- law dawg
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- Trump pardons Michele Fiore. [TNI; RJ]
- State could charge her for crimes, legal expert says. [8NewsNow]
- Sex worker faces murder charge after man OD’s in Strip hotel room. [RJ]
- Law bars NSHE from taking action on transgender college athletes. [8NewsNow]
- What else is happening out there today?
First
When considering how to keep Michele Fiore off the bench we would do well to consider the case of Catherine Ramsey, the now deceased, disgraced North Las Vegas Municipal Judge. While on the bench, Ramsey engaged in so much misconduct that a petition was circulated to recall her. Just one of her many offenses was that she used a city-issued credit card to pay her private attorney $12,000. Ramsey took the matter to the Nevada Supreme Court who ruled that judges cannot be recalled, the appropriate remedy is to take them before the Nevada Commission on Judicial Discipline. The Commission investigated Ramsey, found that she had committed numerous violations, and worked out a deal whereby she would be denied a few months of pay and she would leave the bench forever. Ramsey considered herself the ultimate victor, because she was allowed to practice law and to wreak havoc in private firms until she went to her dentist’s office, had a stroke, and died.
So, I guess the moral to the story is to go to the Nevada Commission on Judicial Discipline which can throw her off the bench even if she has not been convicted of a felony.
Above summary is correct. Here is more: NORTH LAS VEGAS, Nev. (AP) — The first female North Las Vegas judge in city history is losing her job, after admitting she engaged in seven instances of professional misconduct on the bench.
Catherine Ramsey’s removal after five years hearing traffic violations and misdemeanor offenses was made public with a settlement of a state Commission on Judicial Discipline complaint posted Tuesday by the Nevada Supreme Court.
It said Ramsey will be suspended without pay for the final three months of her term, and barred from seeking the seat again next year.
Ramsey’s attorney, William Terry, said Thursday that Ramsey’s suspension begins Oct. 1. He noted that she volunteered not to run for re-election.
Ramsey remains a lawyer, and could run again for another judge position if she passes a fitness exam. But Terry said his client’s future plans were undecided.
But isn’t this different than Fiore? Ramsey’s misconduct occurred while she was on the bench. Ramsey didn’t have the benefit of a full presidential pardon. I don’t see how this is helpful. If anything, it is disheartening.
I guess the only solace we can take is that Fiore is just a Justice of the Peace in Pahrump. Pahrump will probably keep re-electing her forever.
Didn’t Fiore’s misconduct occur while she was on the bench? It may not have been related to her judicial duties but it was embezzlement and fraud. I would report her to the Commission.
I think it occurred while she was a City Councilperson
Fiore became JP at end of 2022
The conduct alleged in the federal case took place in 2019 and 2020, before she took the bench. Unless she is convicted of state-level felony crimes, I don’t see any good way to (legally) keep her off the bench.
And it’s really not clear to me if any charges would be viable in 2025 under state law. Unless I’m mistaken, the statute of limitations for crimes sounding in theft, forgery, and fraud is 4 years. NRS 171.085(1). https://www.leg.state.nv.us/nrs/nrs-171.html#NRS171Sec085
The catchall statute for felony crimes is 3 years. NRS 171.085(4).
Maybe there can be tolling under NRS 171.095 for crimes committed in a secret manner and aren’t discovered until later.
Trump cannot pardon Fiore from the Commission on Judicial Discipline can he? He cannot prevent a state court from disbarring someone can he?
She is not a member of the bar (not required there) but I see no reason why the Commission on Judicial Discipline could not take action.
Based on what specific legal authority?
As explored yesterday, no clear path to judicial discipline at this point. https://lawblog.law/a-sinkhole-of-legal-uncertainty/#comment-99263
The last path to removal I considered was impeachment and conviction by the Nevada Legislature, but justices of the peace are specifically excluded from impeachment. Nev. Const. art. 7, sec. 2. https://www.leg.state.nv.us/const/nvconst.html#Art7Sec2
Removal by accusation likewise doesn’t seem to reach justices of the peace because they’re not considered to be state judicial officers. Nev. Const. art. 7, sec. 3 https://www.leg.state.nv.us/const/nvconst.html#Art7Sec3
And as mentioned by another commenter, can’t remove judges by recall election either. So, like it or not, unless she engages in removable conduct once she returns to the bench, or unless DA Wolfson or AG Ford can come up with a viable theory to charge her with a crime of moral turpitude and obtain a conviction that withstands appeal, Fiore will return to the JP bench in Pahrump.
It’s hard to put into words what it means that Michele Fiore could retake the bench. I’m glad I never appear in Pahrump JC. I could not stomach standing there and showing her respect with honorifics like “Judge” and “Your Honor.”
Off point, but speaking of judicial misconduct
When I was practicing in LA, a Central Division female judge became impatient with counsel during a hearing. Reportedly, she pulled out her pistol and threatened to shoot off the attorney’s dick.
I think she was able to retain her position until the next election cycle. It’s been a long while and I not recall all the facts.
Come closer, my children, and let me tell you about Paul Goldman…
Goldman sentenced Loretta Bowman, the county clerk, to a jail term because her clerk filed an Answer after a Default had been entered and he incarcerated the man who was repairing the court house roof because the guy was making too much noise. The story goes that when a Supreme Court Justice then called to say, “Hey Paul, what is going on down there?” Goldman replied, “F. . . You” which was his death knell.
Also jailed an 87-year-old woman for not testifying against her son.
All of the above happened in ONE week.
I was in the courtroom the morning he sentenced Loretta to jail. He stayed the sentence pending her appeal.
Well at least he had one bit of good sense?
No his death knell was that curve in the road on the way to Pahrump
Can’t a state court judge can be removed for conduct that occurred before he/she became a judge, particularly if that conduct is deemed to demonstrate a lack of good behavior or is a violation of the judicial code of ethics
My read is the Revised Nevada Code of Judicial Conduct is almost entirely geared toward conduct as a judge. The only category of removable offense that isn’t expressly tied to conduct while in judicial office is conviction of a crime of moral turpitude. Seems like it would be an uphill battle to remove her for conduct that predated her time on the bench absent a disqualifying criminal conviction.
The facts remains, if you are charged with a crime in Pahrump, she was before and would be again the ONLY judge likely to show an ounce of understanding to the defense.
Judge Williams got slapped around by the NSC yesterday. Apparently advocating for one party from the bench is a no no.
yikes. harsh slap down
Williams and Plaintiff’s counsel on the case (Sylvester & Polednak) got taken out to the cleaners.
Blitzkrieg? In opening statement? Dang
Whats the case no?
87056 VIRGIN VALLEY WATER DIST. VS. PARADISE CANYON, LLC
Opinion unavailable. Ill wait.
It’s available. Published decision yesterday. You might need to delete cookies for NVSCT websites for it to work again. https://caseinfo.nvsupremecourt.us/document/view.do?csNameID=67160&csIID=67160&deLinkID=1002023&onBaseDocumentNumber=25-18287
That links works, thanks!
It is now.
The mic drop in the conclusion is just classic. “The legal dispute before the trial court was not complex…”
followed immediately by, “built on the foundation of the court’s misreading of a critical provision, the court held a jury trial rife with error…”
The state and the federal government are different sovereigns,” Benjamin Edwards, a professor at UNLV’s William S. Boyd School of Law, told the 8 News Now Investigators. “It’s not double jeopardy if the state prosecutes you for the same crime.”
Edwards continued: “She [Fiore] still has exposure here. The underlying conduct that led to this conviction is still available if the state wants to go after her for it.”
Per the 8news article
But not a lot of analysis about any applicable statutes of limitation. Meanwhile, the clock is ticking. This would be a good case study on why states should not entirely take a backseat to federal prosecutions, especially if you’ve got a criminal president willing to pardon criminal friends.
Sour grapes much? Cope harder, sis.
She stole from a fallen officer’s memorial fund. She was found guilty by a jury. It’s not sour grapes. Its just sad that she’s getting away with a crime because she knows the president.
That was a completely factual statement. If you disagree, prove that it is not.
Don’t kid yourself. You can’t disguise the disgust hemorrhaging from your words by stating “facts” without context. Your feigned objectivity is transparent at best.
Nobody is fooled as to you where you stand.
What is the context that helps excuse taking money in this situation?
Both can be true – someone can be disgusted and be factually accurate.
Yes, that is your copout and your attempt at deflection. You are aware of what statement I was referring to.
I have never said that Fiore was innocent, but if you knew anything about criminal prosecutions, especially federal prosecutions, the deck is so substantially stacked in favor of convictions at all costs, especially in white collar cases. So her conviction is at least nominally suspect and I am convinced that you have had no exposure to the ins and outs of the case, the testimony, the discovery or the evidence other than what you read in the RJ, the Nevada Current or the Indy.
This is actual objectivity. Try it.
Is that supposed to be English? “Nobody is fooled as to you where you stand”. Jeesh.
I hereby release you from the iron grip of my logic.
This was 2019 and 2020. Wouldn’t there be a statute of limitations issue?
Yes. https://lawblog.law/a-vindicated-soul/#comment-99313
one could possibly argue secret crime so SOL starts from discovery of offense?
Yes, but the tolling clock starts ticking from “discovery.” In light of the feds’ case, it seems the clock started ticking (at the absolute latest) when she was indicted, in July 2024. That date seems too recent as a matter of practical reality, since the feds would’ve “discovered” the crimes before then if they were already investigating her. And the State may have been aware of the investigation, since state agency filings were relied upon in seeking the original indictment. So yes, there could be secret-crime tolling, but it’s not clear for how long and whether even with that tolling the statute has already expired. It will all depend on when the State “discovered” the crimes.
The State would need 2 years of tolling for the 2019 crimes and 1 year of tolling for the 2020 crimes (if subject to a 4-year statute), and an additional day of tolling for each day that passes until state charges are filed.
At least it gives the state a chance to possibly charge her. I hope the State looks into it because the idea of Fiore sitting on the bench is terrifying
It’ll probably be up to AG Ford, possibly DA Wolfson. Ford might chicken out because of his gubernatorial run.
Something to consider on Fiore. Granted she stole/ embezzled money from a fund. There was a civil remedy. Had it not involved fallen Metro officers–Metro might have declined prosecution because there was a civil remedy. Isn’t Fiore being sued civilly? Fiore was a prominent in your face Republican charged by a Democratic (with a capital D) Administration, US Attorney. Just saying there is a political overtone.
Most crimes have a civil corollary. There’s no “political overtone” when prosecutors pursue charges that have a civil corollary. Were it so, every criminal case involving a political figure would have a “political overtone.” She is a thief. Thieves should be prosecuted.
Bank tellers get charged with embezzlement, although they can be fired and sued. We’ve had attorneys charged, convicted, and imprisoned for wire fraud, even though the “victims” involved could have sued.
The only political overtone here is one felon pardoning another.
Practice question for you fine folks. If you disagree with a magistrate’s order on a discovery issue in federal court, what are your options? Petition for a writ to the district court judge? Request for reconsideration to district court? Or do you jump straight to the 9th circuit for a petition of a writ? I’m not finding any clear procedure on this anywhere.
objection to the magistrate’s order
I once tried to do something in Federal Court having only practiced in family court before and the judge CHEWED my ass over a procedure in front of my client. Not trying to be a jackass friend but if u have this kind of basic question find a friend to help u first time.
Procedure is different for decisions that could resolve the case and those , like discovery issues which can be finally decided by the Magistrate Judge. Former is an objection, latter is an appeal to DJ. In Local Rules.
You’ll want to look at Part IB of the D. Nev. Local Rules. LR IB 3-1 governs review of matters that may be finally determined by a magistrate judge. LB IB-3-2 governs review of matters that may not be finally determined by a magistrate judge. The operative statute is 28 U.S.C. 636.
Objection is the primary course of action. As a word of warning, please note that if there are any plans for an appeal down the road, you MUST preserve your issues with the Magistrate in the objection to the R&R. Otherwise you are arguably waiving the issue on appeal for a failure to raise on the record below.
This is an issue that probably is larger for our Northern Colleagues as the Magistrates up there rule on all dispositive motions, and it is more of a mixed bag down in the unofficial southern district.