Wednesday, September 21, 2016

Buttons In Court


  • One of the nation's most popular governors appointed his current general counsel, Joe Reynolds, to the Nevada PUC. Daniel Stewart will take over as Sandoval's general counsel on October 3. [Las Vegas Sun]
  • Controversy is brewing over whether defense attorneys can wear "Black Lives Matter" pins in court after an incident between Judge Douglas Herndon and deputy public defender Erika Ballou. What do you think? Is this political speech? Is there any harm with wearing a button like this outside the presence of a jury? [Las Vegas Sun]
  • Downtown will be extra difficult this weekend with Life Is Beautiful festival going on.  How is it affecting your practice?

40 comments:

  1. Free parking for Life is Beautiful in the Eglet parking lot.

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  2. The BLM pin issue must be too big of a can of worms, pleasantly surprised there aren't a lot anonymous of racist posts on this.

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    1. It's early? I'm surprised not to see those comments and some tie to the candidates.

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  3. Just to tweak the judges, it would be fun to see what they would do if attorneys wore pins to court that support the judge they are appearing in front of.

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    1. Write Black Lives Matter on a campaign donation check and wear it, I'm sure the rules will be flexible.

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  4. What if me as an old white guy wore a Black Lives Matter pin to Court. Would that be racist? What about if I started a new movement and called it White Lives Matter? Keep your political speech outside of the courtroom for goodness sakes and quit getting riled up over your agenda. The Judge does not care about you and your speech over an issue. Care about your client so why would anyone do anything to possibly harm their own client?

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    1. Exactly!!! I feel the same way when Metro wears those shiny badges too, keep your agenda out of court silly officer!!!

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    2. ^ that is a terrible counterpoint (even taking the sarcastic nature of the comment into consideration)

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    3. The better counterpoint is the prosecutors who wear US/NV flag pins. Absolutely no reason to except to play good guy / bad guy in front of a court or jury.

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    4. Absolutely the analogy that came to mind. The almost uniform use of the Flag pin/Nevada Pin has the exact same effect and is never chastised and never prohibited.

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  5. Can a judge tell me to remove my American flag from my lapel or a the POW pin? Seems like it is infringing on my right to freedom of speech.

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    1. Start here. Cohen v. California https://en.wikipedia.org/wiki/Cohen_v._California

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    2. Hypothetical then - Vietnamese judge orders attorney appearing before him to remove a MIA/POW pin. How would that be any different from a white judge asking a black attorney to remove her BLM pin? Aaaaannnnnnnndddddd FIGHT!

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    3. Don't start with Cohen unless you want to be wrong. Start with the inherent power of the court to manage the dignity and decorum of the proceedings.

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    4. Already been decided by Supreme Court. http://tjcenter.org/litigation/berner-v-delahanty/

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    5. https://blog.simplejustice.us/2016/07/24/burtons-button/ even came up elsewhere this year.

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    6. Yes, dignity and decorum should be practiced by judges. God damn, love the way you speak to attorneys.

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    7. This comment has been removed by the author.

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    8. Not exactly decided and certainly not decided by the Sup. Ctr---cert was denied. The case was out of the 1st circuit and involved something a bit different---the button in question read:
      "Vote no on 1.
      Maine won't discriminate."

      Hard to argue not political speech as it actually encourages a specific vote and the court focused the decision on the clearly political nature of the button---Had it read only "Maine won't discriminate" it's not clear what the outcome would be. The judge in question claimed to have banned all political buttons from the court room.

      We, of course, live in the 9th circuit which is much more liberal than the 1st; the Supreme's decision not to intervene doesn't mean much because it came before them close to 20 years ago---the decision of the 1st was from 1997; the button in question here is arguably not political---it call for no vote or candidate---and yes I understand BLM has become a hot button in this years brand of election bullshit.

      The long and short is---not so clear and/or decided.

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    9. The judge shouldn't even be put in the position of asking you to remove your lapel pin. It's not a Freedom Of Speech issue, it's you doing your job for your client without putting your own views about a completely unrelated matter on display. There's a reason lawyers don't wear clown costumes to court -- they are not the issue, their client's right to professional representation is.

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    10. Spoken like a true judge that needs to be removed, 8:34.

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  6. I guess the Rotary Club pins are next. Better not wear a cross either. That is political, too; one's own faith.

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    1. Banning crosses would be awesome.

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    2. Banning Crosses was my band's name in college.

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  7. This all stems from the fact that Herndon is a tard. He should've stuck to being a prosecutor cause he doesnt understand civil side of law at all.

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  8. I ordered my lapel pin for court. America Matters!

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    1. get me one too! Let's start a movement of our own...people who are tired of caring about specifics!

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  9. I am up for the movement of removing Eric Johnson from office.

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  10. WHO precisely is ANY lawyer who wears ANY pin serving? Remove ALL of your lapel pins before you enter the courtroom-- whatever they may say or represent. The wearing of any lapel pin by an attorney doesn't serve his/her client's best interests; zealously advocating your CLIENT'S position is your job. Park your egos outside the courtroom entrance boys and girls.

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  11. Spoken like a true judge, must have a problem with American lapel pins, too.

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  12. Gents, you should not wear those hankies in your pocket. Too political.

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    1. That is not a handkerchief, you uncultured wretch, that is a pocket square.

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    2. Put those men purses away. Better not wear the rainbow flag lapel either. Too political.

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  13. How many times filing the same pleading that you know the Court is going to reject constitutes "frivolous"? Every time an attorney self-reports a first offense DUI, the SBN files a Petition with the NSC alleging it to be a "serious crime" and requesting summary suspension. And every time the Nevada Supreme Court issues an Order Declining Summary Suspension. Yet the SBN continues to file the same brief that the NSC has repeatedly told the SBN will not be granted.

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    1. SCR 111 (as amended in 2015) specifically requires attorneys and bar counsel to notify the Nevada Supreme Court of a first time DUI.

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    2. I blame Hunterton. Ever since he got over there at the State Bar they have turned super prosecutorial.

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    3. Why doesn't SBN focus on those who steal from or harm clients? How does a DUI affect your service to your clients?

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  14. I wear shamrock ties to court, I guess I cannot wear that, either.

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  15. Can I wear an Eric Johnson lapel pin in Susan Johnson's court room?

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  16. @8:52...you made my morning. I need to work "uncultured wretch" into a pleading.

    Re: Life is Beautiful...I hate it. Who had the brilliant idea to put a couple hundred thousand hipsters in the middle of an urban center and block off all the roads to small businesses, big businesses, government offices, and social services? F*#! that! At least those Burning Man weirdos have the decency to go out into the desert.

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