Melville Nixes Boatman’s JP Debate Offer, Says Exercise Could Violate Ethic Code

Citing the Code of Judicial Ethics, West Wendover Justice of the Peace refused to participate in any debate before June’s primary election.

Just what exactly what are we going to debate?” Melville asked rhetorically Wednesday. “How are we going to rule on cases? How are we going to apply the law? How would we rule on a specific case? That isn’t even close to violating judicial ethics it is way over the line.”

The call for the debate was issued by one of Melville’s challengers in the upcoming primary election Brian Boatman who wrote in comment section of the newspaper’s website: “Mr. Copelan, once upon a time you stated that you’d like to have a “meet the candidate night”. I say, “let’s do it”. LET’S HAVE A NIGHT OF QUESTIONS AND ANSWERS. I would love to answer questions in a public meeting. In fact, I look forward to it. I’m proud of my record and have absolutely nothing to hide. I haven’t done anything illegal, as your article would certainly suggest. Dave is a good law-abiding citizen as well. Between the both of us we have decades of experience enforcing the law. I hardly believe that we would risk our names for the sake of a few signs. I would love to have local residents write down questions to be read by a non-involved party. Someone from out of town would be best. I’m willing whenever the other candidates are.”

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The High Desert Advocate usually hosts a candidates’ night of before the general election in November. While Justice of the Peace candidates traditionally attend the ‘Meet and Greet’ before questions from the audience they have never historically participated in the debate portion of the program usually reserved for council and mayoral candidates.

According to Melville Boatman’s call for a debate again illustrates a fundamental misunderstanding of the responsibilities and duties of a Justice of the Peace on Boatman’s part.

It is a theme Melville has repeatedly returned to during the course of the campaign. Last week the Judge finally put up his campaign signs while chiding both Boatman and fellow challenger David Wiskerchen for jumping the gun on campaign signs.

“A lot of people thought I wasn’t running and asked me why I wasn’t putting up signs,” Melville said. “ I told them that I would as soon as I legally allowed to. City ordinance clearly states that no campaign signs are to be put up until 40 days before the election. I am just abiding by the law.”

Both of Melville’s opponents Brian Boatman and David Wiskerchen began placing signs around town in April

When asked whether he was aware of the ordinance Boatman said he was but questioned the constitutionality of the ordinance since his signs were on private property.

The city has taken no action against either Boatman or Wiskerchen perhaps for that very reason. However according to City Clerk Anna Bartlome the early signs were in violation of city code.

“Really whether its constitutional or not should not be a consideration,” Melville argued. “Especially for someone who says he wants to be Justice of the Peace. Interpreting the constitution is way above our pay grade. Our job is to apply the law as written by city, county or state legislative bodies. Are there some ordinances I might personally disagree with? Sure there are. But I, or any other Justice of the Peace or Municipal Court Judge, do not have the power to throw out a case because we think the law is unfair or unconstitutional. And we (judges) certainly shouldn’t willingly violate an ordinance because we think it is unconstitutional. That is for a much higher court to decide.”

Melville said last week that he believed his strict adherence to city code should be an issue in the election.

“A local judge has a lot of power,” he explained. “We can issue warrants for searches, we can order arrests and we decide guilt or innocence. We are supposed to be bound by the code of judicial ethics and not disregard it because we don’t agree with it. I think the voters should ask themselves if they want to elect a man who even before he became judge ignored the law because it was inconvenient for him.”

While Boatman believed he was comfortably in the lead early on in election season he suffered a serious self inflicted setback when he wrote a character reference for confessed and convicted murderer Toni Fratto before she was sentenced to life in prison for in the words of District Judge Dan Papez “committing the most vicious murder” he had ever scene in all his years on the bench.

“It wasn’t a leniency letter like a lot of people are saying,” Boatman said in an  interview with the Advocate. “I just recounted how I knew her by her baby sitting my kids and through church camps. I believe I also wrote she wasn’t a throwaway kid and that I believed she was salvageable.”

“I don’t believe he (Boatman) ever used the word leniency,” said a source close to the case who read the letter. “On the other hand these types of letters are sent to the court before sentencing hopefully to influence sentencing. You don’t have to be a genius to know that only the supportive letters are going to forwarded to the judge.”

Boatman added that he no longer had a copy of his letter and District Judge Dan Papez said he would not release any letter until after sentencing if at all.

According to the Nevada Code of Judicial Conduct judges are expressly forbidden to be character witnesses in another judges court.

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“Yes I know that I would be breaking a judicial ethic if I was a judge,” Boatman continued. “But I am not the judge yet.”

“I think that is cutting awfully fine,” said Melville. “If you are going to run for judge you better act like a judge from the day you file. Claud asked me to write a letter and I turned him down.”

Melville was not the only person to reject the request by the Fratto’s.

Mayoral Candidate Emily Carter said she also declined when asked but said she understood and as a parent sympathized with the Fratto’s and their situation.

“I can think of no good reason for Mr. Boatman to involve himself in the Fratto case,” Melville said. “Above everything else a judge or even a candidate for judge should try to act as impartial as possible and not take sides or appear to be taking sides on any issue especially one involving higher court. Take this along with his signs I think it calls into question his personal judgment.”