- Quickdraw McLaw
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- The taxman cometh. Have you done your taxes? Filed for an extension? Do you do it yourself or have an accountant?
- AG Aaron Ford is shifting how his office approaches criminal prosecutions. [TNI]
- Here’s a look at the fate of several bills after deadline day–the bill to end judicial elections is still alive, as is the construction defects bill. [TNI]
- Boulder City and Mesquite may lose their judges if they can’t strike a deal with the county. [Hermann Herald]
- Here’s an interesting read about Kaitlyn Herndon’s work to compensate wrongfully convicted men, like Fred Steese who was convicted by her father Judge Doug Herndon. [ProPublica]
- Las Vegas attorney Nelson Cohen disbarred by California for allegedly submitting more than $216,000 in false bills. [NorCalRecord]
Some poor timing and tax planning for me last year. I need to write a check for more than $80k today, in addition to the $50k or so that was already withheld. I guess it's cool that I made so much last year, but this really hurts.
Not gonna lie. I'm finding that April is starting to trigger me every year because of crap like this. It's a little depressing.
9:24 thank you for the admission that owing $130k a year is actually a sign of a very good year. That said, as a relatively newly minted lawyer – but not the actual Newly Minted Lawyer – I'm having trouble summoning sympathy for your situation. #yourtaxbillisdamnnearwhatimadelastyear
9:24 here. A very large chunk of that tax bill is due to the sale of a rental property last year. I had no idea that we would owe 25% depreciation recapture, so instead of just paying tax on the slight "profit" we made, we are paying on about $100k in depreciation. So nothing to do with the legal profession, except for the fact that I should have researched tax consequences before selling that house.
I didn't know about depreciation recapture either.
WTH is the "HermannHerald"?
Off topic: I am so tired of judges hiring impossibly rude JEAs. Do you not know or not care?
Which Departments are you referring too?
One in family court where the JEA makes Cadish's Tim look like a saint.
The vagueplaining is strong on this blog.
I don't think it is like it was a few decades ago, where an attorney dare not say anything negative to a judge about their department.
I believe things have improved. But one cannot be random or casual about it. Instead, if one forms a contingency of at least four respected attorneys who appear before such judge, and arrange to meet with the judge to air out these matters, many would be receptive to the data and speak to their staffs. Now there are, admittedly, still a handful who would be offended and defensive, and it would do no good. But you usually know in advance which judges can be approached with something like this, as opposed to who has their ears shut.
At least that is one idea. And ideas are needed because anonymous complaining does no good.
As far as this Tim character, I've heard these complaints for years, and not just on this blog. So, the judge must have some awareness of his abrasive personality but does not care. So, pointless to approach that particular judge. But since that judge has ascended to a higher court, Tim, will presumably, no longer be around to bedevil everyone.
That is unless whoever is appointed to replace the judge at the District Court level decides that Tim is so wonderful and valuable that he should be kept on, which is usually not the case as new judges tend to bring in their own people.
And he certainly will not be kept on based on his supposed institutional knowledge of the operations of the department or for some rationale like smoother transition on account of his sterling abilities and wonderful interpersonal skills. No way. The new judge will be well aware of him, and may have even dealt with him.
But perhaps this is all moot and Tim is in fact staying on for the new judge. Is that the case?
Remind me not to deal with the public on tax day. People are in a Tim Kelley bad mood.
Rhonda Foresberg appointed to Department G, Family Court.
A good choice. Not the best choice in my opinion, but a solid choice.
And that could be the litmus test of when an appointment is a good one–many people want the ultimate appointee, and even those who preferred someone else acknowledge that the ultimate appointee is a decent, solid choice.
Unlike Silva and Bluth who are WTH choices.
More like wtf choices, but at least it was not Stephanie Barker.
Not that I am counting but….i think the last 5 appointments have all been women?
As to the article about compensation for wrongfully convicted people, when Judge Herndon acknowledges "mistakes were made", and he was ashamed of how he handled certain aspects of the case in question back when he was a prosecutor, although that's a start, it by no means comes close enough.
He should move way beyond such generalities and directly and specifically acknowledge that there was viable evidence that the defendant was out-of-state at the time of the crime, but that Herndon suppressed, and did not share such evidence. If he were to at least fully acknowledge all of that, I would understand if he wanted to add that he did not share such evidence because at that time he was still convinced the Defendant was guilty. That rationalization would, of course, not remove the ethical taint of suppressing exculpatory evidence, but it would at least be a moral rationale
which could mitigate his actions somewhat.
But, that all said, in my view he has gone a lot further, in acknowledging his wrong-doing, than his fellow judge, and fellow former prosecutor in the case, ever would. His colleague, in my view, would only acknowledge the least amount of culpability that he would need to in order to better defend ethical charges against him.
But with Herndon, this was not an ethical proceeding, but instead was private discussions with his daughter. And the fact that he was not defensive, self-justifying, and seemed to deeply and honestly regret his actions, I believe is a great example to set for the young women–who sounds as if she will be an outstanding lawyer some day. But perhaps her calling will not be her dad's former position as a prosecutor. Perhaps the special gifts, and passion, commitment, and moral compass she has will be far better served fighting for the wrongfully convicted.
So, a good start by Herndon, but he needs to peel it away a little, and get right down to the nitty gritty, i.e not just offer the conclusions that mistakes were made, but acknowledge suppressing the evidence. If he does, his daughter will respect him to an even greater extent. She will realize the context of it all, that it was over 20 years ago, and that people can, and do, evolve and change dramatically for the better.
10:21 here again. In fairness, I need to re-post and acknowledge something. I was assuming that even though Judge Herndon acknowledged to his daughter that "mistakes were made", that he never specifically acknowledged that he did not release the exculpatory evidence.
It may very well be that their conversations did specifically include a reference to not releasing the info. that the Defendant was out-of-state at the time of the crime. And, reflecting on it further, it seems quite certain that he must have specifically acknowledged it. His daughter sounds like a very intelligent, discerning, and highly-principled young woman. It seems like she would not have been satisfied with a generic "mistakes were made" explanation, and would have directly focused on the concealed evidence.
Herndon has a conscience. There are far too many prosecutors who have no soul at all. Hear me Kephart? Hear me Myrhe? That sizzling sound you each hear underneath you is not your hot reputations.
That sizzling might be Notre Dame burning to the ground.
Please wake me up when the Nevada Supreme Court filing system is back up.
They are working on it. I cannot file anything either. Try in the afternoon.