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  • Law

  • Three finalists were announced for the vacancy on the bench in Washoe County created by the death of Judge Patrick Flanagan. [KOLO]
  • This was mentioned in the comments a week or two ago, but RIP Jeffrey Rugg.
  • A lawsuit by the North Las Vegas Constable against Clark County has been removed to Federal Court. [RJ]
  • Trial in the Save Red Rock case is set for September 2018. [RJ]
  • Is today the end of net neutrality? [KNPR]
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Anonymous
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Anonymous
December 14, 2017 4:25 pm

Re the finalists for Washoe, I hope Judge Walker gets it. I really do not understand the Judicial Selection Panel. They sent 2 out of 3 finalists to the Governor who do not practice in State Court.

Anonymous
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Anonymous
December 14, 2017 6:35 pm
Reply to  Anonymous

Sometimes that is the exact reason they do it. They use seat warmers, rather than a candidate they actually would like to see appointed in an attempt to manipulate the process to encourage the Governor to appoint an "anointed" candidate or the assist the Governor to pick the candidate they have quietly communicated that they would like by eliminating competition that could be troublesome.

An example of the later situation is a legitimate candidate the Governor really doesn't want to appoint, yet that candidate is strongly supported by a larger campaign contributor of the Governor. If the commission passes that person through, the Governor is at risk of alienating a large contributor if they don't appoint the contributor's desired candidate. If, however, the contributor's desired horse were to be eliminated from consideration by an "independent" selection panel, the Governor is off the hook since s/he never had the opportunity to reach the desired candidate.

The former category is demonstrated by the appointment round resulting in Judge Cadish [not a comment on her individual qualifications or desirability]. In round, there was a Governor who was on record that he didn't want to appoint a democrat if he could avoid it and there were 2 candidates/applicants that he had previously rejected indicating under no factual basis would he ever appoint them because of their political beliefs. The selection panel responded by naming the 2 candidates that he had already indicated he would never appoint and a democrat for the 3rd seat. It was known at the time that if the panel acted as expected [they did], whoever was named as the 3rd name would get the seat. Fortunately, the panel named a candidate of arguable quality [depending on your personal views of the candidate]. The reality was, however, so long as that 3rd candidate had a pulse and met the minimum qualifications, they would receive the nod.

Who said that the appointment system wasn't as political as the elected system. It is, just with different players and rules involved.

Anonymous
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Anonymous
December 14, 2017 6:45 pm
Reply to  Anonymous

This.

And it doesn't just happen in the present context. This kind of thing happens everywhere in public and private hiring where a panel submits a slate of names to a hiring authority. The wisest thing that anyone has ever written about the nature of government is in the Federalist Papers where Madison basically said, "Look, people are almost without exception self-interested, manipulative, power hungry d*cks. The only way to prevent abuses of power is to preclude it with systemic rules." The judicial appointment process may need tweaking with this understanding of human nature in mind.

Anonymous
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Anonymous
December 14, 2017 9:10 pm
Reply to  Anonymous

For those who do not remember, Cadish was up against Nancy Allf (and the Dave Thomas Machine) and her own law partner Kathleen Paustian. https://www.reviewjournal.com/news/judge-finalists-women/

Anonymous
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Anonymous
December 14, 2017 9:16 pm
Reply to  Anonymous

Rep Kihuen is accused by more women of sexual harassment. Why isn't Harry Reid calling for his resignation? Aaron Ford?

Anonymous
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Anonymous
December 14, 2017 9:54 pm
Reply to  Anonymous

Maybe Ford and Reid are fans of due process.

Anonymous
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Anonymous
December 14, 2017 9:57 pm
Reply to  Anonymous

Maybe Ford and Reid don't give a shit about women. Reid backed him knowing he was a dirtbag.

Anonymous
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Anonymous
December 14, 2017 10:17 pm
Reply to  Anonymous

Reid and his sons, no nepotism there, is a 70s a has been. Reid groomed Kihuen, just like Dario. If not call for his resignation, they should for his resignation.

Anonymous
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Anonymous
December 14, 2017 10:17 pm
Reply to  Anonymous

are
an investigation

Anonymous
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Anonymous
December 14, 2017 10:44 pm
Reply to  Anonymous

Isn't it just a little alarming that there's virtually no discussion of due process in this sexual misconduct purge? I suspect many in power are THINKING about due process, but that many (or most) fear that by just raising the specter of due process they will be accused of being sexist or an apologist for predators. Innocent people will (or already have been) destroyed by this purge. But we have to believe all accusers all the time. What kind of horse shit is that?

Anonymous
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Anonymous
December 14, 2017 10:52 pm
Reply to  Anonymous

Innocent people like Batali, Cosby, Kihuen, Weinstein, ROY Moo-Moore,

Anonymous
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Anonymous
December 14, 2017 10:53 pm
Reply to  Anonymous

The innocent…..Spacey…Lauer….Trump…

Anonymous
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Anonymous
December 14, 2017 11:18 pm
Reply to  Anonymous

Yep. ALL of the accused are guilty, right? Get ACCUSED, and your life is over, right at the point of accusation. F*ck due process, what an antiquated novelty!

Anonymous
Guest
Anonymous
December 14, 2017 11:41 pm
Reply to  Anonymous

YUP, all the above are GUILTY. No, just fuck Ford and Reid!

Anonymous
Guest
Anonymous
December 15, 2017 12:33 am
Reply to  Anonymous

Why should we be surprised? There is no due process in the Federal CJ System, where "due process" means that you are dragged through the mud and can never get your name back. A "win" means daily stories about the accusations against you and only 1 if you are ultimately found not guilty. It is like the movie "WarGames"; the only way to win if you are an accused is to not play the game and roll over and play dead. The harder you fight; the more the bloodlust to destroy you.

Anonymous
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Anonymous
December 14, 2017 10:01 pm

Hey, the Coz is looking for a defense lawyer. Maybe Malcolm is available?

Anonymous
Guest
Anonymous
December 14, 2017 10:54 pm

NSC issued 2 opinions today.

Anonymous
Guest
Anonymous
December 14, 2017 11:23 pm

So who is running for CD4?

Anonymous
Guest
Anonymous
December 15, 2017 1:07 am

Jeff Rugg was a good guy. Sad for his family.

Anonymous
Guest
Anonymous
December 15, 2017 1:55 am

Judge Egan Walker, who is Family Court Judge up there, applying for the general assignment District Court opening puts focus on a certain dynamic.

And that happens in Clark County as well. Sitting Family Court judges sometimes will apply for, or run for, a seat at the RJC.

Why is that a problem? It's no problem for lawyers but it disrupts a narrative the Family Court judges, and Family Law attorneys, insist on advancing.

They always argue that Family Law is just as challenging as other areas, that Family Court is not a lesser included court within District Court, that they are full-fledged District Judges and equal in all ways to judges at the RJC, that based on all that it is really unfortunate that RJC judges take a condescending view toward Family Court judges and view them as a much less evolved live form, etc., etc.

Fair enough. But then be confident and believe that you are in fact equal. But that confidence and belief are not there if a Family Court judge runs for, or seeks to be appointed to, a Civil/Criminal seat.

By seeking such seat it is an implicit admission that the judge views being elected or appointed to the Civil/Criminal Division as pretty much a promotion, that there will then be real status and they can then be viewed as a "real" District Judge.

So when Family Court judges understandably fight to be viewed as equal, they destroy any chance of success if they take action to demonstrate that they themselves view their current position as being inferior to Civil/Criminal assignment.

That all said, there could be exceptions. There could be Family Court judges who are very confident in what they do, already view themselves as equal to other District Judges, but seek a Civil/Criminal assignment not on account of any perceived enhancement in status, but merely because they are burned out with listening to all that horse shit drama all day, every day.

Anonymous
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Anonymous
December 15, 2017 1:56 am

I mean "life form" not "live.'