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Ethics panel issues censure in judicial race
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LAS VEGAS REVIEW-JOURNAL CAPITAL BUREAU
CARSON CITY -- A judicial ethics panel censured Clark County district judge candidate Joanna S. Kishner on Monday for making "reckless" statements about her opponent, Philip J. Dabney.
The Standing Committee on Judicial Ethics and Election Practices found Kishner knowingly made reckless statements that omitted facts about Dabney during their joint appearance on the Sept. 13 television show "Face to Face with Jon Ralston." Dabney and Kishner are candidates for the Department 31 district judge seat in Clark County.
A censure is a public reprimand.
On the show, Kishner said Dabney "personally benefited" by about $250,000 by having an elderly client put his law firm in charge of her estate.
"I am not saying he used his position. I am saying the facts speak for themselves that the Nevada Supreme Court said the actions were in violation" of legal rules, Kishner said.
While the ethics panel found the information she gave on the TV show was not false, members said she also should have told the public that "Dabney had not improperly or unlawfully influenced the client" to give him money.
In addition, the panel found the violation of rules of professional conduct was committed by Dabney's law partner.
If Kishner had tried to be more accurate, according to the decision, then that "would have blunted (her) claim about Dabney's unfitness for judicial office."
Kishner's campaign manager, Ronnie Council was enraged by the ruling.
"This was a violation of her First Amendment rights," Council said. "They didn't say anything she said was untrue, but that she didn't say enough."
Council contended Kishner wanted to say more, but was "cut off" by show host Jon Ralston.
Council objected to the ruling being issued now because Kishner has filed a lawsuit in federal court, charging that her First Amendment rights were violated by the complaint to the committee.
But Dabney said Kishner's motive in filing the lawsuit was to prevent the ethics committee from publishing its decision before the election.
"This is the candidate who says she is the candidate with integrity in this race," Dabney said. "Based on what she said on the TV show, clearly she is not."
Dabney said the accusations relate to his being named beneficiary of the estate of Jane Tiffany, a woman whose son had taught the trombone to both him and his own son. She died at age 90.
"She was a very nice lady," he said. "She was my friend."
At one point, he said Tiffany asked him to create her legal estate. Dabney said he declined, but referred her to one of his partners.
Unknown to him, Dabney said Tiffany named him beneficiary of her estate. His partner was supposed to tell him of this fact, but did not, he added.
The woman's nephew filed a complaint with the state bar over his being named the beneficiary.
Ultimately the Supreme Court ruled he did not exercise an "undue influence" over Tiffany, Dabney said.
Contact Capital Bureau Chief Ed Vogel at evogel@reviewjournal.com or 775-687-3901.
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To: My fellow bloggers,
I am impressed with the speed and handling of the judicial ethics complaint, which occurred on September 13, 2010, and handled by the Judicial Ethics Panel, between Kisner and Dabney. It is my understanding that the Judicial Ethics Panel is under the Secretary of State's Office.
I submitted an election law violation complaint on May 7, 2010, which should be handled by the Ethics Commission headed by Karen Jenkins, which is under the direct control of the Governor’s office. Nothing has been done with my complaint and the ethics commission denies even getting my complaint. I wonder what it takes to follow the law around here. No wonder the rest of the country thinks we are the dumbest of the dumb.
Just an old cop reflecting,
Gordon Martines
If Harry Reid supporters are looking for the face of hate and intolerance in the United States in 2010, TAKE A GOOD LOOK IN THE MIRROR!!! Harry Reid openly opposes gay marriage, refused to bring ENDA to a vote in the Senate, scratched DADT in a lame attempt to save his own lost carrer, and voted for the so-called Defense of Marriage Act, refusing to acknowledge gay marriage. Reid supporters in 2010 are the same folks who in 1910, would have been voting to oppress blacks and other minorities. Harry Reid and his Hate Brigage show you how far we have to go when it comes to equality of opportunity for all!!!