Monday, January 30, 2017

Separation Of Powers


  • Nevada's solicitor general Lawrence VanDyke has not taken the bar and his two year temporary license has expired. And he is paid more that most of you.  [TNI]
  • At least one local couple was affected by the executive order regarding refugees and immigration while much of the country was getting a fresh reminder on how the three branches of government work. No one was detained in Las Vegas. [RJ; Las Vegas Sun]
  • Med malpractice sweeps status hearings are taking place next week. [eightjdcourt blog]

53 comments:

  1. They should voluntarily take the February bar exam and avoid further rule bending controversy. You're representing the Nevada AG's Office for heavens sake, set the proper example, yes?

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  2. Trump is a hero, patriot and true leader. He is the first POTUS in 20+ years to actually represent the interests of the citizens of the United States of America. God has blessed America!

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    1. You misspelled "POS."

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    2. ^^ Whether you believe that or not, some pretty decent trolling skills.

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    3. This country has no idea what patriotism and liberty are. Too many think it's about bravado and bombs. America, FUCK YEAH!

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    4. I am a citizen of the USA, and Trump does not represent my interests.

      PS. 9:22, that was awesome

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    5. We are country built upon power, not upon liberty. Might not right.

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    6. White House fails to mention the Jewish faith or Jews on the Holocaust Remember. Day. No, Trump is not anti-Jew. Trolls get ready to rumble.

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    7. I was one of the posters who noted that there was no anti-Semitism in Trump's speeches in the first 3 days. But this? I have no justification or reasoning for this. I just cannot even imagine what they were thinking.

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    8. @11:33, d'uh, obviously that lots of Germans, Italians, French, etc..., even Americans died in the Holocaust. We must all grieve the incredible loss of noble life during that tragic event in world history. Which event was all about the horrors of war, which we can all agree on, can't we? Eh, mein freund? Certainly it wasn't about the systematic, xenophobic and politically accepted attempt to wipe out an entire people? Nyhea...

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    9. Fiore supports the travel ban that discriminates against Muslims. Moron, please let's elect her again.

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    10. 12:44, Fiore is not only beautiful and deadly, but she understands the law.

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  3. Let me get this straight: someone who is asserting the ability to practice law is suggesting he detrimentally relied on someone elses' incorrect reading of the plain language of a rule?

    That only works if you're a junior associate relying on your senior partner's representations on an ethical issue. Good to know Laxalt's selections are incompetent.

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    1. Rule 49.8(3) is perfectly clear: "Certification to practice under this rule shall terminate whenever such attorney ceases to be employed by the Office of the Nevada Attorney General. When an attorney certified under this rule ceases to be so employed, a statement to that effect shall be filed immediately with the admissions director of the state bar by the Nevada Attorney General. In no event shall certification to practice under this rule remain in effect longer than 2 years. An attorney certified by the state bar to practice under this rule who otherwise remains eligible to practice must annually renew the certification in accordance with Rule 49.12." Why would any competent attorney contact the State Bar for clarification? What the hell is wrong with the State Bar that they could interpret this to mean anything other than what is says. Why is it that we pay some of the highest bar dues in the country? Can't they hire someone with the ability to read - or are they just using the money to fund their fancy vacations (aka bar conventions)?

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    2. According to nvbar.org, Ms. Scheffler only became an active attorney herself in May 2016. The chief attorney representing the interests of the NV AG in court relies on the October 2015 advice of a non attorney to guide him?

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    3. First of all, who allows the Admissions Department to render legal opinions and then to extend admissions? Not in their power, reliance or no reliance.

      Second of all, I like Brian Kunzi but he only took over Admissions in early 2016 after it had been a dumpster fire for years. Remember Kunzi was hired as Assistant Bar Counsel, then Bar Counsel, then taken out of the role as Bar Counsel so Stan could have a job. No Vandyke has no excuse. But please appreciate the absolute horror show that your SBN is and has been for years.

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  4. This thread about bar admission and the temporary license of Lawrence Van Dyke raises an interesting issue. How is an attorney who works for the Nevada Attorney General's Office granted a temporary license? The real problem is that there should be NO EXCEPTIONS TO THE BAR EXAM. There are currently 7 exceptions to the bar exam. The "C" number exception started out for corporate counsels in companies and spread to all kinds of entities like the government. The first exception to the bar exam were the faculty at the Judicial College, then rural public defenders and district attorneys, legal services or legal aid, and even the State bar has an exception for their attorneys. There are too many exceptions. It should be like California--everyone takes the bar exam. UNLV Faculty exception and admission on motion is likewise a travesty. The law school is pushing for relaxing the grading on the bar exam. The Bar is pushing for reciprocity and others are pushing for the Uniform Bar Exam (UBE).

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    1. If the BOG wants to minimize their control of the kingdom, they should endorse reciprocity. Wouldn't a National Board of Governors be good for everyone?

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  5. In addition to the named people in the article, there are several other attorneys in that office this applies to. Some of them tried taking the bar exam, and you can guess how that went based on this rule continuing to be stretched past the breaking point.

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  6. Nevada should never allow for reciprocity or the UBE. Las Vegas' unique nature makes it a magnet for people who have fucked up their lives elsewhere to start again here. We do not want failed attorneys' from 49 other states congregating here in Nevada, wrecking havoc on our courts and the public. You sit your ass down for three days and pass the bar exam. Period.

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    1. Contact the Board of Governors at the State Bar, the President, the Admissions Director and let them know how you feel. The blog needs to monitor this. You are absolutely right about the failed lawyers coming here. We are all so sick and tired of dealing with California lawyers who have one attorney licensed here but don't live here, don't have an office, and more importantly don't practice here.

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    2. What about the flip side? If Nevada allowed reciprocity or the UBE, maybe more attorneys would leave Nevada to practice elsewhere. I would. I don't want to sit for another bar exam, so I stay in Nevada. However, if I had an option to go somewhere else without another exam I would be out of here in a heartbeat.

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    3. 12:59,

      You can waive into several states on motion, without an exam and without reciprocity, such as Utah. Although attorneys in Utah make very little compared to Nevada. And they have a 5% state income tax.

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    4. The real parties pushing for reciprocity, UBE and admission on graduation for Boyd graduates are the Nevada Supreme Court and Boyd. Not the State Bar

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    5. Since when is anyone pushing for admission on graduation for Boyd graduates? I have not heard of that.

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    6. There was one goof ball that I graduated with in 2010 that couldn't pass the bar and sent an e-mail out to some listserv about admission on graduation. I think it's just him. Maybe some other bar failer has joined up with him.

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    7. 8:52 AM. The 2010 graduate that couldn't pass the bar and sent an e-mail, was that a Boyd graduate. Keep in mind there are always graduates who can not pass the bar anywhere. We don't lower the curve to failure. Most pass if not the first then thereafter. The Nevada Bar is not harder than California. The UBE and admission on motion (reciprocity) will be a disaster for our small state. This will really hurt Boyd grads. No graduate will get a job.

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    8. 8:52 here. Yes, the guy was a Boyd grad. Someone above me asked "since when is anyone pushing for admission on graduation...?" I was just answering that, yes I had heard it, but it was from a good ball guy that was interested in it because he couldn't pass.

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  7. Marshal S. Willick; Willick Law Group
    v.
    Steve W. Sanson; Heidi J. Hanusa; Christina Ortiz; Johnny Spicer; Don Woolbright; Veterans In Politics International Inc.; Sanson Corp.; Karen Steelmon; Does
    1/27/2017 A-17-750171-C Kephart Defamation. Defendants circulated an email "blast" falsely accusing plaintiff attorney of sexually coercing a minor and other acts.

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  8. Can put up a pdf of the complaint please?

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    1. http://www.willicklawgroup.com/wp-content/uploads/2017/01/Complaint-for-Damages-1-27-17-Abrams-00165532x7A582.pdf

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    2. Well "He Who Shall Not Tell the Truth" appears to have stepped in it now. Marshal is just as willing to joust windmills as Woldemore so this is going to be interesting.

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    3. Who's Woldemore?

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    4. https://www.youtube.com/watch?v=wt_nBKB3sQs

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    5. If Sanson is Woldemore, does it mean that Marshal is Harry Potter?

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    6. Nothing adds to an organization's credibility then having a link on your website and saying "Please contact Dario Herrera at...". Thanks VIPI for causing to blow my morning coffee threw my nose. Good to know he is out of federal prison. You have made my day.

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    7. Herrera has been out for years. See the article he gave re Schlock almost two years ago. https://lasvegasweekly.com/as-we-see-it/2015/mar/25/dario-herrera-find-parallel-aaron-schock-rise-fall/

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    8. Who cares when he got out. He is still a huge dirtball.

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  9. Not sure that this will directly apply to the legal profession, but SB 69 in the upcoming legislative session proposes reciprocity for professions.... https://www.leg.state.nv.us/Session/79th2017/Reports/history.cfm?ID=127

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    1. "SB 69...proposes reciprocity" Am I the only one giggling at that?

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  10. SB 69 appears to apply to state regulatory bodies, something over which the Governor and not the Supreme Court would have jurisdiction Since the Bar is not a state organization, I wonder if this bill would apply to the state bar. Separation of Powers and all that.

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  11. Anyone taken a look at the LawyersWest stuff they are selling today? Anything good?

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    1. Ended up appointing our office quite nicely thanks to Rob Graham and his landlord.

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  12. Adelson just bailed on the stadium.

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    1. Comical. It looks like Mark Davis used Adelson for his juice to get 3/4 of $1B and parted ways. Not many people get away with playing Adelson like that.

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  13. Adelson didn't get played. He gets out of the deal without a red cent being spent. We the taxpayers are getting played. What a boondoggle that will cost Sheldon nothing.

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    1. Playa knows how to play. That's one reason why he's a billionaire and we're not.

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    2. Well, he did spend a pretty penny trying to acquire properties, lobbying the SNTIC and later the legislature, and presumably on negotiations with Davis, et al.

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    3. Adelson lobbies constantly. Adelson negotiates constantly. Adelson comes out of this smelling like a rose, looking like he cares about Southern Nevada (when he just hung 3/4 of a Billion on us) and spent nothing he does not ordinarily spend. Sheldon is laughing with that creepy little clown face all the way to the bank.

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