Monday, April 3, 2017

Hating Change


  • It's finally here. This is the month that the Clark County courts move to a new e-filing platform called File and Serve. [eighthjdcourt blog]
  • There are currently 81 inmates on death row in Nevada and the Legislature is considering doing away with the death penalty. [TNI]
  • Here are two different articles about how this legislative session is a boon to Adam Laxalt's gubernatorial aspirations. [TNI; RJ]
  • Convicted pimp gets assigned heavyweight attorneys Michael Cristalli and Janiece Marshall. [8NewsNow]
  • The RJ changed up its nameplate and website. We'd like to announce that we anticipate no major changes* here at the official blog of who you people.  

*this statement is guaranteed for today only.

57 comments:

  1. Family Court judge Bill Potter is in the news again on ethics charges according to the RJ on Saturday.

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  2. Isn't this also the official blog of Boyd 2013? If not, it should be. You need to get a license from Boyd 2013 first, though.

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  3. Do you have the opportunity to request a court reporter for discovery on the day of the hearing, or do you have to pre-arrange one?

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  4. You can request it the same day. I would recommend it. Have no clue what the hell is going on down at discovery? Clueless.

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  5. What is it about Judge Bill Potter and these charges. How come we have not heard about his before? Sounds like it is pretty serious and could cost him his seat when he runs for reelection. Anyone have any insight? Anger issues? Bad attorneys pushing his buttons?

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    1. Probably all of the above... I agree that if nothing else it will likely encourage a challenger to run against him as it creates an issue to discuss on the campaign trail as to why he should be replaced, unless he wins an acquittal from the Commission.

      Of course, that raises a host of other issues... How fair and impartial can a Commission be when it has already found reasonable cause to open an investigation, reasonable cause to proceed to a prosecution and hired the prosecutor that will pursue the case?

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    2. As for the Potter charges, the charge concerning him contacting the press to provide his perspective of a pending case(which included criticizing one of the attorneys) stems from October, 2014. The charge concerning him having the attorney handcuffed stems from January 2015.

      That would be a long period of time for matters not to be finalized,even in situations where such charges had been in the system for a period.

      However, the delay is far worse than it seems as not only is the matter not close to being finalized, but in fact charges were just now filed--meaning it may take another couple years for the case to be heard.

      I appreciate the fact that the commission is vastly underfunded, and the logistics of assembling meetings with panel matters from different parts of the state(most of whom may have very demanding schedules) poses additional logistical problems causing further delays.

      However, if cases are still not finalized after 5 or more years from the incident(s) in question, it not only reflects poorly on the viability of the commission in the view of the public and the media, but it also very unfair to the individual aggrieved, the judge, witnesses, and anyone involved.

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    3. Speaking of family law. In today's SC oral argument(67955) Eric Pepperman, who was defending a decision that had to be reversed, really got slapped around by the justices. It was ugly.

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    4. Potter is not a bad judge, he just has zero tolerance for fools. One of the lawyers mentioned in the complaint is incompetent. Period. When you appear, he's prepared. Don't just argue what you have written, just add. Potter knows what he is doing and can see right through lawyer speak. Don't try that or you will end up in cuffs!

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    5. What asshat would argue that a step-parent should have custody while Mom is deployed? No matter how much I need business, I wouldn't take that argument.

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    6. What asshat would argue that "LawyerSpeak" justifies attorneys ending up in cuffs? If that is Potter's standard, I hope Conrad Hafen has room in his office for Potter to join him in forced retirement.

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    7. Potter asked for a "yes or no" answer to a question. Only a lawyer would hedge on their response.

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    8. at 10:17; only a small minority of questions can accurately be answered with a simple yes or no.. most answers, unless the question is very narrow and focused, require some expansion, explanation or qualification to be complete and accurate.

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  6. Please, yes, bash Bonnie Bulla. I am all for that. Go, there is a lot to complaint about.

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  7. Her office staff is rude.

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    1. Could not agree more. The absolute WORST. Out of control rude.

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    2. Oh Tim in Dept. 6 is ruder than anyone in Discovery Commissioner's office.

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    3. Speaking of rude, where did Matt Diamond end up?

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    4. I would take Tim over the Discovery commissioner's office any day of the week. At least Tim does not lie to people.

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    5. Her office is atrocious. I have had legit EDCR 2.34 affidavits get kicked back for no reason. It is a joke.

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    6. If you have serious issues like that, I would take it up with presiding judge. Her office should not be doing that. All I can say is get your record.

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    7. I have respect for Bonnie, particularly given all the absolute BS she has to put up with from certain attorneys, but her staff goes out of its way to make things difficult. For example, if you send over an R and R that has something in it they don't like (we'll call it "Thing A") they will kick it back, and then when you've fixed Thing A, they will send it back a second time due to Thing B, which was in your original submission and could have been pointed out at the same time as Thing A. It is as if they are sadists who enjoy creating extra work and frustration.

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    8. Wolfman Jack says Bonnie Bulla sucks....so does her staff...

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    9. Tim in department 6 is far worse than Bonnie and her entire staff.

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    10. I agree completely with 3:44. Moreover, Bulla makes things more difficult for herself and more expensive for the litigants by dragging everyone down there if a date is incorrect in the JCCR. Why doesn't state court have presumptive discovery deadlines like federal court and you can request different dates if the case requires it. Or, better yet, why don't we just submit the proposed discovery deadline to the DC and she can then issue a scheduling order with the other dates? She is going to check the dates in the JCCR anyway, so why not just have one date (the discovery deadline) and she issues a scheduling order with the other dates based on the discovery deadline. Bulla appears to use the incorrect dates in a JCCR as a power trip to bring parties before her so that she can make everyone feel smaller.

      I guestimate that if all we had to do was submit a discovery deadline in the JCCR and the DC would issue a scheduling order based thereon, Bulla would have a third fewer hearings each week. Maybe then she would be happier and kinder (plus, I don't understand her temperament - if she hates doing her job, which she appears to do, why keep doing it? I wish she would have been given the judicial position she wanted so we could at least preempt her ...)

      I also do not understand why the DC position is not elected. In many ways the DC has similar powers to a judge, yet the DC remains un-elected and apparently the job never goes up for any competition unless the current holder retires or dies.

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    11. Love to hear how she doesn't like to grant OSTs, but then she grants some that are unsubstantiated. Real consistency.

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    12. Interesting set of opinions about Discovery. I guess it just goes to prove the adage about opinions being like assholes: Everyone has one, and they all stink.

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    13. 9:57, thank you, Bonnie.

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    14. @9:57 - It looks to me like all the opinions about Discovery are pretty consistent. The only thing that stinks is Discovery.

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    15. Here, here. Three hip hip hoorays for Bonnie and her pack of assholes in her office.

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    16. Agree with all of the negative comments.

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  8. Is Michelle Fiore going to win tomorrow?

    Sure, she is an absolute nutjob, but it seems she is a very savvy campaigner. I live in Centennial. It's a fairly conservative/libertarian area of town. I fear that I am stuck with Michelle Fiore in some sort of elected office in perpetuity.

    Her abilities are both admirable and maddening. She is able to win elections in spite of the fact that she ran her own business into the ground, didn't pay her taxes and regularly embarrasses Nevada in the national press for her wackadoodle antics. And yet, she still wins. Imagine what a sane, competent candidate with her campaign skills could accomplish.

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    1. Pasta and boobs. That is all.

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    2. Don't forget the "Annie Oakley" pistol on her hip. By the way, Fiore tried to get through the legislature a bill eliminating the requirement for a permit to carry a gun concealed. Very admirable. So many times when you need to protect yourself from a nutty client or when you are in a bad area, you can't carry a gun (except out in the open) concealed. Making a felony to carry a gun concealed is ludicrous and serves no purpose. Ironically, Arizona did away with the requirement to have a permit (it was a misdemeanor there, it is a felony here) about the time the Congresswoman Gifford was shot. Not one person had a gun to stop the madman. The Fiore bill never made it to the Governor. I had a client who is a realtor who almost got raped showing a house. She wants to carry concealed but can not till she takes the class, goes to the range, submits the paperwork, and waits for her permit. A four month process start to finish. In the meantime, she is out by herself showing listings. Do you think this Democratic legislature would consider such a bill ever??

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    3. What.........there is pasta too??????

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    4. She'll fit right in with Mayor Goodman, Bob Coffin, Bob Beers and all of the other nut jobs on the City Council. They are all individually, but especially collectively, a huge embarrassment to the city.

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    5. Jim Pengilly approves this message.

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  9. Gosh I love bumping into a good quote from the Nevada Supreme Court. From Justice Pickering, person=penis. "In the indecent exposure context, the common law used "person" as a euphemism for penis, making it fair to read NRS 201.220(1) as prohibiting open and indecent or obscene exposure of one's genitals." State v. Castaneda, 126 Nev. 478, 484, 245 P.3d 550, 554 (2010)

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    1. and the SCOTUS says corporation=person, THEREFORE I invoke the transitive property of personage and decree that corporation=penis, who can gainsay that?

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    2. Next time you get stopped and asked if you have any contraband on your person, answer "Technically not on my person."

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    3. ROTFLMP(erson)O!

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  10. Hey, Repubs, you go nuclear to get Gorsuch in, you will get voted the fuck out, that includes you, Dean Heller.

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    1. Every time I write Dean Heller, he responds with something to the effect that I don't know understand the totality of the issue or some other insult. Really Dean? I understand and I vote. Adios.

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    2. Just like the Democrats got voted out when they used the "tactical nuclear" option when they lowered the threshold for appointing District and Circuit Court judges? I am against the nuclear option for any appointees but lets not have a short memory.

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    3. "But both parties are to blame. When the Democrats were in the majority, they removed the 60-vote threshold for lower-court nominees in 2013 when Republicans were blocking Obama picks to a critical federal court. Republicans said then that Democrats would come to regret it."

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    4. Do unto others as was done to Garland.

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    5. Go Bork yourself, 7:54.

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    6. The modern-day filibuster is a complete joke, rendering the 60 vote cloture rule, as currently used, obsolete.

      Either return to a real filibuster rule (requiring the Senate to remain in continuous session) until the bill is voted on or withdrawn, with no other business considered until one of those conditions is met or eliminate it in its entirety. Allowing a Senator to simply place a hold on a bill and calling it a filibuster until a cloture bill passes and simultaneously handling other business is a joke!!! With the advent of modern technology, they can now read more than just the telephone book to their colleagues to eat the time (they have to remain standing and speaking unabated)

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    7. Garland trumps Bork.

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    8. Trump sweeps 2018.

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    9. No, Russia did.

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    10. Go Bork yourself. Dipshit Hussein Obama wire tapped atrump for months and came up with nothing. So his media flunk ies just keep saying "sources think" stories to justify headlines. Childish. Any man with an IQ over 80 can see right through it.

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    11. I'm all for debate and discussion, but it's hard to take anyone seriously when they refer to our former President as "Dipshit Hussein Obama." Name calling is useless. Let's talk about what's really going on.

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    12. Trump supporters have no idea what is really going on, which is why we are in this mess.

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  11. What happened to the "elections have consequences" line from the Obama years? Oh wait, since Democrats are always right and have the moral high ground on every issues, then even if Democrats are not the party in power presently, the country still requires the nomination of a liberal leaning Supreme Court justice. Because, you know, Democrats are always right, and if they don't get their way, they will, at best, take their toys home, or at worst, burn a city down.

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    1. You got it! Have a slice of pizza and lollipop.

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  12. They are always right.

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