Are we on our way to having campus carry in Nevada? [RJ]
Clark County will be paying a $2.075 million settlement to former foster children injured while in the County’s system. [RJ]
Today is the Las Vegas Municipal Primary–make sure you go vote if you want to complain later. [8NewsNow]
Curious about why Allegiant pilots were planning to strike? [KNPR]
The Eighth Judicial District Court Clerk is trying to make it easier to exercise a peremptory challenge by accepting electronic payments starting May 1. [eighthjdcourt blog]
Speaking of peremptory challenges, what do you think about the fact that it costs $450 just to exercise that right? Is that fair? Does it serve the purpose of preventing judge shopping?
There should be no peremptory challenges. If you have a basis to think the judge you drew is unfair or biased against you or your client, file a recusal motion. It's sleazy to permit judge shopping by rule, literal judge shopping in this case (for a fee).
How do I word a recusal motion when the issue is sheer stupidity and laziness?
Guest
Anonymous
April 7, 2015 5:21 pm
It's not really judge shopping though, because you don't get to pick the next judge. You may end up with a worse judge than the one you have. What it does though, is allows you to get out of the worst judges' departments without creating a huge issue.
However, I do think the fee disproportionately favors those who can actually afford to pay it. So the poor are the ones who end up getting stuck with the worst judges.
This is an important distinction because it leads almost everyone to have "the one" judge that you ALWAYS spin the deal wheel on. If not, you might actually get a worse judge. I suppose it could be "this judge" in CD cases but "that judge" in a PI case. In family court it was pretty clear that one judge got preempted by male attorneys/defendants. Not sure if there was an anti-female attorney/defendant judge but, if so, I suspect they got/get preempted when appropriate. Of course this is only a civil option. Getting a bad judge off a criminal case almost requires an act of congress or, as we often see, a conviction, followed by an appeal, with a sternly worded reversal saying "you got it wrong…should have gotten off the case…now reassign it to a competent judge and spend the free time not doing the retrial will afford you by considering the many ways in which you are a horrible judge." All of which could possibly be avoided with a $450.00 fee? A bargain.
Guest
Anonymous
April 7, 2015 5:22 pm
File a recusal motion? To be heard by the same judge that I feel is too incompetent to preside over the case in the first place? If it's sleazy to tried to get a judge that follows the law then I'll live with that.
I have filed a few recusal motions in both state and federal court. I usually contact the court by letter before I file to give the judge an opportunity to step aside.
$450 is cheap compared to being stuck with a judge for 1-3 (or more years) that raises the costs of litigation through ineptitude, disinterest, and/or unwillingness to make the tough decisions for which he/she was elected.
Pay it and be happy that peremptory challenges exist (sorry poor folks – life just aint fair).
Guest
Anonymous
April 7, 2015 8:54 pm
The ransom paid to save your case, goes into the judges' travel fund, so we can pay to transport them around to seminars in a manner befitting their exalted stations. Yes, they are all appreciative of Walsh, Miley, Smith, and Williams and all they do to keep the dough rolling in.
Thank you for the information. Just like speed traps help fatten the state coffers, incompetent judges help fund judicial education. A fine system we have here.
This is really a stupid story. So the professor made a cut and paste error and revealed that…. she looks at porn! OMG!!!!!!1111!!! The scandal. Oh, wait, EVERYONE looks at porn, including 2:25 PM, so NBD.
Here is another link on the same story. How come I never had profs like that? Seriously, wonder if it was virus or a problem. If a mistake on her part, she was obviously cutting and pasting the wrong link by mistake but still could be a virus. I got an e-mail containing allegedly racy photos of a star that I foolishly opened and wound up getting a hijack virus. I had to get McAfee remove the virus and it cost me a pretty penny. The virus took control of my web browser and directed you to their sites. The virus could not be removed by the removal program.
There should be no peremptory challenges. If you have a basis to think the judge you drew is unfair or biased against you or your client, file a recusal motion. It's sleazy to permit judge shopping by rule, literal judge shopping in this case (for a fee).
How do I word a recusal motion when the issue is sheer stupidity and laziness?
It's not really judge shopping though, because you don't get to pick the next judge. You may end up with a worse judge than the one you have. What it does though, is allows you to get out of the worst judges' departments without creating a huge issue.
However, I do think the fee disproportionately favors those who can actually afford to pay it. So the poor are the ones who end up getting stuck with the worst judges.
This is an important distinction because it leads almost everyone to have "the one" judge that you ALWAYS spin the deal wheel on. If not, you might actually get a worse judge. I suppose it could be "this judge" in CD cases but "that judge" in a PI case. In family court it was pretty clear that one judge got preempted by male attorneys/defendants. Not sure if there was an anti-female attorney/defendant judge but, if so, I suspect they got/get preempted when appropriate. Of course this is only a civil option. Getting a bad judge off a criminal case almost requires an act of congress or, as we often see, a conviction, followed by an appeal, with a sternly worded reversal saying "you got it wrong…should have gotten off the case…now reassign it to a competent judge and spend the free time not doing the retrial will afford you by considering the many ways in which you are a horrible judge." All of which could possibly be avoided with a $450.00 fee? A bargain.
File a recusal motion? To be heard by the same judge that I feel is too incompetent to preside over the case in the first place? If it's sleazy to tried to get a judge that follows the law then I'll live with that.
The chief judge is actually supposed to rule on these motions.
I have filed a few recusal motions in both state and federal court. I usually contact the court by letter before I file to give the judge an opportunity to step aside.
9:05 is correct. Once a motion to recuse is file the matter is assigned to the chief judge who then decides the issue.
Nothing about today's election on here? Does anyone know/care that today is election day? Is anyone exercising their right to vote?
I voted for Stavros Anthony for mayor and Leung for muni judge.
Same here
I did as well.
I didn't. Anthony would be horrendous.
$450 is cheap compared to being stuck with a judge for 1-3 (or more years) that raises the costs of litigation through ineptitude, disinterest, and/or unwillingness to make the tough decisions for which he/she was elected.
Pay it and be happy that peremptory challenges exist (sorry poor folks – life just aint fair).
The ransom paid to save your case, goes into the judges' travel fund, so we can pay to transport them around to seminars in a manner befitting their exalted stations. Yes, they are all appreciative of Walsh, Miley, Smith, and Williams and all they do to keep the dough rolling in.
Thank you for the information. Just like speed traps help fatten the state coffers, incompetent judges help fund judicial education. A fine system we have here.
This law professor would be a fine addition to the legal community here in Las Vegas: http://www.huffingtonpost.com/2015/04/07/professor-sends-porn-link-to-students_n_7020208.html
This is really a stupid story. So the professor made a cut and paste error and revealed that…. she looks at porn! OMG!!!!!!1111!!! The scandal. Oh, wait, EVERYONE looks at porn, including 2:25 PM, so NBD.
NOT EVERYONE LOOKS AT PORN.
^^^ Lol. And not everyone masturbates too, right?
Here is another link on the same story. How come I never had profs like that? Seriously, wonder if it was virus or a problem. If a mistake on her part, she was obviously cutting and pasting the wrong link by mistake but still could be a virus. I got an e-mail containing allegedly racy photos of a star that I foolishly opened and wound up getting a hijack virus. I had to get McAfee remove the virus and it cost me a pretty penny. The virus took control of my web browser and directed you to their sites. The virus could not be removed by the removal program.
http://www.philly.com/philly/education/Drexel_professor_sent_students_link_to_pornographic_video.html?c=r
I'd rather have the link the professor sent out.
LOL. Nicely played!