- Quickdraw McLaw
- 7 Comments
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Thanks to one of our anonymous commenters yesterday, today we get to further discuss the business of medical marijuana–this time, in the context of a sitting judge…
To quote our commenter, “What do you all think about Judge Bixler being a medical marijuana establishment applicant?”
Here are the details:
- Dana Gentry tweeted
- On April 22, 2014, Ralston Reports, Ralston reported that sitting judge James Bixler is among the applicants for medical marijuana establishments. (Video)
- The RJ published a list of the legal entities that submitted applications for medical marijuana establishments.
- Among those entities are Greenleaf Dispensaries Inc. and Southern Nevada Growers Inc.
- If you search for James M. Bixler on the Nevada Secretary of State business entity search website, you will discover James M. Bixler is listed as President for Greenleaf Dispensaries Inc., Southern Nevada Growers Inc., and Nevada Greenleaf Inc.
Among the med weed license applicants in Clark County… District Judge James M. Bixler. More on the green rush tonight on @RalstonReports
— Dana Gentry (@DanaGentryLV) April 23, 2014
As most of you already know, Judge Bixler is not running for reelection this fall, but he is still a sitting judge at this time. Is this okay? What about Nevada Code of Judicial Conduct 3.1 and 3.11, which say:
Rule 3.1. Extrajudicial Activities in General. A judge may engage in extrajudicial activities, except as prohibited by law or this Code. However, when engaging in extrajudicial activities, a judge shall not:
(A) participate in activities that will interfere with the proper performance of the judge’s judicial duties;
(B) participate in activities that will lead to frequent disqualification of the judge;
(C) participate in activities that would appear to a reasonable person to undermine the judge’s independence, integrity, or impartiality;
(D) engage in conduct that would appear to a reasonable person to be coercive; or
(E) make use of court premises, staff, stationery, equipment, or other resources, except for incidental use for activities that concern the law, the legal system, or the administration of justice, or unless such additional use is permitted by law.
Rule 3.11. Financial, Business, or Remunerative Activities.
(A) A judge may hold and manage investments of the judge and members of the judge’s family.
(B) A judge shall not serve as an officer, director, manager, general partner, advisor, or employee of any business entity except that a judge may manage or participate in:
(1) a business closely held by the judge or members of the judge’s family; or
(2) a business entity primarily engaged in investment of the financial resources of the judge or members of the judge’s family.
(C) A judge shall not engage in financial activities permitted under paragraphs (A) and (B) if they will:
(1) interfere with the proper performance of judicial duties;
(2) lead to frequent disqualification of the judge;
(3) involve the judge in frequent transactions or continuing business relationships with lawyers or other persons likely to come before the court on which the judge serves; or
(4) result in violation of other provisions of this Code.
What do you think? Without knowing the details about his ownership and involvement in these businesses other than the fact that he is listed as “President,” is Judge Bixler violating the judicial code? Does the fact that marijuana is still illegal under federal law and his name is attached to these businesses undermine Judge Bixler’s “independence, integrity, or impartiality?” Any other details that shed light on the matter?
Bixler is a staunchly pro-crime judge.
Does this mean the Nevada Supreme Court is no longer the "high" court in Nevada?
Hey OH!
First Bixler, now Justice Stevens? Reefer Madness indeed!
I figured the comments on this post would be a lot judgier. Probably no one cares because its Bixler and he's an okay judge on his way out. FWIW, I think it's improper to be heading up medical marijuana businesses while he is a sitting judge, especially if he handles any marijuana related matters (criminal or civil).
Bixler owned a bar while he handled DUI cases. Some didn't think that was kosher; but hey, it's Vegas (I mean it's not like he's regularly taking hundreds of thousands of dollars from the lawyers who appear in front of him and attending their lavish holiday parties).
There's not a ton of difference between his owning a bar and his owning a marijuana business, is there?
Yes there is a difference. alcohol is not illegal under federal law, pot is.