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Commission temporarily tables Nicole Messiah preliminary hearing after disputed service and subpoena questions
Summary
A preliminary hearing for Nicole Messiah over alleged late campaign and personal financial filings was tabled after the respondent said she never received a subpoena; staff and commissioners discussed options for enforcing subpoenas and whether additional evidence might produce further allegations.
The State Ethics Commission temporarily tabled the preliminary hearing for Nicole Messiah after the respondent told the panel she had not received a subpoena and staff indicated they had not received some subpoena returns.
Staff told the commission that amended complaints allege Messiah failed to file a required 6‑day runoff campaign disclosure report, the 12/31/2024 campaign contribution disclosure report, and a personal financial disclosure covering calendar year 2023. Staff said subpoenas were issued to obtain bank and campaign records but that responses were not received to a later subpoena sent with the second amended complaint.
"I never got a subpoena, your honor," Messiah said when asked why a subpoena had not been answered; she told the commission she had received email notices about the hearing and later found a packet delivered to her home. She offered to provide bank statements to staff and said she had nothing to hide.
Commissioners questioned service and certificate‑of‑service documentation; staff pointed to certified mail and courier confirmations in the packet but acknowledged they would review delivery proof if Messiah maintains she never received the subpoena. Commissioners discussed enforcement tracks for ignored subpoenas, including taking matters to superior court or proceeding to an administrative hearing and seeking contempt or collection of records through the administrative law judge if necessary.
The chair moved to table the matter for the remainder of the meeting to give staff and counsel time to confer with the respondent; commissioners approved the temporary tabling and later voted to continue the case to the September meeting to allow the parties to resolve service and filing issues.
Staff told the commission that if subpoena returns later produce evidence of additional violations, those could be pursued separately and would not be barred by jeopardy from being brought later.
