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The Nevada Independent

Nevada Supreme Court upholds Michele Fiore's suspension with pay

The Pahrump judge argued the judicial discipline commission didn't have the authority to suspend her. The high court said it did, pending further investigation.
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The Nevada Supreme Court has upheld the suspension of Pahrump Justice of the Peace Michele Fiore, the prominent conservative who was convicted of fraud but later pardoned by President Donald Trump.

The unanimous ruling Friday means Fiore will stay suspended with pay as the Nevada Commission on Judicial Discipline investigates additional complaints against her. The commission previously suspended her without pay after she was convicted of using donations intended for a fallen officer's memorial for her own gain, but that was lifted last spring after Trump's pardon.

Members of the commission — a seven-person panel appointed by the governor, Nevada Supreme Court and State Bar of Nevada — unanimously decided last year that her apparent refusal to reimburse donors she defrauded represents a "current, emergent threat to the judiciary." They also said the suspension was warranted because new complaints were filed against her, but details of those accusations are confidential.

Fiore had argued the commission did not have the authority to issue the suspension, citing Nevada law that states the commission's jurisdiction only covers conduct once someone is a judge — the events of the fraud conviction occurred before her appointment as a Pahrump judge. The commission noted in its order that the suspension was also based on allegations of misconduct during her time as a judge.

The state Supreme Court determined the commission had the authority to issue the interim suspension because it was pending further investigation and the panel had not finalized any permanent discipline.

"[A]t this early point in the process, it remains to be seen whether formal proceedings will be brought and whether any potential formal proceedings 'are without or in excess' of the Commission's jurisdiction," the ruling said.

In a statement posted on her Facebook page Saturday, Fiore said she is "ready to see" the rest of the discipline process play out.

"The Supreme Court didn't decide who's right, they just said the process wasn't finished," Fiore wrote in her post. "While we are disappointed the Supremes chose not to address those issues now, this is not the end of the fight, it is simply the next step."

Fiore — a former assemblymember, Las Vegas City Council member and Republican nominee for treasurer — is running for re-election this year and has drawn three opponents. She has been endorsed by Nevada GOP Chair Michael McDonald and Republican National Committeeman Jim DeGraffenreid, both of whom are among the six so-called "fake electors" who tried to overturn the results of the 2020 presidential election.

Her fraud conviction related to the construction of a statue honoring Alyn Beck, a Las Vegas police officer killed in the line of duty in 2014. Prosecutors alleged that Fiore — while serving as a Las Vegas council member — solicited donations to her PAC and nonprofit for the construction of the statue but instead used the money for personal use, including for rent and plastic surgery.

Dozens of witnesses testified during the trial, including Republican Gov. Joe Lombardo, who said that Fiore had sought donations for the statue while he was Clark County sheriff. His campaign account sent a $5,000 check to Fiore's PAC, and an FBI agent testified that shortly after, $5,000 was transferred to Fiore's daughter's account to purchase a money order covering Fiore's rent.

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