Judge Michelle Leavitt was publicly reprimanded by the Nevada Commission on Judicial Discipline for keeping a woman jailed for 10 days without bail or a contempt hearing. (A copy of the stipulation and order for public reprimand is here.) [RJ]
Meanwhile, Judge Ron Israel had attorney/UNLV Boyd Law alum Kurt Smith jailed for contempt related to his feelings about jury duty. “Thanks a lot.” [RJ]
The City of North Las Vegas paid $25,000 to settle a suit over an officer shooting two dogs. The dogs’ owner was represented by Cal Potter III. [RJ]
The investiture ceremony for District Court Judges Joe Hardy, Eric Johnson, and Justice Court Judge Bita Khamsi will take place tomorrow afternoon. [eighthjdcourt blog]
Judge Ron Israel was out of line throwing Kurt in jail. Black robe fever……….glad I didn't vote for him but hopefully he will get some challengers next election cycle. However, I am sure Kurt will get some good business from this event so he can say "been there – done that" when his clients are facing jail. He should get CLE credit.
From what I have read, it seems to me that Smith certainly made mistakes, but Judge Israel's reaction was disproportionate, officious and did more to waste judicial resources than anything Smith did.
The logic of this is completely absent. If the article is to be believed, on Day II of the trial, Israel stopped those proceedings to put Smith on the spot, create a whole "scene" and have his bailiff take him into custody? What a colossal waste of time.
Additionally, Smith probably came in and said "Sorry, I'm late, your honor. I'm in the midst of preparing for trial in another department in X days". Is that really an act of disrespect toward the court that merits taking Smith into custody? Effectively, Judge Israel's punishment of Smith had the effect of causing his own trial to grind to a halt, while at the same time, probably spilled over into a delay in the trial Smith was preparing for (assuming that was a truthful representation).
Bottom line: Judge Israel's delicate feelings are more important than anything or anyone else.
You guy's can't be serious. Either that or you're buddies with this guy. The guy has the balls to contact the attorneys in the middle of voir dire and then hold up the trial the next day cause he was late, knowing he already fucked up? I hate when I have attorneys in my jury pool cause they're always so entitled and like to hear themselves talk so its at least an hour of my life I can't get back, but this guy deserved the time he did. He's lucky Israel didn't send the info onto the state bar.
Bottom line: An uppity attorney isn't more important than any jury and should know to respect the sanctity of the process. The guy's a douche.
Good for Judge Ron Israel. Here's the rules, here's the expectations and responsibilities, now please conduct your actions accordingly Mr. Attorney and Mr. Joe Citizen. Thank you for your best efforts here.
I agree that what Smith did was stupid. Knowing him, he probably said it jokingly to the attorneys. But for Israel to throw him off the jury and threaten jail time for that is pretty ridiculous. Sounds to me like Israel has some kind of axe to grind with Smith.
And I doubt that Smith showing up 30 minutes late the next day held up the trial. The article doesn't say it, but he wasn't a member of the jury the second day, right? So why would him being 30 minutes late hold up the trial? What a stupid pissing contest.
They are both asshats. Israel is one of the dumbest and most arrogant judges on the bench. This Smith guy must be your typical prick attorney who has no regard for our noble profession. Every single honorable attorney in town would be overjoyed and humbled if picked for jury service. I was in a jury pool with a top Vegas attorney years ago. He was picked and I was excused. When I saw him weeks later in court on another matter, I asked him how it went, and he had nothing but good things to say about the experience. His A list clients understood. His partners understood. His staff understood. Judges assigned to his cases understood. He was genuinely happy to have participated in jury deliberations, and to see with his own eyes how citizens work through the issues. That's the way it is supposed to be. Smith is a fucktard.
@ 12:57. Our noble profession? What sort of troglodyte are you? Our profession is affectionately called hired guns, ambulance chasers, shyster and worse. In a wreck, need a check? One call, that's all. The former mob lawyer was elected as our mayor, several times. Our fellow brethren are on trial for the HOA scandal. Then again, we live with perennial candidate for the bench who violates IP rights every time he says "NFL tough, Stanford smart." Yeah, noble.
Isreal is a joke. He was a family law hack before he won election to the bench. Any chance there was some beef lingering between the two of them from when Israel was being a lazy POS during his family law days? Hmm…..
Leavitt should step down. After this, how can she possibly be taken seriously as a judge? Whatever anyone thought of her before this incident, this stipulation now effectively ends all argument about her fitness to serve. We ostensibly put judges in office because we believe them capable of exercising sound judgment. Given this incident, can we now really believe that about Leavitt?
Leavitt? Where have I heard that name before. Wasn't someone on this blog recently talking about lawyers with "juice"? What about judges with "juice", AND family judicial history/legacy?
Guest
Anonymous
June 4, 2015 4:27 pm
I honestly had trouble following the Kurt Smith story. He tried to get out of a 3-day jury duty, but was picked anyway. He groused about it to the lawyers w/in earshot of Judge Israel. Israel later told him he could spend the night in jail or watch the rest of the trial in the gallery. Did Israel throw him off the jury? I assume so, otherwise it wouldn't make sense to force him to watch, because he would be there anyway, but the article is silent.
My reading of the article was that the judge took him off the jury but required him to be there to listen to the whole trial so that he wasn't rewarded for his getting off the jury by being able to leave.
More than half the judges at the time that article was written aren't even on the bench anymore. I think the Judicial Hell hole thing was perpetuated by all of the southern Cal douchebags that moved here with their regional or national big law firms around that time.
Guest
Anonymous
June 4, 2015 5:19 pm
I like Judge Israel. There are many far worse than him.
I'm glad you like Judge Israel (he seems like a nice guy) but he should not be on the bench. Anyone who says otherwise hasn't spent enough time in his courtroom.
Judge Israel is a disgrace to the bench and bar. Unfuckingbelievably stupid and arrogant. Worse still, unlike some other dumb judges, he cannot be taught. Same mistakes. All the time. Unless you have that special star status, there is no chance of using logic or law to persuade. Just bring out the monkey and hope he likes how it dances.
Here is an example of a winning oral argument in front of him. "Counsel, I am most pleased with your presentation and overwhelmed by your arguments. Motion granted!"
Guest
Anonymous
June 4, 2015 5:42 pm
Kurt Smith is a prick. Does anyone like that guy? I hated him in law school and I hate him in practice. The dude is a complete jackass.
I like Kurt. I've had several cases against him and he's always been decent to deal with. He may be slow to move cases forward, but he's never done anything to make me think of him as a prick.
Never dealt with him in practice but was in school with him and couldn't agree more with 10:42. Sounds like Israel went overboard, but if it had to happen to someone, Kurt certainly is deserving.
Guest
Anonymous
June 4, 2015 10:10 pm
Anyone defending Smith, has never actually tried a case to a jury. The jury had been seated, the admonishments been read at least 3 times and he still talks to defense counsel? Idiot! Hello Motion for mistrial that would (or should) be granted and everybodies time and $$ are wasted. Israel tried to avoid a mistrial and gives the guy a break and look what he does.
What I was thinking is how precious preemptive strikes can be. When someone really doesn't want to be there and I have a preemptive to spare I'll take mercy. But frankly, sometimes there are four people who really gotta go. Sorry Kurt, if that's the case you're my man.
The newspaper did its job in reporting on the story. But do we have the whole story and can we fully judge what happened here until we hear all sides. It seems like the Judge overstepped his bounds but who knows. It seems like the lawyer was a jerk but who knows. Was the comment made outside the presence of the other jurors? What purpose was served by having Kurt Smith sit idly through the trial but not as a juror. Creative but stupid. A dress down like that given by Judge Bonaventure to Attorney Carramagno would have sufficed. Threatening to put somebody in jail would have been enough. But no….the judge has him sit in the courtroom if reported correctly and then puts him in jail for being late. Give me a break.
Guest
Anonymous
June 5, 2015 6:26 am
If an attorney, as an officer of the court, finds himself "too good" or "too busy" or any other excuse, then you do not respect the legal system and should get a new line of work. I commend Judge Israel for encouraging some standards and decorum, not to mention responsibility, in an attorney. We need more of this. Our standards have slid so far its pathetic, look at all the local attorneys going to prison for tax evasion, HOA fraud, mortgage fraud ….pathetic.
If you don't want to be on a jury, just don't show up for jury duty. There is not a process by which you are hunted down and made to answer for your failure to appear.
Guest
Anonymous
June 5, 2015 1:31 pm
Unrelated: anyone use the state bar's referral service with success?
I have received clients from the referral service. I am a mid-level associate with a local firm and it has allowed me to obtain a few of my own clients.
Yes. You will get a torrent of cases at first. Many of the people who call will be crazy, or will have terrible cases. Many won't even call you, and you should note that they have to make first contact. Naturally, those seem to be the more promising ones.
It will pay you back the application fee in the first day or two. And, even on those you can't help, you will often get hit up by the same person in the future on different matters.
We've had a few very good cases come from the program. It is well worth your time.
Judge Ron Israel was out of line throwing Kurt in jail. Black robe fever……….glad I didn't vote for him but hopefully he will get some challengers next election cycle. However, I am sure Kurt will get some good business from this event so he can say "been there – done that" when his clients are facing jail. He should get CLE credit.
From what I have read, it seems to me that Smith certainly made mistakes, but Judge Israel's reaction was disproportionate, officious and did more to waste judicial resources than anything Smith did.
The logic of this is completely absent. If the article is to be believed, on Day II of the trial, Israel stopped those proceedings to put Smith on the spot, create a whole "scene" and have his bailiff take him into custody? What a colossal waste of time.
Additionally, Smith probably came in and said "Sorry, I'm late, your honor. I'm in the midst of preparing for trial in another department in X days". Is that really an act of disrespect toward the court that merits taking Smith into custody? Effectively, Judge Israel's punishment of Smith had the effect of causing his own trial to grind to a halt, while at the same time, probably spilled over into a delay in the trial Smith was preparing for (assuming that was a truthful representation).
Bottom line: Judge Israel's delicate feelings are more important than anything or anyone else.
You guy's can't be serious. Either that or you're buddies with this guy. The guy has the balls to contact the attorneys in the middle of voir dire and then hold up the trial the next day cause he was late, knowing he already fucked up? I hate when I have attorneys in my jury pool cause they're always so entitled and like to hear themselves talk so its at least an hour of my life I can't get back, but this guy deserved the time he did. He's lucky Israel didn't send the info onto the state bar.
Bottom line: An uppity attorney isn't more important than any jury and should know to respect the sanctity of the process. The guy's a douche.
Good for Judge Ron Israel. Here's the rules, here's the expectations and responsibilities, now please conduct your actions accordingly Mr. Attorney and Mr. Joe Citizen. Thank you for your best efforts here.
I agree that what Smith did was stupid. Knowing him, he probably said it jokingly to the attorneys. But for Israel to throw him off the jury and threaten jail time for that is pretty ridiculous. Sounds to me like Israel has some kind of axe to grind with Smith.
And I doubt that Smith showing up 30 minutes late the next day held up the trial. The article doesn't say it, but he wasn't a member of the jury the second day, right? So why would him being 30 minutes late hold up the trial? What a stupid pissing contest.
They are both asshats. Israel is one of the dumbest and most arrogant judges on the bench. This Smith guy must be your typical prick attorney who has no regard for our noble profession. Every single honorable attorney in town would be overjoyed and humbled if picked for jury service. I was in a jury pool with a top Vegas attorney years ago. He was picked and I was excused. When I saw him weeks later in court on another matter, I asked him how it went, and he had nothing but good things to say about the experience. His A list clients understood. His partners understood. His staff understood. Judges assigned to his cases understood. He was genuinely happy to have participated in jury deliberations, and to see with his own eyes how citizens work through the issues. That's the way it is supposed to be. Smith is a fucktard.
@ 12:57. Our noble profession? What sort of troglodyte are you? Our profession is affectionately called hired guns, ambulance chasers, shyster and worse. In a wreck, need a check? One call, that's all. The former mob lawyer was elected as our mayor, several times. Our fellow brethren are on trial for the HOA scandal. Then again, we live with perennial candidate for the bench who violates IP rights every time he says "NFL tough, Stanford smart." Yeah, noble.
Isreal is a joke. He was a family law hack before he won election to the bench. Any chance there was some beef lingering between the two of them from when Israel was being a lazy POS during his family law days? Hmm…..
Gina Bongiovi mob lawyer.
Leavitt should step down. After this, how can she possibly be taken seriously as a judge? Whatever anyone thought of her before this incident, this stipulation now effectively ends all argument about her fitness to serve. We ostensibly put judges in office because we believe them capable of exercising sound judgment. Given this incident, can we now really believe that about Leavitt?
Too bad you are preaching to the choir. Elected judges only need to be either blond, buxom women or graying, white men. How can she not be qualified?
Leavitt? Where have I heard that name before. Wasn't someone on this blog recently talking about lawyers with "juice"? What about judges with "juice", AND family judicial history/legacy?
I honestly had trouble following the Kurt Smith story. He tried to get out of a 3-day jury duty, but was picked anyway. He groused about it to the lawyers w/in earshot of Judge Israel. Israel later told him he could spend the night in jail or watch the rest of the trial in the gallery. Did Israel throw him off the jury? I assume so, otherwise it wouldn't make sense to force him to watch, because he would be there anyway, but the article is silent.
My reading of the article was that the judge took him off the jury but required him to be there to listen to the whole trial so that he wasn't rewarded for his getting off the jury by being able to leave.
And then he was late just to watch the next day so I can see that it escalated.
The Leavitt and Israel stories just highlight why people outside of Nevada think our judiciary is such a joke.
I don't know who might think our judiciary is a joke, but didn't the LA Times call Nevada a judicial hell hole? Is that the same?
More than half the judges at the time that article was written aren't even on the bench anymore. I think the Judicial Hell hole thing was perpetuated by all of the southern Cal douchebags that moved here with their regional or national big law firms around that time.
I like Judge Israel. There are many far worse than him.
I'm glad you like Judge Israel (he seems like a nice guy) but he should not be on the bench. Anyone who says otherwise hasn't spent enough time in his courtroom.
Judge Israel is a disgrace to the bench and bar. Unfuckingbelievably stupid and arrogant. Worse still, unlike some other dumb judges, he cannot be taught. Same mistakes. All the time. Unless you have that special star status, there is no chance of using logic or law to persuade. Just bring out the monkey and hope he likes how it dances.
Here is an example of a winning oral argument in front of him. "Counsel, I am most pleased with your presentation and overwhelmed by your arguments. Motion granted!"
Kurt Smith is a prick. Does anyone like that guy? I hated him in law school and I hate him in practice. The dude is a complete jackass.
I like Kurt. I've had several cases against him and he's always been decent to deal with. He may be slow to move cases forward, but he's never done anything to make me think of him as a prick.
Never dealt with him in practice but was in school with him and couldn't agree more with 10:42. Sounds like Israel went overboard, but if it had to happen to someone, Kurt certainly is deserving.
Anyone defending Smith, has never actually tried a case to a jury. The jury had been seated, the admonishments been read at least 3 times and he still talks to defense counsel? Idiot! Hello Motion for mistrial that would (or should) be granted and everybodies time and $$ are wasted. Israel tried to avoid a mistrial and gives the guy a break and look what he does.
What I was thinking is how precious preemptive strikes can be. When someone really doesn't want to be there and I have a preemptive to spare I'll take mercy. But frankly, sometimes there are four people who really gotta go. Sorry Kurt, if that's the case you're my man.
The newspaper did its job in reporting on the story. But do we have the whole story and can we fully judge what happened here until we hear all sides. It seems like the Judge overstepped his bounds but who knows. It seems like the lawyer was a jerk but who knows. Was the comment made outside the presence of the other jurors? What purpose was served by having Kurt Smith sit idly through the trial but not as a juror. Creative but stupid. A dress down like that given by Judge Bonaventure to Attorney Carramagno would have sufficed. Threatening to put somebody in jail would have been enough. But no….the judge has him sit in the courtroom if reported correctly and then puts him in jail for being late. Give me a break.
If an attorney, as an officer of the court, finds himself "too good" or "too busy" or any other excuse, then you do not respect the legal system and should get a new line of work. I commend Judge Israel for encouraging some standards and decorum, not to mention responsibility, in an attorney. We need more of this. Our standards have slid so far its pathetic, look at all the local attorneys going to prison for tax evasion, HOA fraud, mortgage fraud ….pathetic.
If you don't want to be on a jury, just don't show up for jury duty. There is not a process by which you are hunted down and made to answer for your failure to appear.
Unrelated: anyone use the state bar's referral service with success?
I have received clients from the referral service. I am a mid-level associate with a local firm and it has allowed me to obtain a few of my own clients.
Yes. You will get a torrent of cases at first. Many of the people who call will be crazy, or will have terrible cases. Many won't even call you, and you should note that they have to make first contact. Naturally, those seem to be the more promising ones.
It will pay you back the application fee in the first day or two. And, even on those you can't help, you will often get hit up by the same person in the future on different matters.
We've had a few very good cases come from the program. It is well worth your time.
Thank you both so much, will give it a go!