While there will be no Justice of the Peace candidate debate in West Wendover, a lively exchange was held in Elko last week.
Elko JP candidates David Loreman, Mason Simons, Antoinette Chiesa, and Diana Hillewaer spoke about technology, case loads and management styles in an open forum for Elko voters who like their West Wendover neighbors will go to the polls next Tuesday to pick the top two candidates for the November General election.
Last week West Wendover Judge Reese Melville said he would not accept a debate request by challenger Brian Boatman on the grounds that it had the potential of violating the Code of Judicial Ethics.
Just what exactly what are we going to debate?” Melville asked last week. “How are we going to rule on cases? How are we going to apply the law? How would we rule on a specific case? That isn’t even close to violating judicial ethics it is way over the line.”
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Melville said Elko’s forum notwithstanding he was sticking by his original refusal.
“I understand they stayed away from judicial philosophy and kept it to the workings and the financial areas of running the court.” Melville said. “That is fine but the way Mr. Boatman wants to do it is very much a different story.
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The call for the debate was issued by one of Melville’s challengers in the upcoming primary election Brian Boatman who wrote in comment section of the newspaper’s website: “Mr. Copelan, once upon a time you stated that you’d like to have a “meet the candidate night”. I say, “let’s do it”. LET’S HAVE A NIGHT OF QUESTIONS AND ANSWERS. I would love to answer questions in a public meeting. In fact, I look forward to it. I’m proud of my record and have absolutely nothing to hide. I haven’t done anything illegal, as your article would certainly suggest. Dave is a good law-abiding citizen as well. Between the both of us we have decades of experience enforcing the law. I hardly believe that we would risk our names for the sake of a few signs. I would love to have local residents write down questions to be read by a non involved party. Someone from out of town would be best. I’m willing whenever the other candidates are.”
“Long before this campaign began I have always had an open door policy anyone can come in and ask me about the workings of the court,” Melville said. “I won’t discuss a particular case. But if anyone wants to see how I act as judge they are more than welcome to attend a trial or watch them on the internet.” (Along with court proceedings from the districts courts of Elko and Ely, West Wendover court cases are webcast on www.coyote-tv.com)
The local race for Justice of the Peace has been particularly acrimonious this year starting with earlier than allowed campaign signs by Boatman and fellow challenger David Wiskerchen that violated a possibly unconstitutional city ordinance.
The city has taken no action against either Boatman or Wiskerchen perhaps for that very reason. However according to City Clerk Anna Bartlome the early signs were in violation of city code.
“Really whether its constitutional or not should not be a consideration,” Melville argued. “Especially for someone who says he wants to be Justice of the Peace. Interpreting the constitution is way above our pay grade. Our job is to apply the law as written by city, county or state legislative bodies. Are there some ordinances I might personally disagree with? Sure there are. But I, or any other Justice of the Peace or Municipal Court Judge, do not have the power to throw out a case because we think the law is unfair or unconstitutional. And we (judges) certainly shouldn’t willingly violate an ordinance because we think it is unconstitutional. That is for a much higher court to decide.”
Melville said that he believed his strict adherence to city code should be an issue in the election.
The largest controversy in the campaign is however Boatman’s character reference for convicted murderer Toni Fratto.
In a plea deal this January Fratto agreed to plea guilty to the charge of second degree murder with the use of a deadly weapon and to testify against her boyfriend Kody Patten. Fratto like Patten had been charged with first degree murder and also like her accomplice was facing the death penalty.
The letters were solicited by her parents Claud and Cassie Fratto and were delivered to the court in advance of her sentencing.
“It wasn’t a leniency letter like a lot of people are saying,” Boatman said interview with the Advocate. “I just recounted how I knew her by her baby sitting my kids and through church camps. I believe I also wrote she wasn’t a throwaway kid and that I believed she was salvageable.”
“I don’t believe he (Boatman) ever used the word leniency,” said a source close to the case who read the letter. “On the other hand these types of letters are sent to the court before sentencing hopefully to influence sentencing. You don’t have to be a genius to know that only the supportive letters are going to forwarded to the judge.”
Of the 26 letters supporting Fratto the vast majority are authored by relatives or long time friends of the Fratto family. Boatman who is now the Juvenile Probation Officer at West Wendover High School is the sole law enforcement officer on the list and as a candidate of Justice of the Peace the only person on the list that can be classified as a “public” person.
The fact that Boatman has not released the letter has also added to the controversy.
Despite the contentiousness of the campaign, there has been civility between the candidates. During Tuesday’s sleet/windstorm Melville contacted Boatman that some of his campaign signs were in danger of being blown away.
“They are pretty expensive,” Melville said. “I thought he should be aware that the wind was about to take them.”