Concerned Citizens for a Safe Community, or CCSC, has filed a motion for a change of venue in U.S. District Court in their case against the Office of the Federal Detention Trustee over the siting of the proposed federal detention center in Pahrump.

"The entire Nevada bench has a direct, vested interest in the construction of this detention center," the motion, filed by CCSC attorney Nancy Lord, said.

The complaint said the purpose of the detention center is to serve the federal courthouse in Las Vegas, where the trial would be held. The motion alleges "the entire scheme was hatched in secrecy within its walls."

CCSC had filed a lawsuit against Corrections Corporation of America and Nye County in an attempt to halt the project, which was dismissed by U.S. District Judge Kent Dawson Oct. 1. Dawson had dismissed a request by CCSC for a temporary restraining order and later an injunction early this year.

But a suit against the Office of the Federal Detention Trustee, who issued a record of decision to allow the detention center in Pahrump in May 2008, is still ongoing.

"Plaintiffs, and with deep regrets, must respectfully request that the entire bench of the District of Nevada recuse themselves and the case be transferred," the motion said. Lord suggested holding the trial in the Central District of California in Los Angeles.

Lord charged the Office of the Federal Detention Trustee provided information to the federal bench that was prejudicial.

"Defendant OFDT and the U.S. Marshals have poisoned the bench with information as to the need for the detention center that is at issue and the progress of its plans," Lord said.

She cited an April 30, 2008, e-mail obtained under the Freedom of Information Act from Federal Detention Trustee Scott Stuermer to Gary Orton of the U.S. Marshal's Service that noted, "Since the federal judges from Nevada have been closely monitoring our progress, would they want to be formally briefed by our contractor on the schedule?"

The CCSC group claims there were violations of the National Environmental Protection Act and administrative procedures in approving the project. Lord claims the Office of the Federal Detention Trustee held "secret scoping meetings with paltry and vague public notice."

U.S. District Chief Judge Roger L. Hunt received a briefing after a "kickoff meeting" May 21, 2008, between the detention trustee, the U.S. Marshal's Service and CCA, Lord said.

Lord faults the federal detention trustee for sending copies of the final environmental impact statement to the Las Vegas federal bench but not some Pahrump churches, physicians, only one Pahrump attorney, one Pahrump Realtor, not "The Flagman" Ray "Mallow" Mielzynski nor former television talk show host Harley Kulkin.

Lord claims Nye County Commission Chairman Joni Eastley remarked "it's a done deal" during a Sept. 16, 2008, commission meeting in which a date was set for a public hearing on a development agreement with Corrections Corporation of America.

"Now, with construction well under way, and the related case dismissed because this one was filed, it was learned that there was regular communication between OFDT, the U.S. Marshals and the Nevada bench during the planning of this center," Lord's motion said.

CCA officials last week said the federal detention center is on schedule to be completed next August and accept its first inmate Oct. 1, 2010.

If a contract was rescinded between the federal detention trustee and CCA to build the center, the federal courthouse will be lacking a detention center until an alternate location is found, which could take several years, the CCSC petition said.

The group doesn't fault U.S. District Judge Philip Pro, who was assigned the case against the Office of the Federal Detention Trustee. Lord said Judge Pro "has timely and fairly ruled on both of the motions placed before him" regarding the case.

Lord cites as precedent a previous case involving a plot to destroy the Dirksen Courthouse in Chicago in which a circuit court granted motions to recuse judges from the entire federal judicial district.

When it comes to the Pahrump federal detention center, Lord said, "Judge Dawson noted in open court that it was needed because attorneys were traveling to Safford, Ariz., to see their clients."

Attorneys for the Office of the Federal Detention Trustee fly in from Washington, D.C., and could just as easily fly into Los Angeles International Airport for a hearing, Lord said.