Nevada Supreme Court rules against Michele Fiore in suspension case

(CN) - The Nevada Supreme Court on Friday ruled against a suspended justice of the peace who was pardoned by President Donald Trump, determining a judicial commission had the authority to act against her.

Michele Fiore, who is seeking to regain her former post as Nye County justice of the peace, argued that the Nevada Commission on Judicial Discipline improperly suspended her after her federal indictment. She also asked the high court to order the commission to dismiss the complaint against her.

On Friday, however, the Supreme Court ruled that the commission had jurisdiction and did not abuse its discretion.

"Judge Fiore argues that the commission lacks jurisdiction to order her suspension because the commission can only impose discipline based on 'an act or omission that occurs on and after the date on which judge enters upon the duties of office,'" the high court wrote in its ruling. "Because the misconduct leading to the federal criminal action occurred before she took the bench, Judge Fiore argues the commission cannot discipline her. We disagree."

The high court said the commission had not punished Fiore, but was merely investigating her. The justices said her suspension was based on accusations of misconduct, giving the commission authority to suspend her with pay.

The court also rejected Fiore's claim that the commission abused its discretion, writing that the commission has the authority to suspend judges.

Fiore argued the commission wrongly concluded she posed a substantial threat of serious harm to the public or the administration of justice. But the commission argued it based its finding on claims that she deceived donors and improperly enriched herself while serving as a judge.

"We conclude Judge Fiore has not demonstrated the commission abused its discretion in determining that an interim suspension was warranted," it added. "Therefore, we affirm the commission's decision to suspend Judge Fiore with salary."

The Supreme Court also ruled on a May 2025 complaint filed against Fiore by the commission's director. That complaint accused Fiore of violating two parts of the state's judicial conduct rules - that judges must comply with the law and always act in a way that promotes public confidence in the integrity and impartiality of the judiciary.

Fiore responded with a petition for a writ of mandamus, seeking to stop any commission investigation into her or consider any potential punishment

The justices declined to grant the petition, saying the commission has not yet filed formal charges against Fiore and that her request was premature.

Fiore's legal battle stems from her federal fraud convictions. Prosecutors claim she directed donors to a memorial for fallen police officers to send checks to a bank account she controlled. She or another person then collected the checks, and Fiore concealed the money by moving it from bank accounts belonging to a political action committee and a charity into accounts controlled by her and others.

Convicted in 2024 on federal charges of wire fraud and conspiracy to commit wire fraud, Fiore received a pardon from Trump weeks before her May 2025 sentencing.

The commission first suspended her from office without pay in October 2024, the month a jury convicted her. It changed her suspension to with pay after her April 2025 pardon.

Representing Fiore, attorney Paola Armeni told Courthouse News in a statement they were disappointed in the ruling.

"There is nothing about the commission's previous actions that should lead anyone to believe that they will not move full speed ahead on their attempt to discipline Judge Fiore," Armeni said. "To suggest that there has been any continued negative conduct to the donors while she has been a sitting judge is absurd, as the donors in question did not even initiate the judicial commission complaint. Rather, the judicial discipline commission did, which only occurs in less than 1% of the cases. Ironically, many of the donors to which the commission suggests are still being harmed are still supporters of Judge Fiore."

A commission representative couldn't be reached for comment.

Source: Courthouse News Service

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