BEFORE THE COMMISSION ON JUDICIAL DISCIPLINE
STATE OF NEVADA
In the Matter of the
HONORABLE DONALD M. MOSLEY
District Court Judge, County of Clark,
State of Nevada,
Respondent.
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CASE NO.:
0001-110
ORDER
This matter came on to be heard the 14th day of August 2000 at
the hour of 10:00 a.m. on Respondent's Motion to Dismiss Formal Statement of
Charges or, Alternatively, to Permit Discovery Depositions. The following
members of the Commission were present: Chairman Brusa, Vice-Chairperson Glomb,
Commissioners Brown, Chappell, Hicks, Memeo and Steinheimer. Respondent was
represented by Neil Galatz, Esq. and Mary Boetsch, the Special Prosecutor,
represented the Nevada Commission on Judicial Discipline. The Commission having
heard the arguments of counsel, having discussed the matter fully in
deliberations, and upon motion duly made and seconded, has unanimously
determined that the Respondent's Motion to Dismiss Formal Statement of Charges
should be denied. The Commission further determined that the Commission Rules do
not provide for depositions as requested by the Respondent and that no unusual
circumstances or just cause was shown as to why the taking of depositions should
be permitted. The Commission having announced its Decision at the hearing and
being informed by Respondent's counsel that he will be filing an appeal to the
Nevada Supreme Court; and, now good cause appearing therefore,
IT IS HEREBY ORDERED that Respondent's Motion to Dismiss Formal Statement of
Charges be and the same is hereby denied; and
IT IS FURTHER ORDERED that Respondent's Motion to Permit Discovery
Depositions be and the same is hereby denied; and
IT IS FURTHER ORDERED that the formal proceedings in this case will be stayed
for a period of 30 days from Respondent's receipt of the written Order of the
Commission denying his Motion to Dismiss Formal Statement of Charges or, Alternatively, to Permit
Discovery Depositions. Providing Respondent files an appeal to the Nevada
Supreme Court, the formal proceedings in this matter will be stayed pending
decision by the Supreme Court on Respondent's application thereto.
DATED this _____ day of August, 2000.
NEVADA COMMISSION ON
JUDICIAL DISCIPLINE
FRANK BRUSA, Commission Chairman
CERTIFICATE OF MAILING
I hereby certify that on the _____ day of August
2000, I placed the ORDER in the United States Mail, postage pre-paid, addressed
to the undersigned:
Neil G. Galatz, Esq. Mary E. Boetsch, Esq.
710 S. Fourth Street 448 Hill Street
Las Vegas, NV 89101 Reno, NV 89501
Attorney for Respondent Special Prosecutor
____________________________________
DANEEN ISENBERG
