CARSON CITY, Nev. (KRNV & MyNews4.com) A Carson City man says the court clerk there is illegally back dating judicial filings for the state Attorney General. Todd Robben says a court filing by the Attorney General's office in his wrongful termination case against the state's Department of Taxation was dated in time to meet a procedural deadline, December 20th, but it wasn't actually turned over to the court until at least the next day after that deadline.
“The document wasn't in the file,” he said. “It's a big public concern because the public has a right to a fair court system.”
On the afternoon of December 21st, Robben had a legal processor check to see if the brief had been filed on time. A court clerk worker then signed this certified docket report for the case showing the document was not in their computer system yet. That legal processor also submitted this affidavit swearing that the clerk's office spent 40 minutes looking to make sure it wasn't in the hard copy files either. According to both these documents no record of the brief was found on the 21, but that filing in question is still stamped saying it was there on the 20th.
The clerk's office manager, Max Cortes, declined an on-camera interview faxing over a handwritten official statement reading: “because this case is on appeal with the Supreme Court, I am unable to make any comments.” She also attached a two paragraph letter sent from the clerk's office to Robben reading: "after review of your case file, i have found no discrepancies."
The Attorney General's office also declined an on-camera interview with a statement that: "these allegations are, as a matter of law, not true. Court documents were properly filed."
Robben does not think it’s possible the document hard copy was there on time but not entered into the electronic system by the next afternoon.
“Every clerk was checked, the law clerk and I believe even the judge. I stand by it, the document wasn't filed,” he said.
Robben also says the clerks might do this because missing a filing deadline could mean the case would be thrown out of court. And that the judge in the case is good friends with one of the defendants. He adds that the judge James Wilson Jr. refused to investigate the possible backdating. Court records obtained by the fact finder team show the judge then signed an order saying Robben's conduct was "disruptive and counterproductive." Robben was also not allowed to "call, write, email or otherwise communicate" directly with court staff after that.
News 4 has been calling the judge for more than a week, and he still hasn't gotten back to us for comment.
Robben says he's speaking to us now because there's nowhere else to go for help, and he hopes there will be a public outcry after this story. Robben has also contacted the FBI and filed a judicial ethics complaint against the judge. He also has an appeal into the Nevada Supreme Court about his case. A hearing date has not yet been set for that.
So you have a little more context about the man making these claims, News 4 has also learned their are five restraining orders out against Robben by his ex-coworkers. He says that was all a misunderstanding and overreaction.