The Supreme Court of Nevada says Justice of the Peace Melanie Andress-Tobiasson doesn’t have to answer written questions from the Commission on Judicial Discipline under oath before formal charges are filed against her. [Baltimore Post-Examiner]
Is this the last we’ll hear of Alexis Plunkett? She got three years probation yesterday. She is seeking to change her name and plans to move to Ohio. [RJ]
Legislators are still pushing to get things passed before the next deadline, including a bill affecting construction defects. [TNI]
Three people were charged in a scam that swindled an attorney out of $1.5 million. [RJ]
Ok off topic, but yesterday someone mentioned Judge Israel busting the chops of counsel for seeking a settlement conference "too late". I was there too and he actually sanctioned one of the lawyers $200. What the holy hell is wrong with him and some of these judges. I have to mentally prepare to get my ass chewed for just living life and doing my job before I go into some courtrooms. My list of judges I'm booting at the outset of a case is growing daily. Say what you want about judges like Delaney or Williams – in terms of their reluctance to make rulings or their delay – but I'd rather be treated with they dignity they show me in their courtrooms and have some delay than have to worry about whether my stipulated extension is going to be granted by some stick up their ass power drunk judge. O
8:49 emphasizes the dynamic that lawyers prefer if you are an average judge who treats attorneys well, than a more talented and knowledgeable judge who humiliates and mistreats attorneys.
To the judge in question, I have a suggestion. Simply try something like this next time: "I'm sorry but the request for a conference is quite untimely and the court is unable to grant it."
To the judge in question, mellow the fuck out. Sorry your life sucks but you don't need to spread that shit on us. I liked the advice posted yesterday to try a Sativa next time. The Indica strains are trippy and unpredictable.
My thoughts exactly. I'm also skeptical that any party, other than Tokunaga allegedly misappropriating firm funds, has committed any crime because NRS 205.380 requires specific intent as a element of the crime. Additionally, note Zimmerman's pervasive unprofessionalism. In my opinion, Zimmerman has no business sitting on the bench.
Not only smart enough to finish school and pass the bar, but build up what appears to be a successful firm with 10+ lawyers.
Regardless of how stupid Tokunaga's other decisions were, I would think ANYONE would have pulled the plug once they were told that their psychic health depended on buying two BMW 7 series with white interior.
Zimmerman is easily one of the best (and longest serving JPs). I've been in her courtroom. She is always friendly and polite to attorneys and pro se litigants. She takes the bench on time and gets people in and out. I've also seen her out at political events and, unlike some of her brethren, she never has a stick up her ass.
I totally disagree with the above comment regarding Zimmerman, specifically: "always friendly and polite" and "never has a stick up her ass." When on the criminal bench she suffered from the black robe syndrome, was condescending and very holier than thou. Much like Judge Sullivan is.
Zimmerman's always been professional with me although she can be testy @ times however she's not anything like Sullivan who is in her own category of assholishness…
11:02 here. Never had the problems referenced by 11:30 and I have lost in front of her. Did an abysmal first prelim in front of her. I guess we can agree to disagree.
This case should be summarily dismissed. What's next, someone lights a candle at mass for two bucks, doesn't get their prayer answered and sues the diocese? It's easy to laugh at this case and I certainly agree the supposed victim is one The Walking Brain Dead, but there is also a clear opening here to start down the path of targeting any religious practice that doesn't meet strict scientific standards of proof.
People have the right to believe stupid stuff, but they have to suck up the responsibility for those beliefs when they melt in their laps. Don't go crying to the law when your lottery ticket doesn't hit the jackpot.
I started writing a long story / short novel (for nanowrimo) about a lobbyist and a psychic teaming up to establish a licensing board, with professional ethics standards, qualifications, educational requirements, etc. Lobbyist and psychic have a falling out and bad stuff starts happening to the lobbyist when he stops supporting the bill… etc.
I abandoned it because it seemed too ridiculous. Maybe I should dust it off and finish it.
Whatever one thinks of Judge Tobiasson and her actions, this ruling is quite correct.
The procedure in question amounts to sending someone a series of interrogatories and requests for admissions, before any complaint is even filed, essentially asking them to admit to the elements of the offense and specific rule violations.
The Commission already has a great of information, such as all the filings and videos form the hearings, and interviews with witnesses, when deciding whether or not to file charges. Additionally, in most cases the judge cooperates with an in depth interview with an investigator for the Commission.
With all that information, they presumably are in a positon to determine whether to file charges. It does not seem proper that they be permitted to attempt to bolster their case, in the pre-complaint stage, by sending written discovery demanding the judge admits to committing the various offenses.
Now, once charges are filed it may not be inappropriate to send some written discovery requests. But, again, the interrogatories should be limited to asking factual questions about the judge's rulings and actions, and then have the Commission determine if there are rule violations. The Commission panel is the trier of fact, not the accused judge. If factual questions are posed in writing, and the judge answers them and such answers better enable the Commission to determine rule violations, that is understandable.
But asking questions demanding the judge admit to specific rule violations would be like sending Requests For Admissions, in a civil case, and rather than asking the a party to admit certain factual matters about an accident in question, instead ask him something like "Admit you caused the entire accident and failed to exercise due care as defined by law, and was in fact reckless as defined by law, and are liable fro $200,000.compensatory damages and $500,000. in punitive damages."
Sounds absurd, right? But this Commission seemed to think those types of inquiries(where one is asked to admit to specific legal conclusions and specific violations, rather than limiting the inquiries to relevant factual matters) were deemed standard and proper, till they just got shut down.
I'm not in the habit of sticking up for judges, but I had a real problem with that procedure.
There was a PD about 8 years ago who got caught doing significantly more with an inmate then housed at CCDC. I believe a cell phone was also involved. She got a complete pass, no charges, and left town. Penalties seem very uneven here. Favors get made for some but not all. It is very aggravating. If you are going to penalize people, do it across the board or don't do it at all. Then again, we have a DA who doesn't prosecute his staff/campaign staff so not sure what I am thinking.
From the looks of it, the Baltimore Post-Examiner is owned by a PR firm, Clarity Media Group. Seems like the kind of people you'd go to in order to get a story "out there" with the aegis of washed-up journalists covering up the fact that it's really just an obnoxious hit job.
Ok off topic, but yesterday someone mentioned Judge Israel busting the chops of counsel for seeking a settlement conference "too late". I was there too and he actually sanctioned one of the lawyers $200. What the holy hell is wrong with him and some of these judges. I have to mentally prepare to get my ass chewed for just living life and doing my job before I go into some courtrooms. My list of judges I'm booting at the outset of a case is growing daily. Say what you want about judges like Delaney or Williams – in terms of their reluctance to make rulings or their delay – but I'd rather be treated with they dignity they show me in their courtrooms and have some delay than have to worry about whether my stipulated extension is going to be granted by some stick up their ass power drunk judge. O
That's insane. What is the matter with him?
I'm going to run for Judge and utilize the following campaign slogan: "He's not mentally ill."
8:49 emphasizes the dynamic that lawyers prefer if you are an average judge who treats attorneys well, than a more talented and knowledgeable judge who humiliates and mistreats attorneys.
To the judge in question, I have a suggestion. Simply try something like this next time: "I'm sorry but the request for a conference is quite untimely and the court is unable to grant it."
Gonzalez is bad as well.
To the judge in question, mellow the fuck out. Sorry your life sucks but you don't need to spread that shit on us. I liked the advice posted yesterday to try a Sativa next time. The Indica strains are trippy and unpredictable.
@9:44 – you could run for President with the same slogan!
8:49 here – the first person who corrects my typos above will be cursed with my "tool hex." You won't know the consequences for days – good luck.
How is someone smart enough to finish law school and pass the bar also stupid enough to fall for some "psychic reading" scam?
My thoughts exactly. I'm also skeptical that any party, other than Tokunaga allegedly misappropriating firm funds, has committed any crime because NRS 205.380 requires specific intent as a element of the crime. Additionally, note Zimmerman's pervasive unprofessionalism. In my opinion, Zimmerman has no business sitting on the bench.
Another fake psychic! This sort of thing just gives the entire industry a bad name.
Not only smart enough to finish school and pass the bar, but build up what appears to be a successful firm with 10+ lawyers.
Regardless of how stupid Tokunaga's other decisions were, I would think ANYONE would have pulled the plug once they were told that their psychic health depended on buying two BMW 7 series with white interior.
Zimmerman is easily one of the best (and longest serving JPs). I've been in her courtroom. She is always friendly and polite to attorneys and pro se litigants. She takes the bench on time and gets people in and out. I've also seen her out at political events and, unlike some of her brethren, she never has a stick up her ass.
I totally disagree with the above comment regarding Zimmerman, specifically: "always friendly and polite" and "never has a stick up her ass." When on the criminal bench she suffered from the black robe syndrome, was condescending and very holier than thou. Much like Judge Sullivan is.
Zimmerman's always been professional with me although she can be testy @ times however she's not anything like Sullivan who is in her own category of assholishness…
11:02 here. Never had the problems referenced by 11:30 and I have lost in front of her. Did an abysmal first prelim in front of her. I guess we can agree to disagree.
This case should be summarily dismissed. What's next, someone lights a candle at mass for two bucks, doesn't get their prayer answered and sues the diocese? It's easy to laugh at this case and I certainly agree the supposed victim is one The Walking Brain Dead, but there is also a clear opening here to start down the path of targeting any religious practice that doesn't meet strict scientific standards of proof.
People have the right to believe stupid stuff, but they have to suck up the responsibility for those beliefs when they melt in their laps. Don't go crying to the law when your lottery ticket doesn't hit the jackpot.
Yes, victims of willful fraud should just suck it up cause they're stupid!
If they are a lawyer who is THIS stupid – yes.
People still believe in psychics in 2019?
I started writing a long story / short novel (for nanowrimo) about a lobbyist and a psychic teaming up to establish a licensing board, with professional ethics standards, qualifications, educational requirements, etc. Lobbyist and psychic have a falling out and bad stuff starts happening to the lobbyist when he stops supporting the bill… etc.
I abandoned it because it seemed too ridiculous. Maybe I should dust it off and finish it.
That's basically the Homeopathic Board.
Whatever one thinks of Judge Tobiasson and her actions, this ruling is quite correct.
The procedure in question amounts to sending someone a series of interrogatories and requests for admissions, before any complaint is even filed, essentially asking them to admit to the elements of the offense and specific rule violations.
The Commission already has a great of information, such as all the filings and videos form the hearings, and interviews with witnesses, when deciding whether or not to file charges. Additionally, in most cases the judge cooperates with an in depth interview with an investigator for the Commission.
With all that information, they presumably are in a positon to determine whether to file charges. It does not seem proper that they be permitted to attempt to bolster their case, in the pre-complaint stage, by sending written discovery demanding the judge admits to committing the various offenses.
Now, once charges are filed it may not be inappropriate to send some written discovery requests. But, again, the interrogatories should be limited to asking factual questions about the judge's rulings and actions, and then have the Commission determine if there are rule violations. The Commission panel is the trier of fact, not the accused judge. If factual questions are posed in writing, and the judge answers them and such answers better enable the Commission to determine rule violations, that is understandable.
But asking questions demanding the judge admit to specific rule violations would be like sending Requests For Admissions, in a civil case, and rather than asking the a party to admit certain factual matters about an accident in question, instead ask him something like "Admit you caused the entire accident and failed to exercise due care as defined by law, and was in fact reckless as defined by law, and are liable fro $200,000.compensatory damages and $500,000. in punitive damages."
Sounds absurd, right? But this Commission seemed to think those types of inquiries(where one is asked to admit to specific legal conclusions and specific violations, rather than limiting the inquiries to relevant factual matters) were deemed standard and proper, till they just got shut down.
I'm not in the habit of sticking up for judges, but I had a real problem with that procedure.
Why is Baltimore so interested in a Nevada Justice Court Judge? Who owns that paper?
Plunkett gets probation for three years???? Villani is a Wolfson stooge.
What? You wanted her to go to jail? She's lost her license, her reputation and her livelihood. What else do you want?
All the above. The sentence is a joke.
There was a PD about 8 years ago who got caught doing significantly more with an inmate then housed at CCDC. I believe a cell phone was also involved. She got a complete pass, no charges, and left town. Penalties seem very uneven here. Favors get made for some but not all. It is very aggravating. If you are going to penalize people, do it across the board or don't do it at all. Then again, we have a DA who doesn't prosecute his staff/campaign staff so not sure what I am thinking.
I suspect that something could have been worked out but Alexis is hard-headed and continued with conduct even after she was charged.
From the looks of it, the Baltimore Post-Examiner is owned by a PR firm, Clarity Media Group. Seems like the kind of people you'd go to in order to get a story "out there" with the aegis of washed-up journalists covering up the fact that it's really just an obnoxious hit job.
If a male attorney did what she did he'd get the book thrown at him.