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Tuesday, July 28, 1998
COLUMN: John L. Smith
Fined Fran and Bad Luck Lueck to make for lively judicial race
The name has such a friendly feel to it that it's easy to be misled. It is called Clark County Family Court, but the sordid stories that boil up from behind its walls are not the stuff of "Leave It to Beaver" plots.
We're not talking about the Cleaver family here, unless it's Meat Cleaver. The Brady Family does not hang out at Family Court. It's more like the Manson family, even the Gambino family. Or, come to think of it, branches of my own family.
But calling it Dysfunctional Family Court or Shattered Family Court would send the wrong message, and Expletive Deleted Child Custody Battle-From-Hell Court wouldn't fit on the building. So, I expect that for now the name will remain the same.
Why anyone would seek the job of Family Court judge is beyond my comprehension, but each election cycle brings plenty of candidates to the game. This year, the battle for Department E holds great potential for name-calling and character assassination as any case ever heard in Family Court.
Judge Fran Fine is the incumbent. Beleaguered is a word that describes Fine's time on the bench. Controversial is another word. Ethically suspect are two more words.
It is hard to fathom how anyone could become so unpopular so quickly with so many people without becoming a newspaper columnist. Somehow, Fine has managed.
In November 1995, the Judicial Discipline Commission ruled Fine had held at least eight improper conversations with two fellow Family Court judges regarding a case involving her former client. Fine was fined $5,000. Two commissioners wanted her removed from office.
"We based our objection to the majority's decision for the imposition of a lesser discipline upon the judge's own testimony at the public hearing in this matter and on the record of the case," Commissioners Billy Jean Fuller and Alan Lefebvre wrote. "We believe that from the testimony given by Judge Fine, she only regrets that her misbehavior in office was detected; her testimony does not reveal any remorse at her conduct, but only regrets having been the subject of these proceedings."
Local attorneys would appear to concur.
In the Review-Journal- and Clark County Bar Association-sponsored Judicial Performance Evaluation, Southern Nevada attorneys rated Fine the worst judge. Fewer than one in four attorneys surveyed said she should be retained.
Last week, Fine was hit with more ethics charges. These include allegations she engaged in improper conversations dating as far back as 1993 and also questioned Fine's appointment of her first cousin as a case mediator.
People with this many problems usually have blues songs written about them.
Through her attorney, Bill Terry, Fine has denied any misconduct.
Not that at least one of her opponents in the Department E race, attorney Robert Lueck, figures to come away unscathed from the campaign.
His protracted alimony battle with ex-wife Linda Lueck, who is legally blind, went all the way to the state Supreme Court and hit the newspapers in 1990. Lueck was threatened with sanctions for refusing to pay perpetual alimony, admitted owing his former spouse approximately $15,000 and also referred to her in court documents as "a bellyaching bitch."
"Based on my personal experience and his actions ... I don't think he would be able to render fair judgments in Family Court," Linda Lueck said Monday. "I think Family Court would be the worst place for him to be seated."
Let us assume reconciliation is not in their future.
"It was an ugly divorce in 1984," Robert Lueck said. "But it was a routine divorce fight. There was nothing extraordinary about it."
The candidate added that he believed the ordeal better prepared him for the Family Court bench: "I went through the experience. I know what it's like."
Robert Lueck might be right. It's also possible Fine's struggle will make her a more empathetic jurist. Nothing like a little battle experience to know how the foot soldier feels.
Of course, Fine and Lueck are not alone in the race.
Other candidates include attorneys Stephen Minagil and Pat Nohrden.
For the record, I have yet to hear a bad word about them.
That's right. Nothing negative.
Kind of spooky, don't you think?
John L. Smith's column appears Sunday, Tuesday, Wednesday, Thursday and Friday. Reach him at 383-0295 or John_L._Smith@lvrj.com.
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