Monday, June 6, 2016

Challenging The Authority


  • District Attorney Steve Wolfson is challenging the authority of municipal and justice courts to hold veteran specific courts. [RJ]
  • In just under a month, hundreds of "low-risk" sexual offenders will be added to the public database. [RJ]

19 comments:

  1. As much as I like the idea of knowing every person who ever was a sexual offender, the fact that it makes it retroactive to 1956 (wtf..really?) sucks. It sucks for those who maybe plea-bargained for certain deals knowing they wouldnt have to register as a sex offender, and now they completely lost that benefit of the bargain and could totally have affected how they wouldve pled in the first place. To me, its one big "gotcha" by the government. Do I feel sympathy for the offenders? not really...but legally speaking I think it sucks big time

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  2. Wolfson was doing OK in my book, but now with this Veterans' Court thing he's opened up a whole new can of worms. I am going to wait to see how it plays out before I cast judgment, but so far it doesn't look good for Wolfson. I always believed in 'if it aint broken, dont fix it' but sounds like Wolfson wants complete control over DUI cases and for them to stay within EJDC. I just dont see the big deal over causing such a raucous over misdemeanor DUIs...maybe repeat offenders sure..but this is the wrong type of case to cause drama over

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  3. @9:03 - I must have read a different linked story than you did. It sounds like the problem is that the legislature only authorized veterans' courts at EJDC and not any justice courts or muni courts. The story says, and this just may be his spin, that he wants clarification and possibly an amendment of that statute to authorize justice courts and muni courts to be allowed to have veterans courts.
    With the success of the Henderson veterans court, I would have a hard time seeing the Nevada legislature not amending the law to retroactively approve any work that was done under that court, and authorizing the same moving forward.

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    1. That could be the case and maybe i misread it myself. It is monday morning and my brain is still recovering from a hot weekend.

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    2. I have not liked Wolfson for a long time. Arrogant as all get out.

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    3. And that's SOOOO unusual for an attorney!

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  4. He may have a point. NRS 176A covers the diversion programs, and gives the "court" the authority to grant probation. "Court" is specifically defined to be a district court. Meanwhile, NRS 484C.420 ties the DA's hands.

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  5. This is just a BS power grab. NRS says that if a Veteran the JC or MC "may" transfer the case to a DC. Thus, they can on their own treat the case under their own Veterans Court.

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    1. NRS 176A.280 - "a court may establish" the Veterans Court. Except in 176A, "court" only means District Court. Justice Courts don't have legislative approval to create a Veterans court. Then there's NRS 176A.285  Transfer of jurisdiction from justice court or municipal court to district court for assignment of defendant to program. Sounds like they're giving authorization for JC to transfer over, specifically to permit the veteran to get into the program, which under .280, can be set up by the DC. But explain how this results in an increase in power by the DA?

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    2. Justice courts don't need legislative approval, they have this little thing called "original jurisdiction." If a JC has a special department that only deals with those kinds of cases, then it's purely an administrative matter.

      NRS 176A.285  Transfer of jurisdiction from justice court or municipal court to district court for assignment of defendant to program.

      1.  A justice court or a municipal court may, upon approval of the district court, transfer original jurisdiction to the district court of a case involving an eligible defendant.

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    3. It's not a special department in the same way that business court or CD courts are administratively special departments. It's a treatment program that the court can assign the defendant to. The establishment of a treatment program, which is way outside the norm of what the court is typically empowered to do, has to be specifically authorized. The point is that DCs were authorized to do that; JCs and MCs weren't. Although JCs certainly have original jurisdiction in handling misdemeanors, if they want to place the defendant in a treatment program, they transfer him over to the DC that has the program set up.

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  6. What does NRS 484C.420 have to do with anything? The court is the one handling the case in Veterans Court, not the DA. Wolfson, please explain.

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    1. Not-Wolfson here. The Veterans program option only applies to convictions of "any offense for which the suspension of sentence or the granting of probation is not prohibited by statute". 484C.420 prohibits giving DUIs probation or a suspended sentence, dropping the charge, or reducing the charge. Because the DA doesn't have discretion to not charge the defendant with a DUI, or give them a probationable offense, the Veterans program can't apply.

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  7. I wonder what the Boyd 2013 grads have to say about the Wolfson/Veterans Court thing?

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  8. Boyd 2014 grad here (for what it's worth)..ive already commented above (about not casting judgment until seeing how it all plays out)

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    1. It's just like a Boyd 2014 to interject when we're all waiting to hear from the Boyd 2013s.

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  9. Why is Wolfson picking a fight with Veterans? Why not just continue the fight with street artists on Fremont. Seems like a smarter move.

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    1. Why is he picking a fight with anyone? His DAs can't handle the fights they already have before them, do they really want to over extend themselves by getting what they've asked for--and absorb all the cases that would otherwise have been diverted? They can't properly work up what they have now, this will only make matters worse.

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  10. Nice job Wolf. Expect every veterans group to protest your re-election. Genius.

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