Another Hot Day In Vegas

  • Law

  • If you missed the State Bar’s 2021 Membership Awards, video is now available online.  
  • AG Aaron Ford announces Nevada will join an antitrust suit against Google. [Fox5Vegas]
  • CCSD Trustees voted to change their grading policy so that 50% is the minimum grade. [TNI]
  • What else is happening out there today?
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Anonymous
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Anonymous
July 9, 2021 6:09 pm

14 applicants for the vacant JP(Melanie Tobiasson).

They are Maxwell Berkley, Cybil Dotson, Tracy Hibbetts, Daniel Hill, Nadia Hojjat, Mark Karras, Bernard Little, Fikisha Miller, Nadine Morton, Daniello Pieper, Dena Rinetti, Katrina Ross, Rob Walsh and Yi Lin Zhing.

Just speaking for myself, it's hardly a Murder's Row lineup. Also doubt that too many of my colleagues are bowled over and consider this a slate chock full of brilliant and experienced practitioners.

In point of fact, the names, as a whole, not only seem to lack much name recognition in the legal community in general, but many of the names are also not too familiar for those who specialize in Criminal Law(not that Criminal Law is the ONLY aspect of a JP's calendar, but it is the most important and dominant element).

So, the ones, on this list, who have been practicing a number of years, simply have not established too much of a reputation or are otherwise relatively unknown in the legal community. Other names on the list may simply be attorneys who are relatively young with just a few years of experience, and not really too established yet.

I have simply never seen a list of judicial applicants which includes so many names that are totally unfamiliar to me.

Could be that Rob Walsh is the best and safest bet in the lot. He's been practicing for about three decades, including quite a bit of criminal defense, and I believe(if memory serves)he may have been an interim JP(or Muni. Judge) who completed the remainder of someone's term.

Now, my remarks must be tempered with at least two obvious qualifiers. First, just because many of the names are unfamiliar to me, they may be quite familiar to others and some of them may in fact be solid candidates.

Secondly, we are talking about a JP appointment, not appointment to District or Appellate courts. There have been people who have has relatively limited experience as a practitioner, but have then hit the ground running when appointed as a JP or Muni. Court Judge.

Anonymous
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Anonymous
July 9, 2021 7:33 pm
Reply to  Anonymous

Public Defender's office: Maxwell Berkley, Nadia Hojjat, Fikisha Miller, Katrina Ross, Tracy Hibbetts, Bernard Little. Best of this group is probably Max Berkley. However, considering that the recent group of public defenders is currently making a mess of the law on the bench, probably not the best pool to choose from.

Private attorneys: Cybil Dotson, Daniel Hill, Mark Karras, Yi Lin Zhing, Nadine Morton, Rob Walsh. Best among this group is probably Yi Lin Zhing. Walsh has sat in as a JP before but he's frequently wrong on the law, civil and criminal.

District Attorney's Office: Danielle Pieper, Dena Rinetti. Best from this group would probably be Danielle Pieper.

Anonymous
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Anonymous
July 9, 2021 8:08 pm
Reply to  Anonymous

Did you really just write this? State Bar should not tolerate racist shit.

Ben Nadig
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Ben Nadig
July 9, 2021 8:09 pm
Reply to  Anonymous

It’s good to know that anonymity keeps racism alive… good for you, do you have to duck when you go through a door cause your pointy hood could come off?

Anonymous
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Anonymous
July 9, 2021 8:12 pm
Reply to  Anonymous

After what happened in the last cycle why would we expect ANYONE of note would apply for this job? They need to run almost immediately and are assured of getting at least one challenger, likely equally unqualified. The voters will do no research and check the box for the first woman on the ballot.

Anonymous
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Anonymous
July 9, 2021 8:19 pm
Reply to  Anonymous

Its funny…..cause its true.

Anonymous
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Anonymous
July 9, 2021 8:29 pm
Reply to  Anonymous

1:09–some comment(s) must have been deleted. I saw no racist post.

12:33 offered some observations about the candidates. I did not see any reference to race or gender, or anything.

Or perhaps this is some sort of subtle humorous exchange, and I am just slow on the take.

Anonymous
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Anonymous
July 9, 2021 8:48 pm
Reply to  Anonymous

108, second

Anonymous
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Anonymous
July 9, 2021 8:58 pm
Reply to  Anonymous

what was deleted?

law.dawg
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law.dawg
July 9, 2021 9:00 pm
Reply to  Anonymous

Some stupid racist bullshit.

Anonymous
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Anonymous
July 9, 2021 9:05 pm
Reply to  Anonymous

Thank you, law dawg. Bigot is an asshole.

Anonymous
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Anonymous
July 9, 2021 9:06 pm
Reply to  Anonymous

1:29–Although 12:33 did not say or imply anything overt(as to race),it may well be that when 12:33 condemns the performance of the P.Ds who were recently elected as judges, that some see that as a racially motivated comment as several of these former PD, newly elected judges, are African American.

At least that is why I believe 12:33 is being challenged on this issue.

Anonymous
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Anonymous
July 9, 2021 6:15 pm

11:09, I've been licensed 35 years and had the same reaction.

I never saw a slate of judicial applicants with so many names that are totally unfamiliar to me.

Now, I don't have a lot of Criminal Law experience, and perhaps most of these applicants mainly practice Criminal Law, which may help explain why I never heard of them. But usually when there is a judicial vacancy, I am familiar with several of the names, and know a bit about their reputations, even if they mainly practice in areas other than the areas I practice in.

Like you, the only name that is quite familiar to me is Rob Walsh, and, yes, he was an interim judge, and probably also serves as a pro tem.

Anonymous
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Anonymous
July 9, 2021 6:18 pm

Like the above two posters, I was also surprised that I really didn't recognize more than a name or two.

But who I,or the other posters, heard of or haven't heard of in no way establishes that there are not good applicants here. Some of them may be excellent applicants.

Anonymous
Guest
Anonymous
July 9, 2021 6:24 pm

11:09–you say you can only speak for yourself and not others, but then you kind of speak for others when you indicate that attorneys who practice in criminal law are also not too familiar with these applicants.

That said, I did have the same reaction as you and the two who posted after you–I recognize very few of these names.

Anonymous
Guest
Anonymous
July 9, 2021 6:25 pm

A few of those applicant names are concerning, and a few unknown. Fikisha Miller, however, does not strike me as a bad choice. She did pretty well in the primary for Kephart's seat last year, has been practicing for 20 years, and has public and private practice experience. Relative to some of the candidates who won district court seats recently, she seems like a solid JP option.

Anonymous
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Anonymous
July 9, 2021 8:56 pm
Reply to  Anonymous

did she even get to the general election?

Anonymous
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Anonymous
July 12, 2021 7:00 pm
Reply to  Anonymous

No. Crystal Eller and Kephart made it to the general but she did garner a fair number of votes (not that getting votes=solid judical credentials as we all know).

Anonymous
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Anonymous
July 9, 2021 6:43 pm

No, Nadine Morton. I still support Dena Rinetti.

Anonymous
Guest
Anonymous
July 9, 2021 6:46 pm

11:25,yes.I had the same reaction as you(that Fikisha Miller could be a decent choice) and the others(that Rob Walsh could be a good choice).

But beyond those two, I don't have much to say about the other 12.

Ben Nadig
Guest
Ben Nadig
July 9, 2021 7:36 pm
Reply to  Anonymous

Maxwell Berkley – PD and son of Shelley Berkely, great attorney and great human being, Cybil Dotson – private attorney, don't know how much crim she has ever done, Tracy Hibbetts, aka Tracy Ip, public defender also a solid attorney, she gets it, Daniel Hill, private attorney, good friend of mine, excellent attorney. He was on both the Palafox trial and the Bundy trial, two NG's on high profile cases in Fed Ct, Nadia Hojjat, PD, very passionate about her clients, Mark Karras, don't know anything about him, Bernard Little, PD, smart dude. his dad was the best boss I ever had when I was a city attorney, Fikisha Miller, PD, smart woman, funny as all hell, would be an good choice, Nadine Morton, private defense attorney, she has been around for a minute, Danielle Pieper, gun crimes team chief for the DA's office, smart and funny woman, she would be hilarious on the bench, Dena Rinetti, DA team chief for one of the tracks, funny, smart and a true believer in what she does, Katrina Ross, PD, smart woman, somewhat introverted in my interactions with her, experienced, Rob Walsh, smart guy, funny guy, he understands the job of a JP, and Yi Lin Zhing, private attorney, used to be John Momot's associate until he passed and then she cleaned up his practice. Smart woman, hard worker, very motivated. I don't think the committee will go wrong with whoever they pick but I think it is going to be a very interesting vetting process.

Anonymous
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Anonymous
July 9, 2021 11:03 pm
Reply to  Anonymous

So Bernard Little is Ben Little's son?

Anonymous
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Anonymous
July 10, 2021 9:09 pm
Reply to  Anonymous

Yes he is

Anonymous
Guest
Anonymous
July 9, 2021 7:12 pm

CCSD – minimum grade 50% ??
What? The school district is already passing out diploma's by the handful to kids who can't add 2 + 2. If the grading policy bar gets as low as proposed, might as well just hand out a HS diploma for showing up on the first day.
… No wonder so many parents are choosing private schools over public, and paying huge amounts to do so.

Anonymous
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Anonymous
July 9, 2021 7:34 pm

I don't get to say this often (or, never, to be more precise) but good on Aaron Ford.

Anonymous
Guest
Anonymous
July 9, 2021 7:40 pm

Haven't you heard? Everybody gets a participation trophy, because "you tried."

Anonymous
Guest
Anonymous
July 9, 2021 8:43 pm

A lot of these posts point to the relative lack of name recognition, in the legal community, as to many of these judicial applicants.

Years ago, a mentor explained to me that with thousands of attorneys in our community, that one must do more to establish positive name recognition than simply concentrating for two or three decades on being a solid attorney. He pointed out that many reasonably successful attorneys toil away in relative obscurity.

Now, if that serves their purposes, and they are paying the bills, that is fine. But if one wants more–like being a go to person for referrals when great cases, in the area such attorney practices in, become available, one needs to have relatively high positive name-recognition in the legal community, or at least among the pool of attorneys who also practice in that area.

And, I was told, if I ever wanted to get political, such as running or applying for judge, that much more must be done to build name recognition–join influential clubs and organizations, become a commentator for a media outlet, write articles(on line or for magazine publication) on areas of the law, or a gazillion other suggestions to build name recognition, and to increase the connections and influence of such attorney.

And he pointed out the dynamic which we now see in high relief with this list of applicants, who are unknown to many of these posters: you will never get appointed to anything merely by toiling away and being a good attorney in your selected field. Unless you build name recognition, and build your influence and connections by getting involved in matters well beyond your practice and your family, you will never have the juice to get appointed to anything.

No one ever gets appointed as a judge simply because they are a real fine attorney. The person appointed is usually never the most talented attorney in a group of applicants, but is a attorney with connections, influence, and who, candidly, may profile in certain ways.

An dthat'sey, but most attorneys don't know who you are, and you get involved in nothing beyond your practice, donlt bothe rapplying.

Anonymous
Guest
Anonymous
July 9, 2021 8:57 pm

1:43,looks like you forgot to spell check your last sentence, or you had a sudden neurological episode. Hope you are okay.

At any rate, part of me wants to largely dismiss your post as being somewhat cynical and jaded, as I am tempted to argue that I have far more faith than you in the system and the process.

But I remember something I was told years ago(albeit third hand hearsay)from someone who is friends with someone on the Screening or Interview Committee(or whatever the committee is called–the one thins the herd to three names to advance to the Governor when appointing a District Judge).

They said that if an applicant responds to questions concerning community involvement, or involvement with any special worthy projects, by responding that they have been too busy practicing law to get involved with anything else, that such person is never advanced as one of the final three names regardless of how skilled they may be as a practitioner.

But now that I reflect on it for a minute, I now realize I kind of agree with that approach. Do we want our benches totally populated with people who have never done anything with their lives and time, except to practice law in order to make a good living for themselves. People who have never done anything to benefit others in the community?

Anonymous
Guest
Anonymous
July 9, 2021 9:39 pm
Reply to  Anonymous

This is a different selection committee, one picked by the County Commissioners but the advice may be the same.

Anonymous
Guest
Anonymous
July 9, 2021 9:12 pm

1:43 and 1:57: I don't know if I agree with such approach. The primary qualification should be if one is a skilled, experienced and ethical attorney.

Community and political involvement sounds great on the surface, but too much of it can bring into the equation questions of potential conflicts, or at least where the new judge's sympathies lay, when certain subsequent disputes arise.

If we have a judge who, as a practitioner, was sort of in a bubble and got involved in nothing much beyond his/her practice, we can have a greater degree of confidence in their independence and that they are beyond these outside political and activist influences.

But that said, I acknowledge the selection committees would disagree with that, and they look for applicants who have a real varied background, and heavy community involvement, as opposed to people who did nothing much beyond practicing law.

Anonymous
Guest
Anonymous
July 9, 2021 10:02 pm
Reply to  Anonymous

I think what we are discussing is what "IS" versus what "SHOULD BE".

Lets not kid ourselves, "who you know" is still more important in this town than "what you know" or rather how skilled a practitioner you are. Matters not which "committee" you are in front of.

Anonymous
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Anonymous
July 9, 2021 11:10 pm
Reply to  Anonymous

@ 3:02: No, no you are wrong. It's who you blow, not what you know.

Anonymous
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Anonymous
July 10, 2021 12:27 am
Reply to  Anonymous

The primary qualification is:
– female
– politically connected, otherwise known as "juice"
Skill, talent and scholarly achievements don't count.

Anonymous
Guest
Anonymous
July 10, 2021 2:06 am

I am at my lowest point as a lawyer. If you speak with me in real life, there is no way you would know. Assume that every colleague you interact with is where I am, because many of us are. Small things like a friendly, respectful conversation with opposing counsel go a long way.

Anonymous
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Anonymous
July 10, 2021 5:00 am
Reply to  Anonymous

I love you!

Anonymous
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Anonymous
July 10, 2021 11:16 am
Reply to  Anonymous

you millenials are softer than puppy crap.
Sorry all your dreams wont come true buttercup

Anonymous
Guest
Anonymous
July 10, 2021 3:31 pm
Reply to  Anonymous

4:16 don't assume 7:06 is a millennial. I am a jaded Gen X and I feel he same way. And why are you posting on a blog at 4am?

Anonymous
Guest
Anonymous
July 10, 2021 3:40 pm
Reply to  Anonymous

4:16 is a drunk insurance defense freak. Don't listen to him. I am sure he is the head of the household. Get help, or talk to family. Horrible times right now. I have seen the worse in people.

Anonymous
Guest
Anonymous
July 12, 2021 3:42 am
Reply to  Anonymous

Get other cash streams going so when you're 55-60, or maybe even younger, you don't have to be hauling ass 60-70 hours a week. Most lawyers I know wouldn't mind practicing until they are quite old, but none of them wants to be having to as hard as and experiencing the day-to-day panic and stress level a new associate frequently feels.

Anonymous
Guest
Anonymous
July 10, 2021 2:17 am

I hope things work out for you . Things suck in our profeszion. I am being bullied by multiple counsel on different cases.You are not alone. This profession is 95 sociopaths. I am documenting everything. I encourage you to find friends outside the profession or see a therapist. Take care of yourself. Fuck the douches.

Anonymous
Guest
Anonymous
July 10, 2021 4:28 pm
Reply to  Anonymous

Fuck the douches, my new mantra. Get out and circulate. Get some me time. Deep breaths. I am dealing with an oc who lies through her teeth, and who spears empty threats constantly. This is the new normal. Don't take shit. Relax, and do walking, casino time, volunteering, or see a therapist. Do whatever helps you to deal with high stress. Your health was too important for a paycheck.

Anonymous
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Anonymous
July 10, 2021 7:37 pm
Reply to  Anonymous

Is

Anonymous
Guest
Anonymous
July 10, 2021 8:33 pm
Reply to  Anonymous

I'm being bullied by my boss. And I thought opposing counsels were the worst. Nope.

Anonymous
Guest
Anonymous
July 10, 2021 8:33 am

I can relate and most on the outside would never know. Thanks for sharing, and we're worried – get the help you need. And I think "Fuck the douches" is going to replace "Who you people" for me

Anonymous
Guest
Anonymous
July 10, 2021 8:30 pm

I have been here 25 years, big firm, I never refuse a professional courtesy and for the most part never had my requests refused. But more and more I have cases where there is a constant failure to abide by any deadline, and I am always being asked for some type of extension. What was once a rare event is now the norm. It bugs me b/c I abide by the rules and insist that my employees do the same. When do I get to say no?

Anonymous
Guest
Anonymous
July 10, 2021 10:48 pm
Reply to  Anonymous

Concur. But twenty five years ago discovery was less burdensome. Judges would issue sanctions for non-compliance. Attorneys were more mindful of their obligations. That said, you might be wanting to say "eat shit and die", but probably should say something like:
"Counsel, Out of respect and professional courtesy, I have acquiesced to two prior extensions. I regret that my duty to my client prevents me from another accommodation.
Regards"

Anonymous
Guest
Anonymous
July 11, 2021 12:03 am
Reply to  Anonymous

If it's a California attorney, just tell him to fuck off. They are miserable creatures. If it's a Nevada attorney who hails from California, use the agreeable language above. If it's a Nevada attorney who is Nevadan, keep granting extensions. We need to stick together.

Anonymous
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Anonymous
July 12, 2021 3:22 pm

Seriously need a like button.

Anonymous
Guest
Anonymous
July 12, 2021 4:09 pm
Reply to  Anonymous

Yes