Friday, August 5, 2016

Free For All


  • The Nevada Supreme Court ruled against a referendum to restore net metering rates for rooftop solar customers. [RJ]
  • The DA's office is offering free child support case help tomorrow. [RJ]
  • UNLV's Boyd School of Law will be hosting a free event on August 27 to help people seal their records. [RJ]
  • Here are two questions prompted by something overheard at the RJC: Is it a violation of the Nevada Rules of Professional Conduct for an attorney to use medical marijuana? Do you have an obligation to report an attorney that you know is using medical marijuana?

14 comments:

  1. Pretty sure there are many attorneys doing worse than using medical marijuana that (1) are known amongst other attorneys; and/or (2) are still not being reported to the Bar. So if those types are getting by unchecked, I do not think attorneys who are legally using medical marijuana (who are on the lowest on the totem poll in being a violator) should be reported.

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    1. If they are reported, the State Bar is statutorily prohibited from disciplining them for using medical marijuana.
      NRS 453A.510:
      A professional licensing board shall not take any disciplinary action against a person licensed by the board on the basis that:
      1.  The person engages in or has engaged in the medical use of marijuana in accordance with the provisions of this chapter;

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  2. And won't those medical marijuana concerns be moot after recreational use is legalized this November? And I agree, seems to be a case of looking for trouble where little or none exists.

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    1. Still a violation of federal law.

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  3. You have to turn to the rules:

    Rule 8.3.  Reporting Professional Misconduct.
    (a) A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority.
    (b) A lawyer who knows that a judge has committed a violation of applicable rules of judicial conduct that raises a substantial question as to the judge’s fitness for office shall inform the appropriate authority.
    (c) This Rule does not require disclosure of information otherwise protected by Rule 1.6 or information gained by a lawyer or judge while participating in an approved lawyers assistance program, including but not limited to the Lawyers Concerned for Lawyers program established by Supreme Court Rule 106.5.
    [Added; effective May 1, 2006.]


    Rule 8.4.  Misconduct.  It is professional misconduct for a lawyer to:
    (a) Violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;
    (b) Commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects;
    (c) Engage in conduct involving dishonesty, fraud, deceit or misrepresentation;
    (d) Engage in conduct that is prejudicial to the administration of justice;
    (e) State or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law; or
    (f) Knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law.
    [Added; effective May 1, 2006.]


    You only have to report if you "know"--that is, you have to have actual knowledge. If you don't "know," you have no obligation. The next question is whether medical marijuana is professional misconduct. If it is legally prescribed to you, it's not a violation of state law--though it could be a violation of federal law. And does it really something that "reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects?"

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    1. It only says shall report as opposed to must.

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    2. Is there a difference? Shall means the same as must in my mind. It's not discretionary.

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  4. Please go read Judge Tao's concurring opinion in International Union of Painters v. Great Wash Park (Case No. 67453)(unpublished) available on the NVSC website. Just utterly fantastic.

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    1. It may not be a published opinion, but the language of that concurrence is going to make it into plenty of briefs opposing asshat union tactics.

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    2. Which part, the lightsaber or Dr. Evil "laser beam" rumination or the theory of time travel part and the possible impact on stare decisis?

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    3. Judge Tao is too smart for Nevada. I will miss him when he goes to 9th Circuit.

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    4. Judge Tao is the second worst thing on the Court of Appeals. 29 page opinions when 5 pages would work since its an unpublished opinion. You know the type-- in law school they would pompously give you 30 minutes of comments after your moot court argument, down to discussing your preposition choices. Lets not kid ourselves that he was the choice because he was the sharpest legal mind on the District Court bench.

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    5. Wow. He really let his law clerk run wild on that one. I suspect the law clerk was dying to get into the particle-wave theory of light. Couldn't he just have said in a lot less words--"Light hitting your property is not a trespass. But it could be a nuisance." I am sure the law clerk and Judge Tao had some fascinating discussions on the nature of light and the law. I would much rather have judges issue wordy opinions that are thoughtfully considered than not have the judges reason at all, so good for Judge Tao and his team.

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  5. Craziest/most psychotic member of the EJDC Bench currently? Bonnie has always been strung a little too tight going back to her days as an attorney. But my money is presently on Kishner, who went from a relatively nice, calm attorney into this sanction/show cause monster.

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