Nevada Supreme Court hears Michele Fiore’s appeal over judicial suspension
The Nevada Supreme Court on Thursday heard arguments challenging the state’s commission on judicial discipline’s ruling that suspended Justice of the Peace Michelle Fiore without pay.
During the hearing, Fiore’s attorney, Paola Armeni, argued that the Nevada Commission on Judicial Discipline lacked jurisdiction and that its investigation centered on conduct that occurred before Fiore took the bench. Armeni also said that Fiore’s actions as a sitting judge were unfairly tied to her earlier criminal case and said supportive letters from officials — including Clark County Commissioner Tick Segerblom and former state Sen. Bob Coffin — had not been seriously considered by the commission.
In May, the Nevada Commission on Judicial Discipline suspended Fiore with pay from her position as a Pahrump justice of the peace, about seven months after a federal jury found her guilty of conspiracy and wire fraud charges.
Fiore, who is now seeking re-election to her Pahrump justice of the peace seat, asked the Nevada Supreme Court to expedite her appeal to reverse the suspension in early December.
In a Dec. 22 order, the high court agreed to expedite resolution of the matter “to the extent that its docket permits” while also denying a pause in Fiore’s suspension.
Prosecutors accused Fiore, a former Las Vegas councilwoman and Republican assemblywoman, of defrauding donors of tens of thousands of dollars raised to build a statue of a slain Metropolitan Police Department officer by using the money on personal expenses, including rent, plastic surgery and her daughter’s wedding.
President Donald Trump later issued a full and unconditional pardon for Fiore, which protected her from criminal sentencing.
Without an expedited review that reverses her suspension, the December filing argued that Fiore’s re-election campaign would be “clouded by misinformation” about her current suspended status, causing “imminent and irreparable harm” to her re-election odds, Fiore’s court filing said.
Therese Shanks, an attorney with the Nevada Commission on Judicial Discipline, said that Fiore had conflated discipline with investigation. She asked that the appeal be denied.
“This is only an investigation phase. There is no discipline happening. There are no formal statements of charges that have been filed,” Shanks said. “Judge Fiore conceded in her opening argument that the fact that she was found guilty by a jury of seven felonies while she was sitting as a justice of the peace is a basis for discipline. She conceded that, but now she argues that the Commission cannot investigate that fact, and she does so on the premise that the judicial discipline code only allows investigation of a violation of the law if there is, quote, unquote, a conviction.”
She added: “Judge Fiore wants the pardon to block out any consideration of the fact that this happened.”
Shanks also argued Thursday that suspending Fiore is a temporary — though necessary — measure to protect the judiciary.
“The continuing deceit of charitable donors and unjust enrichment at the expense of the slain police officer statue harms the public’s perception of the judicial system and its confidence in the system’s legitimacy, creates the appearance of impropriety, reflects adversely on respondent’s honesty and character, and undermines her ability to impose justice and to apply the law fairly,” Shanks said.
The court, which went into recess after about 45 minutes, did not immediately issue a ruling.
Contact Akiya Dillon at adillon@reviewjournal.com.
