Tuesday, July 31, 2012

You Got Served

So we had a little dispute break out yesterday in the comments about Judge Israel's injunction to stop constables from "border-jumping" to other jurisdictions to serve legal papers.  Apparently Laughlin and Henderson Contables have been hoofing it to Las Vegas proper to serve papers and Constable Bonaventura has been upset by this.

This is his "upset face"

After the Legislative Counsel Bureau issued a legislative opinion to the same effect, Judge Israel followed suit by issuing an injunction that amounted to "stay off my lawn."  According to Judge Israel, the entire issue turns on the extent of power granted to peace officers.  Unlike traditional police officers, who have police authority in any jurisdiction in the state, Judge Israel concluded that constables only have authority as peace officers in the jurisdiction in which they are elected.

So let it be written


Here's a link to the statute as well.

Ok, so what do you think?  Should constables stay in their own backyard or should they have authority to cross township borders?  Sound off in the comments...and try to play nice.

a_a

11 comments:

  1. Should the Nye County Commission have the authority to pass laws for Clark County?

    Elected officials are elected to represent a specific population. If the Shark Pimp doesn't think he can make enough money serving his jurisdiction, then he needs to run for a different elected office.

    I found it hilarious that he tried to bring out the concept of "Free Market" competition as it relates to elected officials. Should I be able to stay in Clark County but chose to follow ordinances passed by the Washoe County Commission?

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  2. I love it when the Pimp throws in a little legalese, "We expect to prevail blah blah blah." Pick your appellate attorney wisely Laughlin evictorman.

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  3. Are you an attorney Jordan, or do you just play one on TV? Just curious.

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  4. I think Constables should follow the law. Did Jordan find an ambiguity in the statutes? I think he did. Do not blame him for following a reasonable interpretation of a poorly written statute; blame our 55 volumes of poorly written statutes.

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  5. July 31, 2012 6:33 PM - A fair enough point, but we're not talking about different laws or ordinances here and there is also a prior AGO stating that Constable's are in fact county officers. I regret you are not an advocate of the free market.

    July 31, 2012 7:57 PM - We have full confidence in our legal counsel, thank you for your concern! By the way we don't do evictions in Las Vegas.

    July 31, 2012 8:04 PM - I just play one on TV. Don't delay, the stores will be out of my latest action figure soon.

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  6. August 1, 2012 9:48 AM - In all seriousness you bring a very cogent point. Nevada statutes are in serious need of reform to deal with numerous ambiguities and conflicts in virtually every topic in the law. In this particular case I feel that there is sufficient statutory ambiguity that the plaintiff should seek legislative, not judicial relief. This has already been echoed by the NV Supreme Court in the Hansen case.

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  7. Hells Angels trial declared a mistrial. Why? Because the DA yet again failed to comply with the discovery rules and the Judge's ruling and did not turn over evidence. There should be some investigation into the stuff they get away with. I hope this is a lesson to those DAs that think hiding things is worth it.

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  8. But wasn't the LV Constable doing the same thing...going to N Las Vegas, Henderson, Mesquite etc....

    I think he cost himself a bunch of money

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  9. 11:43:

    Probably not. The LV Constable can't competently handle Las Vegas, much less other areas.

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  10. Shark pimp,

    If you are so concerned about the free market, why aren't you challenging the completely monopolistic statute that only permits constables to perform those duties?

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  11. August 2, 2012 11:43 AM - You are correct, he was doing a significant amount of business outside his township, especially in Henderson Township.

    August 2, 2012 3:09 PM - A reasonable question. Most service can in fact be performed by private process servers. Even a free market proponent such as myself however, will concede that the execution of orders of the court need to be confined to law enforcement agencies. Much of that work can be very dangerous and the presence of a law enforcement officer can persuade people to think twice before considering a unfortunate confrontation.

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