According to a press release, Chief Judge Gloria Navarro has announced that Carla Higginbotham has been selected to replace Valerie P. Cooke (who is retiring July 31, 2018) as a United States Magistrate Judge in Reno. Higginbotham is currently an AUSA in the criminal division in Reno and must undergo investigations by the FBI and IRS–a process expected to take 10-12 weeks. Once officially appointed, her term will be for eight years.
Steve Wynn and Elaine Wynn have settled their epic six-year court battle. [RJ]
They’re replacing some HVAC ducts in the Grant Sawyer building after finding the presence of two species of mold. [RJ; TNI]
Is it time to reform the NSHE (i.e. more work for some lucky lawyers)? [Las Vegas Sun]
There is still a backlog of untested rape kits in Nevada. [LasVegasNow]
Not wanting to miss out on all the excitement surrounding new sports in southern Nevada, the 51s will rebrand and get a new name when they move to Summerlin next year. [LasVegasNow]
The rape kit backlog is a political problem – not a criminal or legal one. If a rape kit is obtained, and the accused freely admits to the sex, but insists it was consensual, is testing actually necessary? Or could the $600 it takes to start testing that particular kit be put to better use?
The reason for the kit is not only to prove sexual contact between the most recent victim but also to check to see if the alleged assailant's DNA matches any other victims' rape kits.
Guest
Anonymous
April 17, 2018 4:36 pm
Stephen Stubbs won his legal battle against Judge Victor Miller in Boulder City. Miller issued a clumsily broad gag order after Stubbs pointed out that Judge Miller has a religious obligation to obey Miller's Stake President, Steve Morris, who was also the prosecutor on a case Stubbs worked. President Morris was not a party to the action in front of Judge Johnson, but he is mentioned in the her decision.
Pretty decent order from Judge Johnson. I don't have much experience before her but I've read negative comments about her here. First Amendment opinions are always begging to be appealed, but the good Judge Miller and his esteemed counsel have their work cut out for them if they challenge the order.
20 years plus practice here, I have never has a judge not allow me to file a responsive pleasing if it is timely. You have something valuable there my friend.
Guest
Anonymous
April 17, 2018 6:51 pm
Yaay, another fed appointed to be a lifelong fed. We wouldn't want, say, a civil lawyer with civil experience up there
When is the last time a Magistrate or BK Judge was not retained?
Guest
Anonymous
April 17, 2018 6:53 pm
Generally speaking, if the judge-to-be will get a raise, that person isn't the best choice. There are some exceptions of course. Family court is filled with judges that became so because they couldn't make a buck in private practice.
I think this applies at most to for-profit private practice. There are plenty of elite public interest lawyers as well as, for example, FPD's and AUSA's who are would get a raise going to the bench and yet are qualified.
Guest
Anonymous
April 17, 2018 9:45 pm
I have a case where other side’s attorney withdrew but are still on the service list. Can I uncheck them and not serve them?
Best way to handle is to call that attorney to confirm withdrawal (and no re-retaining or unbundled in and out if family law) and send confirming email ("This email is to confirm that you do not …") then uncheck and not serve (with proof did not need to).
Guest
Anonymous
June 2, 2018 3:23 am
Nevada: We can put your law license on disability inactive status without even giving you so much as a hearing on the matter
Chief Judge Navarro of the Federal Court for the District of Nevada: Nah. Not in my Court https://www.leagle.com/decision/infdco20150930g89
She made that decision 2.5 years ago. I suspect these posts regarding disciplinary decisions two years ago on cases out of the North all have a common source.
The rape kit backlog is a political problem – not a criminal or legal one. If a rape kit is obtained, and the accused freely admits to the sex, but insists it was consensual, is testing actually necessary? Or could the $600 it takes to start testing that particular kit be put to better use?
The reason for the kit is not only to prove sexual contact between the most recent victim but also to check to see if the alleged assailant's DNA matches any other victims' rape kits.
Stephen Stubbs won his legal battle against Judge Victor Miller in Boulder City. Miller issued a clumsily broad gag order after Stubbs pointed out that Judge Miller has a religious obligation to obey Miller's Stake President, Steve Morris, who was also the prosecutor on a case Stubbs worked. President Morris was not a party to the action in front of Judge Johnson, but he is mentioned in the her decision.
https://www.facebook.com/taxlawyerstubbs/posts/2501030976589814
Good for him!
Good, these judges are getting out of control.
Pretty decent order from Judge Johnson. I don't have much experience before her but I've read negative comments about her here. First Amendment opinions are always begging to be appealed, but the good Judge Miller and his esteemed counsel have their work cut out for them if they challenge the order.
Maybe the possible ethics complaint scared the bejesus out of her. Team Johnson back again….
That's me in the corner…losing my ethics…that's me not in the spotlight even though I think I am…
20 years plus practice here, I have never has a judge not allow me to file a responsive pleasing if it is timely. You have something valuable there my friend.
Yaay, another fed appointed to be a lifelong fed. We wouldn't want, say, a civil lawyer with civil experience up there
We would not want someone who doesn't favor the Government and USAO. Leaves too much to chance.
It says the appointment is for 8 years not life, but you probably assume – as do I – that first appointment will turn into life tenure.
When is the last time a Magistrate or BK Judge was not retained?
Generally speaking, if the judge-to-be will get a raise, that person isn't the best choice. There are some exceptions of course. Family court is filled with judges that became so because they couldn't make a buck in private practice.
I think this applies at most to for-profit private practice. There are plenty of elite public interest lawyers as well as, for example, FPD's and AUSA's who are would get a raise going to the bench and yet are qualified.
I have a case where other side’s attorney withdrew but are still on the service list. Can I uncheck them and not serve them?
Best way to handle is to call that attorney to confirm withdrawal (and no re-retaining or unbundled in and out if family law) and send confirming email ("This email is to confirm that you do not …") then uncheck and not serve (with proof did not need to).
Nevada: We can put your law license on disability inactive status without even giving you so much as a hearing on the matter
Chief Judge Navarro of the Federal Court for the District of Nevada: Nah. Not in my Court
https://www.leagle.com/decision/infdco20150930g89
She made that decision 2.5 years ago. I suspect these posts regarding disciplinary decisions two years ago on cases out of the North all have a common source.