Attorney general's office calls ethics complaint groundless

A request came from Senior Deputy Attorney General Keith Marcher who said the panel needs to "utilize its time in considering actual ethical violations of public officials."

Miller filed the complaint against Ling, a deputy attorney general, after the Ethics Commission decided in April against pursuing an investigation of Las Vegas Mayor Jan Jones. Ling serves as legal counsel to the commission.

The complaint against Jones, filed by Las Vegas resident Bob Rose, accused Jones of using her positions as mayor and as a bank director to manipulate the sale of a bankrupt casino to Boyd Gaming Corp. in 1993.

Commission Chairwoman Mary Boetsch said following the hearing that no evidence was presented to support Rose's allegation, and commissioners voted not to proceed with further review.

Miller complained that Ling suppressed evidence against Jones during an April 22 hearing in Sparks at Attorney General Frankie Sue Del Papa's behest. He said the suppression of evidence occurred because Del Papa is a friend and colleague of Jones.

Marcher said he reviewed Miller's complaint and found it without merit.

"There is nothing to suggest that Mr. Ling had access to evidence unavailable to Mr. Rose or that information was suppressed," Marcher said in a letter to Miller. "Your allegations are not provable, and your complaint is fraught with other legal problems not mentioned above."

"I can see a lot of inconsistencies in the letter," Miller said. "I have to look carefully at their concerns and make my decision."

Miller added he read an implied threat in the letter that he could be penalized by the Ethics Commission if he decides to proceed.

Nevada law allows the Ethics Commission to fine people up to $5,000, plus legal costs for submitting accusations in bad faith or with a "vexatious purpose."

Miller has been at odds with Jones since the 1991 mayoral race, which he lost.

A separate matter related to that race will come before the Supreme Court on June 17, when oral arguments are heard in a defamation case brought by Miller against Jones.

The lawsuit, dismissed in District Court before going to trial, was based on a campaign mailer sent by Jones that Miller said contained libelous statements regarding cocaine found in a car he had bought. There was no evidence of cocaine in the car, however.

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