Judge Bans Redress, Inc.

The newspaper's attorney, Mark Hinueber, said he argued the news media should be allowed to attend because the Mosley custody case has become a high-profile matter. Hinueber also argued that federal courts consistently have ruled that the press and public have a right to access civil proceedings.

Hinueber said Estes respectfully denied the request to open the proceedings.

"He said he had to be guided by both state statute and what is in the best interest of the child," Hinueber said.

According to 8th Judicial District Court rules, in Family Court cases a child custody dispute can be ordered private at the request of either party involved in the proceedings.

In this particular case, Mosely and the mother of his son, Terry Mosley, have feuded for years over custody of the boy. The judge was awarded primary custody in June 1998, a prior ruling that Terry Mosley has fought vigorously.

The dispute has created problems for the judge.

Terry Mosley filed a complaint with the Nevada Judicial Discipline Commission over the judge's decision to keep the custody case's court file in his chambers. Donald Mosley resolved the complaint by writing a private letter of apology early this year.

In a March ruling by the commission related to other complaints, the panel determined Donald Mosley committed several ethics violations during a two-year period. The commission fined Moseley $5,000 and issued a censure. The findings included the determination that Mosley failed to recuse himself from a case involving a man who testified on his behalf during the child custody dispute.

Mosley, who is up for re-election this year, has adamantly disputed any contention that he committed ethical violations. He has said he is confident appeals with the Nevada Supreme Court eventually will clear him.

"The genesis of this is in a child custody battle," Donald Mosley said during an August interview. "Most will understand what that is all about."

Terry Mosely, who represented herself at Monday's proceedings, said outside of court that the hearing allowed her to question the judge on the witness stand about their custody arrangement and events leading up to it.

She said she now has visitation with the pre-teen for 48 hours every two weeks.

Hinueber said part of Estes' ruling to close the courtroom was based on Terry Mosley's request in court early Monday to excuse witnesses and spectators from the room.

Terry Mosley disputed that, saying she simply wanted witnesses who were going to testify in the matter to leave. She said she later made it clear in court that she had no opposition to an open hearing.

Hinueber said that issue might have become moot, however; because while the Review-Journal was arguing against the closure of the hearing, an attorney for Donald Mosley indicated that the judge wanted the hearing closed to the public.

WORKING TOGETHER TO ATTAIN FAIRNESS