Some justices face uphill climb for re-election

It is guaranteed that there will be two new faces on the District Court bench after the Nov. 5 election, and there could be as many as seven -- nearly half of the 16 judges.

While some of incumbents are expected to breeze through their races, others could face an uphill climb at a time when judges don't enjoy the respect and support they once had.

Most races have been relatively civil, but some have become confrontational.

DEPARTMENT 4

The race that has attracted the most attention will determine who replaces District Judge Gerard Bongiovanni. The judge, who was suspended from the bench early this year after being indicted by a federal grand jury on corruption charges, was defeated in the September primary in his bid for a second term.

His replacement will be either former Deputy District Attorney Thomas Leen, who brings a pile of endorsements from law enforcement agencies, or Deputy Public Defender Kathy Hardcastle, the wife of Family Court Judge Gerald Hardcastle.

Leen spent about $100,000 in the primary, with much of that going into a television campaign. Hardcastle spent about a quarter of that, but she finished first by a slim margin in a five-way race that had included a Municipal Court judge and a former Clark County district attorney.

Leen credited Hardcastle's prominent name and the fact she was the only woman in the contest for her victory.

Leen has already spent more than $40,000 on television in the general election. Hardcastle has concentrated on radio ads touting what she says is more wide-ranging experience. She served as deputy attorney general handling cases involving insurance fraud, equal rights and mental health. She also was a prosecutor in Washoe County and was in private practice in Las Vegas before joining the Clark County public defender's office.

Leen said the large number of jury trials he handled during his years with the district attorney and public defender's offices makes him more qualified.

Hardcastle, however, countered that "fairness" and not the number of trials should be the deciding factor. She has questioned Leen's impartiality because of his close ties to police and the district attorney's office, where his wife works.

"Being a good trial attorney doesn't necessarily make a good judge," she said.

DEPARTMENT 7

Large sums of money figure into the race for District Court Department 7, where there will be a new face to replace District Judge Bill Maupin, who is running for the Nevada Supreme Court.

The vacancy will be filled either by Las Vegas Municipal Judge Valorie Vega or private attorney Mark Gibbons, who already has purchased more than $130,000 in television time with money largely from his own pocket.

Vega concedes she can spend only a quarter of that, but she already has wide name recognition from her nine years on the city bench and during her career as a deputy district attorney.

Gibbons, 45, has been practicing primarily civil law for the past 21 years. He said he has been involved in hundreds of trials and makes a point of having at least one criminal case a year to keep proficient in that side of the law.

Vega, 40, notes that more than 60 percent of cases in District Court are criminal cases, and her stint as deputy district attorney from 1985 to 1989 has better prepared her to deal with the issues that dominate the courts.

DEPARTMENT 8

Although District Judge Lee Gates is being challenged by private attorney Martin Hastings, the race appears to the incumbent's to lose.

In the primary, Gates, 43, handily defeated both Hastings and attorney Richard Sipan, drawing more than 70 percent of the vote. Hastings, who specializes in DUI cases, hasn't conceded defeat but has mounted only a modest challenge.

Gates, a Western High School and UNLV graduate who has been on the bench since 1991, has continued to campaign on his record as the judge who conducted more jury trials during the past two years than any other.

Hastings, 32, is a former Las Vegas deputy city attorney in the criminal division. He holds bachelor degree in business administration from the University of Nevada, Reno and a law degree from the University of San Diego School of Law.

He is an ardent proponent of following the law as it is written.

DEPARTMENT 9

Like Gates, District Judge Stephen Huffaker garnered more than half the votes in the primary and faces only modest opposition in November from attorney Laura Ungaro, 51.

Huffaker, 62, who has been on the bench since 1980, has been one of the advocates for splitting the District Court into criminal and civil divisions and for expanding the prison boot camp program.

Ungaro has been a part-time judge in Las Vegas and North Las Vegas Municipal Courts and serves as a small claims and traffic referee in Justice Court.

DEPARTMENT 11

District Judge Michael Douglas was appointed to the Department 11 seat early this year by Gov. Bob Miller and is embroiled in what is likely to be a tight race with private attorney Ken Cory.

Douglas, 48, was chief deputy district attorney in the civil division before winning the appointment. Although he has a limited criminal-law background, he generally has gotten good marks from lawyers who have appeared before him.

Douglas, who earned a law degree from Hastings College of Law, worked in private practice for a year before becoming director of Nevada Legal Services from 1982 to 1984. He left to work for the district attorney's office.

Cory, 53, worked on the staff of Sen. Alan Bible, D-Nev., while attending Washington College of Law in Washington D.C. He was an assistant U.S. Attorney from 1971 to 1973 before working for one year at the Las Vegas city attorney's office. He left that to become the youngest federal public defender in the country, where he stayed until going into private practice in 1980.

Cory said he wants to modernize the courts with some "fresh approaches" that he said he has learned from his years in private practice.

He said he chose to run against Douglas because he is the most recent appointee and "the community had the least investment in his judicial time."

DEPARTMENT 14

The mudslinging and innuendo-hurling that was expected to characterize this race between District Judge Donald Mosley and longtime private attorney Peter Flangas did not begin until the second week in October.

That's when Flangas began heavily asserting that with Mosley there is "just a plain lack of character."

Mosley, who hasn't faced a contested race since 1982, suffered some minor media blows in past years, but his proponents say they haven't crippled his effectiveness. He has spent the last two years as the court's chief judge.

Critics suspected to be associated with Flangas have been circulating hard-hitting fliers criticizing Mosley.

Detractors have pointed out that Mosley's name surfaced in the trial of a man who shot the judge's girlfriend after a traffic altercation. A blood test showed the woman had cocaine in her system, although Mosley said he had no knowledge she used drugs.

Mosley also was criticized for recruiting a Washoe County judge to preside over his child-custody dispute with another girlfriend.

In a letter to attorneys, Mosley's campaign finance chairman acknowledged that a negative campaign was anticipated from Flangas, and he has sought contributions "to set the record straight."

Flangas, 72, has quoted from Proverbs in attacking Mosley. "The wicked flee when no man pursueth, but the righteous are bold as a lion," Flangas says.

While Mosley touts his experience on the bench and his high ratings in lawyer surveys, Flangas promised to bring "a refreshing perspective -- honesty, integrity, independence and over 40 years of trial and appellate experience."

During his long legal career in Las Vegas, Flangas has also generated controversy. His name was prominent in documents that resulted in the federal indictment of his longtime friend, District Judge Gerard Bongiovanni. The documents noted that Flangas frequently asked for and received no-bail releases of his clients by Bongiovanni. Flangas was not indicted, and he always has denied any wrongdoing.

Mosley began his law career as a deputy city attorney before serving as Municipal Court judge from 1979 to 1983. He was appointed district judge in 1983 and was never challenged until this year.

DEPARTMENT 15

In a battle of two judges, District Judge Sally Loehrer is being challenged by Boulder City Municipal Judge and Justice of the Peace Victor Lee Miller.

Loehrer, 49, emphasizes her wide-ranging experience since becoming a Nevada lawyer in 1977, including a stint as chief deputy district attorney in the child support division and a term as president of the Clark County Bar Association.

Most of her career was spent as a civil lawyer, although she has become involved in a variety of law-related activities, such as being a founder of the Clark County Pro Bono Project to provide free legal services to the poor and as a member of the State Commission on Judicial Discipline.

Miller, 43, was raised in Boulder City and runs a private law practice in Las Vegas specializing in personal injury law. For the last 11 years he also has served as a part-time judge in Boulder City.

Although Miller said he didn't want the campaign to "get nasty," he said he was asked by fellow attorneys to run for the seat because of Loehrer's "inconsistency and lack of courtesy."

Miller said he wants to modernize the court to "bring it into the 20th century."

He said he has wanted to be a district judge since he served as law clerk in 1981 for District Judge Howard Babcock.

Loehrer has emphasized her high ratings in a survey of lawyers conducted by the Clark County Bar Association and her heavy schedule that has included numerous murder trials -- including the recent trial of James Meegan, convicted of killing his 10-month-old daughter.

She has the endorsements of every major law enforcement group in Clark County.

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