Discipline case filed against former Fernley judge

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Updated: 1/01/2013 10:54 pm

CARSON CITY, Nev. (AP) — The Nevada Commission on Judicial Discipline has filed a formal case against a former Fernley Municipal Court judge, accusing him violating judicial canons when he pulled over a woman and presented himself as a police officer.

Judge Daniel Bauer resigned in February after Lyon County prosecutors charged him with two misdemeanors stemming from the September 2011 incident. Those criminal charges were then dropped.

But Bauer, a retired Nevada Highway Patrol trooper, now faces a hearing before the judicial discipline panel.

Bauer is accused of using a badge issued to NHP retirees, stating he was a police office, and detaining a woman at a convenience store.

If the commission finds the allegations are true, Bauer could face a range of possible sanctions, up to being barred from holding judicial office.

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Rickerwill - 1/2/2013 11:35 AM
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It strikes me that way too much has been made of this case. Under Nevada law, a citizen can arrest another citizen. If this teenager was driving recklessly in Fernley, it was entirely appropriate for another Fernley citizen to arrest and detain her under NRS 171.126: A private person may arrest another: 1. For a public offense committed or attempted in the person’s presence. The Judge's mistake was flashing his old NHP badge and making the arrest under the "color of authority." If he had done it just as "Joe Citizen," there would be no problem, at all, regardless of the fact that he is also a judge. When I was growing up in small-town Nevada, grownups held other people's kids accountable for their misbehavior and scolded them (with the threat of tattling to Mom and Dad!) when offenses were committed in their presence. I guess we can't do that anymore - especially if we are retired law enforcement who spent our lives doing it professionally. Bottom line is you just can't show that you used to be an NHP Trooper when making the arrest . . . you just have to be Joe Citizen or you will be forced to resign your job as judge and be "disgraced" in your community, then subjected to professional discipline 10 months later, for trying to be one of those responsible adults who hold our teenage citizens accountable. Societal evolution marches on, eh?

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