Thursday, May 18, 2017

The 49 Percent


  • The February 2017 Nevada bar exam had a 49% pass rate. [nvbar]
  • Here's a look at the testimony of AG Adam Laxalt before the Nevada Legislature yesterday. [TNI]
  • Former FBI director Robert Mueller was appointed as special counsel. [Las Vegas Sun]

48 comments:

  1. Way to go Nevada Supreme Court! No decisions issued all week. Keep up the good work and your arduous productivity.

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    1. But they scheduled a hearing to extend the terms of the Board of Bar Governors. Surely that warrants a week's salary.

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    2. Takes awhile to get those decisions out of the new building.

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    3. You guys are right. You should only get to bill for the 3 minutes it takes you to file a motion, not the 20 hours you spend researching and drafting it.

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    4. No I should get paid for meeting the productivity requirements of my job.

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    5. Spending 20 hours researching and drafting a motion that the managing partner believes should have only taken you 3 puts you on the express lane to the unemployment line.

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    6. 20 was an example. And the NSC has to deal with thousands of appeals. Just because they don't publish the same amount every week doesn't mean they aren't working. The NSC has issues, the main one being that because they are elected, their intellectual quality on average isn't stellar. But they can't be faulted for taking a long time to rule on so many cases.

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    7. Yes they can. 1/3 of their appeals seem to be dismissed because there is no jurisdiction. A clerk can take care of those in under 10 minutes in 90% of those cases. They begged for and got 3 court of appeals judges so they could spend their time on precedent setting opinions, and then they put out fewer opinions than they had before the court of appeals. They are focused on their garish new building, a 101 stupid committees and commissions, micro-managing the lower courts, and doing everything but issuing reasoned decisions in a reasonable period of time.

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  2. What is the Boyd pass rate?

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    1. @10:43 is evidence that 82.7% of statistics are made up on the spot.

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  3. Who took over the Half-Ass lawyers, I mean Half-Price lawyers?

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    1. Mark Coburn

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    2. They don't appear to doing the business they used to do. Any reason why?

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    3. They are doing the same business, just at a different location and without hardly any advertising (which seemed like the whole niche of HPL).

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  4. What is wrong with Laurel Davis?

    Judge Davis Bankruptcy Cases
    May 18, 2017

    Judge Davis' cases will be temporarily assigned to other bankruptcy judges. All scheduled hearings will go forward unless you are notified by Clerk's staff. Calendars posted the night before a hearing will have the updated Courtroom location. Thank you for your patience during this project.

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    1. I suspect she has some ongoing health problems. The bankruptcy court has had more than enough judges for the existing caseload, yet have had a substitute judge coming in for quite some time on a regular basis.

      Judge Gary Spraker, a bankruptcy court judge from Alaska, has been hearing cases on a semi-regular basis here in Nevada. Some days he shows up in person, while some days he shows up on a two way video monitor while staying up in Alaska.

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  5. Anyone know of a way to opt out of campaign blast emails? No, I don't want to attend a fundraiser for some person I don't know who's running for Judge in a court/department that I'll never step foot in.

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    1. I made the mistake of donating to a couple of judicial candidates a few years ago, now I'm on everyone's mailing list.

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    2. I gave a few hundred dollars to a Republican friend that was running for a state office. I didn't agree with the friend's politics necessarily, but I think it's important to support your friends when they need support. Now I get weekly email blasts from Ted Cruz (and other Republicans nationwide) soliciting money.

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    3. Click unsubscribe. Pretty simple. You can do this for any other email list you end up on also.

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    4. I have an abusive relationship with spammers. So many times in the past, hitting "unsubscribe" or asking to be removed from a list only confirmed to the spammer that my email address was active, and I'd only end up getting more spam. If I just keep my head down, and take the hits, I'm sure it will get better. Or at least, it will get worse slower than if I try to stand up for myself.

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    5. Spammers don't need help from you to confirm that your e-mail address is active. Back in the day it probably was more risky than helpful to click Unsubscribe, but these days it's more likely to be useless than harmful.

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  6. Does any one have any Family Court horror stories to share, or do most visitors to this blog make a point of avoiding that building like the plague?

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    1. Yes and yes.

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    2. So, you do have horror stories, and you try to avoid the building like the plague. Are any of the horror stories worth sharing? If so, please do.

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    3. I'm not ashamed to admit that I do some family law as part of my practice. I will say that in general the bottom 20% of the family court judges are much worse than the bottom 20% of the judges in civil court. However, I think the top judges in family court would all make decent judges in civil court. It's a mixed bag.

      I don't have any specific horror stories (just about every time I appear in front of Judge Pomrenze is a nightmare though) in court, but I will say that many of the family law attorneys I've dealt with have been terrible - mean, nasty and combative for no reason other than to be mean, nasty and combative. It's not my favorite area of law, but it pays the bills and sometimes I get to feel like I'm actually helping out people who need it.

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  7. Yesterday, at 8:55, someone posted that Jason Naimi lost the family business. What were you referring to? Was this some case he represented you on? Please explain, if you will.

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    1. I think it was in the context of Luv-it custard. Greg Tiedemann, whose grandparents founded the business, lost it to his ex-wife.

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    2. Naimi sucks. Cocky and arrogant. Was a good guy and now is a turd.

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  8. That might be unfortunate(I don't know anything abut the case so I can't, of course, indicate whether I think that is fair or not.

    But is Mr. Naimi somehow to blame for this?

    Presuming the attorney prepared and presented the matter reasonably well, judges are of course the ones who make the ultimate decision--and of course sometimes those decisions are the wrong call.

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  9. Someone who is a mormon bishop used their @nvcourts.nv.gov email address for church business. https://www.reddit.com/r/exmormon/comments/6bxa55/bishop_reached_out_using_his_work_email_to_ask/

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    1. Very interesting. Any idea on the identity of the bishop?

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    2. Yawn. The update to that said he uses both personal and work emails from his phone, and accidentally used the work email. He continued the conversations using his personal email address.

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    3. Any chance to bash a Mormon....

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  10. http://caseinfo.nvsupremecourt.us/document/view.do?csNameID=42544&csIID=42544&deLinkID=599574&sireDocumentNumber=17-16620

    4-3 split decision, unpublished, granting the out-of-state AGs permission to practice without bar passage until they sit for and pass the July 2017 bar exam. The majority finds that they reasonable relied upon the flawed interpretation of the waiver rule by the State Bar employee. The dissent finds reliance was not reasonable based upon the plain language of the Supreme Court rule.

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    1. VanDyke's failure to take the bar by now is just pure laziness and poor judgment. Will be laughing my ass off if he fails it.

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  11. That seems like poor judgment.

    I am an active Latter-day Saint, however, I am disappointed with the way the Church sometimes fails to handle resignations in a straightforward and prompt manner. When a buddy decided he wanted to resign, I beefed up his resignation letter with argument that (1) his right to resign was absolute under the free association clause of the First Amendment, and therefore required no meeting with a Bishop or approval from any church authority, and, that the resignation was immediately effective upon receipt whether the Church acknowledged it or not; and (2) that the letter itself was confidential under priest-penitent privilege and therefore the Bishop was forbidden from discussing the contents of the letter, or it existence with anyone, including, but not limited to the Stake Presidency, his own bishopric counselors, etc.

    The resignation sailed through. He received confirmation in the mail in about two weeks. His LDS neighbors have no idea he resigned (which is what he wanted), so it looks like the Bishop honored the letter, which was the right thing to do.

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    1. so you're saying the US Constitution somehow protects an individual's ability to leave a post at a voluntarily religious organization in the manner they choose, and not according to the religious organization practices and protocols. Sorry dude, that's not exactly the way it works. But whatever, good on you for helping out a friend.

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    2. Is the opposite, then, true?

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  12. To 8:01. Myself not being LDS, I have a few questions. Since an individual in the US can obviously leave any religion they are practicing, and do so without official approval of the sect leaders, why is it imperative that your friend receive formal confirmation from the church approving him leaving the faith?

    If he leaves without confirmation, is his fate here on earth, and/or the after-life, far more unpleasant than if leaves with formal approval?

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    1. I don't know how the church views it, but I see it like this: The Mormon church loves to boast about its number of members and wants to appear to be big, influential, and important. They include all kinds of people in those numbers, including people who have not attended church in decades and/or who actively oppose the church on a great many issues. By having your name formally removed, you shrink their undeserved political clout. Also, I wouldn't let the KKK claim me as a member, even if I for some reason joined when I was 8 years old. I shouldn't have lifelong membership in any organization based upon a decision made far before I was old enough to sign a contract or otherwise competent to make a decision of consequence.

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    2. He's not seeking their permission to disassociate himself. He did that quite easily. He's asking them to actively change their records. Since the doctrine of the church expressly requires them to keep accurate records, there is a simple process in place to ensure that the request is clear and well-informed. Basically, it's an exit interview: "this is what we believe happens as a result of this decision, this is the procedure if you choose to come back, and would it be okay if we followed up from time to time? No? Okay." Not exactly byzantine. But apparently enough to share your angst with other folks online.

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  13. That 49 percent may have produced some great lawyers. Here's one in that Trump is considering local civil rights expert Stephen Stubbs for FBI Director.

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    1. I like Stubbs. I don't understand all the hate.

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    2. There's nothing worse than a condescending know it all who happens to be dumb. That's why the hate.

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  14. I like Stubbs too. He is a force for good in the world.

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