Rocket Reporters (formerly CSR). Been using them exclusively for 20+ years. Just the best in every possible way.
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Anonymous
May 2, 2019 3:52 pm
Board of Governors Election: I am getting a lot of e-mails to vote for Katrina Ross who is a deputy public defender. Nothing from her about transparency and bringing in the reigns on the State Bar. I am leaning toward Casey Quinn and Scott Lachman. The big concerning issue that went down in flames were the random trust audits. Let's not forget we dodged a bullet on that one. Albregts informed me he opposed it and that it would fail. Richard Dreitzer will listen to the concerns of the members. Have not heard much about Catherine Mazzeo and her position on transparency. Kari Stephens was voted off the Board but would listen to the concerns of the members. She was former President of the Clark County Bar. Anyone else have any thoughts or recommendations?
"Kari Stephens was voted off the Board but would listen to the concerns of the members." We don't need listening, we need ACTION. Stephens supports continued out of state convention meetings. I believe she supported random audits, although I could be wrong.
Kari Stephens did exactly ZERO to defend members of our profession. She is a nice lady but did not do anything to profoundly make things better. She represents everything about the Board of Governors as grownup Student Council that I despise.
Sorry to be a broken record but 8:52 what are you looking for that is not transparent right now? Have you looked or asked for information that was somehow not available or was refused? if so what? Also what needs to be "reigned in"? If we are going to have a discussion, generalized bitching is not helpful.
Not 8:52, but for one thing, the budget is not transparent. As noted in the comments yesterday, the BOG minutes only superficially touch on what happened. The annual report has one page with little detail. There have been several proposals and ADKTs in the last few years that fly in the face of logic and that were put forth without asking the bar what they think. Now, I understand that we elect the BOG to do some of that without bothering us about it, but the way things have gone does little to instill confidence that they're looking our for out best interests.
10:40– I would turn the question around based upon yesterday's discussion and ask "What is transparent?" There is this general concept (and it has been reiterated by the few BoGs who have shown their face here) that if you have concerns or want to know what we are doing, come ask me. I want you to tell me what you are doing– report back to me before you do it and then report back to me after you do it. There is no transparency.
There was a comment regarding members going to the BoG Meetings. Do you know when the BoG meetings are? No one does (except that they are going to have one in Vail) nor what is being considered and discussed. This concept that we all are voiceless minions subject to the will of the Board has the concept of who serves who backwards.
Terry Coffing always returns my phone calls, though it can take a little time. I get the impression he is a fairly busy guy but have always found him reasonably responsive nonetheless.
The NV Bar MUST be audited every year by a truly independent, disinterested third party and the audit must provide a list of every expenditure both regulatory in nature and non-regulatory. Where is the proof of compliance with the mandates of Keller v. State Bar of California? There is currently in Texas, a lawsuit against the Texas Bar brought by three Texas lawyers. They want to know, “Is it constitutional to require Bar members to pay compulsory Bar dues, including to support Bar programs … that Bar members object to on First Amendment grounds (e.g., free speech, freedom of association), inclμding programs that are not within the regulatory functions of the State Bar?”
Because the SBN is NOT transparent, we have no way to know if we are funding the same unconstitutional activities in Nevada that the Texas Bar is accused of. Is the solution for members to attend BOG meetings or to individually call someone on the board (who is likely as clueless as the rest of us)to ask about where our money is going? REALLY? Who has that kind of time? Those aren't solutions. Put the burden where it belongs, on the people who have are money and are spending it without any accountability. And sorry the high level, not-detailed financial disclosures provided via that slick BS 'annual report' the SBN puts out every year isn't worth the time to wrap a mackerel in it.
Members do not know how the funding they are forced to provide every year is being spent. Does, for example, anyone even know how much total annual compensation is paid to bar management, especially to Kim Farmer? Does anyone have a single clue how much of members mandatory assessments is paid out every year for boondoggles, meals, travel, and most of all for lobbying? And does the bar give away any of our mandatory assessment money to any special interest specialty bar associations that may or may not be taking ideological or political positions in contravention of Keller?
4:20– You are absolutely paying for activities prohibited under Keller and will continue to do so until someone takes action. However the Governors are not stupid. Who is legitimately going to file and fund a lawsuit against the State Bar?
I see lots of people bitching about the "lack of transparency" of the bar. Have any of you actually tried to get a copy of the budget, expenditures, etc., and been denied?
Could it be something so simple as a public records request?
No it is not. State Bar is not a public or state agency (see the Errico case that was discussed here last week). The records of the State Bar are not subject to FOIA or public records requests.
I also see a lot of people pointing to other people who they think should lead the charge against the State Bar, if not for their lack of balls or their inherent patsyism, while not seeing the complete lack of self-awareness in their posts that show that they are, in fact, also without balls.
@4:20 points out the lack of transparency and 8:19 reminds that FOIA doesn't apply to State Bar. Inexplicable I can get on line and see how much a level 2 clerk is paid in the AG's office. But, I can't get on line and see how much Kim Farmer is paid? If there is a report or link or something somewhere that has that info, please post it. If financial information isn't public, I can only surmise that Kim and the State Bar are hiding details of finances for a reason. I wonder if the BOG (aka Student Government) knows the details.
I read Errico, and I'm not convinced it means that the state bar is not a "governmental entity" for purposes of the public records law (NRS Chapter 239), and as defined in that statute. Errico dealt with NRS Chapter 239A, which uses and defines the term "governmental agency," which is arguably narrower.
Keller, cited by Errico, also involved an entirely different question. Neither of them addressed whether the State Bar is subject to the public records law, nor do I think that is the necessary implication of Errico. Is there some other authority that clearly states that the public records law does not apply to the State Bar?
Has anyone actually made a formal public records request (i.e., a written request using the magic words "public records request pursuant to NRS 239.010") for the budgets, financial, etc., and had it denied?
@11:42; I think the critical missing fact from the analysis is whether there has ever been a determination of whether the State Bar is an independent governmental entity (agency or other term), or rather is merely an arm of the Supreme Court.
If it is an independent entity it would fall within the Executive Branch and therefore be subject to the public records law. If, however, it is merely an arm of the Supreme Court, it would be part of the Judicial Branch and not subject to the public records act as the NSC has previously held that the Judicial Branch is not subject to the public records law under the separation of powers doctrine.
Not withstanding that holding, the courts generally will cough up the majority of records that would otherwise be covered by the public records laws, in the interest of transparency, unless under a balancing test there is a legitimate interest in maintaining the record private.
12:06 is correct. Assuming there is not a controlling precedent in Nevada, it's almost certain the Nevada Supreme Court would hold the State Bar is an arm of the Court and thus the Court gets to regulate what is and is not public information that is housed at the State Bar. There is case law that the State Bar is entitled to governmental immunity from suit under the Eleventh Amendment because it is an arm of the state.
"In light of the basis for our disposition of this appeal, we do not address the applicability of the NPRA to the State Bar." Birch v. State Bar, 2017 Nev. App. Unpub. LEXIS 528 *, fn 2, 2017 WL 3525855
Birch basically affirmed because the plaintiff didn't show that he actually made a public records request, hence no need to resolve whether the public records law applies to the bar. So apparently whether the law applies to the bar was an open question at least as of 2017. Is there anything more recent than 2017 that I am missing?
True, the court may eventually rule that the State bar is an arm of the court, and therefore the PRA does not apply, because of separation of powers. Which I suppose would leave litigation as the only way to get the records.
It just strikes me as absurd that the Bar would keep secret documents related to its budget, expenditures, revenues, etc., and I frankly have a hard time believing that the Bar wouldn't cough up the records if someone actually asked (and did it the right way).
Every other licensing board in the state clearly has to release these. (I recognized that those other boards are clearly covered by the PRA.) What possible justification could there be for the bar to keep those types of records secret?
I'm not talking about minutiae concerning a particular disciplinary matter, or anything like that. And some personal information of bar employees should not be public.
But budgets, expenditures, revenues, etc., like all other licensing boards must produce? Should be fair game.
Because that's not how entrenched bureaucracies with no legal obligation to produce records work. Even the bureaucracies that do have legal obligations to hand over public records don't work that way. The justification for the bar to keep the records secret is because they can. And because they don't want to invite public scrutiny. Just the way that works.
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Anonymous
May 2, 2019 3:57 pm
Used to use Associated. Made the Seatons very rich. When it became Esquire, the service plummeted. I used Oasis for awhile because I liked Bill, and he seemed like an earnest guy. Now honestly we call whomever my WorkWife chooses to call because I just do not have enough time to worry about the color of the drapes.
Unless her brother is a court reporter, who works with her,and who she sometimes sends in place of her, what difference does it make what her siblings are like?
Does this yellow-eyed, yellow-teethed, green-haired jerk even work as a court reporter?
I was bar hopping down on Fremont Street about a year ago with my brother Ralphie when Scut and his toadie Grover Dill tried to pick a fight with us. We were walking back to our car. There he stood, between us and the our car. Scut Farkus staring out at us with his yellow eyes. He had yellow eyes! So, help me, God! Yellow eyes! I'm not a fighter, but Scut forced my hand and I had to pin him down and beat the shit out of him. He wailed like a little girl. Never had any problems with him or his toadie since.
The important and as yet unanswered question here is how much importance or relevance should we give Scut Farkas' bullying ways when deciding whether to employ Kim for our court reporting services needs?
Really? After the comments above, you think the question is whether to use Kim? Well, points for focus.
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Anonymous
May 2, 2019 4:24 pm
I have a question for everyone about NRS 112 and fraudulent transfers. I have a judgment against a Defendant that I am about to enforce and execute on. It looks like D. may have transferred all or substantially all of his assets to a family member to avoid execution. The family member is not a party to the underlying lawsuit, and, in fact, lives out of state. Do I need to initiate a separate lawsuit against the family member or can I simply have the Court declare the transfers void through motion work in the existing lawsuit?
New case against transferor and transferee for fraudulent transfer under relevant statutes.
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Anonymous
May 2, 2019 10:45 pm
Kele Smith at Litigation Services. She is great at her job and just a cool person.
Guest
Anonymous
May 3, 2019 12:53 am
The case that will NEVER die: Washington v. AA Primo Builders (No. 74101). This is the case that you may recall Teddy Parker was really sneaky, filed a Motion for Attorneys Fees against AA Primo Builders, and then filed a "Supplement" in which he said "And award attorneys fees against attorney Becky Pintar also." When Pintar did not oppose it (because she admitted that she did not read it), Walsh granted the Motion. Court of Appeals reversed and sent it back down for another hearing.
Crockett denied the renewed Motion for Attorneys Fees and said that there was no evidence that Pintar knew that the contract was void. Supreme Court reversed and remanded again and said Crockett got it wrong and has to have an evidentiary hearing.
I have no idea the amount of hate that would lead Teddy and Becky to keep this up against one another but Jesus…..
I don't think it has anything to do with Pintar. I had a case with Parker on the other side a few years ago and he pulls this stuff all the time. In my opinion it was intentional misrepresentation to the court by omission of certain critical facts to skew the argument.
Rocket Reporters (formerly CSR). Been using them exclusively for 20+ years. Just the best in every possible way.
Board of Governors Election: I am getting a lot of e-mails to vote for Katrina Ross who is a deputy public defender. Nothing from her about transparency and bringing in the reigns on the State Bar. I am leaning toward Casey Quinn and Scott Lachman. The big concerning issue that went down in flames were the random trust audits. Let's not forget we dodged a bullet on that one. Albregts informed me he opposed it and that it would fail. Richard Dreitzer will listen to the concerns of the members. Have not heard much about Catherine Mazzeo and her position on transparency. Kari Stephens was voted off the Board but would listen to the concerns of the members. She was former President of the Clark County Bar. Anyone else have any thoughts or recommendations?
"Kari Stephens was voted off the Board but would listen to the concerns of the members." We don't need listening, we need ACTION. Stephens supports continued out of state convention meetings. I believe she supported random audits, although I could be wrong.
Kari Stephens did exactly ZERO to defend members of our profession. She is a nice lady but did not do anything to profoundly make things better. She represents everything about the Board of Governors as grownup Student Council that I despise.
Vote Terry Coffing out when his term is up. Will not return a phone call.
Sorry to be a broken record but 8:52 what are you looking for that is not transparent right now? Have you looked or asked for information that was somehow not available or was refused? if so what? Also what needs to be "reigned in"? If we are going to have a discussion, generalized bitching is not helpful.
Not 8:52, but for one thing, the budget is not transparent. As noted in the comments yesterday, the BOG minutes only superficially touch on what happened. The annual report has one page with little detail. There have been several proposals and ADKTs in the last few years that fly in the face of logic and that were put forth without asking the bar what they think. Now, I understand that we elect the BOG to do some of that without bothering us about it, but the way things have gone does little to instill confidence that they're looking our for out best interests.
10:40– I would turn the question around based upon yesterday's discussion and ask "What is transparent?" There is this general concept (and it has been reiterated by the few BoGs who have shown their face here) that if you have concerns or want to know what we are doing, come ask me. I want you to tell me what you are doing– report back to me before you do it and then report back to me after you do it. There is no transparency.
There was a comment regarding members going to the BoG Meetings. Do you know when the BoG meetings are? No one does (except that they are going to have one in Vail) nor what is being considered and discussed. This concept that we all are voiceless minions subject to the will of the Board has the concept of who serves who backwards.
Quinn is a patsy. Says one thing but if pressed will turn. That's my experience.
Terry Coffing always returns my phone calls, though it can take a little time. I get the impression he is a fairly busy guy but have always found him reasonably responsive nonetheless.
The NV Bar MUST be audited every year by a truly independent, disinterested third party and the audit must provide a list of every expenditure both regulatory in nature and non-regulatory. Where is the proof of compliance with the mandates of Keller v. State Bar of California? There is currently in Texas, a lawsuit against the Texas Bar brought by three Texas lawyers. They want to know, “Is it constitutional to require Bar members to pay compulsory Bar dues, including to support Bar programs … that Bar members object to on First Amendment grounds (e.g., free speech, freedom of association), inclμding programs that are not within the regulatory functions of the State Bar?”
Because the SBN is NOT transparent, we have no way to know if we are funding the same unconstitutional activities in Nevada that the Texas Bar is accused of. Is the solution for members to attend BOG meetings or to individually call someone on the board (who is likely as clueless as the rest of us)to ask about where our money is going? REALLY? Who has that kind of time? Those aren't solutions. Put the burden where it belongs, on the people who have are money and are spending it without any accountability. And sorry the high level, not-detailed financial disclosures provided via that slick BS 'annual report' the SBN puts out every year isn't worth the time to wrap a mackerel in it.
Members do not know how the funding they are forced to provide every year is being spent. Does, for example, anyone even know how much total annual compensation is paid to bar management, especially to Kim Farmer? Does anyone have a single clue how much of members mandatory assessments is paid out every year for boondoggles, meals, travel, and most of all for lobbying? And does the bar give away any of our mandatory assessment money to any special interest specialty bar associations that may or may not be taking ideological or political positions in contravention of Keller?
The timing is now to put pressure on the SBN. https://www.law.com/nationallawjournal/2019/02/14/us-supreme-court-ruling-fuels-suits-challenging-mandatory-bar-fees/
4:20– You are absolutely paying for activities prohibited under Keller and will continue to do so until someone takes action. However the Governors are not stupid. Who is legitimately going to file and fund a lawsuit against the State Bar?
Gentile would. I thought he did until a he lost his balls, and is now a Summerlim cat sitter.
I see lots of people bitching about the "lack of transparency" of the bar. Have any of you actually tried to get a copy of the budget, expenditures, etc., and been denied?
Could it be something so simple as a public records request?
No it is not. State Bar is not a public or state agency (see the Errico case that was discussed here last week). The records of the State Bar are not subject to FOIA or public records requests.
I also see a lot of people pointing to other people who they think should lead the charge against the State Bar, if not for their lack of balls or their inherent patsyism, while not seeing the complete lack of self-awareness in their posts that show that they are, in fact, also without balls.
@4:20 points out the lack of transparency and 8:19 reminds that FOIA doesn't apply to State Bar. Inexplicable I can get on line and see how much a level 2 clerk is paid in the AG's office. But, I can't get on line and see how much Kim Farmer is paid? If there is a report or link or something somewhere that has that info, please post it. If financial information isn't public, I can only surmise that Kim and the State Bar are hiding details of finances for a reason. I wonder if the BOG (aka Student Government) knows the details.
If you try to investigate, you will be told that it is a private matter. I have tried to get the details of Kim F.'s salary.
I read Errico, and I'm not convinced it means that the state bar is not a "governmental entity" for purposes of the public records law (NRS Chapter 239), and as defined in that statute. Errico dealt with NRS Chapter 239A, which uses and defines the term "governmental agency," which is arguably narrower.
Keller, cited by Errico, also involved an entirely different question. Neither of them addressed whether the State Bar is subject to the public records law, nor do I think that is the necessary implication of Errico. Is there some other authority that clearly states that the public records law does not apply to the State Bar?
Has anyone actually made a formal public records request (i.e., a written request using the magic words "public records request pursuant to NRS 239.010") for the budgets, financial, etc., and had it denied?
Andrew Craner is going to kick ass and take names.
@11:42; I think the critical missing fact from the analysis is whether there has ever been a determination of whether the State Bar is an independent governmental entity (agency or other term), or rather is merely an arm of the Supreme Court.
If it is an independent entity it would fall within the Executive Branch and therefore be subject to the public records law. If, however, it is merely an arm of the Supreme Court, it would be part of the Judicial Branch and not subject to the public records act as the NSC has previously held that the Judicial Branch is not subject to the public records law under the separation of powers doctrine.
Not withstanding that holding, the courts generally will cough up the majority of records that would otherwise be covered by the public records laws, in the interest of transparency, unless under a balancing test there is a legitimate interest in maintaining the record private.
12:06 is correct. Assuming there is not a controlling precedent in Nevada, it's almost certain the Nevada Supreme Court would hold the State Bar is an arm of the Court and thus the Court gets to regulate what is and is not public information that is housed at the State Bar. There is case law that the State Bar is entitled to governmental immunity from suit under the Eleventh Amendment because it is an arm of the state.
"In light of the basis for our disposition of this appeal, we do not address the applicability of the NPRA to the State Bar." Birch v. State Bar, 2017 Nev. App. Unpub. LEXIS 528 *, fn 2, 2017 WL 3525855
Birch basically affirmed because the plaintiff didn't show that he actually made a public records request, hence no need to resolve whether the public records law applies to the bar. So apparently whether the law applies to the bar was an open question at least as of 2017. Is there anything more recent than 2017 that I am missing?
True, the court may eventually rule that the State bar is an arm of the court, and therefore the PRA does not apply, because of separation of powers. Which I suppose would leave litigation as the only way to get the records.
It just strikes me as absurd that the Bar would keep secret documents related to its budget, expenditures, revenues, etc., and I frankly have a hard time believing that the Bar wouldn't cough up the records if someone actually asked (and did it the right way).
Every other licensing board in the state clearly has to release these. (I recognized that those other boards are clearly covered by the PRA.) What possible justification could there be for the bar to keep those types of records secret?
I'm not talking about minutiae concerning a particular disciplinary matter, or anything like that. And some personal information of bar employees should not be public.
But budgets, expenditures, revenues, etc., like all other licensing boards must produce? Should be fair game.
Because that's not how entrenched bureaucracies with no legal obligation to produce records work. Even the bureaucracies that do have legal obligations to hand over public records don't work that way. The justification for the bar to keep the records secret is because they can. And because they don't want to invite public scrutiny. Just the way that works.
Used to use Associated. Made the Seatons very rich. When it became Esquire, the service plummeted. I used Oasis for awhile because I liked Bill, and he seemed like an earnest guy. Now honestly we call whomever my WorkWife chooses to call because I just do not have enough time to worry about the color of the drapes.
Oasis. Locally owned, great service, and Bill has been very responsive whenever there's been a problem – and problems are few and far between.
Oasis is ok.
Oasis
Kim Farkas. Best in town.
Her brother Scott is kind of a jerk. He has yellow eyes. Yellow eyes!
I think he spells it Scut.
And I thought green teeth were bad.
Unless her brother is a court reporter, who works with her,and who she sometimes sends in place of her, what difference does it make what her siblings are like?
Does this yellow-eyed, yellow-teethed, green-haired jerk even work as a court reporter?
I was bar hopping down on Fremont Street about a year ago with my brother Ralphie when Scut and his toadie Grover Dill tried to pick a fight with us. We were walking back to our car. There he stood, between us and the our car. Scut Farkus staring out at us with his yellow eyes. He had yellow eyes! So, help me, God! Yellow eyes! I'm not a fighter, but Scut forced my hand and I had to pin him down and beat the shit out of him. He wailed like a little girl. Never had any problems with him or his toadie since.
He's such a bully.
11:16– Google "Scut Farkas" and you will quickly discover why one should never mess with him.
Is that the guy from a Christmas Story? He makes Steve Grierson look like a pussy cat.
The important and as yet unanswered question here is how much importance or relevance should we give Scut Farkas' bullying ways when deciding whether to employ Kim for our court reporting services needs?
Really? After the comments above, you think the question is whether to use Kim? Well, points for focus.
I have a question for everyone about NRS 112 and fraudulent transfers. I have a judgment against a Defendant that I am about to enforce and execute on. It looks like D. may have transferred all or substantially all of his assets to a family member to avoid execution. The family member is not a party to the underlying lawsuit, and, in fact, lives out of state. Do I need to initiate a separate lawsuit against the family member or can I simply have the Court declare the transfers void through motion work in the existing lawsuit?
Thanks in advance for your help.
File a new UFTA action.
New case against transferor and transferee for fraudulent transfer under relevant statutes.
Kele Smith at Litigation Services. She is great at her job and just a cool person.
The case that will NEVER die: Washington v. AA Primo Builders (No. 74101). This is the case that you may recall Teddy Parker was really sneaky, filed a Motion for Attorneys Fees against AA Primo Builders, and then filed a "Supplement" in which he said "And award attorneys fees against attorney Becky Pintar also." When Pintar did not oppose it (because she admitted that she did not read it), Walsh granted the Motion. Court of Appeals reversed and sent it back down for another hearing.
Crockett denied the renewed Motion for Attorneys Fees and said that there was no evidence that Pintar knew that the contract was void. Supreme Court reversed and remanded again and said Crockett got it wrong and has to have an evidentiary hearing.
I have no idea the amount of hate that would lead Teddy and Becky to keep this up against one another but Jesus…..
I don't think it has anything to do with Pintar. I had a case with Parker on the other side a few years ago and he pulls this stuff all the time. In my opinion it was intentional misrepresentation to the court by omission of certain critical facts to skew the argument.
I would tear that ruling to pieces. I cannot believe how dumb some of the judges are in this town.
Lol “supplement”
Tomorrow is the Las Vegas Indian Food Festival (at the Clark County Government Center). Everyone should go — https://www.facebook.com/INDIANFOODFESTLV/