Peep Hangover

  • Law

  • The new federal tax plan will affect alimony. [RJ]
  • Pursuant to a settlement, the DA’s office must now release more information about witness payments. [RJ]
  • This afternoon is the hearing on ADKT 0533 on random trust account audits.
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Anonymous
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Anonymous
April 2, 2018 4:35 pm

How is it in 2018 that I can file something through e-filing on Thursday afternoon and it be Monday morning at 9:30 am and the District Court still has not been able to process it? You know when I started practicing in the mid-1990's, "filing" meant putting the stamp of the Court on a document. In over two decades, the Eighth Judicial District Court has gone backwards. Technology has seemingly taken the Court backwards where things are less efficient than before. How is 2018 can we not have a filing system that works?

Anonymous
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Anonymous
April 2, 2018 4:59 pm
Reply to  Anonymous

They need to implement a system that operates similar to federal/BK ECF system. The system date/file-stamps a filing regardless of what is presented. Then the clerk reviews it and if it's deficiency, they issue a notice of deficient filing directing that the item be corrected and re-filed. That way there isn't any type of delayed confirmation of a filed document, and if it's getting close to a deadline, one doesn't waste 2-3 days to find out if there's a problem with it.

Anonymous
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Anonymous
April 2, 2018 5:54 pm
Reply to  Anonymous

Literally the Clerk's Office is to stamp the document. Computers can (and do) the stamping in Fed/BK and pretty much every other court that has a brain. That is why even in Courts which do not have e-filing, "filing" meant the Clerk inserted the first page of the document into the stamping machine. This is not hard. We have a Court that refuses to make progress.

Anonymous
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Anonymous
April 2, 2018 6:30 pm

The RJ article phrased things in a loaded fashion which presumed certain negative conclusions when, in the article's first paragraph, it referred to the District Attorney's practice of paying money for testimony.

Strictly speaking, and to be fair, the policy is not to pay money for certain, specific testimony that the DA desires, but instead to reasonably compensate a witness, often travelling from out-of-town, to simply testify truthfully.

But, admittedly, the devil can be in the details. If the DA's offcie goes way beyond compensating someone for standard, legitimate expenses(e.g. hotel, plane fare, meals,etc.) and starts paying for cell. phones, car payments, college tuition, or a myriad of other things, it raises a fair question as to whether in a case of real import to the DA(like one that receives a fair degree of public attention)a witness , by being provided all these extra goodies, is being provided an inducement to beef up their testimony so that it is more clear, and more favorable to the prosecution's position.

And the fact they fought this for four years or more in litigation always raises a question. People will not buy the argument that someone blocked production of the records primarily due to confidentiality concerns or to protect the integrity of the process. They will instead believe that if the DA's office spends all this litigation money to protect records of payments from disclosure to the media, that some of it is embarrassing and that some of the payments are really excessive.

Another questionable decision is the DA refusing to open an investigation, and not referring the matter out to a separate agency like the AG, concerning allegations of campaign contributions allegedly used for improper and/or personal purposes. The DA's decision to stand by the campaign worker who handled the finances, and saying she is so wonderful he wishes he could clone her, is very concerning.

Perhaps she has always been reliable in the past, but things do change, and people can become desperate for money. I have no idea if that is what happened here, but that is what an investigation can hopefully determine. And the DA seems to fail to fully understand the fiduciary nature of all this. If a campaign worker inappropriately used funds for personal and/or inappropoate purposes, the buck stops with the candidate and the candidate(in this case the DA) can be largely responsible and culpable. Now this responsibility and culpability can be dramatically mitigated if the DA invites an investigation, rather than declining one.

The RJ and other media outlets will pound on this relentlessly, and an otherwise safe re-election could be placed in peril. And that is a shame, because on the balance I would much prefer Wolfson over his opponent.

Anonymous
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Anonymous
April 2, 2018 7:20 pm
Reply to  Anonymous

The other shady thing here (the most shady thing IMO) is that the DA's office was hiding these payments from defense attorneys for a whole decade. Regardless of what right the general public has to know about this sort of thing, "payments made to a witness" is 100% the kind of stuff that ought to be disclosed under Brady.

The fact that the DA's office was hiding this stuff from defense attorneys makes it seem less like it's about their budget or whatever, and more about gaining an unfair advantage in trials. And I think that context informs how the media is reporting on it as well.

Basically, I think your reading of the situation would make sense in a vacuum. But in the context of the office's previous behavior, I think it's quite justified to take a more jaundiced view of the current situation.

Anonymous
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Anonymous
April 2, 2018 8:14 pm

As a former government employee, when we compensated witnesses who testified in our criminal matters, they would have to fill out a W-9 before we could make any travel arrangements – and they were only compensated for clearly defined travel costs + $25/day witness fee. This is set by statute and regulations. As to Confidential Informants, Investigators would still have to complete a regulation form in order to pay them, so someone knew and records were made as to who/what/why the money was going out. Why doesn't the DAs office have to follow the same rules? It is, after all, taxpayer funds that are paying these individuals.

Anonymous
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Anonymous
April 2, 2018 9:49 pm

Is the clown show going to be live streamed, like other oral arguments?

Anonymous
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Anonymous
April 2, 2018 10:01 pm

Anybody else having problems getting the NVSC's live stream to work? The last time I watched a hearing (GKH's discipline) the video cut out and it became audio only.

Anonymous
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Anonymous
April 2, 2018 10:10 pm
Reply to  Anonymous

working for me in Internet Explorer

Anonymous
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Anonymous
April 2, 2018 10:26 pm
Reply to  Anonymous

only seems to work in ye olde IE.

Anonymous
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Anonymous
April 2, 2018 10:15 pm

According to Gene Leverty, attorneys being audited will not have to pay for the audit. It will be confidential, so we don't have to worry about privilege. It's meant to educational and a deterrent. also, zzzzzzzzzzzzzzzzzzzzzzzzz…

Anonymous
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Anonymous
April 2, 2018 10:17 pm
Reply to  Anonymous

Looking at doing 60 audits per year.

Anonymous
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Anonymous
April 2, 2018 10:26 pm
Reply to  Anonymous

Justice Cherry seems opposed to it based on the fact that it will unfairly impact small firms.

Justice Pickering concerned about the cost and how they will pay for it.

Just watching this little exchange, one might think the Court has their wits about them and the BOG is off their rocker.

Anonymous
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Anonymous
April 2, 2018 10:29 pm
Reply to  Anonymous

Bar will spend roughly $120,000 a year for these audits, but attorneys won't see any due increases.

Justice Stiglich asking if this the best way to educate the bar?

Anonymous
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Anonymous
April 2, 2018 10:30 pm
Reply to  Anonymous

What a little bastard. BoG is arguing that the time suck of a solo having to work with the auditor is just "a cost of business" and that there's no cost if they were doing everything right to begin with.

Anonymous
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Anonymous
April 2, 2018 10:31 pm
Reply to  Anonymous

He keeps saying that we need guidelines. Then propose guidelines, jackass. You can publish an annual "Best Practices" article in the NV Lawyer for a whole hell of a lot less than $120k.

Anonymous
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Anonymous
April 2, 2018 10:32 pm
Reply to  Anonymous

Comments of Nevada Supreme judges are ridicules… Graham case was a shame on Nevada and could be prevented if proper policy and audit was implemented…

Anonymous
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Anonymous
April 2, 2018 10:36 pm
Reply to  Anonymous

We are talking about trust accounts not qualified expensed of attorneys… BAR has my respect here he gave all valid concerns…

Anonymous
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Anonymous
April 2, 2018 10:38 pm
Reply to  Anonymous

Hardesty concerned the BOG might have the cart in front of the horse.

Anonymous
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Anonymous
April 2, 2018 10:40 pm
Reply to  Anonymous

Big damn shocker – audits identify compliance to stated guidelines. The bar admits it has no stated guidelines. How the hell does it propose to conduct audits? Based on whatever specific issue Stan had a hard-on for that morning?

Anonymous
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Anonymous
April 2, 2018 10:49 pm
Reply to  Anonymous

We want to be able to go after the lawyers first. Then we'll get to the guidelines. Later. Maybe. For the lulz.

Anonymous
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Anonymous
April 2, 2018 11:05 pm
Reply to  Anonymous

In other news, the NFL has announced that referees will demarcate the goal line after each offensive drive.

Anonymous
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Anonymous
April 2, 2018 10:24 pm

I wonder if any of the BOGS will be audited, Paola?

Anonymous
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Anonymous
April 2, 2018 10:31 pm

This is a bigger clusterf**k having heard Leverty than I ever imagined. What a DISASTER this hearing is.

Anonymous
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Anonymous
April 2, 2018 10:37 pm

That suit coat is sweeeeet!!!

Anonymous
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Anonymous
April 2, 2018 11:04 pm

Gene Leverty is an idiot. At first, he took the untenable position that a random audit would impose zero cost on a small firm. Justice Cherry quickly disposed of that, and Leverty then shifted to the contradictory position of arguing that the costs to small firms were the "cost of doing business." So which is it, Gene? Zero cost or the cost of doing business?

Anonymous
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Anonymous
April 2, 2018 11:11 pm

I want to elect Luz for Nevada Supreme Court, Seat C.

Anonymous
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Anonymous
April 2, 2018 11:19 pm

Any bozo who supports the audit fuck job gets opposition in their election.

Anonymous
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Anonymous
April 2, 2018 11:24 pm

What is in your Easter basket?

Anonymous
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Anonymous
April 2, 2018 11:30 pm

For educational purposes, the State Bar would like to come into your office and have a representative sit in on every client consultation and telephone call, just the make sure that you are handling everything appropriately. They don't know what they are looking for yet or what the guidelines for their supervision will be but would like to assure you that they will know it when they see it.

Anonymous
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Anonymous
April 2, 2018 11:51 pm
Reply to  Anonymous

Don't forget the FEAR, Gene. We must have fear because an effective Bar Association must have fear.

Anonymous
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Anonymous
April 2, 2018 11:37 pm

Could we please put all the BOGS names up in lights? They should be loud and proud.

Anonymous
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Anonymous
April 3, 2018 12:27 am

I will say for all of the hue and cry, nobody NOBODY showed up to testify. When this gets shoved down our collective throats (and it is going to be) remember today when NO ONE showed up to testify (except for some dude who Doug Crawford allegedly ripped off).

On the good side, Douglas said that the Court will take two more weeks for written comments.

Anonymous
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Anonymous
April 3, 2018 4:57 am
Reply to  Anonymous

First, how are they accepting more comments if you know?

Second, NOBODY showed up, but hundreds of people provided the State Bar with well reasoned opinions as to why this is a bad idea. I don't think this was lost on the Court (though it was clearly lost on Mr. Leverty and the BOG).

anonymous
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anonymous
April 3, 2018 5:38 am
Reply to  Anonymous

No one cares about the comments from lawyers. No one will act upon them, and most of them will go un-read by the people who decide. This two week open comment period is intended to placate the lawyers into believing their view points matter and were at least seriously considered.

The Audit requirements will go through as planned, with few, if any, modifications, and don't expect the NSC to run interference for the lawyers or dial back the efforts of the State Bar, the BOG, or any other entity. Of the people now making these decisions, very few, if any, would be rank-and–lawyers still running a small or solo practice.

None of these entities believe they have anything to gain by responding to the attorneys' concerns as to the audit issues. Most of these justices on the NSC get re-elected with either no opposition, or token opposition at best. And as to the BOG, everyone is bitching about how they will support good, responsive lawyers(or even a slate of lawyers)to run against the incumbents, but nothing ever materializes in this regard. People temporarily bitch about things, but then return to being so consumed in their practices and lives that they refuse to take the time, expend the resources, or potentially incur the wrath of the powers-that-be.

Nothing ever happens. In fact, BOG members that are the worst for rank-and-file attorneys, perpetually get re-elected.

So, these entities know that we will do nothing but complain, and will never harness the admittedly potentially formidable power we have–in numbers, and combined resources as well. And these entities would much rather pander to the public and media by saying "Look! We are the good guys and are trying to monitor and ferret out the crooked lawyers!"

They would much rather do that than to be responsive to attorneys who do nothing but post an occasional anonymous gripe(like this one and all those above, and in previous days).

Anonymous
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Anonymous
April 3, 2018 3:37 pm
Reply to  Anonymous

@ 9:57– At the end of the Hearing, Douglas said that the Court will accept written submissions for another two weeks and stated that Parraguirre and Gibbons both wish to be part of the caucus (even though they were not in attendance).

As for the hundreds of comments, it was startling (ok not really if you know him) that Hardesty made a special point to say that he read all of the comments and that his impression was that most of the respondents wanted some form of audits. In other words, he did not read most of the comments and is going to do whatever he wants.

Anonymous
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Anonymous
April 3, 2018 4:02 pm

A close friend of mine is a law clerk for the court and says the judge wants input from the lawyers. This is a big deal and we will get what we get unless you all weigh in.

Anonymous
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Anonymous
April 3, 2018 4:21 pm

Please post instructions how we can submit written opinions.

Anonymous
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Anonymous
April 3, 2018 6:11 pm
Reply to  Anonymous

Same as before the Hearing. Original and 8 Copies to the Clerk of the Supreme Court.