Justice or Juice

By Dana Gentry

Thursday, July 30, 2009 | 4:08 p.m.

We hear all the time from litigants who feel they've been wronged in court that the judge and opposing party must have shared some undisclosed connection.

The concern regarding relationships often has merit, especially in a small town like ours, where judges, attorneys and litigants are likely to have crossed paths. But whether the association colors a judge's rulings is an entirely different matter. Judicial ethics require judges to put those relationships on the record before rendering any decisions so that litigants are fully informed and able to assess their options.

Plaintiffs in a lawsuit against the son of former Governor Kenny Guinn say Judge Elizabeth Gonzalez failed to disclose her relationships to Jeff Guinn and his father.

They've filed a motion to Disqualify Judge Gonzalez from the case, a move that would prompt many judges to recuse. But Gonzalez appears willing to fight to keep the case.

In an affidavit Gonzalez claims she didn't disclose because the plaintiff's attorney should have remembered opposing her in 1988 when Gonzalez represented Southwest Gas, which was run at the time by Kenny Guinn. And she says it's a matter of public record that Guinn appointed her to the bench in 2004.

The judge also cites some rulings to demonstrate she's not favoring Jeff Guinn but fails to mention rulings that went Guinn's way in other cases before Gonzalez.

Speaking of those other cases, we looked at the official video record of the first hearing before Gonzalez in Guinn v. Community Bank. The judge made no disclosure of her relationships with the Guinns.

However, she did call the attorneys to the bench to tell them, off the record, that "the Ralston show" had called about cases involving Guinn. I've asked why she would notify the attorneys and await the judge's response. I've attached the video file as well as the judge's affidavit opposing her disqualification. Judge for yourself.

An update on another Jeff Guinn case: This morning District Judge Allan Earl denied Guinn’s motion to dismiss a lawsuit filed against him and his company, Aspen Financial, by a group of lenders led by former Boyd Gaming executive Chuck Ruthe and his wife, Donna.