Procedurally Improper

  • Law

  • The Nevada Supreme Court, seemingly in an effort to show how nimbly it can act despite all your comments to the contrary, has already issued a decision on the Scott Dozier execution case. [TNI]
  • The I-Team looks into the real numbers behind Nevada’s opioid deaths. [LasVegasNow]
  • Could Vegas really have an NBA team within the next 5 years? [Las Vegas Sun]
  • Clark County attorneys should be getting an email today about elections for the Board of Governors. There are a total of 10 candidates for 4 positions (meanwhile, in the North there were exactly 2 candidates for 2 positions). You can read the candidate statements here:
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Anonymous
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Anonymous
May 11, 2018 3:00 pm

Nimbly? It is an 8 page decision rendered on procedural grounds. It is hardly Marbury v. Madison.

Anonymous
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Anonymous
May 11, 2018 3:03 pm

The four current Board Members are automatically disqualified. The candidates who appear most strongly to advocate tearing apart the current system and making the State Bar more accountable to members are Craner, Quinn and Shafer. They get my votes.

Anonymous
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Anonymous
May 11, 2018 3:13 pm
Reply to  Anonymous

^^ What he/she said.

Anonymous
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Anonymous
May 11, 2018 3:16 pm
Reply to  Anonymous

Agree: Quinn, Santos, Schaeffer, Works

Anonymous
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Anonymous
May 11, 2018 3:22 pm
Reply to  Anonymous

Craner, Goodey, Quinn, Santos. Maybe Coffing.

Anonymous
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Anonymous
May 11, 2018 3:24 pm
Reply to  Anonymous

Not Works. He's a current BOG. And, on the audit committee. Definitely NOT Works.

Anonymous
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Anonymous
May 11, 2018 3:26 pm
Reply to  Anonymous

Ryan Works? One of the guys who pushed audits? Never. No way. Sorry your political career is over.

Anonymous
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Anonymous
May 11, 2018 3:29 pm
Reply to  Anonymous

Current members are out. Craner is a yes for sure. Quinn, definitely, based on his statement that's he's against trust audits and wants transparency (also because he's a solid dude). Shafer has waaay too many platitudes for me to trust him, and his use of LDS cultural subtext irritates me (and I'm LDS). Santos doesn't want audits or mandatory insurance. He's in. Coffing/Goodey? I want both. Crap.

Anonymous
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Anonymous
May 11, 2018 3:34 pm
Reply to  Anonymous

I know Shafer (and I am not LDS). He is actually committed to tearing apart not only the BoG but really tearing into what is going on at OBC (which is not something many of the current candidates indicated). Honestly tearing apart the current BoG is important but someone who really wants to scrutinize what OBC is doing is crucial.

Anonymous
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Anonymous
May 11, 2018 3:40 pm
Reply to  Anonymous

Well, too bad Shafer didn't say so in his statement. Instead we got a bunch of banality.

Anonymous
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Anonymous
May 11, 2018 3:40 pm
Reply to  Anonymous

Delusional about Quinn. Says one thing, doesn't follow through.

Anonymous
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Anonymous
May 11, 2018 3:46 pm
Reply to  Anonymous

8:34,

Well, then he should have said so in his candidate statement. Didn't vote for him.

Craner, Goodey, Quinn & Santos!

Anonymous
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Anonymous
May 11, 2018 5:10 pm
Reply to  Anonymous

Really… Shoulder to the Wheel….

Anonymous
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Anonymous
May 11, 2018 5:24 pm
Reply to  Anonymous

I love this thread…

Anonymous
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Anonymous
May 11, 2018 5:33 pm
Reply to  Anonymous

Shoulder to the wheel . . . reminds me of https://binged.it/2KdiUij

Anonymous
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Anonymous
May 11, 2018 3:14 pm

What about Ryan Works? He's so precious. I just want to pinch his cheek he's so cute.

Anonymous
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Anonymous
May 11, 2018 3:27 pm
Reply to  Anonymous

Let him stay cute. But Ryan Works needs to be voted out. He's part of the cabal of cavalier and clueless incumbents.

Anonymous
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Anonymous
May 11, 2018 5:35 pm
Reply to  Anonymous

I fourth and fifth on Works, hell no. Hell no Armeni.

Anonymous
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Anonymous
May 11, 2018 3:21 pm

Cranee, Goode, Quinn and Santos for the BOG – the 4 candidates who metioned opposition to random audits, and bonus points to Santos for opposing the UBE

Anonymous
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Anonymous
May 11, 2018 3:24 pm
Reply to  Anonymous

Those are who I just voted for as well…

Anonymous
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Anonymous
May 11, 2018 3:34 pm
Reply to  Anonymous

Same.

Anonymous
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Anonymous
May 11, 2018 3:53 pm
Reply to  Anonymous

I replaced Coffing for Quinn. Coffing is concerned with the "value" for our high dues. Quinn might be good too, and will probably win since for a lot of people, Coffing represents the old guard.

Either way, I'm hoping the incumbents get the boot.

Anonymous
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Anonymous
May 11, 2018 5:25 pm
Reply to  Anonymous

I want current BOGS out, five votes, how do I optimize my votes? Four votes, one each for the above, and second vote for one of them. Please advise.

Anonymous
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Anonymous
May 11, 2018 5:33 pm
Reply to  Anonymous

Only four votes in Clark County.

Anonymous
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Anonymous
May 11, 2018 6:34 pm
Reply to  Anonymous

Thanks for the opinions on these four. I just voted the same. Time to start over for the BOGS.

Anonymous
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Anonymous
May 11, 2018 7:24 pm
Reply to  Anonymous

Okay, one vote each. No incumbents

Anonymous
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Anonymous
May 11, 2018 3:23 pm

For everyone's convenience!

CHALLENGERS:
Andrew Craner
Jessica Goodey
Terry Coffing
Casey Quinn
Cory Santos, Sr.
Jay Shafer

INCUMBENTS:
Paola Armeni
John "Jack" Howard, Jr.
Kari Stephens
Ryan Works

Bios here: https://www.nvbar.org/about-us/board-of-governors/board-governors-elections/2018-board-governors-candidates/

Interesting that the challengers seem to have more specific issues in their statements while the incumbents mostly rely on their own resumes and history with the Bar.

Make sure you vote and make sure everyone in your firm and in your orbit votes. The incumbents are well-connected and will probably receive the same number of votes from the same people. Whether or not we have a change election will entirely come down to new voters like myself. Please vote AND make an effort to get others to vote as well.

Anonymous
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Anonymous
May 11, 2018 3:35 pm
Reply to  Anonymous

I would add that people should do what I did which is add this stuff to your Facebook and social media.

Anonymous
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Anonymous
May 11, 2018 3:36 pm
Reply to  Anonymous

In their position statements, Craner, Goodey, Quinn and Santos clearly articulate their views on transparency and opposition to the worst of the BOG's recent overreaching abuses. The other challengers, Shafer and Coffing, appear more tepid and benign on reform. We need strong unafraid reform activists on the board, especially with two returning incumbents expected to serve up more of the same BS from Washoe County.

Anonymous
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Anonymous
May 11, 2018 4:39 pm
Reply to  Anonymous

Shafer is pretty forceful about this. He wants to bring the Convention to Nevada, make all the ADKTs more public and throw light on all the inner workings of the state bar.

Anonymous
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Anonymous
May 11, 2018 4:54 pm
Reply to  Anonymous

That was my reading. Shafer seemed to be the most Anti-Establishment candidate on there.

Anonymous
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Anonymous
May 11, 2018 3:32 pm

I am so proud of you guys on the blog. I don't mean it in a pretentious way. Vote the jerks out, judges and BOGS. My BOG ballot was in the spam, so double check, please. You guys made my morning by voting and caring about this!

Anonymous
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Anonymous
May 11, 2018 3:45 pm
Reply to  Anonymous

Don't assume this is a victory. It could be that the discontent here is a vocal minority. I don't think so based upon my interactions with others IRL, but we won't know until the totals come out. We have to operate from the assumption that Craner, Goodey, Quinn & Santos are underdogs. Be sure to vote and encourage others to as well!

Anonymous
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Anonymous
May 11, 2018 9:54 pm
Reply to  Anonymous

The only place I hear anyone talking about the BOG election is on this blog. No one around my firm is discussing it, I don't read about it in the newspaper, etc. If people aren't reading this blog, they are not likely to be super involved and, I think, they will likely vote incumbent. While I voted to oust the incumbents, I won't be surprised if they win in a landslide.

Anonymous
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Anonymous
May 11, 2018 3:38 pm

I just voted for the ANTI-AUDIT Caucus: Craner, Quin, Santos & Goodey!

Please, Craner, Quin, Santos & Goodey, when you are elected, (1) start holding annual meetings here in Nevada; (2) oppose carpetbagger, non-Nevada attorney Dan Hamilton's attempt to water down admissions standards and introduce the UBE; and (3) increase transparency.

Particular
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Particular
May 11, 2018 3:41 pm
Reply to  Anonymous

Won't happen with quinn

Anonymous
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Anonymous
May 11, 2018 4:08 pm
Reply to  Anonymous

This raises a great question–why is the dean of the law school included as an ex-officio member of the board of governors?

Anonymous
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Anonymous
May 11, 2018 3:43 pm

Also, it appears that SBB Advertising Committee is taking the position that social media adverts =/= "a website." So you know that Facebook Ad you want to run for $30? Yeah, they want to charge you $100 to review it first. No indication of whether this includes "boosted" posts. What this means is that Google Ads and Craigslist Ads are likely in their targeting radar. What a shitshow.

Anonymous
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Anonymous
May 11, 2018 4:36 pm
Reply to  Anonymous

It is really confusing. But it is hard to see where under any reasonable measure Google would be considered "social media." Facebook and Twitter have freestanding apps that don't necessarily draw content from a website. But google ads have a url i.e. are a website. Craigslist you can post an ad which is really also just a url/website and it is free, so that's even further removed.

Anonymous
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Anonymous
May 11, 2018 4:46 pm
Reply to  Anonymous

9:36am is right it is super confusing. Craigslist isn't free anymore as they charge $5.00 to advertise under services for each post so I think that places it under the "advertisements disseminated for something of value" part of the rule.

Anonymous
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Anonymous
May 11, 2018 4:42 pm

I spoke with Shafer, who was advised the bio was to be a bio. I know he is against trust account audits and for transparency in BOG work, bringing the Convention back to Nevada and for being an advocate for the actual practitioners.

Anonymous
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Anonymous
May 11, 2018 5:15 pm

Have Shafer get on here and make a public statement about his positions.

Anonymous
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Anonymous
May 11, 2018 8:52 pm
Reply to  Anonymous

Or, he could send a supplemental email out to voters.

Anonymous
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Anonymous
May 11, 2018 5:52 pm

I voted. No current board members got my vote.

Anonymous
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Anonymous
May 11, 2018 6:35 pm

Why is the voting for BOG open for a whole month? This could be done in a day. Typical of current administration, eh?

Anonymous
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Anonymous
May 11, 2018 6:55 pm

This election for the BOG is a first step. I voted out each and every incumbent. The next President has already been determined–it is Richard Pocker. We will need to replace each and every incumbent. The BOG needs to represent the issues of all its members not just the 200 who attend the annual meeting. I wonder if there is a provision to recall the current members, the President, President Elect and the other officers.

Anonymous
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Anonymous
May 11, 2018 7:06 pm
Reply to  Anonymous

And 86 Kim Farmer?

Anonymous
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Anonymous
May 11, 2018 7:24 pm
Reply to  Anonymous

Do you recall when at least three former Bar employees sued the Bar due to alleged misconduct on the part of Kim Farmer? What happened to those lawsuits and did our Bar dues go toward settlements?

Anonymous
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Anonymous
May 11, 2018 7:33 pm
Reply to  Anonymous

Your bar dues went to defense. Your bar dues went to resolution of the action.

Anonymous
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Anonymous
May 11, 2018 6:59 pm

How many of you actually think/believe that the BOG election is or will be honest and/or above board? What if anything is in place to guarantee that?

Anonymous
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Anonymous
May 11, 2018 8:16 pm
Reply to  Anonymous

This is a little too tin foil hat for my tastes. Go watch InfoWars.

Anonymous
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Anonymous
May 11, 2018 8:31 pm
Reply to  Anonymous

I think the question is a reflection of the plethora of BOG opinions voiced here daily.

Anonymous
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Anonymous
May 11, 2018 7:19 pm

Maybe I run in different circles. Or maybe the same person is posting all of these comments. I've mostly heard of people voting for the incumbents. I plan to do so as well.

Anonymous
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Anonymous
May 11, 2018 7:22 pm
Reply to  Anonymous

Can we please stop with the same person who keeps posting the same comments. It is getting moldy. People are voting out Bogs.

Anonymous
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Anonymous
May 11, 2018 7:34 pm
Reply to  Anonymous

12:19– Why? Name some things that the present incumbents have accomplished to make the SBN better.

Anonymous
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Anonymous
May 11, 2018 8:29 pm
Reply to  Anonymous

12:19 other than people seeking to change things—who talks about BoG elections?

Anonymous
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Anonymous
May 11, 2018 8:57 pm
Reply to  Anonymous

Why vote for incumbents? The audit BS alone is enough to get them voted out. The Bar did nothing for years over Graham and then when that blew up in their faces they want to stick us with random audits? Vote them all out. We need a BOG that actual serves the members – not their own individual political desires.

Anonymous
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Anonymous
May 11, 2018 10:33 pm
Reply to  Anonymous

12:19 here. For the record, I'm all for the random audits. Seems to work out well in North Carolina. For example, random audit in first quarter of 2012 found 67% of the audits were problematic, and that improved the following years.

People were talking about BOG election today because of the email that went out. Talked with at least 30 people who were inclined to vote for incumbents. You do you, and I'll do me. Not even going to try changing people's mind on an anonymous blog. We'll just see when the results come out.

Anonymous
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Anonymous
May 11, 2018 10:38 pm
Reply to  Anonymous

The same people who voted for the incumbents will vote for them again. Whether they are voted out depends on how many people who didn't previously vote participate this time. It's impossible to know that number from anonymous comments on a blog. I don't even know what normal turnout is. Does anyone know those stats? Does even 20% of membership normally participate in these elections? This is why it is so critical to vote.

Anonymous
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Anonymous
May 11, 2018 10:39 pm
Reply to  Anonymous

You've surveyed 30 people about who they're going to vote for in the BOG election? Puhlease.

Anonymous
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Anonymous
May 11, 2018 10:46 pm
Reply to  Anonymous

12:19 again. Survey? No. I work in a large firm and ran into 5 other attorneys. BOG election was watercooler talk. Couldn't care less who they plan to vote for. Just sharing what I heard. Shouldn't affect anyone else's vote. Not sure why 3:39 is getting so riled up about who I talked to. Who gives a shit how many people I spoke with? Vote for whoever you want, and let the results speak for themselves.

Anonymous
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Anonymous
May 11, 2018 11:00 pm
Reply to  Anonymous

3:39 here. Not riled up 12:19/3:46, I just wanted you to know that we know you're full of shit.

Anonymous
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Anonymous
May 11, 2018 11:08 pm
Reply to  Anonymous

4:00/Craner/Goodey/Coffing/Quinn/Santos/Shafer, good to know that you speak for the blog. Good luck with the election.

Anonymous
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Anonymous
May 11, 2018 11:38 pm
Reply to  Anonymous

Get real.

Anonymous
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Anonymous
May 11, 2018 7:29 pm

Off topic – but I have a question. Can anyone tell me why a plaintiff's attorney would want to take the deposition of a claims handler or adjuster? Just curious regarding the strategy. Thanks.

Anonymous
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Anonymous
May 11, 2018 8:33 pm
Reply to  Anonymous

Bad faith claim?

Anonymous
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Anonymous
May 11, 2018 8:50 pm
Reply to  Anonymous

Bad faith. Plaintiff is seeing if the unofficial policies of the company and claims adjuster do not match with the insurance policy.

Anonymous
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Anonymous
May 11, 2018 7:59 pm

Vote for change, Santos, Goodey, Craner and Quin. Boycott Solo!

Anonymous
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Anonymous
May 11, 2018 9:00 pm

just voted – zero incumbants

Anonymous
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Anonymous
May 11, 2018 10:56 pm

This Blog is Dead! j/k

Anonymous
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Anonymous
May 11, 2018 11:25 pm

Allstate just informed my office that it is denying my client's claim entirely because they were treated in part by providers who are subject to a civil RICO case commenced by Allstate. I am sending a letter memorializing this in an effort to truly "pop the limits." Specials are about $23k on a $15k policy (there are first party benefits available). Do you guys think I need to do anything else? The fact that this carrier is not paying any money on a claim because of some treatment by a provider who is on their "shit list" indeed constitutes bad faith, right?

Anonymous
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Anonymous
May 12, 2018 1:05 am
Reply to  Anonymous

Yes you need to do more likely. Talk with someone who does PI everyday and more importantly understands bad faith.

Anonymous
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Anonymous
May 12, 2018 2:08 pm
Reply to  Anonymous

Join the NJA too. Great list serve where you can get answers and actually know who is giving advice.

Anonymous
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Anonymous
May 12, 2018 8:52 pm
Reply to  Anonymous

Compliments of Mike Mills' Nevada Coverage Law blog:
Nevada Supreme Court case of Torres v. Nev. Direct Ins. Co., 131 Nev. Adv. Op. 54, 353 P.3d 1203 (July 30, 2015)

http://nevadacoveragelaw.com/auto-insurance-company-avoid-paying-minimum-liability-limits-defendants-fail-cooperate/

Which led to a bad faith claim: http://nevadacoveragelaw.com/thirdparty-bad-faith-claim-created-nevadas-absolute-liability-statute/

For the links, visit http://www.NevadaCoverageLaw.com and search on Torres

Jay Shafer
Guest
Jay Shafer
May 11, 2018 11:29 pm

I understand that there was a request for more information regarding my position. I would like to see the State Bar be more transparent, more responsive to the needs of the community it serves, and promote rational and reasonable governance. I would like to see a return to more effective practices. I will review and oppose arbitrary and capricious rules, such as random trust account audits, and a more effective education based approach. I will promote a more responsive, effective and saner approach to attorney discipline. I will promote efficiency with the budget of the State Bar, reviewing programs which do not generate substantial value for the state bar membership, including holding the Bar Convention in Nevada.

If elected, here are plans I would like to pursue.
1) Increase Transparency
a. Provide Agendas via email and on website far in advance of actual meetings.
b. Allow for open meetings and online feedback
c. Broadcast meetings via internet feed
d. Disclosure of Spending and Budgets of State Bar, including executive compensation
e. Regular meetings of the Bar in General, including roundtables between governors and members of the State Bar to bring increased and improved ideas.
f. More communication of programs and ADKTs, including specific communication on rule changes and analysis of the potential impact of these changes.
2) Return Focus of State Bar to Improving the Practice to Members
a. Return State Bar Convention to Nevada
b. Oppose implementation of uniform bar examination, lobby for raised standards for admission.
c. Substantially Narrow exemptions to practice for Non-Nevada licensed attorneys
d. Expand service on boards and committees by Promoting opportunities to serve on to the beyond the current group of people who are getting involved.
3) Promote rational and reasonable governance.
a. Oppose Mandatory or Random Trust Account Audits, but develop reference resources and voluntary education. While the Supreme Court denied the first petition, the issue is not dead.
b. Overhaul of discipline process at Office of Bar Counsel to
i. Promote corrective and rehabilitative model and not punitive model
ii. Encourage people to cooperate with a corrective and preventative process rather than a punitive one. We should not punish people more for coming to the State Bar for assistance. By so doing potential large offenders could be corrected early on. The standard is to protect the public, not punish, and by allowing arbitrary and capricious discipline there is no incentive to self-report or correct.
iii. Engage the OBC in more preventative practices to assist attorneys in avoiding, preventing and fixing errors, including having the OBC more involved with CLE/LRE.
iv. Return uniformity to discipline, with an emphasis on cases of harm to clients and the public.
c. Audit of Bar Programs to Determine which Programs deliver actual value to the bar membership, and eliminate high cost low return programs.

Anonymous
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Anonymous
May 12, 2018 12:57 am
Reply to  Jay Shafer

Thanks for running Jay! And for chiming in!

Anonymous
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Anonymous
May 12, 2018 3:56 am
Reply to  Jay Shafer

I guess I’m buying the shoulder to the wheel thing now

Anonymous
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Anonymous
May 12, 2018 10:01 pm
Reply to  Jay Shafer

Thank you for this outline. I'd love to hear from other BOG candidates but from this you have one of my four votes. Thank you for running.

Anonymous
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Anonymous
May 13, 2018 3:15 am
Reply to  Jay Shafer

This is an excellent platform! Hope you win hands down. Thank you for sharing it.