Nevada Gov. Jim Gibbons must appear at court hearing

RENO " Nevada Gov. Jim Gibbons was ordered Wednesday to appear in federal court for a settlement conference with a former staffer who claims she was fired because the governor thought she leaked details about his private text-messaging on a state phone.

U.S. Magistrate Judge Valerie Cook also ordered Gibbons' budget chief, Andrew Clinger, to appear at the conference, which could be held as early as Feb. 9.

Mary Keating lost her job as state administrative services officer in mid-May. She is suing Gibbons and Clinger for unspecified damages and reinstatement to the post where she oversaw, among other things, the governor's office expenditures.

Keating wound up with another state job, with similar pay. She's being represented in the lawsuit by Cal Dunlap, a former Washoe County district attorney who also is representing Dawn Gibbons in a pending divorce from the governor.

The lawsuit alleges one of Keating's employees told her in May 2007 that Gibbons used his state cell phone to send more than 860 personal text messages over several weeks to a woman. Keating in turn told her boss, Clinger.

When word of the text-messaging got out last June, Gibbons apologized and said he had reimbursed the state $130. He also denied the messages were "love notes."

Stephen Quinn, a senior deputy attorney general representing Gibbons and Clinger, told the judge on Wednesday the two were busy preparing for the upcoming legislative session. He said their counsel would have full authority to negotiate any possible settlement so their presence in court was not necessary.

But Dunlap said it was important they be present to fully understand their potential liability in the case.

"As we know, (Gibbons) has a great deal of skill texting messages, which he can do from here to deal with other government issues," Dunlap said in the courtroom Wednesday.