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BEFORE THE COMMISSION ON JUDICIAL DISCIPLINE
STATE OF NEVADA
In the Matter of the
HONORABLE FRANCES-ANN FINE,
District Court Judge for the County
of Clark, State of Nevada,
Respondent.
CASE NO.: 9501-222
____________________________________)
FINDINGS OF FACT, CONCLUSIONS
OF LAW
AND IMPOSITION OF DISCIPLINE
The above-entitled matter having come on for hearing on November 1, 1995,
before the Nevada Commission on Judicial Discipline, Robert R. Hager appearing
as Special Prosecutor for the State of Nevada Commission on Judicial Discipline,
and William B. Terry appearing as attorney for the Respondent.
After hearing the allegations and proofs of the parties, the arguments of
counsel and having considered the evidence introduced by both parties and being
fully advised, the Commission states that this proceeding was a Formal Hearing
pursuant to the Administrative and Procedural Rules for the Nevada Commission on
Judicial Discipline for the purpose of determining whether the acts and conduct
of the Respondent warrant the imposition of discipline. The Commission makes the
following findings of fact and conclusions of law, which constitute the decision
of the Commission in this matter.
Commissioner Lefebvre and Commissioner Fuller concur in the Findings of Fact
and Conclusions of Law, however dissent from the discipline imposed.
Findings of Fact
The Commission finds that the legal evidence presented by the Special
Prosecutor at the Formal Hearing clearly and convincingly established each of
the facts thereafter set forth in Paragraphs 2-4 of these Findings of Facts.
- Respondent is a District Court Judge for the County of Clark, State of
Nevada. That while serving in said capacity, Respondent permitted and
participated in ex parte communications with Judge Gerald Hardcastle on two or
three occasions during 1993 regarding the Shumny divorce proceedings then
pending before Judge Hardcastle, said conversations having occurred in the
area of the judge's chambers on the fourth floor of the Clark County
Courthouse.
- That Respondent, while serving in the capacity of a District Court Judge
for the County of Clark, State of Nevada, participated in six or seven ex
parte communications with Judge Steven Jones regarding the Shumny divorce
matter during 1994, at a time when Judge Jones had jurisdiction over the
custody issues in the case; and appeared as a spectator at a custody hearing
in open court on or about September 21, 1994, and at that time, engaged in
facial gestures, rolling of the eyes and shaking her head in response to
testimony and events occurring at said hearing; and has, since January, 1994,
repeatedly allowed a litigant in the Shumny divorce to visit her in chambers,
which said chambers were in proximity to the chambers of the judge assigned to
the case.
That Respondent, while serving in the capacity of a District Court Judge
for the County of Clark, State of Nevada, engaged in the ex parte contacts
described in Paragraph 2 and Paragraph 3 and made the facial gestures
described in Paragraph 3 with the intention of influencing the judge who had
jurisdiction of the case.
From the above facts, the Commission concludes:
Conclusions of Law
- That Respondent's conduct as set forth in Paragraph 2 and Paragraph 3 of
the Findings of Fact, violated ARJD 11(3) and:
A. That portion of Canon 2(A) that provides that a judge shall
respect and comply with the law and shall act at all times in a manner that
promotes public confidence in the integrity and impartiality of the
judiciary;
B. That portion of Canon 2(B) that provides that a judge shall not lend
the prestige of judicial office to advance the private interests of the
judge or others;
C. That portion of Canon 3(B)(7) that provides that a judge shall not
initiate, permit or consider ex parte communications.
Dated this ___ day of November, 1995.
NEVADA COMMISSION ON JUDICIAL DISCIPLINE
document signed by:
FRANK BRUSA, Chairman
GUY SHIPLER, Vice-Chairman
DRENNAN A. CLARK, Commissioner
BILLY JEAN "BJ" FULLER, Commissioner
MICHAEL R. GRIFFIN, Commissioner
MICHAEL P. GIBBONS, Commissioner
ALAN J. LEFEBVRE, Commissioner
Imposition of Discipline
The Nevada Commission on Judicial Discipline, having made and adopted the
foregoing Findings of Fact and Conclusions of Law, hereby orders that the
Respondent, FRANCES-ANN FINE, a District Court Judge for the County of Clark,
State of Nevada, receive a public reprimand and be fined in the amount of Two
Thousand Five Hundred Dollars ($2,500.00) on each count making a total fine of
Five Thousand Dollars ($5,000.00), payable to the local law library.
Dated this ___ day of _________________, 1995.
NEVADA COMMISSION ON JUDICIAL DISCIPLINE
document signed by:
FRANK BRUSA, Chairman
GUY SHIPLER, Vice-Chairman
DRENNAN A. CLARK, Commissioner
MICHAEL R. GRIFFIN, Commissioner
MICHAEL P. GIBBONS, Commissioner
BEFORE THE COMMISSION ON JUDICIAL DISCIPLINE
STATE OF NEVADA
In the Matter of the
HONORABLE FRANCES-ANN FINE,
District Court Judge for the County
of Clark, State of Nevada,
Respondent.
CASE NO.: 9501-222
___________________________________)
CERTIFICATE OF MAILING
I hereby certify that on the 14th day of November, 1995, I placed the
following documents in the United States Mail:
1. Findings of Fact, Conclusions of Law and Imposition of Discipline;
2. Dissent to the Majority's Imposition of Discipline;
3. Letter of Public Reprimand addressed to Judge Frances-Ann Fine.
The package containing copies of these documents was pre-paid and addressed to
the undersigned:
William B. Terry, Esq. Robert R. Hager, Esq.
530 S. Seventh Street 910 Parr Boulevard, Suite 3
Las Vegas, NV 89101 Reno, NV 89512
Attorney for Respondent Special Prosecutor
______________________________________
RHONDA AZEVEDO, Commission Clerk
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