One of Attorney General Aaron Ford’s first charges after taking office could be prosecuting domestic battery allegations against a fellow elected official — Las Vegas District Court Judge Stefany Miley.
Clark County District Attorney Steve Wolfson confirms he’s handing off the case to the AG’s office to avoid the appearance of a conflict of interest.
Miley was arrested December 22 for allegedly hitting her 18-year-old son while he was driving a vehicle in which Miley, the young man’s twin brother and Miley’s eight-year-old son were passengers, according to attorney Bruce L. Gale. Gale reached out to police after Ed Miley, the judge’s estranged husband, sent Gale a text message Miley said he received from his son, recounting the alleged incident and asking his father for help.
“… due to a conflict of interest (our attorneys regularly appear on her calendars) we are referring this matter to the Attorney General’s Office,” Wolfson said in an email to the Current.
But attorney David Chesnoff, who represents Judge Miley, says he expects the AG to turn the case over to the Clark County Commission, which would in turn appoint a special prosecutor, in accordance with Nevada law that provides a mechanism for prosecutors to avoid conflicts of interest in cases that come before them.
“I don’t know but I’m assuming he’ll hand it off, too,” Chesnoff told the Current. “Whoever gets it, I hope they will not file charges.”
Ford’s media spokeswoman did not respond to a request for comment.
Despite his recusal in this case, Wolfson has previously attempted to prosecute a judge — Las Vegas Justice of the Peace Melanie Tobiasson.
Wolfson charged Tobiasson in 2017 with failing to report a dog bite to Animal Control and failing to quarantine a dog when Tobiasson’s dog allegedly bit a veterinarian preparing to euthanize the animal.
“The difference is that the Tobiasson matter dealt with minor offenses that routinely result in a dismissal and in consultation with Tobiasson’s attorney there was an agreement for dismissal,” Wolfson told the Current. “The Miley matter involves a much more serious situation.”