The chair of the Nevada Commission on Ethics has granted a request to delay the planned judgment hearing (including a proposed $1.6 million fine) over Gov. Joe Lombardo’s use of badge and uniform in his 2022 campaign for governor, citing an ongoing special session.

In an order dated Monday, commission Chair Kim Wallin granted a Friday request from attorneys representing Lombardo to delay the hearing scheduled for this week amid the planned absence of several commissioners.

In her order continuing the hearing, Wallin noted that the commission had previously granted an extension on the Lombardo hearing given that it was scheduled to take place during the regular legislative session, noting that “neither party addressed the addressed the circumstance of a potential Special Legislative Session in the previous continuance briefing.”

The order also notes that the commission’s executive director will poll commissioners to determine availability for a future meeting.

Original story below:

Attorneys for Gov. Joe Lombardo are requesting the Nevada Commission on Ethics delay next week’s planned judgment hearing and a proposed $1.6 million fine over the former Clark County sheriff’s use of badge and uniform in his 2022 campaign for governor.

Lombardo’s lawyers filed a motion Friday, saying they discovered during an unscheduled status conference with commission attorneys on Thursday that two commissioners — Amanda Yen and James Oscarson — would be absent from the scheduled June 13 hearing.

While three commissioners — Kim Wallin, Teresa Lowry and Thoran Towler — would be able to attend the five-member hearing panel and thereby establish a quorum, attorneys for Lombardo noted that Wallin and Lowry are Democrats and Towler (a nonpartisan) was appointed to the commission by former Gov. Steve Sisolak, whom Lombardo defeated in the 2022 election.

“At a minimum, such an arrangement appears inconsistent with the Legislature’s intent that the Commission’s composition not be unduly balanced in favor of any one political party,” attorneys for Lombardo wrote in the filing.

Several of the commissioners have electoral history. Wallin, a Democrat, served two terms as state Controller. Lowry ran for state Senate as a Democrat in 2014, and Oscarson served three terms in the Assembly as a Republican.

Attorneys with the commission are recommending the entity censure Lombardo, designate an ethics officer within the Republican governor’s office and impose a more than $1.6 million fine for multiple social media posts and other election materials produced during his successful campaign for governor last year. 

The commission consists of eight members — four appointed by the governor and four appointed by the Legislative Commission, with a requirement in state law prohibiting the commission from having more than four members of the same political party.

Ross Armstrong, the executive director of the ethics commission, said in an email Friday that the commission was aware of the request and “will be responding.” He said the motion by Lombardo’s attorneys would be decided by the presiding officer in the hearing, which in this case is Wallin.

Attorneys for the governor have vehemently pushed back against the commission attorney’s legal analysis that cited Lombardo for 34 distinct violations of two state ethics statutes, for a total of 68 violations.

The commission can fine up to $5,000 for a first willful violation of state law, $10,000 for a separate wilful violation and $25,000 for a third violation. The legal analysis imposed a fine for each time Lombardo’s campaign posted an image, published a video or used imagery of Lombardo wearing his uniform, badge or gun in campaign materials. The calculations of those instances led to a total fine of $1.6 million.

Attorneys representing Lombardo and the commission are scheduled to present arguments to the full ethics commission board during the June 13 hearing in what could be described as a mini-trial.

Following the hearing, members will issue a ruling on whether Lombardo violated state law, and all parties will have the opportunity to challenge the ruling in the state’s court system. 

The issue of Lombardo’s use of so-called office accouterments in his campaign for governor came up after two complaints were filed in 2021, kicking off a multiyear investigatory process by the state ethics commission, an eight-member body appointed by the governor and Legislative Commission charged with interpreting and enforcing Nevada’s ethics laws.

At least one member of the commission, attorney Damian Sheets, resigned over the investigation into Lombardo.

Editor’s Note: Campbell & Williams, the law firm representing Gov. Joe Lombardo in this case, has in the past provided The Nevada Independent with pro bono legal services and advice. 

Updated on 6/9/2023 at 2:30 p.m. to include a response from the Ethics Commission. Updated again on 6/12/2023 at 10:00 a.m. to update the story reflecting that the delay was granted.