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Michele Fiore’s attorney argues to keep judge salary after guilty verdict

Updated October 18, 2024 - 6:37 pm

Michele Fiore’s attorney argued Friday for the Nevada Commission on Judicial Discipline to allow her to continue collecting a salary while she is suspended from the bench in Pahrump Justice Court, despite her recent conviction in a federal wire fraud case.

“We are in the process of evaluating the case, but do expect that there will be issues that both support post-trial motions and an appeal,” said attorney Paola Armeni, who was appointed to represent Fiore after her criminal trial.

Armeni said she probably will file a motion for a new trial and a motion for an acquittal, which she said could invalidate the jury’s verdict if the judge rules in Fiore’s favor.

The commission meeting lasted less than 10 minutes on Friday. After Armeni made a statement on behalf of Fiore, commission member Karl Armstrong said the group would meet privately to discuss the matter outside of the public hearing.

“We will issue our findings at a later date, pursuant to statute,” Armstrong said.

The hearing was held for Fiore to respond to the commission’s notice of intent to continue her suspension from the bench without pay.

This month, a federal jury found Fiore guilty of conspiracy to commit wire fraud and six counts of wire fraud for defrauding donors who thought they were contributing to a statue of fallen Metropolitan Police Department officer Alyn Beck.

Prosecutors accused Fiore of using her charity and political action committee to raise money that she then spent on personal expenses such as rent, plastic surgery and payments towards her daughter’s wedding.

Fiore, a former Las Vegas city councilwoman, was appointed to the bench in Pahrump Justice Court by the Nye County Commission in December 2022. She then won a primary election for the bench in June, a month before she was indicted.

The Judicial Discipline Commission suspended Fiore with pay shortly after she was indicted in July. She has been paid more than $20,900 since she was indicted, according to Nye County spokesman Arnold Knightly.

Armeni argued Friday that Nevada law says the Commission on Judicial Discipline has the discretion to take away a judge’s salary, but that the commission can choose not to. She said that taking away Fiore’s salary would be “premature” before any post-trial motions are decided, or before Fiore is sentenced.

She also argued that reducing Fiore’s salary would cause “unnecessary financial hardship, violating the principles of fairness.”

According to Nevada law governing the commission, a judge can be suspended without pay if the judge is found guilty of a felony. If the conviction is later reversed, the judge will be paid their salary for the period of the suspension.

The commission also has the power to remove a judge from the bench if it determines that the judge committed “willful misconduct,” which includes being convicted of a crime involving moral turpitude, according to Nevada law.

During Fiore’s trial, prosecutors argued that she raised more than $70,000 while she was a city councilwoman for the statue honoring Beck, but then made no payments towards the memorial. Attorneys have said they expect Fiore will face some prison time in the wire fraud case, but her sentence will be at the discretion of U.S. District Judge Jennifer Dorsey.

Fiore’s sentencing hearing is scheduled for Jan. 6, but her attorney has filed a motion to set that hearing for a later date, court records show.

Contact Katelyn Newberg at knewberg@reviewjournal.com or 702-383-0240.

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