The six year sentence of the intoxicated driver who killed another motorist seems somewhat on the light side of how such sentences have gone over the last few decades, wherein the laws and sentencing for traffic deaths caused by impaired drivers have become increasingly severe.
But my knowledge of the case is pretty much limited to the news articles. Had I known more about the intracacies and details of the case, I'm sure I would understand the six years sentence more. After all, I hardly think that Judge Johnson(based on his background) is known for light sentences. He is not, IMO.
I notice that the defendant looks in pretty bad shape(including what appears to be a breathing tube, etc) so perhaps her precarious health was a factor.
In that 8NewsNow article, referenced in the above topic section, there is an adorable photo of the victim on vacation a few years back and posing while holding a baby leatherback sea turtle.
And the Nevada Supreme Court will reverse the de minis sentence on appeal.
Guest
Anonymous
June 29, 2022 6:40 pm
11:26, and she also had several narcotics in her system, so it wasn't just alcohol. The situation was particularly outrageous and there does not appear to much in the way of mitigating factors, and in fact Defendant appears to have been somewhat uncooperative, and in non-compliance, during earlier stages of the case.
So, on the surface the six year sentence would seem like it can be viewed by defense counsel as pretty decent result for their client.
Now, although I mentioned that the brief article does not appear to suggest much in the way of mitigation(and in fact paints the picture of a somewhat uncooperative defendant at times), I do agree that Defendant's medical situation may have played a role in the sentencing, even though the article does not
appear to put focus on that factor.
A problem with these articles is that they are written by journalists who are not attorneys, and thus the emphasis on what to discuss and focus on is much different than if written by an attorney. Plus these articles tend to be brief and quite general–painting with real broad strokes. I don't handle criminal cases. I bet there are attorneys who handle criminal cases who could explain to us in just a couple sentences why six years is an appropriate sentence, and hopefully they will weigh in and post such explanations.
Guest
Anonymous
June 29, 2022 6:45 pm
I also agree it may appear somewhat on the light side, as to how such sentences have been in recent years. But, like the above posters, I really only know of the case what has now been reported now that sentencing has occurred. I remember when this DUI death occurred, but then didn't really hear about it, or follow up, until now learning that it is concluded with the sentencing.
And, yes, these articles don't tend to do a deep dive, so we are often left with questions concerning sentences which either appear too short, or in some cases, too long.
Guest
Anonymous
June 29, 2022 7:06 pm
One of the topics yesterday, and which had an attached article, was the Truancy Diversion program where Alternate Judges(i.e. attorneys who get to wear a robe for an hour or so a couple times a month when meeting with a truant) go to the middle schools and interact with the children who have serious attendance issues.
I think programs like this are very well-intended, and I applaud all those involved, and their hearts are certainly in the right place, but, unfortunately, the programs are not nearly as effective as the participants think they are. There is usually a lack of significant data tracking these matters over the years, and establishing that eventual graduation rates increased to a meaningful degree based on programs like this.
Fact is, such programs DO NOT have any measurable effect on increasing the eventual graduation rates of the category of students who are seriously truant. That is why such articles, rather than referencing reliable correlative tracking data over the years(comparing graduation rates of truants who were not in the program to truants who were in the program),we are instead treated to anecdotal, individual feel-good success stories.
And these are sometimes accompanied with cliched statements like if we can only save one student from dropping out, the program is well worth it. But in the real world, that is not true and no government entity would fund a program that might only be assisting a person or two.
That all said, I know I now sound hypocritical to say I support the program, but I do till something better takes its place.
Guest
Anonymous
June 29, 2022 7:14 pm
12:06, years ago they had Truancy Court, and I believe the Hearing Master had contempt power(to some extent) in the more egregious cases. But then I think it was decided it was too inappropriate and punitive to conduct actual court proceedings against children who cut school, and the contempt power was the aspect that was really frowned on and eliminated early on. Then the court itself was eventually eliminated and the Truancy Diversion Program took over all the cases
I doubt the court worked any better, but maybe it did with a few of the really young pre-teen truants who may have been somewhat intimidated by what appeared to be a formal court process.
.
Also,the various type programs where prisoners interact with juvenile delinquents to warn them about what awaits them if they continue down such road, which have been around since the 70's, are other types of programs that people assume are very effective, but are not.
The media and the public tend to enjoy these programs, and they can be entertaining to watch footage of on T.V. , YouTube, etc.–hardened criminals screaming in the faces of young punk wannabe gang bangers, threatening them and the like. etc.
But it is yet another example of taking a very complex, pervasive,multi-layered societal epidemic(which includes many dynamics such as poverty, urban blight, intense peer pressure, drugs, alcohol, mental illness, lack or resources and opportunities, etc., etc., etc.) and believing we can put a real dent in it by a quick, visceral, highly aggressive instant cure–just let lifers yell at these kids and tell them what prison is REALLY like.
Yep, that will help solve it all. Yeah, right. In fact, not only do some such programs simply not work, but I believe some evidence indicates they may make matters worse.
Can a JP order him "not to practice law and to stay away from his law office"? Certainly I think she could order him to stay away from persons, but doesn't he still have an ethical duty to existing clients and to maintain the office etc? Of course prudence would dictate he do so, but that's another issue.
I'm not exactly sure how a justice of the peace, with limited jurisdiction can order him to not practice law. However – I think the JP can say 'Either you stop practicing law and stay away from your office, or I revoke bail and you have to stay in jail.' I wonder if that would fly?
I understood that an order for unpaid child support (or paternity test) was the only way a lower court could impact an attorney's licensure status (NRS 7.037) and even that requires the supreme court to confirm after 30 days.
I know he is irrevocably disbarred but your point raises an issue. Discipline/reinstatement in Arizona usually comes with a requirement that the attorney have undergone some form of mental health treatment and ability to show that they have addressed whatever caused them to violate. We have a limited mental health/substance abuse CLE requirement that most people blow off anyway. I think integrating a stronger mental health requirement in Nevada would be prudent because frankly a lot more of us are unwell than this one guy (see the guy who is the subject of the post right above this one).
Watch for all of this to change in the next few years. Including the irrevocability of disbarment.
Guest
Anonymous
June 29, 2022 8:00 pm
Is Trial By Peers still a thing? I used to do that 15 or so years ago and found that to be very impactful. It was also fun to volunteer and get to wear a robe. I loved it but then the cold hard reality of practicing law took over and I had to quit volunteering so I could focus on billing hours and making partners rich while I slowly became an alcoholic. But I digress.
Guest
Anonymous
June 30, 2022 5:14 am
Anyone know why there is a Facebook post taking applications for a Probate Commissioner? I thought Sean Tanko was already appointed Probate Commissioner.
Probate is really backed up. It takes approximately three months for a petition to be heard. Having a second probate commissioner would be a great idea.
Don't know what happened with Tanko. Probate Commissioner is a tough not help gig. Not all government jobs are cake jobs in fact many are a lot of work and no play with inadequate resources and help.
It has always been interesting to me that the Probate Commissioner is generally a probate practitioner but the Probate Judges generally have little to no probate experience. Is Nancy Becker still to Commissioner Pro Tem (I know she is a senior judge).
For the past couple of years Bighorn's associate turnover has rivaled Alverson Taylor.
Guest
Anonymous
June 30, 2022 6:40 pm
What happened at GEICO Staff Counsel? Heard through the grapevine they whacked and or laid off 6 attorneys and 6 staff–some of them good people apparently. Anybody know anything. Goes under Lee Grant and Associates or something like that.
Car accident cases are down across the board since nobody was really driving in 2020/2021 when they worked from home. Maybe just a cost cutting measure in the interim?
TTHHWWWAAACCKK!!! and FIRST!!!
The six year sentence of the intoxicated driver who killed another motorist seems somewhat on the light side of how such sentences have gone over the last few decades, wherein the laws and sentencing for traffic deaths caused by impaired drivers have become increasingly severe.
But my knowledge of the case is pretty much limited to the news articles. Had I known more about the intracacies and details of the case, I'm sure I would understand the six years sentence more. After all, I hardly think that Judge Johnson(based on his background) is known for light sentences. He is not, IMO.
I notice that the defendant looks in pretty bad shape(including what appears to be a breathing tube, etc) so perhaps her precarious health was a factor.
In that 8NewsNow article, referenced in the above topic section, there is an adorable photo of the victim on vacation a few years back and posing while holding a baby leatherback sea turtle.
the max minimum sentence he could give was 8 so 6 isn't too light
And the Nevada Supreme Court will reverse the de minis sentence on appeal.
11:26, and she also had several narcotics in her system, so it wasn't just alcohol. The situation was particularly outrageous and there does not appear to much in the way of mitigating factors, and in fact Defendant appears to have been somewhat uncooperative, and in non-compliance, during earlier stages of the case.
So, on the surface the six year sentence would seem like it can be viewed by defense counsel as pretty decent result for their client.
Now, although I mentioned that the brief article does not appear to suggest much in the way of mitigation(and in fact paints the picture of a somewhat uncooperative defendant at times), I do agree that Defendant's medical situation may have played a role in the sentencing, even though the article does not
appear to put focus on that factor.
A problem with these articles is that they are written by journalists who are not attorneys, and thus the emphasis on what to discuss and focus on is much different than if written by an attorney. Plus these articles tend to be brief and quite general–painting with real broad strokes. I don't handle criminal cases. I bet there are attorneys who handle criminal cases who could explain to us in just a couple sentences why six years is an appropriate sentence, and hopefully they will weigh in and post such explanations.
I also agree it may appear somewhat on the light side, as to how such sentences have been in recent years. But, like the above posters, I really only know of the case what has now been reported now that sentencing has occurred. I remember when this DUI death occurred, but then didn't really hear about it, or follow up, until now learning that it is concluded with the sentencing.
And, yes, these articles don't tend to do a deep dive, so we are often left with questions concerning sentences which either appear too short, or in some cases, too long.
One of the topics yesterday, and which had an attached article, was the Truancy Diversion program where Alternate Judges(i.e. attorneys who get to wear a robe for an hour or so a couple times a month when meeting with a truant) go to the middle schools and interact with the children who have serious attendance issues.
I think programs like this are very well-intended, and I applaud all those involved, and their hearts are certainly in the right place, but, unfortunately, the programs are not nearly as effective as the participants think they are. There is usually a lack of significant data tracking these matters over the years, and establishing that eventual graduation rates increased to a meaningful degree based on programs like this.
Fact is, such programs DO NOT have any measurable effect on increasing the eventual graduation rates of the category of students who are seriously truant. That is why such articles, rather than referencing reliable correlative tracking data over the years(comparing graduation rates of truants who were not in the program to truants who were in the program),we are instead treated to anecdotal, individual feel-good success stories.
And these are sometimes accompanied with cliched statements like if we can only save one student from dropping out, the program is well worth it. But in the real world, that is not true and no government entity would fund a program that might only be assisting a person or two.
That all said, I know I now sound hypocritical to say I support the program, but I do till something better takes its place.
12:06, years ago they had Truancy Court, and I believe the Hearing Master had contempt power(to some extent) in the more egregious cases. But then I think it was decided it was too inappropriate and punitive to conduct actual court proceedings against children who cut school, and the contempt power was the aspect that was really frowned on and eliminated early on. Then the court itself was eventually eliminated and the Truancy Diversion Program took over all the cases
I doubt the court worked any better, but maybe it did with a few of the really young pre-teen truants who may have been somewhat intimidated by what appeared to be a formal court process.
.
Also,the various type programs where prisoners interact with juvenile delinquents to warn them about what awaits them if they continue down such road, which have been around since the 70's, are other types of programs that people assume are very effective, but are not.
The media and the public tend to enjoy these programs, and they can be entertaining to watch footage of on T.V. , YouTube, etc.–hardened criminals screaming in the faces of young punk wannabe gang bangers, threatening them and the like. etc.
But it is yet another example of taking a very complex, pervasive,multi-layered societal epidemic(which includes many dynamics such as poverty, urban blight, intense peer pressure, drugs, alcohol, mental illness, lack or resources and opportunities, etc., etc., etc.) and believing we can put a real dent in it by a quick, visceral, highly aggressive instant cure–just let lifers yell at these kids and tell them what prison is REALLY like.
Yep, that will help solve it all. Yeah, right. In fact, not only do some such programs simply not work, but I believe some evidence indicates they may make matters worse.
may make matters worse.
Doug Crawford ordered to stop practicing law by Baucum. https://www.reviewjournal.com/crime/courts/attorney-charged-with-lewdness-ordered-to-stop-practicing-law-2600253/
Can a JP order him "not to practice law and to stay away from his law office"? Certainly I think she could order him to stay away from persons, but doesn't he still have an ethical duty to existing clients and to maintain the office etc? Of course prudence would dictate he do so, but that's another issue.
I'm not exactly sure how a justice of the peace, with limited jurisdiction can order him to not practice law. However – I think the JP can say 'Either you stop practicing law and stay away from your office, or I revoke bail and you have to stay in jail.' I wonder if that would fly?
I understood that an order for unpaid child support (or paternity test) was the only way a lower court could impact an attorney's licensure status (NRS 7.037) and even that requires the supreme court to confirm after 30 days.
Why not? Nancy Allf orders more ridiculous things than that
Brad Bellisario pleads guilty to stalking his ex-wife. https://www.reviewjournal.com/crime/courts/disbarred-attorney-pleads-guilty-to-stalking-ex-wife-2599182/
Dude is clearly unwell.
I know he is irrevocably disbarred but your point raises an issue. Discipline/reinstatement in Arizona usually comes with a requirement that the attorney have undergone some form of mental health treatment and ability to show that they have addressed whatever caused them to violate. We have a limited mental health/substance abuse CLE requirement that most people blow off anyway. I think integrating a stronger mental health requirement in Nevada would be prudent because frankly a lot more of us are unwell than this one guy (see the guy who is the subject of the post right above this one).
Watch for all of this to change in the next few years. Including the irrevocability of disbarment.
Is Trial By Peers still a thing? I used to do that 15 or so years ago and found that to be very impactful. It was also fun to volunteer and get to wear a robe. I loved it but then the cold hard reality of practicing law took over and I had to quit volunteering so I could focus on billing hours and making partners rich while I slowly became an alcoholic. But I digress.
Anyone know why there is a Facebook post taking applications for a Probate Commissioner? I thought Sean Tanko was already appointed Probate Commissioner.
Are we hiring 2 Probate Commissioners in the same way that we have 2 Discovery Commissioners?
Maybe they've added a second commissioner position? I've heard tell from colleagues who deal with probate that things are really backed up over there.
Probate is really backed up. It takes approximately three months for a petition to be heard. Having a second probate commissioner would be a great idea.
Nope I heard that Sean Tanko never started so they are recruiting again.
Like Tanko declined the appointment? WTH happened?
Don't know what happened with Tanko. Probate Commissioner is a tough not help gig. Not all government jobs are cake jobs in fact many are a lot of work and no play with inadequate resources and help.
No help gig.
It has always been interesting to me that the Probate Commissioner is generally a probate practitioner but the Probate Judges generally have little to no probate experience. Is Nancy Becker still to Commissioner Pro Tem (I know she is a senior judge).
Tanko is not taking the bench as Probate Commissioner. He's staying in private practice. The job posting is to fill the spot he was supposed to fill.
So Tanko applied, went through all of the interviews and candidate processes only to walk away after being appointed? Yamashita retired in November 2021. Took until May for Tanko to be appointed and now he walks away? Probate cases are going to be backed up for years. http://www.clarkcountycourts.us/new-probate-commissioner-named-to-serve-in-eighth-judicial-district-court/#:~:text=He%20replaces%20former%20Probate%20Commissioner,planning%2C%20trust%20administration%20and%20guardianship.
I am hearing of a big shakeup at Bighorn Law, partners and associates have left. Anyone have more info on this?
For the past couple of years Bighorn's associate turnover has rivaled Alverson Taylor.
What happened at GEICO Staff Counsel? Heard through the grapevine they whacked and or laid off 6 attorneys and 6 staff–some of them good people apparently. Anybody know anything. Goes under Lee Grant and Associates or something like that.
Car accident cases are down across the board since nobody was really driving in 2020/2021 when they worked from home. Maybe just a cost cutting measure in the interim?