- law dawg
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A few years back, commenters were discussing the fact that some judges are off the bench quite a bit more than you might expect. Now, it’s become a yearly tradition for us to discuss this topic each December. So, are the judges generally spending enough time in the courtroom this year? Which judges should be spending a little more time on the bench? Is there a minimum standard? Which judges would you commend for making the best use of your time? Which judges are always late and don’t respect your time? Are any of the judges giving you trouble over remote appearances? Are any of them ruling on the briefing instead of dealing with the hassle of a hearing? Which judge is the most adept at virtual hearings?
In other news, Judge Nancy Allf announced she is retiring next month. This is as good as time as any to point out that there are several seats on the bench that will be on the ballots next year—from the Supreme Court down to Justice Court. Filing opens January 2, 2024, and there is a new judicial candidate questionnaire requirement for candidates that are non-incumbents. You can get all the details in the 2024 Judicial Candidate Guide.
Department 25 not unlocking the doors for the 9 am hearings until 920 and not starting until 940 on an ongoing basis really throws everyone off.
Dept 25 is Judge Kathleen Delaney. I feel like this has been her modus operandi for a long time now and am shocked that nothing has changed. Or has it? Haven’t been in that department for a while, but she was always notoriously behind on orders. Is that still the case?
This has been the case for a VERY long time with this Judge.
I like her personally and think that she is a fair and even-tempered judge, but boy does that department have a case of the slows sometimes.
Unsure if Anna Albertson realizes that she is required to do work as a judge. Hearings are being set multiple months out and she is rarely in court.
90-110 days out
Seriously. What is this? Federal court?
We miss you Ellie.
Does anyone have any insight on what happened with Judge Nancy Allf? It seems sudden. She was just recently talking about the fact that she had no plans to leave the bench and would be back next term.
I hope she is okay. Maybe she realized life is short and there is a world of fun things she can be doing in her twilight years. She earned it.
https://www.fourseasonsyachts.com/
I’m happy she is retiring. Don’t think I’m the only one.
I’ve noticed she’s been getting reversed a lot lately.
Her reversal rate is not really that high. The other issue is that she is a Business Court judge which have more complex cases that are (a) more likely to be appealed due to the dollar values involved and (b) more likely to involve vanguard issues. She has been a good judge. But there is no question that QOL for going to ARM versus slogging through the courts is not even close.
I hear your point about her role as a Business Court judge, but you cannot honestly say her reversal rate “is not really that high”. Seriously, she is reversed over 40% of the time — the only judge reversed more often than that is Krall.
Sure I can and let me tell you why. Because you are using Our Nevada Judges numbers which are skewed. Let me show you. ONJ says that Allf was reversed 4 times on November 30th, 2023 and has 4 separate cases in which she was found to be in error. 4 out of 4 reversals. Those four appeals are one Order out of one case. So ONJ counts it as she was reversed four times and was not right in any of those appeals which is simply false.
Lies, damn lies and statistics.
She’s not my favorite, but there are two or three of her general vintage who I would rather see retire.
Agree. At least she has some level of competence in civil cases.
We already did that, and it was a disaster. Criminal judges were working about 55% as much as the civil judges. MKH has been on the bench long enough to have learned how to oversee civil cases; she has no interest in learning civil law this late in her career on glidepath.
There was a probate bench bar meeting today. Commissioner Fontano gave a super helpful presentation. We had everyone in our firm watch. If you do any probate, and he does one of these again, I highly recommend attending. He is doing a great job in a very difficult position.
Agreed. Yamashita’s Bench Bars were very helpful, and it looks like Fontano is continuing that tradition (in contrast to, say, Civil Bench Bars). I wasn’t sold on him when he got the position, but he’s done well.
Is there any goals or aspirations to improve the time frame of 3 1/2 to 4 months for most hearings in probate now? Doesn’t seem like this is being adequately addressed. If I’m wrong on this, or I missed something, I’ll be delighted.
Well, I’ve seen Summary Administrations get granted in a few days without a hearing. That means fewer cases needing to be heard, which should reduce the wait time for the ones that actually need hearings. So there’s that.
Yes absolutely.
Back in September they implemented a stipulated petition process for summary administration appointments, and for uncontested final distribution petitions for summary & general. I had a stipulated general admin petition to approve F&F accounting and for final distribution approved and order issued issued within a week last month where the one I filed in August in a similar case has their hearing coming up this month to approve it. Now that I type that, I think we could have withdrawn that petition and re-submitted as a stipulated one two months ago and already be done with it.
I feel like this topic is a thwack trap. I’ve got some opinions about judges wasting time, but if history serves as any indication, any comment or observation beyond “Judge X is slow” will get thwacked. I’ve read the explanations re thwacking and yeah it’s not my blog, but past conversations re judicial behavior have always been extremely helpful.
Relevant to today’s topic. I’ve noticed that Judge Israel is rarely conducting hearings. He frequently takes motions, even serious and substantive motions, on his chambers calendar instead of scheduling actual hearings. Judge Escobar frequently appears remotely with her camera off, but it hasn’t seemed to impact her calendars. Judge Holthus recently told counsel on a motion before her that she can tell when an attorney takes the motion seriously because they come in person to argue it. Take that for whatever it’s worth.
Can we also talk about the ridiculous decor in Judge Israel’s courtroom? These courtrooms belong to the public, not to the judges or the Marshalls. Judge Israel happens to personally like jazz music and New Orleans, which is fine. That’s how his courtroom is decorated. Although it certainly *IS* tacky, the bigger issue is that this theme has nothing to do with the administration of justice in Nevada (or anywhere). This is a courtroom not a cubicle.
And don’t get me started on the Ohtani tshirts the marshall has pinned to the wall. Even in a freshman dorm room, that’s tacky, but in what should be the temple of justice?
It’s all just so cringe.
its been awhile since I was in Delaney’s courtroom, but the plethora of Bassett Hound posters on the walls were not only cringe, but juvenile AF. Embarassing. Are they still up?
The basset hounds are gone. Who has the best decor in their courtroom?
I wish more judges resolved more motions on chambers calendar. I’ve had too many hearing where I show up in person, the judge asks no questions and then takes the matter under submission without comment. Not a valuable use of anyone’s time and expensive for the client.
Understand the sentiment. However many attorneys want to make their record verbally. And many clients like the security of knowing that the matter was actually heard by the court.
yeah but if you briefed it and there are no questions what record are you making?
Sooooooo…. thoughts on Kishner calendars?
Wear a helmet