- law dawg
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- Nevada Supreme Court temporarily stays disciplinary proceedings against Michele Fiore. [KTNV]
- Man charged after throwing illegal pool party where 20-year-old was later found dead. [KTNV]
- Venetian must pay $850K in religious discrimination lawsuit. [8NewsNow]
- Conservation group sues to protect rare Nevada wetland flower. [Nevada Current]
- We hope you all have a safe and happy 4th of July weekend!
Michele Fiore’s issue on appeal: Whether the Commission exceeded its jurisdiction in filing a
Complaint under NRS 1.440 based on alleged conduct that took place prior to Judge
Fiore becoming a judicial officer?
It depends on what the “alleged conduct” is. She stole the money before she became a judge. The commission identifies the wrongful act as continuing to retain the stolen funds.
possession of stolen property is obviously a felony.
Question for you though – if a bank robber refuses to return the money, can he be charged with both the bank robbery and possession of stolen property? Or is the possession of stolen property subsumed by the bank robbery charge?
NRS 1.440 Jurisdiction of Commission over judges; filing of complaint or action relating to proceeding of Commission; appointment of justices of the peace and municipal judges to Commission.
1. Except as otherwise provided in subsection 2, the Commission has exclusive jurisdiction over the public censure, removal, involuntary retirement and other discipline of judges which is coextensive with its jurisdiction over justices of the Supreme Court and must be exercised in the same manner and under the same rules.
2. If a judge is licensed to practice law in this State:
(a) The State Bar of Nevada has jurisdiction over disciplinary action for acts or omissions that occurred before the date on which the judge entered upon the duties of office; and
(b) The Commission has jurisdiction over the public censure, removal, involuntary retirement and other discipline imposed as a result of an act or omission that occurs on and after the date on which the judge enters upon the duties of office.
But Fiore is not a licensed attorney
Like the Model Rules for Lawyer Disciplinary Enforcement, the 1994 Model Rules for Judicial Disciplinary Enforcement do not adopt any statute of limitations. The conduct of a judge, no matter when it has occurred, is always relevant to the question of fitness for office.
As rotten as it is, I predict Fiore will retake the bench. The Supremes are not going to be comfortable with extending the Commission’s jurisdiction to pre-bench unrectified wrongs. Fiore will very successfully parlay this run in with the Commission as an instance of political persecution, in which she is the victim. Nye County voters will not only re-elect her, but exalt her to folk hero status (“A true patriot!”) for having the guts to stand up to, and defeat, the powers that be.
Even though she is an out and out thief.
I (11:48 AM) am not here to minimize her conduct or claim that she is a decent person. Once you peel back the flag waving and spitting out Bible verses, there’s nothing but a grifter and con artist. We are at a place in our nations history where personal virtue matters very little. Fiore has the unwavering support of an entire political tribe. Her actions and amorality are legally, politically and socially irrelevant. It’s just where we are right now, and perhaps for quite some time to come.
of LAW ENFORCEMENT, which the right pretends to care about until it’s inconvenient (here, 140 officers being injured on january 6th… etc.)
I hate that you’re probably right.
FWIW, I (11:48 AM) am the person who predicted the Presidential Pardon more than a year before Trump was re-elected.
Maybe you put it in a comment in some obscure blog, but that is worth nothing. Anyone with a brain saw it coming. Stop breaking your arm patting yourself on the back.
NRS 4.010
“A person may not be a candidate for or be eligible to the office of justice of the peace unless the person is a qualified elector and has never been removed or retired from any judicial office by the Commission on Judicial Discipline.”
There is an exception if removal is vacated by our SC. Highly unlikely.
She wasn’t removed. She was suspended.
Hello friends. I would like to speak with an employer-side employment attorney, possibly to join me as co-counsel on a case that involves multiple issues. Do you have any recommendations? It’s not a big company who can afford a BigLaw type firm, which is all I’m finding online.
CA Bar Exam
I just received an email invitation, probably every CA admitted received same. CA Bar is soliciting attorneys to serve on panels to draft and evaluate questions for the multiple choice portion of the bar exam. It appears that the CA Bar also intends to continue with essay questions and will later be soliciting panels to draft and evaluate essay questions.
The take away. CA, the most liberal state, will continue to treat the bar exam as a necessary qualifier for admission to the profession. Whereas, NV only will give a perfunctory admit everyone online exam.
Update on the strange lawsuit; NV Bar looking to request competency evaluation of attorney while filed the case. https://www.reviewjournal.com/crime/courts/nevada-state-bar-concerned-about-veiled-threats-in-attorneys-lawsuit-3392864
This makes me sad… the poor guy is struggling, clearly.
Until he kills someone then the struggle becomes that of the surviving victims.
That’s a bit of a stretch.