Nevada Court Would Let Claiborne Practice Law

Former federal Judge Harry Claiborne has suffered enough at the hands of the federal government and should be allowed to practice law, the Nevada Supreme Court said Wednesday.

‘Questionable . . . Motivations’

Claiborne, 70, was a victim of “questionable investigative and prosecutorial motivations” by the federal government, which convicted him of two counts of filing false tax returns, the court said.

The 163-page decision, longest in the court’s history, backs up a shorter ruling of Nov. 25, 1987, when the court decided not to discipline Claiborne. It said then it would give its full reasons later.

The high court’s decision did not affect Claiborne’s Aug. 10, 1984, federal convictions. Claiborne also has a motion pending before the U.S. District Court to allow him to practice law before federal courts.

The state opinion, written by Justice Thomas Steffen, said the court “unhesitatingly would have imposed severe sanctions” on Claiborne if he had “been fairly prosecuted and convicted.”

Steffen said the review of the court shows that Claiborne has suffered more than any other lawyer ever convicted of tax charges. Claiborne was fined $10,000, paid $14,000 in court costs and spent 17 months in prison. He was impeached and removed from office and lost his federal pension.

‘No Threat’

The court also said Claiborne’s continued practice of law will “pose no threat to the interests of the public in a competent bar.” It said there was no evidence that Claiborne “was ever derelict in his obligations as an attorney or as a federal judge.”