Impeachment Lurks Close-by For Controller Augustine

She Would Be The First In History To Face Legislative Impeachment

by Johnny Gunn

Governor Kenny Guinn says unless Silver State Controller Kathy Augustine resigns her position, he will call a legislative special session to begin in early November and initiate the impeachment process. If that happens it will be the first time in Nevada's 140-year history.

Augustine was found guilty of ethical violations of her office by the state Ethics Commission and has been fined $15,000. She was accused of forcing her state paid office workers to work on her reelection effort during the 2002 election. Prior to the ethics hearing, Attorney General Brian Sandoval had prepared criminal charges to be filed, but says, it is best if the situation is handled through the impeachment process.

"Simply put," Sandoval said, "this is the most appropriate forum for justice in this matter." He said his office is preparing now for the impeachment. "Ms Augustine will have the opportunity for due process," he said. "It is there that she will have the opportunity to present her case."

In letters to various sources around the state, Augustine is adamant about not resigning her position. She insists that what she did is not an impeachable violation of state law. However, she has pleaded guilty to the charges before the ethics commission. Those proceedings were not open to the public, but it is believed the impeachment hearings will be.

There has been discussion over whether or not this really is the first impeachment to take place of a state elected official. To clarify the situation, we talked with Nevada State Archivist Guy Rocha about the issue.

"In 1921," Rocha says, "a Nevada district judge was removed from office, but the removal from a judicial position is different than impeachment." Rocha says the closest Nevada has ever come to actually having an impeachment process take place was a situation in what was then Ormsby County, now Carson City County.

"In 1956, Surveyor General Louis Ferrari was called before the Ormsby County Grand Jury," and following their investigation of land deals and other fraudulent activities, "it was recommended that Ferrari be impeached." Rocha calls this a "near miss." A legislative counsel committee voted 4-3 not to impeach, and instead, "the legislature voted to eliminate the office." Rocha goes on to explain that the Supreme Court then held that since the office didn't exist, Ferrari was told to leave."

Rocha says that if Governor Guinn does call either for a special session, or if the legislature takes up the matter after the new session is seated, it will be the first time an impeachment process has been brought against an elected state official.

Lawmakers are putting together the process now, and some fear the hearings may take a very long time. The impeachment hearings will be held by the Assembly, and if Augustine is impeached, then she will stand trial in the Senate. Basically the same process that takes place at the federal level as we saw during the impeachment of President Bill Clinton. The House impeached the President, but the Senate did not find him guilty.

In Nevada there is no precedent, and according to Scott Wasserman in the legal department of the Legislative Counsel Bureau, leaders in the legislature are looking at how other states have handled the procedure.

One question that has come up is who will actually be sitting in the legislative seats. Governor Kenny Guinn has said he is going to wait until after the November 2 General Election before calling for the special session. Generally, the legislators elected in November are sworn in in January, just before a regular session. According to Wasserman, the legislators are actually in office the day after the election.

"Whoever is elected will be in office when the Governor calls for the special session," Wasserman told The Observer. He went on to say the swearing in would have to take place before the session got underway.

During the Ethics Commission hearing, Augustine entered a plea of guilty to the charges. Nevada's constitution calls for automatic impeachment proceedings following such a guilty plea. No constitutional officer has ever been brought up on impeachment charges in Nevada.

Governor Guinn says he would rather call a special session than wait for the next regular session of the legislature, which will be in early February. There has been concern voiced that the impeachment hearings and possible trial before the senate might extend right into the regular session. Lawmakers might also have to contend with holding hearings during the holiday period.

Senate leader Bill Raggio has reminded his upper house colleagues that they could very well sit in judgement if the Assembly impeaches the Controller. "I've made it clear," he says, "that no one should comment on the situation."

Costs for a special session have been estimated at about $12,000 per day.