- Quickdraw McLaw
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- Justice James Hardesty wants a new job. [TNI]
- The candidates for Department 28 debate Judge Ron Israel’s performance on the bench. [RJ]
- Should there be a statewide moratorium on evictions? [Nevada Current]
- Car dealerships are considered essential? [TNI]
- Law firms are designated as essential in some states. [ABA Journal]
- The Nevada Bar has a COVID-19 update page with information and resources, including a link to weekly virtual meetings for lawyers dealing with stress and anxiety.
- A Boyd Law professor offers tips (to everyone) about what to do if you get laid off. [KNPR]
- Here’s a friendly reminder that the US Census is still taking place right now. [Las Vegas Sun]
- One of our readers wants to know if anyone has any resources or tips for dealing with the Nevada Lockbox.
Would appreciate any advice. I'm getting older and due to health highly at risk re COVID. I have practiced in a very limited and specialized area for years and know nothing of real estate, wills, etc. If God Forbid I should die during this Pandemic and I will my house (very nice, good equity, but still owe quite a bit) to my 9 year old nephew, what happens as he obviously can't make payments or qualify for a loan. Do I need to appoint a guardian or something? Does the bank just take it back? Should I leave instructions to sell it? I like to think given enough time I could figure this out but I thought I'd ask if anyone can point me in the right direction as it has been bothering me. Thank you.
Does it matter whether the nephew takes the house or the proceeds? Usually you can just sell the house in probate and have all the proceeds go to the minor in a blocked account until he turns 18.
10:11 is why all of us need to have an estate plan. And no, I don't do estate plans and am not just trying to drum up business. It's not for you, it's for the people who have to deal with the fallout when you're gone.
you need your estate planning done – revocable trust, will and powers of attorney. consult with an EP attorney and they'll guide you on this.
A quick solution – setup a revocable living trust, appoint one or both of the nephew's parents (either whichever one you trust the most with the other as a successor trustee, or both as co-trustees), and transfer the house into the trust. It's still your house, you can always sell it while you're alive, so you don't lose control over it. When you die, though, the kid's parents can sell the house, keep the proceeds in the trust, and use the money to support the kid or hold it to distribute when he turns 25 (don't give an 18-21 year old money – bad idea, better to give them time to learn to support themselves or finish college and work a year or two, before giving them a windfall otherwise they will slack until they get the money knowing they're going to get an inheritance in a few years after high school.)
If you are concerned with the nephew's parents spending the money, appoint a professional trustee like Premier Trust, to hold onto the assets and administer them. Any competent estate attorney can do this for you. If you want to make sure it's done correctly, don't go and buy forms from a form place and fill it in – that's backfired more times than I can count.
10:11 here. I sincerely appreciate you all taking the time to answer my question. Stay safe.
unless tax planning is involved, (the unified credit amount is $11.58 M), it is pretty straight forward. Wills for both you and spouse, pour over into revocable trust, transfer property into trust at trust creation. Distribute to your nephew any of the estate remaining after both you and your spouse's death. Appoint trustee with power to hold principal until nephew is 21, while distributing income to the minor for support, if needed.
More important for your immediate attention is a Power of Attorney for Health Care Decisions and something similar for financial management. A structured form that you probably will want to revise, can be found at NRS 162A.620 and NRS 162A.860.
I usually use Google chrome. Has anyone else had trouble posting here using chrome? I just tried on IE and it worked, so it seems like it's a browser issue.
Boom. yes, thanks…I wasn't able to post using Google chrome, either.
What's to know about the Lockbox? You fill out an advanced directive registration form and mail a copy of the form with a copy of your advanced directive to them; they keep an electronic copy of it and send you a postcard confirming receipt and with info to keep in your wallet to show your registration. If you get into a hospital in the state of Nevada, they can access the system and obtain a copy of your advanced directive.
Same concept with the guardian lockbox. You register your guardian nomination and if a court case is opened to appoint a guardian for you, the court clerk pulls a copy of your nomination to see if that person is the person applying to be your guardian; if not, they reach out to the person nominated.
Reviewing that link, it appears to explain exactly this.
Maybe I am just dense, but it seems to me that Article 6, Section 11 of the Nevada Constitution is pretty clear: "Justices and judges ineligible for other others." I would also think that being a Justice of the Nevada Supreme Court and Chancellor of the Board of Regents are both full time jobs. So even if by some legal mumbo jumbo the Constitution doesn't preclude someone from holding both positions, common sense would suggest otherwise. But hey, that's just me and I am not part of the political class.
Hardesty is going to chancellor. God help our children.
This is one way for him to get his name on the Tah Ma-Hardesty I would guess.
Wait, if he takes the job he quits the SCONV gig, right? I mean, he can't be both, can he?
He sure would like to try. If you doubt his hubris and ego, I present to you Exhibit 1.
There are two issues at play here. First, under article 6, section 11 of the Nevada Constitution, whether NSHE chancellor is an incompatible "office." If yes, then proceed to issue 2. If not, then the analysis ends there and Hardesty can become NSHE chancellor without having to resign as a justice (unless there's some other legal or constitutional provision at play). The argument that of course NSHE chancellor is an "office" is actually not easily supported under existing precedents. As crazy as it sounds, NSHE chancellor might not be an "office" within the scope of that constitutional provision.
Second issue: If you assume or conclude NSHE chancellor is an office, the next issue is whether the disqualification imposed by article 6, section 11 of the Nevada Constitution can be satisfied by Hardesty's resignation from the judiciary before being appointed NSHE chancellor. There is a split of authority on that issue.
A lot of this rears its ugly head in part because, constitutionally (at present, unless Assembly Joint Resolution No. 5 of the 2017 Legislative Session is ratified by the people at the 2020 general election) the state university is not generally regarded as part of state government in the same way the legislative, executive, and judicial departments are and is managed by the Board of Regents. Part of this makes me wonder if Hardesty is seeking to be chancellor simply to raise these thorny legal issues.
I happen to not be a Hardesty basher as some on this blog are. In fact, I support much of reasoning and input during oral argument as well as the written opinions. A few justices seldom pose questions, and seldom participate in oral argument to any extent whatsoever. I much prefer someone like Hardesty who usually appears to be quite prepared and engaged, even though my viewpoints may sometimes differ from his.
My problem is as follows: I assumed that if he receives the Chancellor positon that he would need to resign as NSC Justice. But, apparently I'm wrong as the article discusses him seeking a declaratory sort of opinion as to whether he can hold both seats simultaneously.
To be an effective Chancellor one cannot be a mere public figure head who delegates everything of substance, and who is only available for media opportunities and legislative testimony, and the like. One cannot merely be the public face of the educational system, and not immerse them self in all the details and policy.
So, I can't think of anyone(Justice Hardesty or anyone else) who can effectively serve as Chancellor while also full-time as NSC Justice. And I maintain this view even though some will mockingly observe that being a NSC is not a 40+ hour per week commitment, nor is the Chancellor position. In my view, to perform either positon properly, each of them requires 40+ hours per week.
That all said, he certainly presents and has the demeanor of someone immersed in the world of academia. So, he already looks, talks, and projects like a Chancellor, IMO.
But, again, I don't think anyone can effectively serve both positions at the same time.
There is nothing academic about Hardesty other than his and NSC goal to destroy solos.
HAHA: https://bit.ly/3dsWg50
Hardesty is saving Nevada, not Eglet.
RIP dear trooper who took a bullet for trying to help in these trying times.
Killed by the people he was helping according people who I spoke with who heard the entire thing go down on the scanner.
I had not heard of this tragedy, as I am isolated in my office. My heart and prayers go out to the surviving family, especially the grandchildren, because this trooper sounds like a fantastic grandfather.
https://www.ktnv.com/news/crime/nevada-highway-patrol-trooper-shot-early-friday-morning
I have a tiny law practice – and a gig job. Does anyone know how I apply for unemployment benefits for gig workers? Trust me, it pays more than my law practice.
Thank you President Trump and Senate Leadership for delivering economic stimulus that should save Nevada. Thanks also to Nancy for getting the job done in the House. No one agrees with everything in the stimulus. Many wish there was more and many wish there was less. #KEEPAMERICAGREAT #VEGASSTRONGER
Maybe 2:19 has a fever….get yourself checked out.
Agree, 2:19 has a fever. Pelosi was an obstructionist. Holding the bill hostage for solar tax credits, and other trivia on her personal agenda that could wait.
Honestly, wtf is wrong with you redhats? Trump literally ignored all warnings about COVID until forced to acknowledge that it is, in fact, not a liberal media hoax. Now, at a time of crisis he argues with reporters for asking the "unfair" question "What do you say to Americans who are scared?"
@3:49 you need to man up a bit even if, perhaps, you're a woman. This is not the end of the world. It's not an apocalypse. Millions of Americans aren't going to die in the next month. Take a xanax and chill. Don't blame Trump for this mess. Put the blame where it truly belongs. China. China China China China. The CDC offered to go there back in December and were rejected. China blacked out any media or reporting that didn't follow their CPP guidelines (i.e.making it look less than it was). If you look at our Media, they're parroting China talking points now. It's disgusting. China screwed the world on this and they should pay. Whatever the final cost is to the U.S., wipe it from any debt owed to China. Plus, look at Pelosi back in lat February telling people to go have fun, visit Chinatown, etc.. Same for Bill de Blasio and his health commissioner. The mayor of New Orleans told people to enjoy Mardi Gras. So, don't blame Trump or the "red hats".
How about you "man up" and hold the president accountable for his actions? The trump administration fired the US Pandemic Response team. We were woefully unprepared are for this epidemic despite many warnings including those given during the "crimson contagion" exercise in August 2019. Three months ago, we could have used the WHO tests instead of developing a CDC test that was so defective that they had to start from scratch. If we were going to do scale-up of testing and contact tracing to contain the epidemic, it would have started happening in late December, early January. We’re now seriously behind in our testing compared to, say, South Korea. Try again snowflake.
@7:12 a.m. Most of what you said has been debunked. For example, he didn't fire the US Pandemic Response team. They were absorbed into another department but were still doing the same job. Nice try.
@7:12
So wrong in so many ways. I know you will never appreciate what has been done, how difficult it was to get done, or that professional politicians like Obama and Hilary, lacking business experience, could never have accomplished. I sadly accept that you are blindly ant-Trump and will always find blame and never give credit.
The seditionist and traitorous press is more interested in bringing down Trump than helping Americans or even making profit. Horrible. I had my wife watch a Trump press conference and then read one New York Times and one CNN article re: the same (we can't stomach CNN TV). She's a convert. Cured of TDS.
I've watched CSPAN. Trump's a petty, deranged moron.
I watched his speech. He looked so presidential. His delivery was perfect. A truly great man.
Donald J. Trump is the greatest President since Lincoln.
I have to disagree. He is better than Lincoln. He's better than all of them. If he sprouted angel wings and ascended to heaven on life TV, I would not be surprised one iota.
Did Trump fire the pandemic response team? Snopes says true and no it was not absorbed into another agency. Rear Adm. Timothy Ziemer abruptly departed from his post leading the global health security team on the National Security Council in May 2018 amid a reorganization of the council by then-National Security Advisor John Bolton, and Ziemer’s team was disbanded.
https://www.snopes.com/fact-check/trump-fire-pandemic-team/
Stop watching Fox for your news.
No, please keep watching Fox News. Then maybe its viewers can earn Darwin Awards that are so richly deserved. It'll be like the Emmy Trump never won, only so much better.
Would you believe the Washington Post when it says that the Pandemic Team was not fired?
https://www.washingtonpost.com/opinions/2020/03/16/no-white-house-didnt-dissolve-its-pandemic-response-office/
Citing an opinion piece by a redhat. Good try. No matter how you slice it the pandemic response team was removed from the National Security Counsel and Ziemer's team was disbanded. See Snopes article above.
Finally, Congress shows what can be done when they work together. I'm an ardent MAGA Head but the Democrats pretty much came along, so props to Pelosi
So sitting at home. Got respectfully let go due to the virus. So maybe this is the wine talking (nothing special, just some white zin that goes well with the pancake I just had) but I truly wish we as a people could respectfully argue and debate even when we disagree instead of living in our echo chambers. I'm a Trump supporter (full disclosure, I'm also 2:42 above) but I want to listen to people from the other side but I feel like they don't listen to me. I am from a very strict religious family and some of the activities these days are against what I believe to be right (say abortion) but I will listen to those with different opinions. However, if I even bring up the subject (except anon on a blog) I am cutoff. Speaking of cutoff, I am quite sure the wine is talking now and I better go. But as my dad used to say, "Oftentimes we speak the truth when drinking." Anyway, nap time and congratulations to those with jobs – I am truly jealous. I have no idea how to find work during these times.
White zin and a pancake?!?! I'm no Trump fan and it sounds like we have little in common, but I like your style. I'm going home to have a Ho Ho and some pinot noir, because I'm FAF.
Get your unemployment and stimulus while you can. Be safe.
Yes, be safe. You will survive and emerge stronger.
Do you really think there's some being who created all this and knows we're really here? You believe in your god w/ the same fervency the Romans believed in Zeus or the ancient Egyptians believed in Ra. Everybody's always right (in their own parochial minds) about their religion. I have a newsflash for you: There Is No God. I, you, we are nothing more than competing vehicles to ensure the propagation of the DNA molecule, the only true "god" on this planet. Check out how big Big BIG our universe is. Really? Do you really think there's some being who created all this and knows we're really here?
https://www.youtube.com/watch?v=rENyyRwxpHo
I am sorry to hear you lost your job. I was once walked out, during the Great Recession. I lied awake all night . . . .
2:50–you are kind of mish-mashing a couple different things that should not really be connected at this time–the governmental, economic and social results of the pandemic on the one hand, and on the other hand you not wanting to support activities like abortion that are contrary to your moral views.
If you offer views on the pandemic, people are not going to shut you down because they disagree with your position on abortion, for example. Your abortion positon should not come into play on the issue whatsoever.
Abortion remains the most inflammatory social issue where opinions run the most passionate, the most highly polarized, and where no on ever changes anyone's mind. So, your'e right in the sense that if you argue that abortion is sinful, those who disagree will shut down the dialogue and not listen(and the reverse is true as well).
So, leave abortion, and other real hot button social issues, out of the dialogue, and stick to your view of the pandemic, and a lot of people may agree with some of your views on the pandemic–even some people who support abortion rights.
But White Z and pancakes sounds like something that would also help curb my sorrows during times of need, so I'm with you there(but might prefer French Toast over the pancakes). And I'm very sorrow you lost your positon. Let's hope and pray that is only very temporary.
Off topic.
Anyone seeing clients in office?
If not, how long will you wait before seeing potential clients in office?
Hell no. Telephonic or video-conference consultations only. Because I handle estate planning, my staff and I are literally handling drive-by signings with as little face to face time as possible.
Related Off topic.
What about summer vacation plans? What's the current mood regarding how things are going to look in June, July, or August? Realistic chance that Disneyland will reopen by then, for example?
Driving my family nuts, too. With completely unreliable data and rabidly politically tainted reporting, who can possibly predict? From a loss prevention stand-point, Disney will have to wait as long as possible. From a profit making perspective, those affected divisions will be screaming to open by Trump's semi-firm mid-April promise.
Uncertainty makes planning difficult. Who knew?
Heard the axe was swinging this Friday. I know of a firm that laid off 11 people. We are busy but have concerns that all of our work is going to clients who will not be able to pay. Don't want to be assholes by contacting clients and telling them that they had to up the fee advance and replenish the trust account but also do not feel like working for free.
I've been seeing comments here and there about firms laying off, but no mention of names. Seems suspect. Like, some firms are wanting to lay off but don't want to be the first, so they're coming here putting out their feelers. I hate the saying, video or it didn't happen. But, it is fitting here. Name the firm or it didn't happen.
I heard Bremer White laid off a lot of people, but that was last week. I don't know what firm did this week.
Wood Smith Henning laid off 17 people firmwide.
This crisis is a great opportunity to cull the lower 20%. The firms will emerge stronger and more efficient.
Bob Loblaw and Associates laid off 14, including Buster who was just doing some odd jobs around the office.
https://www.youtube.com/watch?v=mwWAsNZTnug
I am new to town, sitting for the next bar exam as an out of town barred attorney, I cannot believe some of the rulings of the appellate courts. This will be a change a pace for me.
You watch the Beverly Hillbillies as a kid? Yes, be ready. And be sure to talk very s l o w l y.
Could you please explain what you mean by it being a change of pace with respect to the decisions of the appeals courts?
I am impressed with some of the briefing. I am impressed with access to electronic files. Some of the decisions, lazy.
Welcome to Las Vegas. Our appellate courts ignore facts and the law, and shit their pants and tell you they are wonderful.
Three thoughts. First, it's a proposal from the UT Bar, not an order from the UT Sup. Ct. So it's not a done deal, and they've opened a comment period. Second, to qualify under the proposed order, the student needs to come from a school with an 86% passage rate. That's quite high! Third, a student would need to perform 360 hours of supervised legal services. That's not a lot of time. An associate at a busy firm can bill that in 3 months.