Tears Of A Judge

  • Law

  • Judge Doug Herndon officially announced his candidacy for the Nevada Supreme Court. [RJ]
  • Recall that Herndon was at the center of a national Propublica piece earlier this year involving his daughter and the Fred Steese case.
  • He had to choke back tears yesterday at the sentencing hearing for Anthony Wrobel. [KNPR]
  • Are payday lenders going to “sneak” into regulation-light sandbox? [TNI]
  • Lawrence VanDyke is one step closer to get approved as a federal judge. [TNI
  • The Goldwater Institute filed a petition with the US Supreme Court regarding the constitutionality of requiring lawyers to join bar associations. [In Defense of Liberty blog]
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Anonymous
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Anonymous
November 22, 2019 4:57 pm

Even though Herndon is a real solid judge, and under ordinary circumstances would likewise be a really strong Supreme Court candidate, by running at this time he has two huge obstacles.

First, O.Fumo, his opponent, is a freshly elected politician with pretty high name recognition at this time, and he will have a lot of support nd financial resources. And our state has pretty much turned blue, and Fumo will have the Democrat machine behind him.

Secondly, the Fred Steese matter is a major issue that Fumo, as well as prominent media outlets will exploit against Herndon.

Even voters who tend to favor a law and order and tough on crime approach, will be deeply offended by the large bureaucracy of the state crushing a totally innocent man and putting him in a cage for over two decades. And owning up to a "mistake" does not resonate too much if the mistake, rather than being mere negligence, is the actual suppression of evidence which went well beyond being arguably exonerating–it in fact tended to establish complete factual innocence and that the guy could not have been in the state at the time of the crime. Saying that we didn't follow up on it merely because we didn't believe it, is quite hollow and totally indefensible.

But although Herndon will have those challenges, I personally believe that he is the better and more experienced candidate of the two, as far as the depth and breadth of legal knowledge and experience. But if Fumo wins, at least he will be a justice who will take a dim view of prosecutorial and police over-reach and abuse.

Anonymous
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Anonymous
November 22, 2019 5:24 pm
Reply to  Anonymous

I also heard Judge Tao is putting his name in the ring for NSC. I have not seen an official announcement of candidacy, just rumors. Herndon should retire in my opinion. Sorry, but enough damage done.

Anonymous
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Anonymous
November 22, 2019 6:02 pm
Reply to  Anonymous

I share your opinion on Judge Herndon. Good man. Good judge. However people who have made one mistake have had their lives ended or irreparably changed and have lost substantially more at his hand in the name of "justice". He cannot in good conscience say that others should pay for their misdeeds but "Sorry" and "Mercy: is sufficient for his actions.

Anonymous
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Anonymous
November 22, 2019 6:35 pm
Reply to  Anonymous

I wonder where are his (crocodile) tears for the person he wrongly put in jail…

Anonymous
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Anonymous
November 22, 2019 6:36 pm
Reply to  Anonymous

Regardless of partisan leanings, I'm not sure I could be persuaded to back a politician for a judgeship, at least not without something less partisan in between. Going from being a legislator to being a supreme court justice seems like a bit too much of a change in role for it to be a good fit. So this is a factor strongly against Fumo in my mind.

Anonymous
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Anonymous
November 22, 2019 6:43 pm
Reply to  Anonymous

Ozzie has been practicing criminal law for close to 30 years and before he ever ran for the state legislature. I don't always agree with him but did always like dealing with him on the other side. He was a strong advocate but very personable, never played games and knew and accepted or asked for a fair deal.

Anonymous
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Anonymous
November 22, 2019 7:07 pm
Reply to  Anonymous

Can one of these men run against Silver or Hardesty? I am between Tao and Hardesty.

Anonymous
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Anonymous
November 22, 2019 7:08 pm
Reply to  Anonymous

Herndon

Anonymous
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Anonymous
November 23, 2019 12:10 am
Reply to  Anonymous

Hardesty isn't up until 2022. By then, he will be almost 73. Hopefully he won't be one of these boomers that decides to stay in power into his 70's.

Anonymous
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Anonymous
November 23, 2019 5:06 pm
Reply to  Anonymous

Hardesty is already 70 and has stayed in power into his 70's. He is having far too much fun bullying his other Justices and ruining the Nevada Bar to quit any time soon.

Anonymous
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Anonymous
November 22, 2019 8:19 pm

Wait, does the State Bar own a whole strip mall?
https://twitter.com/nevadabar/status/1197964287500791809

Or… why are they tweeting this?

I have to admit I laughed at "anchored by the State Bar."