Washoe judges ousted in Mack civil cases

Jan. 24, 2007

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In another unprecedented move in Nevada judicial history, a senior judge Thursday disqualified all Washoe District Court judges from a list of civil cases involving Darren Mack, accused of fatally stabbing his estranged wife and shooting the Family Court judge deciding their divorce.

Mack, a 45-year-old Reno pawn shop owner, has been charged with murder in the June 12 death of Charla Mack, 39, and with attempted murder in the sniper-style shooting of Judge Chuck Weller, who was struck as he stood in his third-floor chambers. Mack's trial has been set for next year.

In August, Senior Judge J. Charles Thompson removed all Washoe District Court judges from Mack's criminal case, saying "a reasonable person" might question whether those judges "would be entirely impartial when one of their own is the victim of such a serious offense."

Thompson said Thursday that "the same rationale applies" to the civil cases.

Cases affected by Thompson's ruling include the guardianship of the Macks' 8-year-old daughter, Charla Mack's estate, their divorce case, a civil lawsuit filed by Palace Jewelry & Loan Co., owned by Darren Mack and his mother, Joan, against Charla Mack and a family trust case involving Darren Mack's former wife, Debra.

The next step will be for Nevada Supreme Court Chief Justice Bob Rose to appoint a new judge or judges to handle the divorce, guardianship, probate and Palace Jewelry & Loan cases, said court spokesman Bill Gang.

"The chief justice will make the appointment as expeditiously as possible to ensure the cases can proceed in a timely manner and resolutions can be reached," Gang said. "But no appointments can be made before next week at the earliest, and it may be several days before a decision is possible."

Mark Wray, Mack's lawyer in the probate and Annie Allison cases, said the judge did the right thing. Allison was standing near Weller when the shot came through the window, hitting her with shrapnel.

"It's better for everyone, for the judges, the attorneys and the clients," Wray said. "Under the circumstances, it's better to not force the judges into a position of having to deal with something this close and personal."

Egan Walker, a lawyer representing Charla Mack and her family, agreed it was best to remove the judges.

"There is no doubt in my mind that all the judges in this district could fairly and impartially rule on all cases involving Darren Mack," Walker said. "But given the fact that Darren Mack chose to shoot a judge in his divorce case, there is little doubt that anyone might question the reaction of people in the court system."

He said he didn't think the shooting would impact the judges' ability to rule, but said it was best to remove any possible claims down the road in the appeals process that the judges were unfair.

Thompson did not rule on a judge for a civil lawsuit filed against Darren Mack by Allison. Her lawyer, Cal Dunlap, was the only lawyer in the Mack cases to oppose removal of the Northern Nevada judges. Thompson set a hearing for oral arguments on that issue

Oct. 23.

Dunlap said that there was no need to remove the Washoe judges from Allison's case because she was not a judge and did not have close relationships with the judges.

"A person should not be able to murder someone and then disqualify the other judges by shooting at one," Dunlap said.