Friday, October 21, 2016

Happy Friday

  • The Department of Labor sued a Las Vegas telemarketer for shorting worker pay. [RJ]
  • Animal cruelty charges for women running 'sanctuary' in Cold Creek, northwest of Las Vegas. [RJ]
  • First Amendment warrior Marc Randazza is hard at working protecting free speech in Nevada. Here's a look at the pleadings in a recent case where the Las Vegas Clark County Library District issued a notice of trespass to man trying to get a petition signed and to get people to register to vote before the deadline. The TRO lifting the notice to trespass was granted. 
  • A reader has a question regarding the unauthorized practice of law: "I read a lot of complaints about UPL and the problems it poses, but  I also see a lot of ads online for paralegals and legal assistants, and almost without exception, the ad lists requirements that seem to require either the ability to perform the jobs of attorneys, or damn close.  A national firm is looking for a paralegal who can: draft pleadings, including answers, complaints, discovery demands and motions.  Another firm looking for a paralegal who can handle everything from A to Z other than making court appearances and drafting complex motions.  Most request that the applicant be able to handle everything from case intake to drafting initial pleadings, motions, discovery and everything in between.

    So where is the line in the sand drawn?  Is it when the paralegal strikes out and does all of those things unsupervised, or when the law firm takes the paralegal's work product and bills it at the managing attorney's rate?"

Thursday, October 20, 2016

Election Primer 2016- Ballot Questions

Voters in Clark County will see five ballot questions this fall. Question 1 (about gun laws) and Question 2 (about recreational marijuana) are getting most of the question, but here is your chance to weigh in on how you think people should vote: (the following summaries come from Ballotpedia)

A yes vote supports this requiring firearm transfers to go through a licensed gun dealer. Certain transfers, including temporary transfers and those between immediate family members, would be exempted.

A no vote opposes this proposal requiring firearm transfers to go through a licensed gun dealer.
A "yes" vote supports legalizing the recreational use of one ounce or less of marijuana by individuals 21 years of age and over.

A "no" vote opposes this measure to legalize one ounce or less of marijuana for recreational use for individuals 21 years of age and over.
A "yes" vote supports inserting language into the Nevada Constitution requiring "an open, competitive retail electric energy market," the reduction of energy market regulations, and the elimination of energy monopolies.

A "no" vote opposes this proposal to insert requirements for an "open and competitive" energy market into the state's constitution.
A "yes" vote supports this amendment to require the Nevada Legislature to exempt from sales and use tax durable medical equipment, oxygen delivery equipment, and mobility enhancing equipment prescribed for human use by a licensed health care provider.

A "no" vote opposes this amendment to require the legislature to exempt certain types of medical equipment from the sales and use tax.
A yes vote is a vote in favor of the county continuing to index fuel taxes based on inflation through December 31, 2026, with proceeds used for public safety and roads.

A no vote is a vote against the county continuing to index fuel taxes based on inflation through December 31, 2026, with proceeds used for public safety and roads.

Wednesday, October 19, 2016

Judicial Election Primer 2016- Justice Court

As reported in the comments yesterday, the three finalists for appointment to the Nevada Supreme Court are:
•             Elissa F. Cadish, 52, Las Vegas, Judge
•             Mark Ralph Denton, 65, Las Vegas, Judge
•             Lidia S. Stiglich, 46, Reno, Judge

Some of you already started discussing candidates for bench in justice court, but here's the dedicated post on the topic.

Las Vegas
Department 3:  Harmony Letizia v. incumbent Janiece Marshall
Department 6:  Rebecca Kern v. appointee Bita Yeager.
Department 7:  incumbent Karen Bennett v. Vinny Ginn
Department 13:  Shana Bachman v. incumbent Suzan Baucum

Department 1:  Sam Bateman v. Michael Davidson v. Harvey Gruber v. Gayle Nathan v. Jeffrey Posin v. Shane Zeller (there was no primary for this department as this is a vacancy that is the result of Judge Burr stepping down to go to municipal court due to the untimely passing of Diana Hampton).

Any insights (besides physical appearance) as to why any one of these candidates is better than the others? Any predictions?

Tuesday, October 18, 2016

Judicial Election Primer 2016- District Court Departments 15 and 20

Early voting starts this Saturday, October 22--meaning it's time to discuss who you think should be elected to the bench.  If you want to see the results of our informal survey, click here.

In the two district court bench seats on the ballot this fall, we have Governor Sandoval's appointed judges seeking retention against a challenger.

Department 15:  Here we have the governor's appointee Joe Hardy, Jr. facing off against Bruce Gale. In our survey, Judge Hardy is the leader, but do you think he should be retained?

Department 20:  In this department, the governor's appointee was Eric Johnson and he is facing off against Anat "Annette" Levy.  Since we know several people have raised the issue of whether Ms. Levy even has an office in Nevada, we reached out to her on 2 separate occasions, but received no response. Who do you think should be elected in this department?

Ed.  Here's the link to the RJ editorial on judicial elections.

Monday, October 17, 2016

You Can't Always Get What You Want

  • A murder charge was thrown out due to a Metro detective's interrogation. [RJ]
  • Governor Sandoval will sign the stadium bill into law today at UNLV. [Fox5VegasRJ]
  • Here's a heads up: there will be lots of road closures and traffic issues on Wednesday due to the debate and the Rolling Stones. [RJ]
  • The battle rages on about developing Badlands golf course into more than 2,500 housing units. [RJ]
  • Meanwhile, if your curious about what has been happening with Silverstone Golf Course, read this legal update via Facebook.
Click here to take our 2016 election survey.  

Friday, October 14, 2016

Stadium Surprises

  • Years later, there is still a legal battle going on between the two moms. [RJ]
  • Late night breaking news complicated the Assembly's consideration of the stadium bill. And now a wildfire will delay things further. [KNPRLas Vegas Sun; RJ]
  • The attack on a UNLV law professor was random. [RJ]
  • Heads up!  The debate next week is already starting to have impacts on traffic and police presence in the area. [Fox5Vegas]

Thursday, October 13, 2016

Like An Octopus

  • Assuming it goes forward, here are the topics for next week's presidential debate at UNLV. [RJ]
  • Not Vegas centric, but the NY Times article about women claiming Donald Trump touched them inappropriately has resulted in legal threats (via Mediaite) from his lawyer. Any experts on Sullivan in the house? 
  • Will the Assembly push the stadium bill through? [Las Vegas Sun; RJ]
  • Here's your reminder about Craig P. Kenny's annual party tomorrow:

Wednesday, October 12, 2016

Low Expectations

  • Bar results are out, but don't seem to be on the bar site at this time.  Someone in the comments says the passage rate this time was only 51%.
  • UNLV Boyd School of Law professor Leslie Griffin is hospitalized after she was attacked in a park last week. We wish her a speedy recovery. [news3lv; KTNV; RJ]
  •  Elizabeth Brown is the new Supreme Court Clerk of Court. [RJ]
  • The State Senate approved the bill for a new stadium--now, it's on to the Assembly. [Las Vegas Sun]

Tuesday, October 11, 2016


  • Prosecutor in Bunkerville standoff admits obtaining recordings of attorney-client conversations. [RJ]
  • Not Vegas specific (yet), but some New York firms are demoting partners. Anyone know of firms here doing this? [WSJ]
  • No deal yet on the stadium or more cops tax increases. [RJ]

Monday, October 10, 2016

Commence The Special Session

  • The Special Legislative Session for funding a possible Raiders stadium starts today. It will have to recess for Yom Kippur tomorrow evening if it isn't finished by then. What's the over/under on how long the session lasts. [Las Vegas Sun; RJ]
  • There were lots of developments in the presidential election over the weekend with the release of a tape with Donald Trump making lewd comments and the second presidential debate taking place. Is this going to have any impact on the judicial races on the November ballot? There are also rumors/suggestions that the debate in Las Vegas may not happen. What is your prediction? [RJ; KNPR; ]