Judge agrees to keep Nevada governor's divorce file sealed
By BRENDAN RILEY,
AP
Posted: 2008-05-05 15:51:21
CARSON CITY, Nev. (AP) - Gov. Jim Gibbons won a court ruling
Monday sealing files in his divorce case and ordering a closed-door
trial.
While the Nevada Supreme Court ruled in December that most civil
case records must be open, Carson City District Judge Bill Maddox
cited a state law that allows for the automatic sealing of divorce
cases at the request of either spouse.
The 63-year-old governor had asked that the records be sealed
Friday, when he filed for divorce from Dawn Gibbons, his wife of
nearly 22 years, and requested an order ousting her from the
governor's mansion.
Some matters, including the divorce complaint and the eventual
judgment, will be public. But evidence will be sealed, and during
the trial nobody other than the Gibbonses, family members, lawyers
and witnesses can be present, the judge wrote.
Cal Dunlap, Dawn Gibbons' attorney, said his 54-year-old client
would prefer that the divorce files and trial be open, "like any
other legal proceeding."
"Obviously, anybody who is involved in these things would
rather not have them be public," Dunlap said. "But what she's
recognizing is that there's a legitimate public interest in the
conduct and activities of the governor and the first lady."
The governor's complaint says Dawn Gibbons should pay his
attorney fees. Dunlap has said he will "vehemently" oppose that
request.
The governor's divorce complaint listed incompatibility as
grounds for the split, which is the latest development in a series
of difficulties for Gibbons - including a corruption investigation
by the FBI, still pending, and claims by a Las Vegas cocktail
waitress that he assaulted her in a parking garage after she
rebuffed his advances just before his 2006 election. Police said
they found insufficient evidence to support the woman's claim.
The Republican governor, a former airline and military pilot,
served five terms in Congress before winning the governor's seat in
2006. While Gibbons was in Congress, Dawn Gibbons continued to live
in Reno. She also entered politics and served three terms in the
state Assembly. Two years ago, she sought the congressional seat
her husband was giving up, but she lost in the primary.
The couple have a college-age son, and the governor also has two
grown children from a previous marriage.
Monday's court order blocks either side from disposing of any
community or separate property, or cash in or change beneficiaries
on any insurance policy or retirement or pension benefits.
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05/05/08 15:48 EDT