Thursday, September 23, 2004
Copyright © Las Vegas Review-Journal

DISCIPLINE COMMISSION: Binion case judge could face complaint

Bonaventure's decision to attend book signing in question

Joseph Bonaventure The district judge could face a complaint alleging conflict of interest

The Nevada Commission on Judicial Discipline could decide today whether to pursue a complaint about District Judge Joseph Bonaventure attending a book signing in the Ted Binion murder case more than three years ago.

Former City Councilman Steve Miller said Wednesday he filed the complaint with the commission in April 2002.

Miller said the complaint questioned Bonaventure's decision to attend a 2001 book signing for a book about the Binion case that was written by Las Vegas Sun reporter Jeff German.

Bonaventure presided over the 2000 murder trial of Binion slaying suspects Sandy Murphy and Rick Tabish. The two were convicted of the crime, but the convictions were overturned last year on appeal.

At the time of the book signing, Miller said, Bonaventure should have known that the case could have come back before him and that attending the book signing demonstrated a conflict of interest.

"Judge Bonaventure should have been acutely aware that it would be totally improper for him to participate in the promotion of a book about the case in chief," Miller wrote in his complaint.

Miller said he has received letters from the Nevada Commission on Judicial Discipline's general counsel, David Sarnowski, saying the commission has decided to investigate the allegations. But Sarnowski wrote to Miller that its investigation was incomplete and that the commission would consider the complaint at a meeting today.

Sarnowski did return a phone call Wednesday seeking comment on this story.

Bonaventure said Wednesday he did not know a complaint had been filed against him.

"I am completely unaware of any proceedings," Bonaventure said. "I thought this was a dead issue."

In 2002, Tabish's attorneys sought to have Bonaventure removed from the case and alleged bias. One of the issues brought up was his appearance at the book signing.

Bonaventure signed a sworn affidavit that said he went to the book signing to get a copy of the book and that he had no intentions of signing autographs. He said he did sign autographs when those in attendance asked.

"At no time did I intentionally go to the book sale to sign books. ... I have no implied or express malice toward Richard Tabish or Sandra Murphy," Bonaventure wrote in the affidavit.

Then-District Court Judge Mark Gibbons denied the request to remove Bonaventure from the case.

"I felt it needed to go before the commission to decide if his actions were in violation of the judicial canons," Miller said. "Twenty-eight months later, we are still sitting here. They are either a paper tiger or at this point malfeasant for not having acted sooner."

Prosecutors and Murphy's defense attorney said Wednesday they had no interest in having Bonaventure removed from the case.