Justice rips Jones over flier

CARSON CITY -- Chief Justice Charles Springer says Las Vegas Mayor Jan Laverty Jones showed a "reckless disregard for the truth" when she issued a campaign flier in 1991 about her mayoral opponent then-Councilman Steve Miller.

But other members of the Nevada Supreme Court, which heard arguments Wednesday on Miller's appeal, gave no indication how they felt and instead took the arguments under advisement to make a later ruling.

"Maybe I'm the only one who's outraged," Springer told Jones' lawyer Howard Miller. The chief justice said the campaign literature, involving a drug case, "seems to me to be a false and defamatory statement."

Justice Bob Rose said it appeared the literature contained "false information," but he later added that Miller also must share some of the blame. "He (Miller) was throwing mud," he said referring to a rumor circulated that Jones was infected with HIV.

The case stems from an 1988 article in the Las Vegas Sun about Miller reporting to police that drugs may have been found in his daughter's 924 Porsche while the vehicle was in a repair shop. No drugs were found during a police search of the car that had been purchased from Miller.

Jones' campaign literature contained a copy of the story in small type plus a notation in larger red print that said, "A police detective accuses Miller of giving false information in a report cocaine was found in a car Miller was driving."

Also eliminated in the flier was part of the story which suggested that the police officer may have over-reacted in criticizing the councilman. Miller demanded a retraction but it never was forthcoming before the election which he lost. He later filed suit but a pre-trial summary judgment in favor of Jones was issued by District Judge Carl Christensen.

Christensen found the statement was not materially false and that Jones was not guilty of malice. That ruling was affirmed by Justice Bill Maupin, who was then a district judge in Clark County. Maupin was excused in this case Wednesday and retired Justice David Zenoff sat in his place. Jones also was awarded $20,000 in attorney fees and $1,113 in court costs from the district court.

"There was no showing of outrageous conduct on the part of Jan Jones," Jones' attorney said. "She inquired with due diligence" if the publication might be libelous.

Former Councilman Miller, who sat in court during the arguments, later told reporters he wants to go to trial and bring closure to the issue.

"My career has been ruined as a politician," he said.

archive