Out With The New; In With The Cold

  • Law

  • The Supreme Court of Nevada issued a stay in a judicial discipline case so that Judge Melanie Tobiasson can challenge it on due process grounds. [Nevada Current]
  • That same Supreme Court is facing a growing backlog of cases–even with the Court of Appeals? [TNI]
  • Several lawyers are among those who contributed and had meetings with Governor-Elect Sisolak. [TNI]
  • President Trump’s judicial appointments were confirmed at a historic rate last year. [KNPR]
  • New laws went into effect with the new year. [Las Vegas Sun]
  • UNLV drops the widely panned new “Hey Reb” logo, in favor of the traditional UNLV arch logo. [KTNV]
  • Did you make any resolutions?
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Anonymous
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Anonymous
January 2, 2019 5:45 pm

Louis Tavano, Esq. died this weekend while sledding with his grandchildren in Brianhead, Utah. He was a wonderful man.

anonymous
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anonymous
January 2, 2019 7:30 pm
Reply to  Anonymous

RIP, Lou.

Anonymous
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Anonymous
January 2, 2019 9:26 pm
Reply to  Anonymous

I had been planning on going sledding up there either this year or next because Mr. Charleston is too busy at times and not the best for sledding.

Is the sledding at Brianhead kind of dangerous or fast-paced with obstacles, or was there a medical episode involved too? I presume he was sledding in an area set aside for sledding, could be wrong.

Anonymous
Guest
Anonymous
January 2, 2019 5:50 pm

It's amazing to me that UNLV logo was ever made public. More amazing is how long it took to get rid of it. The only sports logo I've seen that's worse is the new Aviators logo. An absolute atrocity. They will eventually have to get rid of that one too. But they will wait a year or two and wonder, "Why aren't we selling any merchandise?" Would be better to recognize sunk costs now and just get a new logo.

Anonymous
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Anonymous
January 2, 2019 5:54 pm
Reply to  Anonymous

Even more amazing is that it cost $50,000 to an out-of-state design firm to come up with that monstrosity for UNLV.

At least it was "private money."

Anonymous
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Anonymous
January 2, 2019 6:34 pm

I am just finishing my CLE for 2018 today. If I send in the certificates today, what will happen? Am I going to be fined? Administratively suspended?

Anonymous
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Anonymous
January 2, 2019 6:48 pm
Reply to  Anonymous

CLE needed to be completed by December 31, 2018 but the CLE Board has until March 1, 2019 to update the transcripts.

I believe you need to request an extension.

Anonymous
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Anonymous
January 2, 2019 7:11 pm
Reply to  Anonymous

On the NV CLE Board website, I see an exemption form based on hardship but not a general exemption form. Any ideas if a letter would do? I obtained my credits on time but they are not all updated and I have no desire to get suspended while they work it out or pay the $100 extension fee. Appreciate all input.

anonymous
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anonymous
January 2, 2019 7:35 pm
Reply to  Anonymous

I don’t think you are suspended unless and until they suspend you. Probably have to pay the hundred bucks though.

Anonymous
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Anonymous
January 2, 2019 7:47 pm
Reply to  Anonymous

If you completed your CLE in 2018, and submitted them in 2018, you're fine, even if they don't show up immediately. The nice folks at the CLE Board have to enter the credits, they don't appear automatically.
If you completed your CLE for 2018 in 2019.. you're gonna need an extension or a plea for mercy.

Anonymous
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Anonymous
January 2, 2019 9:52 pm
Reply to  Anonymous

I believe you just have to pay the $100 "extension fee" or whatever they call it. They'll send you a notice that you're not compliant and have a month or two to get it together before they issue suspensions.

Anonymous
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Anonymous
January 2, 2019 10:27 pm
Reply to  Anonymous

The CLE board has until 3/1/19 to update the transcripts. I am still waiting on 3.0 of Lexis CLEs to post to my transcript.

Anonymous
Guest
Anonymous
January 2, 2019 6:40 pm

I wish Judge Tobiasson well on her appeal. Judicial discipline seems to have a personal vendetta against a woman who is trying to protect our daughters from prostitution. I am praying for you.

Anonymous
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Anonymous
January 2, 2019 7:50 pm
Reply to  Anonymous

Says judicial discipline.

Anonymous
Guest
Anonymous
January 2, 2019 6:45 pm

One of the charging allegations is that Judge Tobiasson, when addressing the teen prostitution ring that posed an immediate threat to her daughter and other youngsters, due to her judicial positon had access to higher ranking Metro officials when she voiced her complaints, while the average person would have needed to start closer to the bottom when making a report to Metro.

So, as a result, one of the major charges(if not the major charge), is that she used the status and authority of her positon for personal gain or personal advantage.

But this is a very myopic, and extremely narrow and technical reading of the canon in question, and shows no understanding of the spirit, purpose and intent of the canon. I would have expected the Commission to know better, but foolish me.

Cases involving this concept usually involve a judge obtaining some financial advantage, or other advantage, over others who lack the same juice and influence. In many cases it is some financial advantage. In one Nevada case there was not necessarily a direct financial advantage, but a judge purportedly used the power and status of his office by sending a request, on judicial letterhead, for certain school documents for the purpose of aiding the judge in a custody dispute the judge was involved in against the child's mother.

So, those two elements are expected to be present: (1)The judge uses the power of his/her office to gain a financial or personal advantage,and;(2) this is unfair to others who are legitimately and rightfully seeking the same thing or advantage the judge covets.

But in this case, neither factor is vaguely satisfied. First, claiming the judge is using the status of her office to pursue some unfair pecuniary or personal advantage is laughable on its face when her efforts are to do whatever she can to stop a horrific crises jeopardizing the safety and lives of teenage girls. And, secondly, there is no legitimate people or interests on the other side who are being disadvantaged by the judges efforts. The opposing side, as it were, consists of dangerous felons running a teen prostitution ring.

Again, since the Commission fails to understand this, let's make it clear. She sought to gain no financial or personal advantage, due to her positon, which prejudiced, or was unfair to, others who also had legitimate, rightful and legal claim to whatever it was the judge was seeking to obtain.

I guess if the Commission wants to advance the ludicrous argument that she had a personal gain because one of the young lives she tried to save was her daughter's, I guess they can engage in that tortured analysis.

But, even if we go down that absurd path, who can categorically conclude that none of these higher ranking Metro officials would have been available to an average person whose daughter is being exploited? Sometimes people who are in this situation keep complaining and keep persisting to the point that they eventually receive contact with those much higher up in the Metro food chain.

Do they not understand their own rules and canons they seek to enforce?

Anonymous
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Anonymous
January 2, 2019 6:49 pm
Reply to  Anonymous

Enter great lawyer, Jill Davis.

Anonymous
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Anonymous
January 2, 2019 7:38 pm
Reply to  Anonymous

My daughter was sexually molested by a "family friend" when she was very young and Metro did nothing but interview the perpetrator (no polygraph was given) and tell me to keep my child away from him. "Child Protective Services" also failed to act, except to insult and threaten me. A mother can get pretty frustrated when the entities who are supposedly pledged to protecting our children prove to be totally apathetic to their plight.

anonymous
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anonymous
January 2, 2019 7:38 pm
Reply to  Anonymous

I can’t speak to her courtroom conduct one way or the other, but these charges seem like BS. It isn’t as if she tried to fix a traffic ticket or get them to take it easy on a friend or a relative. She was reporting a crime.

Anonymous
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Anonymous
January 3, 2019 1:36 am
Reply to  Anonymous

I posted earlier but her animus towards Metro are affecting her performance on the bench and the decisions that she is making. Frankly she needs to step away from anything other than traffic tickets and small civil actions. Her criminal calendar is one tirade against Metro and the jail after another. Her TPO calendar is one tirade about needing to protect people (even without evidence) because Metro is not going to protect people. She needs to step away.

Anonymous
Guest
Anonymous
January 2, 2019 8:04 pm

The Nevada Supreme Court needs to spend more time resolving cases and less time presiding over commissions, committees, subcommittees, blue ribbon panels, and every other time suck that keeps them from doing the primary purpose of their jobs. It's time to drop their positions on national committees, pause the administrative docket, stop micro-managing the governance of the lower courts, and decide appeals. Once the backlog is under control, slowly add back in some of the other functions – but for now, just work. As an incentive, the legislature should refuse pay hikes until the backlog is caught up.

Anonymous
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Anonymous
January 2, 2019 8:47 pm

Anyone know the last day we can pay bar dues and still be on time?

anonymous
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anonymous
January 2, 2019 9:03 pm
Reply to  Anonymous

My understanding is Jan. 1, but I’m going to be a couple of days late as I’ve been out of town and the website claims not to know that I exist.

Anonymous
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Anonymous
January 2, 2019 9:15 pm
Reply to  Anonymous

My recollection is that they're late after March 1. Your annual CLE dues are late after February 15.

Anonymous
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Anonymous
January 2, 2019 9:34 pm
Reply to  Anonymous

It's March 1st.

anonymous
Guest
anonymous
January 2, 2019 9:38 pm
Reply to  Anonymous

I thought they moved the date a year or so ago. Hopefully my three or four days of tardiness won’t result in an NSC opinion with my name on it, but one never knows these days.

Anonymous
Guest
Anonymous
January 2, 2019 9:48 pm
Reply to  Anonymous

SBN sent out an email on November 30th with login and password instructions for renewal.

anonymous
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anonymous
January 2, 2019 9:51 pm
Reply to  Anonymous

Wanted: SBN webmaster. No experience necessary.

anonymous
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anonymous
January 2, 2019 9:52 pm
Reply to  Anonymous

Guess I’d better check the spam folder.

Anonymous
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Anonymous
January 2, 2019 10:25 pm
Reply to  Anonymous

God bless you @1:48 PM

Anonymous
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Anonymous
January 3, 2019 2:31 am
Reply to  Anonymous

I found the email from the SBN this afternoon and paid mine today as well. They didn't add a late fee or anything so I'm hoping I'm good.

Anonymous
Guest
Anonymous
January 2, 2019 11:48 pm

Pretty sure my firm paid, but the website does not reflect it. Not a huge surprise, the find a lawyer function also shows contact info for me I changed 8 months ago.

Anonymous
Guest
Anonymous
January 3, 2019 1:07 am

The Nevada Supreme Court entered an order on December 31, 2018, in ADKT 522 amending NRCP, NRAP, and other rules, following the review of the Committee to Update and Revise NRCP. The amended rules take effect March 1, 2019. The Order amending the rules and the amended rules are available at http://caseinfo.nvsupremecourt.us/document/view.do?csNameID=42567&csIID=42567&deLinkID=695352&sireDocumentNumber=18-910939.

Anonymous
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Anonymous
January 3, 2019 1:37 am

Any more information on the rumor that there were defections from the OBC over the weekend?