Tempest in teapot, maybe, but candidate should expect ethics complaint

When politicians and their campaigns make technical mistakes, the public may wonder what the big deal is, but opponents can barely contain their glee. The underlying message is: Here's someone who doesn't understand the law. How can you trust them?

Basic rule of politics: If you make the law, enforce the law or judge the law, then make it a point not to break the law.

So when Chief Deputy District Attorney William "Bill" Kephart put out a fund-raising letter using an altered version of his DA's badge that includes the state seal of Nevada as part of the badge, it gave his foes fodder.

Nevada law protects the state seal from political use without the governor's written permission.

By unauthorized use of the state seal, a judicial candidate falls smack dab in the category of someone hoping to be a judge who, however inadvertently, seems to be breaking the law.

I'm no lawyer, and the secretary of state's office declined to give a legal opinion, but the law seems pretty clear.

NRS 235.010(4) provides:

"A reproduction or facsimile of the Seal may only be used:

"(a) With the written permission of the Governor;

"(b) In the performance of official acts by an agency of one of the branches of State Government;

"(c) On items distributed by an agency of one of the branches of State Government which are not necessary to carry out the duties of the agency; if the use of the reproduction or facsimile is approved by the head of that agency."

Kephart, one of four candidates vying for a district judgeship in Department 10, says he's not using the state seal; he's using his district attorney's badge. But smack dab in the middle of the badge is Nevada's state seal.

Plus, based on a 1998 Nevada Ethics Opinion involving the use of the uniform and badge of a Washoe County sheriff, it's questionable whether he should be using the DA's badge.

District Judge Jessie Walsh also believes Kephart's signs suggest he's the incumbent because they give his name and say "District Court Judge Department 10." The Web site is at: www.kephartforjudge.com.

She's considering filing a complaint either with the Nevada Ethics Commission or the Judicial Discipline Commission, because Kephart appears to be violating the law governing the use of the state seal as well as judicial canons governing election practices. "Basically, I'm disappointed in Bill," Walsh said. "You'd think a person running for judge would know and follow the law."

The others in the race are David Rivers and Ian Christopherson.

Kephart tried to do the right thing. "I cleared it with David Roger," he said. Because the county never copyrighted the badge, District Attorney Roger didn't put the kibosh on using it.

Kephart removed Roger's name and the words Clark County so that the badge on his stationery and signs wouldn't suggest an endorsement.

Kephart is chief of the career criminal section in the major violators unit, so he's more used to dealing with bigger violations than breaking the state seal law.

Though it may seem like a big nothing, stories are written about what are technical violations, especially if ethics complaints are filed.

In 1998, Washoe County Sheriff Dick Kirkland endorsed judicial candidate James Hardesty in a television ad, wearing his sheriff's uniform. The Ethics Commission said no-no, and Kirkland re-shot the ad in civilian clothes.

The commission said a public officer will create an appearance of impropriety by using a uniform, badge, employees or private office for making an endorsement ad. Isn't Kephart a public officer using his badge to promote himself?

I really don't expect the candidate to know the laws governing use of the state seal. I do expect their campaign consultants, in this case Billy Rogers, to know. A lot of people will say: Who cares?

But it does suggest someone isn't paying attention to campaign details.

Maybe Kephart is right. Maybe it's not misuse of the state seal. Maybe a Web site that has "for" in the address circumvents the incumbency issue.

Look for someone to file an ethics complaint against the deputy DA to find out for sure.

Welcome to the world of politics, Bill Kephart.

Jane Ann Morrison's column appears Monday, Thursday and Saturday. E-mail her at Jane@reviewjournal.com or call (702) 383-0275.