Wednesday, June 15, 2016

Primary Fallout


  • The primary is over and you can see Clark County's unofficial final results here.
  • The first big news out of the results is that Las Vegas Justice Court Department 14 is going to have a lame duck judge for the next 6 months. That's right--Amy "JoAnne" Chelini got the majority of the vote and soundly defeated Judge Conrad Hafen. Under the new rules, if the winner in a primary election for a justice court judge (this doesn't apply to the Supreme Court, Court of Appeals, or District Court judges) gets the majority of vote, they win and do not have to face another challenge at the general election. Judges Bonaventure and Saragosa also benefitted from this rule as they easily secured the majority. Harmony Letizia and Judge Janiece Marshall will face off in the general election for Department 3 and Judge Bita Yeager will face Rebecca Kern in Department 6. [RJ]
  • For District Court Department 20, the general election will see Judge Eric Johnson square off against Anat "Annette" Levy.
  • The AG's office wants oral arguments on school choice to be postponed. [RJ]
  • Unofficially, Las Vegas is getting an NHL hockey team. [Las Vegas Sun]

92 comments:

  1. what happened in Hardy v. Gale? I did not see the results in the RJ

    ReplyDelete
  2. 8:00 AM-Uninformed voter. This was a primary for three or more candidates. One opponent you go to the general. Two or more you have a primary in non-partisan races. In partisan races, one opponent in the party creates a primary. Got it. Hardy v. Gale will square off in the general.

    ReplyDelete
  3. Very interesting results. Rogan spent a fortune and got knocked out. He had Dave Thomas the political consultant. It seems like it is tough for male to get elected in Justice Court. Levy who has no office and has not litigated cases in District Court comes out second in a crowded race against Johnson. Holper and Ramsey were the spoilers here. Hafen gets creamed which shows negative publicity against a sitting judge will kill you.

    ReplyDelete
    Replies
    1. Chelini sunk a SHITLOAD (yes that's an official unit of measurement for bran easters) into her race. Hafen did very little advertising and frankly could not have been helped by having his picture in the paper repeatedly.

      Delete
    2. Chelini sucks, but she is better than Hafen.

      Delete
    3. "Chelini sucks..." Says the ignorant ahole who knows nothing and has done nothing. Amy is an amazing person and will be an amazing judge. You will be honored to appear in front of her... If your boss allows you to make real appearances on real cases in your 11th year of practice and your mom drops you off at the courthouse in time to get your case called.

      Delete
    4. Nope, Chelini sucks. You are the asshole.

      Delete
    5. "Amy will be an amazing judge," thank you, JoAnne.

      Delete
    6. Chelini can be an asshole, which I love, but she doesn't suck. She'll give both sides a fair shake, which her predecessor did not. At the justice court level all you want is somebody to move cases and be fair, you don't want a million dollars bail on a PCS case and you don't want somebody to bind somebody up on fifty charges when there is a significant mere presence argument. It's a great job to have and its hard to fuck it up. That's why Hafen's loss is so shocking; I thought Amy would win in November, I didn't think she'd drop 60+% on the primary.

      Delete
    7. Chelini still sucks.

      Delete
    8. Obviously you have something personal against Chelini. She's always been pretty cool. Like you said, better than Hafen. Let's just wait to see before we call her an asshole. Ok.

      Delete
  4. I like how the AG has to ask for a continuance on oral arguments at the Supreme Court because outside counsel has a conflict. It might help if the freaking Solicitor General were a member of the Nevada bar and therefore had the ability to argue in a Nevada court. Under Rule 49.8 he can apparently only work under supervision and draft papers that then have to be signed by an attorney with an actual Nevada bar license.

    ReplyDelete
    Replies
    1. Didn't they earlier ask for an expedited hearing?

      Delete
    2. 200 lawyers and not one of them is competent to handle oral argument?

      Delete
  5. Glad Annette Levy is facing off against Eric Johnson. She has been practicing for 25 years. She is properly licensed in this state to practice, and she is a better candidate than Johnson.

    ReplyDelete
    Replies
    1. Johnson is unreasonably slow. I'd love to see him replaced. But Levy is a carpetbagger with almost no experience in the jurisdiction. Aside from her passing a bar exam 25 years ago and not dying until now, what are her qualifications?

      Delete
    2. I practice in entirely criminal defense and I can tell you that a lot of us were terrified of getting Mr. Johnson (prior AUSA, use to federal harsh sentences etc) BUT we were pleasantly surprised. He is pretty fair. Any deal that I've had where he has concerns, he lets the parties know it. In my opinion the most important thing for a criminal judge to do is to follow negotiations....and he seems to be doing that.

      Delete
    3. Other than the Johnson's own posts and defending Glen Lerner, there are no ardent supporters of Johnson. The guy got what, 44% of the vote. He and his jogging suit need to go.

      Delete
    4. @10:37-- when you say "pretty fair", you mean he doesn't pull the same crap that he pulled as an AUSA? Because fair (or ethical for that matter) and AUSA cannot be found in the same sentence.

      Delete
    5. Dear 4:08 (or anyone else),

      Can you provide a list of examples that you've witnessed where the USAO hasn't acted fair or ethically?

      I've read some of the opinions where judges come down on AUSAs. They usually involve Brady issues. It's genuinely difficult for me to know whether the Brady issue is a "haha we're just not going to turn over this highly pertinent evidence," which wouldn't be okay, versus "oh fuck, I didn't know that existed," which, as a human, I get, and I wouldn't characterize as unfair or unethical.

      And some information doesn't need to be turned over right away. For example, see page 3 of this re: Jencks material: (http://www.gibsondunn.com/publications/Documents/Baldrate-DOJNewGuidanceontheProdofExculpatoryandImpeachmentEvidence.pdf)

      I'm not a crim guy. I'm just genuinely curious.

      Delete
    6. I once had an AUSA drop an exculpatory fact that was NOT in discovery while my co counsel was doing closing. I've seen an AUSA threaten a witness with prosecution on an unrelated matter if they didn't testify in the present case AND fail to tell the defense counsel about that little gem. So yeah, some of them do some shady shit. But by and large the people in that office in non leadership positions are pretty solid human beings.

      Delete
    7. 9:37, 9:17 here. Both of those are obviously not okay. I'd like to think that it just slipped the prosecutor's mind. I always saw myself as a future AUSA. I doubt I could take the financial hit now that I have a family.

      Delete
    8. @9:17--How about dropping 100,000 pages of documents 3 days before trial? How about claiming that they delivered CD's with exculpatory material and when asked for the proof of service they hmmmmm'd and hwwwww'd and then said that they lost the receipt? How about negotiating pleas based upon claims of what 302's say without turning over the 302's, only to finally disclose them and the information was not in 302?

      Honestly I tend to agree with 9:37. Lower level people tend to be better because they still have some inkling of doing the right thing. But the Higher Ups/Lifers? Damm was/is dirty. Myrhe is filthy. And that is where this whole discussion started is that Eric Johnson was a lifer who became so engrained in the culture of corruption and believing that their office can get away with ANYTHING.

      Delete
  6. @ 9:09 a.m. There's fault with your argument. Levy has never practiced in the Eighth Judicial District Court, Clark County or the State of Nevada. Her office is a box at the UPS store. Her name doesn't come up in a case search anywhere. So how is she qualified to sit on the bench???

    ReplyDelete
    Replies
    1. 9:25, there is no fault in my argument!!! Johnson is horrible. No civil experience until he got to the bench. I guess we wipe out her 29 years of practice. She went to UCLA. Who cares about her having a virtual office. A lot of attorneys have that no a days. I believe she has office space in California. Save your desperate Eric Johnson efforts on someone else. She is a much better candidate.

      Delete
    2. I actually want to know her credentials to make a good decision. But..."i believe she has office space in California" and the fact that she went to UCLA (30 years ago) isn't overwhelming. I don't like Johnson for a lot of reasons, but sometimes you're better with the devil you know. Can a Levy supporter please articulate why she deserves support?

      Delete
    3. 10:19, they have constantly. I like the new approach you are trying to take, appearing unbiased. Go try those tricks on Fremont Street. Your game is tired.

      Delete
    4. Who the hell voted for Danny Tarkanian? That guy sucks worse than Eric Johnson.

      Delete
    5. 10:19 here. I'm being serious. I haven't followed this race too closely. I was a #Neverholper. I guess I'll have a look back at old threads to see what the supporters have said. Or maybe a supporter could list a few things here? I genuinely don't strongly support Johnson. He seems to force cases to trial when neither party has a strong desire to proceed. He also takes 3 times as long to take a guilty plea as anyone else. But, I'd take him over a few other DC judges.

      10:21...you like the new approach and my game is tired? How weird is it for a voter to seek information about a candidate they aren't familiar with?

      Delete
    6. Also it sounds like she is mainly an entertainment/IP lawyer. What about the bread and butter criminal, PI, and property dispute stuff? Nothing is worse than getting in front of someone who thinks he or she knows it all in one of those areas, but is in fact dangerously ignorant.

      Delete
    7. 10:34, many voters have listed numerous reasons for not voting for Johnson. Yawn!

      Delete
    8. 10:38, I can live with his flaws. A commenter above mentioned that he typically follows negotiations. That's huge. I've also had much easier dealings with his staff than other DC departments. That's huge too. I'd be happy to support his opponent if I learn enough about her that makes me feel she'd be better for the job.

      I've got a few months. I'm sure I'll figure it out. To the Levy supporters who decided to cynically respond to my request for information about her: you do politics wrong.

      Delete
    9. Just curious. Levy supposedly has "office space" in California? Where is her legal residency? Isn't being a Nevada resident a prerequisite to running for District Court?

      Delete
    10. 10:54 and 11:01, hello, Eric Johnson.

      Delete
    11. Has Levy ever been in the RJC? Eric might be lousy but I have not heard from anyone from California that says she is a good lawyer, smart, etc.. And shame on you chumps posting she has an office on West Charleston when its a P.O. Box.

      Delete
    12. Her mini office/PO Box/Mail Drop is on EAST Charleston.

      9:09, 10:05, 10:21, 10:38, 10:40 & 11:37....Hello Sansonoldemort (Voldemort). So (NOT) sorry you got crushed in the primary, except that now you will have more time to be the driving force behind your California girl Anat!

      BTW I would never compare her to Halverson...but I would share the similarities in their (lack of) experience in Nevada Courts before running for judge.

      And feel free to correct any and all misinformation related to Ms. California...sorry, I meant to say Ms. Levy.

      Delete
    13. I wish they all could be California . . .
      I wish they all could be California . . .
      I wish they all could be California girls . . .

      Thanks to Brian Wilson & Mike Love!

      Delete
    14. 12:13 and 12:16, your Johnson maneuvers are so entertaining! You just keep proving your singular, posted many times point why Levy is the correct choice.

      Delete
    15. I have virtual office space, should I not support Johnson now? You just insulted me and my business. WTH?

      Delete
    16. I have no problem with virtual office space. I do have questions when there is implied experience with practicing in NV backed up by nothing but a PO box and a foreign corporation registered to that PO box for less than 3 1/2 years. I also have a problem with anyone who hitches his/her wagon to sansonoldmort.

      Maybe Ms. Levy is a better candidate....in California. But paying her to sit on the bench in Nevada and say "That's not how we do it in California" 50 to 100 times a day is just not something I am interested in doing even if the VIP's are backing her.

      Delete
    17. Nah, nah, you moved my vote from Holper to Levy.

      Delete
    18. I have no vested interest in this race, but as a regular reader of this blog, I can safely say that I have yet to see a legitimate, reasoned argument either for Ms. Levy or against Judge Johnson. I have seen some half-hearted arguments for Johnson and at least one good argument against Levy (that she apparently has no real knowledge of the Eighth Judicial District), but nothing beside some name-calling the other way. I have an open mind about this, but I want to see some facts (and maybe even some grown-up discussion) on this. Is that too much to ask?

      Delete
    19. You can thank the Johnson side for the name calling. 2:48, keep trying, you are almost convincing.

      Delete
    20. I like this blog. I find a lot of truth in it, because it is annom.

      Delete
    21. 10:38 here (and a few other posts too). 2:48 hits it on the head. 2:55 has to be Donald Trump. The only other explanation is that it's a Johnson supporter who's pretending to be an obnoxious Levy supporter to turn people off.

      Delete
    22. Still no Johnson for me....

      Delete
    23. At least 56% of the electorate don't want Johnson. Shaking my head at how stupid attorneys are. I refer a lot of business, but attorneys will not call me back. Dumb is dumb.

      Delete
    24. I am a defense attorney who practices in both Federal Court and District Court. I have not given money to Eric Johnson and outside of seeing him at functions, I do not know him. I have tried a case in his department and my client was found guilty. I have done multiple sentencings in his department and he has ALWAYS followed negotiations or ruled in my favor when I had a good argument and gone with a lesser sentence. The way he imparts the value of jury service on the venire and the reverence he shows for the process is welcome and RARELY seen in District Court. He is fair, his rulings are well thought out and fair, even when I lost, and he is ALWAYS prepared. I have nothing but good things to say about him and I will be voting for him again in the general election.

      Delete
    25. 7:18 PM: Thanks (sansonoldmort?) for highlighting your strange perspective on these election results :)

      I love your logic....let's build on it. You state that "At least 56% of the electorate don't want Johnson."

      The real number is under 55%, but you are close enough.

      AND; 75% don't want Levy
      AND; 78% don't want Ramsey
      AND; 91% don't want Holper

      I am sorry that I have no snappy comeback at this time.

      Delete
    26. 11:03, Univ of Kansas must not be very good at math. Johnson sucks; you have very expectations for yourself.

      Delete
    27. low, low, low, blows, low Johnson expectations, low low low

      Delete
    28. You replace my name with Voldemort, so I cant respond, so I cant defend myself. WOW! Look up the definition of coward idiot! I am right here come get me!

      On Anat:

      My guess is that every attorney on this page is Nevada born and also that your courtroom experience in other states don't matter? The person that wrote the post about Anat Levy, didn't mention she was a Judge Pro Tem and Referee for over a decade. Didn't mention she has thousands of hours in the courtroom both civil and criminal. Oh and trial experience and also Failed to mention she is license in two states. California being one of the hardest bar exams in the nation.

      I have two words for you; Grow UP!

      Delete
  7. Nevada hired Paul freaking Clement? He charges $2,000 an hour! (See http://www.law360.com/in-depth/articles/804421). Couldn't we go with someone a little less expensive?

    ReplyDelete
    Replies
    1. It's for the children! How much is too much for the future of our children?

      Delete
    2. Maybe the message is that Nevada-educated people are so dumb that Nevada had no choice but to hire a Washington DC-based lawyer that charges more than double the highest-billing guy in town.

      Delete
    3. Who is the highest rate in town? I have heard Marshall Willick. I have heard Dennis Kennedy. Who is it?

      Delete
    4. A CD plaintiff's attorney following a jury verdict. At least, until the cases filed before AB 125 run out. At that point, probably Dennis.

      Delete
    5. I heard Dennis Kennedy is at 1000. I'm sure he faces the same problem with collecting that we all do. My billable rate is like 500, but it seems like the partners are always willing to cut that to get something in the door.

      Delete
    6. Polsenberg was $700 at least 5 years ago. He's probably up to $800 by now.

      Delete
    7. As a non-attorney employee, it looks to me like billing rates are completely vanity numbers. I don't think that anybody collects anything at their actual hourly rate.

      Delete
  8. From the voting numbers: 143,780 people have now determined who will govern Clark County, from the judiciary to our reps in Washington, D.C. Pretty darn pitiful, in a county where almost two million people live and at least a million constantly bitch and moan.

    ReplyDelete
    Replies
    1. Fuq yeah! Democracy is about funneling the money, baby! Mmmm, the sweat taste of filthy politico lucre.

      Delete
    2. With those low numbers, at least the number of signatures needed for a recall is reduced

      Delete
  9. I am supporting Levy. Some of your federal judges only had transactional experiences, and you kiss their asses.

    ReplyDelete
  10. I want some tuna fish, anything else left over from the Tarkanian victory party?

    ReplyDelete
  11. Before I will vote for Eric Johnson, I want to see his birth certificate.

    ReplyDelete
  12. Who is Rebecca Kern? Looks to be a civil attorney briefcase carrier. Does she even know where Justice Court is? Shocked that she beat Rogan who is a very competent attorney and nice guy. Bita should win but who knows with never overestimating the lack of intelligence of the Nevada voters. Thank God Sanson, Toomin and Mike Schaeffer got crushed.

    ReplyDelete
    Replies
    1. You do realize civil attorneys practice in Justice Court? I know Rebecca and she's a good, ethical attorney.

      Delete
    2. I've practiced with Rebecca on a handful of cases. I don't know her "personally," but she is a good attorney. I think she is well qualified to be a justice court judge. I will probably vote for Bita, but I wouldn't hesitate to vote for Rebecca if she were running in a different department.

      Delete
    3. Justice Court civil practice is probably about 10 percent at most. The other 90 percent is criminal. While not rocket science, a candidate should have some experience in a position they are running for. Handling your neighbor's traffic tickets don't count. The learning curve can be steep. Karen Bennett took some time. Sullivan and Marshall picked it up quickly. And thanks for informing me civil attorneys practice in Justice Court. FYI they usually stick out for the wrong reasons on criminal matters. I'm sure they kick butt on small claims and evictions. I never sais she was unethical and she might make an excellent judge. But I don't think she can win.

      Delete
    4. My understanding is that Department 6 will remain a civil department for the foreseeable future.

      Delete
    5. Hey now, don't knock JC credit card collection civil work. It's hard work copying and pasting complaints and showing up for defaults.

      Delete
    6. 1:43PM-Visit the Justice Court Clerk's Office. The lines and the waiting are for civil cases. Justice Court is busting at the seams with civil cases and filings. Civil filings far exceed the criminal filings. The criminal cases are given a priority over civil. It used to be the same in District Court till they created strictly civil departments and strictly criminal along with both civil and criminal combined. The JPs make criminal a priority. Now they have to make both a priority. Don't forget that Small Claims is a Justice Court division.

      Delete
    7. Justice Court will get even more crowded once the jurisdictional limit goes up to $15k. Hundreds of small auto cases will get filed there.

      Delete
    8. sign of the apocalypse

      Delete
    9. Justice Court civil reminds me of Judge Judy type cases. There are 14 Justice Courts and how many do much civil? 1. So A big line of runners filing civil maters in the afternoon equates to your claim Justice Court handle more civil? ok. See you at 7:30 a.m.

      Delete
    10. I worked with Rebecca Kern at the beginning of my career. She's a good attorney as well as a stand up person. I am torn about voting for her because of the dept., but if it were another dept., she would have it hands down.

      Delete
    11. Rebecca is okay. She is annoying, type A.

      Delete
    12. I had not heard of her before. so I looked at her campaign website. Pretty generic bio and that's it. Hard to understand how she could have beaten Rogan, who seemed like a good guy and had a pretty active campaign. I would have had a hard time choosing between him and Yeager in the general, but Yeager seems like the clear choice now.

      Delete
    13. It was the female and ballot position advantages. The legislature can't do anything about voters using gender as the basis of casting their vote, but they could follow other states and change the ballot order (e.g. randomly selecting the starting letter and then running alphabetically from that starting point, a would follow z if needed)

      Delete
    14. Word on the street is everyone thinks Rebecca Kern is related to Cedric Kerns. Close name recognition got her to the general.

      Delete
  13. Looks like Dave Thomas, and Eric Johnson are prowling the legal blog.

    ReplyDelete
  14. Is anybody having issues signing into Go Daddy?

    ReplyDelete
    Replies
    1. No, but clearly tons of people on this blog have "Daddy issues..."

      Delete
  15. I am an insurance adjuster, looking to assign some subrogation files to a law firm. Anyone accepting new referrals?

    ReplyDelete
    Replies
    1. My firm is interested.

      Delete
    2. Easy, easy......set the hook. And...............(fzzzzzzzzzzzz) REEEEEEEEEEEELLLLL!

      Delete
  16. Judge Bare, laying the benchslap on Hafen, releases the defendant whom Hafen lectured and jailed after taking his PD into custody. Also, putting the contempt in an order 4 days after the fact, instead of on the record at the time it happened, is BS, pure and simple.

    ReplyDelete
    Replies
    1. Anything to the timing of waiting to be sure he didn't make it through the primary to pontificate about Judge Hafen on the record? I thought judges protect their own when they can?

      Delete
  17. Any chance we can get some like buttons on this blog? Maybe thumbs up or thumbs down buttons?

    ReplyDelete
    Replies
    1. We tried using DISQUS for commenting a few years ago and nobody liked it.

      Delete