor has made the request, it only serves to ENFORCE the idea that Dawn has some information that will damage Jim Gibbons and he does not want it released. And I think the information probably has something to do with the incident here in Vegas before his election. Has the statute of limitations expired for assault yet? If not, and if Dawn knows what happened, perhaps the Governor is trying to avoid being held accountable. Maybe it has to do with the federal investigation. I hope the federal prosecutors' office files a petition to have the records unsealed. I'm sure that Dawn would know if the Governor received bribes...after all, she would be asking for money and could challenge his financial disclosure statements. The Governor is hiding something. Impeachment, anyone?


    TimeRanger wrote on May 07, 2008 11:15 AM: Did the Gov request the case be sealed because at some time in the future he may be required to file a financial disclosure and he has some "side" income that he dosen't want the voters to learn about???


    Seal wrote on May 07, 2008 10:03 AM: darkhorse;
    You know that the investigation into allegations that Krolicki as state treasurer destroyed public records (alot of them allegedly), broke state laws with regards to the college fund under his control, and there is a thrid thing but I can't recall what it is, is due out anyday now, right? There are published reports that the FBI may also be investigating him, too.


    Donald wrote on May 07, 2008 08:48 AM: This is in responce to that good ole boy, "oldlawdawg" who in my opinion should crawl back into the dark ages from where he came out of. The Gov. is a PUBLIC SERVENT and that is a open information position in this state. That being the case I beleive that Mr. Smith is 100% correct in his Statements on this idiot, and possiable sex ofender that we elected to head this great state. Go Back to Law School, If you were ever in one. It is called "Freedom of information act". Your good ole boy era has ended.


    2zero wrote on May 07, 2008 08:21 AM: Dawn got crabs....the rest is mere speculation!


    Helen Weils wrote on May 07, 2008 08:21 AM: I applaud Jim for dumping Dawn, a liberal coat hanger. There marriage has been on the rocks for years. Anyone
    including John should know this as it's readily known. He needs to get on with his life and do the job he was elected to do. Just say no to new taxes and the people who want them.
    GO JIM! DUMP DAWN!


    Recall Gibbons wrote on May 07, 2008 08:15 AM: He is nothing more than a puppet. He has no leadership skills or class. He can't even keep his own family together. Sealed case? What else is he hiding?

    I read that he is asking for spousal support? Be a MAN Jim not a puss and take care of your responsibilities.

    And ladies watch out. The possibility is that Chrissy is correct. Could Jim really belong on a sex offender registry instead of being Governor?


    darkhorse wrote on May 07, 2008 08:13 AM: To anyone defending the Gov, can you say naive? Let the courts confirm or prove false the rumors of all the Govs indiscretions. Dishonest is dishonest. Put Krolicki in till the next election and lets get some actual solutions to Nevada's problems. Federal prison is the only place classy enough for this clown.


    Rodman wrote on May 07, 2008 08:05 AM: Many people, even a great deal of those who voted for him, apparently have turned and now want a pound of Gibbons flesh because he is getting divorced. Recent figures have shown that a greater number of Nevadans are divorced, as compared to the number that are married. Gibbons, like any others in this majority has the right to a private life and the opportunity to work out his problems rather than having third rate columnists like Morrison and Smith expounding their thoughts for being the thoughtless writers they are. Gibbons ( I did not vote for him) should be judged only on his abilities as governor, not on his marital status or its circumstances. As far as Smith and Morrison go perhaps they should try writing interesting worth while columns rather than trying to create news by rehashing old news, but then that's probably to much to ask of them. I'm sure there will be no Pulitzer Prizes for writing awarded to either of them in their careers.


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