McDonald's political future may depend on which judge gets his case

Las Vegas City Councilman Michael McDonald's future may now depend on which judge hears his case in District Court.

At least that's what some City Hall insiders say.

Depending on the judge, they say, McDonald will either walk away unscathed or will be forced from office.

"It all depends on which judge gets it," Mayor Oscar Goodman said Friday.

McDonald is no stranger to District Court.

In July 1995 District Judge Jack Lehman ruled McDonald could keep his job as a Metro Police officer, noting that a city charter provision against city employees holding office did apply because Metro is an independent agency.

Lehman's ruling cleared the way for McDonald to take the council seat he had just won. Lehman's only stipulation was that McDonald abstain from matters involving Metro.

In addition to that personal case, McDonald has been an active party in legal cases to close down Hot Stuff, an adult video store.

In 1998 District Court judges ruled on behalf of the city and made changes that enabled the city to clean up codes ruled unconstitutional by a higher court.

Last Thursday the Las Vegas Ethics Review Board unanimously decided to file a malfeasance petition in District Court asking a judge to remove McDonald from office for "egregious misuse of his office."

Special counsel Frank Cremen told the board he believed he had enough evidence to win a conviction in Municipal Court on a misdemeanor criminal charge.

But, since the District Court route is more streamlined -- requiring a hearing within 30 days after the petition is filed -- many believed it was a better route to take.

"If it went to Municipal Court it could have been held up for a long time with appeals," Goodman said.

Ethics Review Board Chairman Earle White Jr. also said during Thursday's meeting that a Municipal Court proceeding may require "us to jump through hoops" in order to keep Cremen as a special prosecutor.

The city attorney's office has recused itself from representing the board in the McDonald matter, because that office is also charged with representing the interests of the city and the council.

The District Court proceeding will allow Cremen to remain involved. Cremen has been representing the review board since the city attorney's office was removed.

He first outlined a complaint against McDonald for his attempts to broker the sale of Las Vegas Sportspark and for McDonald's actions to scuttle a tavern license.

Cremen then acted as prosecutor in the case against McDonald, interviewing witnesses and cross-examining McDonald's witnesses.

Goodman said he thought it was only logical for Cremen to remain on the case, since he's been familiar with it from the start.

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