BEFORE THE COMMISSION ON JUDICIAL DISCIPLINE
STATE OF NEVADA
In the Matter of the
HONORABLE FRANCES-ANN FINE,
District Judge, Family Court Division,
City of Las Vegas, County of Clark,
State of Nevada,
Case No. 9802-222
Respondent.
____________________________________)
DECISION TO IMPOSE
DISCIPLINE
The above-entitled matter came on for hearing on October 15, 1998, for
Imposition of Discipline. Frank J. Cremen, Esq. appeared as Special Prosecutor
for the STATE OF NEVADA COMMISSION ON JUDICIAL DISCIPLINE, (hereinafter referred
to as the COMMISSION),the RESPONDENT was present and William B. Terry, Esq.
appeared as attorney for the RESPONDENT.
The Commissioners having had the opportunity to
question the RESPONDENT, the RESPONDENT having had the opportunity to respond to
the COMMISSION's questions and her counsel having addressed the COMMISSION in
argument, and having considered the evidence introduced by both parties and
having heretofore entered its Findings of Fact, Conclusions of Law and Decision
on October 6, 1998, states that this proceeding was a formal hearing pursuant to
its Administrative and Procedural Rules conducted for the purpose of determining
the appropriate discipline to be imposed upon the RESPONDENT. The COMMISSION
makes the following decision to impose discipline in this matter.
IMPOSITION OF
DISCIPLINE
The COMMISSION having carefully considered
all of the evidence introduced in this matter, the arguments of counsel and the
statements of the RESPONDENT at the hearing on September 2-3, 1998 and October
15, 1998 and having made and adopted Findings of Fact and Conclusions of Law on
October 6, 1998 hereby orders that the RESPONDENT, FRANCES-ANN FINE, a District
Judge, Family Division for the County of Clark, State of Nevada, be and hereby
is removed from office.
The COMMISSION, in imposing the most severe
penalty available to it upon the RESPONDENT, has determined that RESPONDENT's
conduct was willful in nature which is the burden imposed upon it by Article 6,
Section 21(6)(a) of the Constitution of the State of Nevada. The COMMISSION has
taken into consideration its decision in case number 9501-222 filed on November
14, 1995 in which it previously disciplined JUDGE FINE for engaging in ex parte
contacts therein described. In that case, the COMMISSION found that JUDGE FINE
had
numerous ex parte contacts with two fellow Family Court Judges in an attempt to
influence
their decision regarding a case in which she had served as counsel for one of
the parties.
In this case, JUDGE FINE has evidenced a continuing pattern of ex parte contacts
albeit
with therapists, psychologists, and court personnel regarding the ultimate
issues
presented to her for decision in the three cases set forth in the formal
complaint. JUDGE
FINE in this case before the COMMISSION, violated the same provision of the
Nevada Code of
Judicial Conduct for which she was previously disciplined. The COMMISSION has
concluded
that it had no alternative other than to removed JUDGE FINE from office.
DATED this ______ day of October, 1998.
Document signed by:
NEVADA COMMISSION ON DISCIPLINE
FRANK BRUSA, Chairman
BRENT ADAMS, Commissioner
STEVE CHAPPELL, Commissioner
MITCH COBEAGA, Commissioner
VALERIE COOKE, Commissioner
DISSENT TO IMPOSITION
OF DISCIPLINE
I respectfully dissent from the discipline of
removal
imposed by the majority of the COMMISSION. It is my opinion that "willful
misconduct" as required by the Constitution involves a knowing and deliberate
violation of law or dishonesty. Although I am dissenting from the majority
opinion, I
believe the conduct of JUDGE FINE was well outside the conduct expected from a
judge and
warrants severe discipline.
DATED this _____ day of October, 1998.
document signed by:
NEVADA COMMISSION ON JUDICIAL DISCIPLINE
MICHAEL R. GRIFFIN, Commissioner
CERTIFICATE OF MAILING
I hereby certify that on the _____day of October, 1998, I placed the Decision
to Impose
Discipline in the United States Mail, postage pre-paid, addressed to the
undersigned:
William B. Terry, Esq. Frank J. Cremen, Esq.
530 South Seventh Street 302 E. Carson Avenue, Suite 1004
Las Vegas, NV 89101 Las Vegas, NV 89101
Attorney for Respondent Special Prosecutor
MICHELLE WRIGHT, Commission Clerk
