Five Minute Major

  • Law

  • The bill to implement appointed judges didn’t make it. Here’s a look at some other bills that didn’t survive deadline day. [TNI]
  • The AG Aaron Ford’s office is contracting with Eglet Prince, Ford’s former employer, to represent Nevada in a suit against opioid manufacturers. [TNI]
  • You can now get a gender neutral ID from the Nevada DMV. [LasVegasNow]
  • Meanwhile, a transgender man, represented by David Olshan at Nevada Legal Services, is suing the US Secretary of State’s office over denying him the passport gender marker he wants. [RJ]
  • The Golden Knights were eliminated from the playoffs last night after what will be remembered in Vegas as a controversial 5-minute major penalty. What do you think? Did the refs making the discretionary call blow it?[Las Vegas Sun; ESPN]
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Anonymous
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Anonymous
April 24, 2019 4:04 pm

It should have been a two minute minor if anything. It was a blown call. Gallant should have used a timeout after the second goal when the momentum was really starting to shift.

Anonymous
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Anonymous
April 24, 2019 4:21 pm
Reply to  Anonymous

Agree and agree. And yes a team should never give up 4 goals in 4 minutes even on a power play. But it was a terribly bollocks'd call.

Anonymous
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Anonymous
April 24, 2019 4:52 pm

It was an absolutely terrible call. That said, we blew a 3-1 series lead. We blew a 3-0 lead in game 7 with 10 minutes to go by giving up FOUR goals on the power play. We grabbed momentum back with 40 seconds to go on Marshy's game tying goal. At that point, the boys have to be in the locker room telling themselves to forget every thing that has happened the entire series. You are on even ground with the Sharks and whoever scores first keeps their season alive. Have to dig deep there and not make mental mistakes, which is what ended up happening with McNabb at the end. While the call was atrocious and a game-changer, I'm mostly disappointed we even let it get to that point. That's on us.

Anonymous
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Anonymous
April 24, 2019 5:11 pm
Reply to  Anonymous

Blow 3-1 series lead and 3-0 game lead = chokemaster. One bad call does not change that fact. Always next year!

Anonymous
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Anonymous
April 24, 2019 5:24 pm
Reply to  Anonymous

Ultimately, when it's all said and done, Fleury failed to stop Goodrow's game winning goal.

Anonymous
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Anonymous
April 24, 2019 5:27 pm
Reply to  Anonymous

You can't blame fleury for this loss. You can blame him for the game 6 overtime loss for letting that weak goal in.

The knights were looking really tired in the few minutes before the goal and you could totally see that they were going to lose. Then the d-man got walked by the opponent for basically a break away and it was a wrap.

Anonymous
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Anonymous
April 24, 2019 6:25 pm

I certainly understand the rationale behind eliminating judicial elections, and converting purely to an appointment system.

But this is something that would have to pass both the Assembly and the Senate, and then proceed to ballot, and be approved by a majority of voters in two consecutive elections, in order for our constitution to be amended.

That takes quite some doing. But twice within the last 30 years, the matter actually did survive both the Assembly and Senate, and made it to the ballot.
But both times the measure lost by double digits.

So, what's the point about again pursuing it? There is no real appetite for it among the public, so it is pointless to again pursue unless there is an expensive, aggressive P.R. campaign to attempt to educate the public about why judges should only be appointed, but not elected. There was such a campaign for the creation of the Appellate Court, which was successful(I won't get into whether the promises made during that campaign were all kept, such as the court having no real fiscal impact,beyond a few salaries, as the appellate judges would simply double up without he NSC and use their courtrooms and chambers, etc.).

But that campaign largely succeeded because it was based on asking the voters to approve something, which was in fact sold to them as being in their best interests. But trying to convince voters that they should voluntarily lose their right to vote for judges, is an extremely hard sell as it is based on convincing people to voluntarily deprive themselves of a right they currently have. And, further, it is based on a theme that the voters are too ignorant about the system to make an informed choice, and that the selection of judges should therefore be made by (what the public perceives as) some clandestine cadre of select power brokers.

People wish to retain the right to vote for judges, even though, admittedly, most voters probably know little or nothing about the judges or their performance.

But what's the big fixation on judicial elections? After all, the public knows little or nothing about many of the positons on the ballot, beyond, perhaps, party affiliation.

The public has no notion what a Public Administrator does, or a County Assessor, or a myriad of other positons that, in many respects, impacts more people's lives than what an individual judge does. Yet no one is clamoring that those offices convert to appointed positons

And I understand the judiciary needs to be viewed differently, and independently, from the other two branches, and therefore election of judges seems unseemly, creates aa potential taint and all that. But that theme is never referenced by the movement to appoint judges. Instead, they purely focus on the fact the public knows nothing about the actual performance and functions of judges, and therefore should not vote on them. Well, the public also knows nothing about the functions and performance of many public official positons on the ballot, yet no one is suggesting that they be deprived of the right to vote for those offices.

Anonymous
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Anonymous
April 24, 2019 7:30 pm

Let me see if I have what the proponents of this measure are seeking…

A purely appointed system in which the Governor is not actually in control of the individual which they select, but rather must pick someone from a list of 3 candidates created by an entity he does not have control over. (Granted, 4 out of the 9 positions [a minority of the commission] is appointed by the Governor's office but at least for the first 2 years of the Governor's first term at least 1 or 2 of those appointments are actually carryover members appointed by the prior Governor. Unlike the federal system, or many other states, the Governor does not have the ability to nominate any eligible candidate of their choice. — Voters have no say at all in the selection of the judge.

Retention: At the end of the judge's term, a new commission (essentially controlled by the NSB [10 of 20 members appointed by NSB, 4 by the Governor, 3 by the Speaker of the Assembly, 3 by the Senate Majority Leader and 1 by the Chief Justice of the NSC] reviews the individual judge and either automatically reappoints them to a new term, declares the seat vacant with the judge allowed to reapply to the commission on judicial selection, or declares it vacant and disqualifies the current judge from reapplying to fill the same seat. — No direct voter say at all in the retention (or replacement)

Recall of judge: As the NSC ruled in the Ramsey decision, the constitutional amendment which created the commission on judicial discipline (an unelected entity working in a less than transparent manner) divested the voters of right/ability to recall a judge by way of a recall election. — No direct voter say in removal of a judge they do not want.

In sum.. a system in which the voters have no say in the selection of, retention of, or removal of the judges who have incredible power over their lives…. No thank you!

Anonymous
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Anonymous
April 24, 2019 9:37 pm

No one has the right to usurp my right to vote. Proud daughter of a Vietnam veteran. He served to protect my right to vote. No on appointing judges. Stop the bullshit.

Anonymous
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Anonymous
April 24, 2019 10:37 pm

As far as converting to a total appointment process of judges, 12:30 explains quite well why such a proposal SHOULD NOT be adopted, while 11:25 explains quite well why such a proposal WILL NOT be adopted.

And, in fact it died this morning in committee. But the proponents of the proposal, including a NSC justice, will keep reviving it.

Anonymous
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Anonymous
April 24, 2019 10:38 pm
Reply to  Anonymous

What NV SCT justice?

Anonymous
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Anonymous
April 24, 2019 10:49 pm
Reply to  Anonymous

NSC Justice = Oxymoron

Maybe that's only half right . . .

Anonymous
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Anonymous
April 24, 2019 11:07 pm

Don't you recall Aaron Ford saying he would not contract with Eglet Prince to handle cases, after successfully helping to eliminate the cap on fees to outside firms?
Now, he is giving EP the opioid litigation. He was a partner at EP and may well still have financial ties to the firm which paid off his tax liens. This situation really smells. . . .

Anonymous
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Anonymous
April 24, 2019 11:52 pm
Reply to  Anonymous

There is a cap on fees (22%) and eglet already represents Clark county, Reno and sparks in opioid litigation. Only makes sense for their firm to handle it.

Anonymous
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Anonymous
April 24, 2019 11:19 pm

Why is RJC on lockdown?

Anonymous
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Anonymous
April 25, 2019 4:20 am

When do you panic in a case? When experts are due in a month? When you haven't spoken to the client in 5 months? When you forgot the issues? All of the above? And – does it matter as long as the deadlines are met and the case is handled and moved forward? I find if I have pushy clients, those cases get the most attention (demand). It's not necessarily a detriment to my other cases, but I feel panic when I haven't been proactive in my other matters – even though at the end of the day guess what, those cases typically result in less fees and better result. I now why less fees result because I haven't been proactive, but I haven't quite figured out why those cases end with a better result – maybe less nonsense? Just ranting – ok goodnight

Anonymous
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Anonymous
April 25, 2019 4:21 am

*know