Thursday, April 30, 2015

The Hammer

This came up in the comments yesterday, but it is certainly worth giving it a little attention here. Yesterday, the U.S. Supreme Court ruled against the free speech of judges in Williams-Yulee v. Florida Bar. You can read the opinion by clicking on that link and can get some analysis from the SCOTUSblog here. In ruling, the Court relied on the interest of "public confidence in judicial integrity." This topic split the Court with Scalia, Thomas, Alito, and Kennedy on the dissenting side.

What do you think? Did the Court get it right in upholding the the ban on candidates personally soliciting campaign funds?

Anything else you want to talk about today?

Wednesday, April 29, 2015

50 Shades of May

It's that time of year again and you're invited....

Be sure to check out the website at

What else is going on out there?

Tuesday, April 28, 2015

Rocky III

  • NEWSFLASH!!! Prosecutors and defense attorneys disagree over proposed evidentiary rule that would allow hearsay in preliminary hearings! The rule change was proposed in AB 193 which has already passed in the Assembly. While the bill is supported by DA Steve Wolfson who touts it as a victims' rights bill, this is getting a lot of attention now thanks to a letter from over 220 criminal defense attorneys, a veritable who's who of Las Vegas defense attorneys, who signed a letter opposing passage of the bill. [RJ; 8NewsNow]
  • If you want to see a copy of the letter and who signed it, head over to Ralston Reports where you can find the letter along with commentary from Ralston about how dumb it is for attorneys to state that those who support this bill will not receive financial support from the signatories of the letter.
  • What do you think about AB 193? Good idea or bad idea? Do you think it was dumb for the defense attorneys to threaten to pull their financial support of those who support the bill?
  • Meanwhile, the swift and decisive Nevada Commission on Judicial Discipline is seeking a lifetime ban from the bench for former judge Steven Jones. [RJ]
  • The U.S. Supreme Court is hearing oral argument on same-sex marriage bans this morning. Check out the live blog and full coverage at 

Monday, April 27, 2015

Raging Bull

  • North Las Vegas Municipal Court hired attorney Anthony Hall to help fight City Hall. [RJ]
  • It looks like UNLV and former football coach Bobby Hauck will not be able to successfully part ways without lawyers. [RJ]
  • Here's video of Marc Randazza testifying at Friday's hearing on SB 444.
  • Attorney Joe Brown resigned from the Nevada Gaming Commission. [News3LV]
  • Here's a piece on attorney Jennifer Roberts and how she ended up doing gaming law at Duane Morris LLP. [RJ]
  • The NY Times has taken an interest in Nevada's prison guards shooting guns at inmates. [NY Times]
  • Could the Nevada Legislature use a lesson on civility from the State Bar? [RJ]
  • What will become of this developing story about the district court and the guardianship process? [RJ editorial]

Friday, April 24, 2015

Bird Shot

  • Do Moapa Tribal police have authority to cite drivers on the I-15? [8NewsNow]
  • Here's DA Steve Wolfson's thoughts on politics and prosecution with regard to the indictment of an Assembly candidate. [RJ]
  • Loretta Lynch was confirmed as the new U.S. Attorney General. [RJ]
  • A woman represented by attorney E. Brent Bryson sued Metro in U.S. District Court for excessive force. [Las Vegas Sun]
  • A mother is suing the Nevada Department of Corrections over her son being shot in prison. Article mentions that the Department considers bird shot to be non-lethal. [News3LV]
  • Anything exciting going on out there? Any more law firms collapsing? 

Thursday, April 23, 2015

Day After Earth Day

  • If you care about affecting the outcome of SB 444, the Assembly Judiciary committee has a hearing on it tomorrow morning at 8:00 a.m. It will be video-conferenced to room 4406 at the Grant Sawyer office building and open for public comment. Even if you only say "what he said" after Marc Randazza (whose blog points out that nobody likes this bill) offers his comments, this is a chance for you to make a difference.
  • Never underestimate the importance of lawyers. Ticket sales for the Mayweather-Pacquiao fight were being held up over contract negotiations. Now you'll get your shot at one of the limited number of tickets available to the public later today. [RJ]
  • Prosecutors indicted a disqualified assembly candidate on perjury charges. [RJ]
  • A jury awarded a Las Vegas show producer $440,000 in a breach of contract case. [RJ]
  • Attorney/Former Assemblywoman Lucy Flores is going to run for Congress. [RJ]
  • Here's an opinion on judges who fundraise for election and then turn around and ask to be appointed to a different court. BTW, that is not a picture of our Judge Susan Johnson. [Las Vegas Tribune]
  • Sorry that we forgot to warn you that yesterday was Administrative Professionals' Day. Did you do something special for the administrative professional in your life?

Tuesday, April 21, 2015

An Anti-SLAPP In The Face

In case you haven't heard yet, Nevada's strongest-in-the-nation anti-SLAPP (strategic lawsuits against public participation) law is in danger of being gutted. SB444 is the bill that intends to do the deed and it is supported by gaming interests (read: Steve Wynn). In fact, here is an RJ article on what Steve Wynn stands to gain from SB444 being enacted. Here is what First Amendment lawyer Marc Randazza has to say about why we don't want this law weakened.

We won't go into all the details here, but Nevada's current Anti-SLAPP law is a good thing. It is vital to protecting freedom of speech in Nevada and preventing frivolous lawsuits. It is one of the laws that helps make it possible for this blog to be in existence without being subject to pointless litigation. As lawyers this should be pretty clear to all of you. If it isn't, please take a moment to read up on it.

If you'd like to share your knowledge and/or opinion with your legislators:

2) Select SB444 (April 14 revision) from the drop down menu

3)  Put in your name and address (it stays private, but goes to your Assembly Member)

4)  Vote and put in a comment.

It's that simple folks. 

Monday, April 20, 2015


  • Lots of discussion about whether municipal courts should be able to threaten or actually arrest people to collect fines. [RJ]
  • SB 469 would give the Supreme Court of Nevada nearly $600,000 to cover a budget shortfall. [KNPR]
  • U.S. District Court Judge Andrew Gordon ruled the FBI violated the Fourth Amendment by turning off internet service and pretending to be repairmen to get access to a hotel room. [Las Vegas Sun]
  • Attorney and former military prosecutor Craig Drummond is now on the other side trying to get an Air Force Staff Sergeant a neutral and detached review of his current confinement. [RJ]
  • After having been suspended by the Nevada Supreme Court and wanting to get his life back on track, attorney Alex Ghibaudo talks about where he went wrong. [RJ]
  • Public Service Announcement:

Lawyers Concerned for Lawyers Program

Confidential help from a fellow lawyer is a phone call away
Toll Free: 866-828-0022
Mitch Cobeaga, LCL Coordinator
If you, or any lawyer in Nevada, are in need of confidential assistance with an alcohol, drug, depression, stress or gambling problem, help is readily available through the LCL Hotline.When calling, leave your first name and telephone number. A fellow lawyer, who has also had problems, will call you back. You'll be listened to with an understanding heart rather than scorn, judgment and condemnation. You can talk frankly. The person returning your call is solving problems just like yours, and is living happily and usefully doing so.

Friday, April 17, 2015

Paul Blart: Mall Cop 2

  • Allegiant Air and its pilots are anxiously awaiting an expeditious decision from Judge Andrew Gordon. [RJ]
  • Judge Elissa Cadish sentenced a convicted murder to 28 years to life. [RJ]
  • Are you serving discovery responses with boilerplate objections? Your efforts are futile and could even cost you. [Compelling Discovery]
  • Can anyone chime in on the fate of Prince and Keating in light of Eglet Prince?
  • Two movies that filmed at the Wynn open today--The Squeeze and Paul Blart: Mall Cop 2! [RJ]
  • Anything else exciting happening this weekend?

Thursday, April 16, 2015


  • Shootings are not rare at Nevada's High Desert State Prison. Cal Potter is handling seven lawsuits involving such shootings in the state prison system. [RJ]
  • Not much luck for Uber with the Nevada senate so far. [RJ]
  • The Nevada health insurance exchange got a dismissal without prejudice, but is still dealing with lawsuits. [RJ]
  • North Las Vegas Municipal Court voids its workers' collective bargaining agreement. [8NewsNow]
  • Lawmakers are looking at revamping PERS. One interesting part of the article is that the PERS budget for the Clark County District Attorney's office is $40 million. [Fox5Vegas]
  • Here are details about the upcoming courtroom shuffle as Judges Hardy and Johnson take the bench on May 4. [8th Judicial District Court blog]

Wednesday, April 15, 2015

Honest Abe

  • It was 150 years ago today that Abraham Lincoln died after being assassinated. Here are 10 things you might not know about Lincoln and Nevada. [RGJ]
  • Um, it's tax day. Did you get yours filed or file for an extension yet?
  • Here's a look at some of the bills that are still alive this legislative session. [RJ]
  • There is a public review hearing scheduled for Friday of a police shooting from a year ago. [Fox5Vegas]

Tuesday, April 14, 2015

Of Trees & Bacon

  • The Federal Courthouse was evacuated temporarily yesterday. Anyone have more details? [RJ]
  • Nevada has 80 inmates on death row who, for the time being, are simply serving life sentences. [RJ]
  • U.S. Magistrate Peggy Leen appointed a special master to investigate UMC's compliance with discovery requirements. It's the first she has had to do so in 14 years on the bench. [RJ]
  • U.S. Magistrate George Foley refused to seal some Metro body-cam video. [8NewsNow]
  • DA Wolfson decided a 17-year-old girl will not face charges related to her malnourished daughter and the death of a 3-year-old girl. [Las Vegas Sun]
  • When budget cuts lead to an increase in allowing volunteer work to meet the needs of a municipality, sometimes this happens to trees. [Fox5Vegas]
  • Alleged discrimination against Las Vegas members of the Church of Bacon. [RJ]

Monday, April 13, 2015


It's Monday morning, so let's start the week off talking about tv. While some of you were watching Jordan Spieth dominate at the Masters, others were binge watching Marvel's Daredevil on Netflix. For those of you who don't know, Daredevil features the story of a visually impaired lawyer by day who is also a masked vigilante by night. Sound like anyone you know? It's probably more likely that you know someone like Slippin' Jimmy McGill aka Saul Goodman in Better Call Saul, the prequel to Breaking Bad.  Did any of you catch the finale of that last week? What did you think? More importantly, are you glad that Game of Thrones is back or what? What have you been watching? Anything exciting going on out there?

Friday, April 10, 2015

Favor Me

  • Former Nevada Attorney General Catherine Cortez Masto announced she is running for the US Senate. [RJ]
  • Do you think the Board of Governors could use someone like you? You have until April 24, 2015, to get your application in. [NV Bar]
  • Speaking of the State Bar of Nevada, they're moving to their new office at 3100 W. Charleston Blvd. Here's an old Nevada Lawyer article about why they needed to spend $3.3 million on the new place.
  • Here's a follow up piece on the Henderson Police Department voiding tickets "as a favor." [RJ]
  • The DA's office found the ranger shooting at Red Rock justified. [Fox5Vegas]
  • Did anyone attend the Court of Appeals inauguration?

Thursday, April 9, 2015


  • Today the Supreme Court of Nevada is holding a special session to host an inaugural robing ceremony for the three judges on the Court of Appeals. 
  • Perhaps the more important ceremony being held today is for the groundbreaking of the Ikea store set to open next year! [Fox5Vegas]
  • Threatening to blow up judges can get you prison time. [Las Vegas Sun]

Wednesday, April 8, 2015


  • Congrats to Judge Cynthia Leung on retaining her spot on the Las Vegas Municipal Court bench. [RJ]
  • A 10-year old boy took the stand against his father in a murder trial yesterday. [8NewsNow]
  • Cal Potter is representing the family of the inmate who died in custody after being shot by a guard. [Las Vegas Sun]
  • The Legislature is considering a bill to give you more power to kick out squatters. [KNPR]
  • Anyone heard anything more about Gordon Silver? Gentile and Cristalli are no longer on the GS website. Anyone know where their new office with Ross Miller is located? 

Tuesday, April 7, 2015


  • Are we on our way to having campus carry in Nevada? [RJ]
  • Clark County will be paying a $2.075 million settlement to former foster children injured while in the County's system. [RJ]
  • Today is the Las Vegas Municipal Primary--make sure you go vote if you want to complain later. [8NewsNow]
  • Curious about why Allegiant pilots were planning to strike? [KNPR]
  • The Eighth Judicial District Court Clerk is trying to make it easier to exercise a peremptory challenge by accepting electronic payments starting May 1. [eighthjdcourt blog
  • Speaking of peremptory challenges, what do you think about the fact that it costs $450 just to exercise that right? Is that fair? Does it serve the purpose of preventing judge shopping? 

Monday, April 6, 2015

Badgers and Blue Devils

Friday, April 3, 2015

Happy Good Friday/Passover!

  • Congratulations to Joe Hardy, Jr. and Eric Johnson on their appointment as district court judges. [Press Release]
  • Dr. Dipak Desai pleaded guilty to federal fraud charges. [Las Vegas Sun]
  • Attorney Maggie McLetchie and the RJ were successful in their campaign to get the DA's office to release more documents relating to witness payments. [RJ]
  • In a new advance opinion issued yesterday, the Supreme Court clarified when it is okay to confer with your client during a deposition and still have it be privileged. [Coyote Springs Inv. v. Eighth Judicial Dist. Ct. #64623]

Thursday, April 2, 2015


  • No death penalty for defendants in the "Road Rage" case. [RJ]
  • The legislative session is halfway over.  Could the Legislature be doing away with our presidential caucus? [RJ]
  • US District Judge Gloria Navarro granted a temporary restraining order preventing Allegiant air line pilots from going on strike. [Vegas Inc.]
  • In a move that could appease Justice Hardesty and the judiciary's need for more money, the Nevada Highway Patrol will be cracking down on distracted driving and issuing more tickets for the next two weeks. [8NewsNow]

Wednesday, April 1, 2015

Beware Ye Fools

  • Here's an update on the story involving Ben Nadig and his client who assisted the FBI in an investigation against him. Nadig denies the allegations. [RJ]
  • The co-defendant and suspected getaway driver in the "Road Rage" case got appointed Martin Hart as counsel yesterday. [RJ]
  • A teaser trailer for the DA's new reality show was leaked on Youtube yesterday.
  • This is not directly Las Vegas centric, but NPR's Fresh Air had an interview with former Alabama Supreme Court Justice Sue Bell Cobb who was part of one of the most expensive judicial races of all time. She is now speaking out about judges having to fundraise. Good read or listen. [NPR]