Family Court judges accused of misconduct

CARSON CITY -- Clark County Family Court Judges Fran Fine and Steven Jones have been charged with misconduct by the state Judicial Discipline Commission, but an attorney for both jurists say there have been no violations.

This is Fine's second brush with the discipline commission, which previously fined her $5,000 for improperly conducting meetings outside the presence of attorneys for one side or the other.

Attorney William Terry, who represents Fine and Jones, said they both will challenge the allegations and have asked for a public hearing.

The discipline commission accused Jones of failing "to avoid the appearance of impropriety" when he continued to sit on a case in which attorney Laura FitzSimmons represented Julie Gunderson in a divorce action.

During the case, FitzSimmons contributed $10,000 and her husband John Lambrose gave $10,000 to Jones for his unsuccessful race for the Nevada Supreme Court. The discipline commission said there were significant matters pending in the case and Jones failed to step down from the case after he received the campaign contributions.

"You failed to disqualify yourself in a proceeding in which your impartiality might reasonably be questioned ...," the commission said.

Jones had no comment, but Terry said both sides knew the political donations had been made to the judge. "We're prepared to show both attorneys were aware of the contributions."

Because Nevada judges run for election, Terry said it's not uncommon for a judge to sit on a case in which both sides have contributed to his campaign. He said the hearing before the discipline commission will be the first chance for Jones to explain his side of the case.

Fine is charged with three violations of the code of judicial conduct. In the divorce case of McMonigle vs. McMonigle, Fine is accused of conducting a telephone conversation with Stephanie Crowley, an expert engaged by one of the parties. The judge also permitted her law clerk to have telephone conversations with Crowley outside the presence of attorneys for both sides.

The complaint says that, in June 1993, Fine conducted an ex-parte conference with William Sheldon of the Family Mediation and Assessment Center, Dr. Lewis Etcoff and Crowley concerning custody of the parties' minor child. Attorneys for both sides were not present.

The second count of the complaint says that Fine, in May 1996 in the divorce case of Kinnard vs. Kinnard, conducted an ex-parte telephone conference with Faith Garfield and Dr. Marc Caplan concerning custody of the minor child in the case, and in December 1996 she talked with Dr. Elizabeth Ritchitt who was later called as a witness in the case. All discussions were without the presence of attorneys from both sides.

Another count accuses Fine of meeting with Sheldon in another divorce case, Greisen vs. Greisen, without attorneys from both sides being present.

But Terry said these conferences were with counselors or officers of the child protective services agency. "She's (Fine) entitled to have conversation with these (people). Each time she had all the parties notified. No one complained."

Minutes of what was said at these conversations were prepared, and attorneys for both sides had the opportunity to examine the individuals involved later during court hearings, Terry said.

He also said the law allows such conferences.

The last count charges that, in the Kinnard case, Fine appointed her first cousin, Faith Garfield, to serve as a mediator to the parties without disclosing the relationship to them or their lawyers. Fine later ordered a hearing for the parties to show cause why they should not be cited for contempt for failure to pay Garfield's bill.

Terry said the only thing a judge must disclose is when there is a close relationship. Because Garfield was never a witness in the case and Fine has seen Garfield only about three times in 10 years, Fine recommended the appointment of Garfield and the parties agreed.

The rules provide that a mediator can't disclose what goes on during mediation sessions and can't be called as a witness. The mediation was unsuccessful.

Terry said Fine was "looking forward to the hearing," which has not been set.

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