Judge Richard Boulware II will decide in three weeks whether to dismiss Zane Floyd’s suit challenging Nevada’s plan for lethal injection. [Nevada Appeal]
A Nye County Sheriff’s deputy released a driver who admitted drug use and then went on to cause a fatal wreck. [RJ]
Settlements totaling $675K approved for two men with claims against police. [RJ]
Is Elon Musk’s “free speech” push for Twitter repeating history? [8NewsNow]
Not sure if it's been discussed here before, but LV Justice Court is no longer doing attorney sessions for traffic tickets. Just look up the citation online, click "Resolve" and then you can plead no contest, have it reduced to a parking ticket, and 0 points on your license. You can also submit proof of license/insurance on there as well (if you got a ticket for that).
"The individual cited for a traffic citation may now enter a plea online using Las Vegas Justice Court’s new online platform, Matterhorn.
Access your traffic citation by using the link below:
After accessing your traffic case using the above website, click the Resolve a citation and/or make a payment button located on the top right of the screen. You will be directed to the Matterhorn website for instructions on how to register. Once logged on to the Matterhorn website, you will be able to enter your plea(s), resolve your case and/or make a payment."
For years that fax adjudication was the lifeblood a stunning amount of 'ticket fixit' firms and several of the more prominent criminal firms had 'alter ego' versions of the firms for the fix it side hustle.
ANNND, don't forget about the Materhorn $5.50 charge on each and every credit card transaction. Seems quite steep to me-especially given that it is going to an out of state company. I'm glad the powers that be who shut down the traffic court for about 2 years (while every other jurisdiction in Clark County remained open) and then complained because the courts had lost a vast amount of funding found a way to accomplish their goals.
You may again see private collection companies collecting for traffic violations. My understanding is that with the decriminalization of traffic matters the Court also lost the ability to issue warrants for non-payment.
Yes the new law does away with traffic warrants and suspension of licenses for FTAs. However, the new law specifically allows courts to retain third party collection agencies to go after people who fail to pay their fines. Also, the courts will be able to issue default judgements if people fail to appear for the court dates in traffic cases.
No Attorney Sessions–Las Vegas Traffic Court–Seriously they are giving no points, no traffic school and $100 fine to moving violations without attorney sessions. This sounds too good to be true. How about if you have more serous charges–moving violations with more points?
Guest
Anonymous
April 26, 2022 5:10 pm
My goodness, the article about Twitter is so biased, it doesn't even seem like they are aware of themselves. Quote: "one of the most important being that companies generally don’t want their ads running against violent threats, hate speech that bleeds into incitement, and misinformation that aims to tip elections or undermine public health." Ahm, suppressing the Hunter Biden Story was all Twitter. Tell me again about how much Twitter did not want to "tip" the election against Trump lol. Love or hate Trump, the active and purposeful suppression of Hunter Biden laptop story, banning of the New York Post account, and banning any dissemination of the story on Twitter did, in fact, have real world consequences on the election.
This will certainly be an interesting experiment in free speech. You have to believe that Musk will allow Trump and others back on there given his argument about it being the town square. How will he stop the troll farms though?
Why is it Twitter's responsibility to "stop the troll farms?" And who defines troll? If you don't want to read a comment, don't read it. The beauty of Twitter, Facebook and Instagram- you an keep your account private, follow who you want and block who you want.
I don't really have a strong opinion either way on this, but the problem with the "town square" argument is that the town square idea of free speech is based on PEOPLE exchanging ideas and the best ideas coming out on top. Forums like twitter are extremely susceptible to people gaming the system to make it seem like there are more in favor of an idea that is actually unpopular. It's a great tool to spread bad information and to make that bad information appear legit because hundreds of accounts run by one person agree with it.
11:34 – an interesting thought. However, what and who defines "best ideas" or "bad ideas" The statement that "people gaming the system to make it seem like there are more in favor of an idea that is actually unpopular" is also suspect. Recall that Communism was a popular idea in certain nations. I do not care or put any value on ideas that are popular versus not popular – it does not make these ideas any more or less valid. The point, again, is a free exchange of ideas. If you believe that some trending Twitter concept is not good you can: 1) Disagree with it publicly and make your point; 2) Ignore it all together. That's free speech. When we get into filtering that speech by what we believe are popular and good ideas – that is censorship. Its that easy. There are lots of things we have to filter from the main stream media news outlets that end up either misleading, completely false or simply terrible ideas/concepts being pushed by the ideologically aligned MSM, and we do it everyday. Its easy.
@ 11:47 – this. (insert hand clapping emoji). I try to remind myself that most people share your clear and rational thinking. I believe they do, but I think many of us do not articulate such simple and fundamental ideas enough because we are frankly worn out. I cannot believe that in the USA – in 2022 – free speech is so hotly debated. It's an exhausting and strange concept. Too many people think the masses need protecting and that the protecting must come from "regulation" and the government. This is not the USA of my parents and grandparents. It's sad. But your comment – bravo. I hope you speak up loud, often and publicly.
Town Square
No, the concept refers literally and not figuratively, that anyone can say anything by standing on a soap box in the town square, where back in the day, was the center of activity and communication. It does not, as someone else has suggested, require a "conversation". Any throttling of comments, even from trolls on the modern town square impinges free speech. The real issue is whether a private company's platform is so dominate that it is functionally equivalent to public space speech thereby implicating First Amendment protection.
If you think that is a reach, review the "Company Town" cases on voting, freedom of the press and exercise of religion that you Emanuel-ed in law school.
@5:44
I suppose you didn't read beyond the first line or two. The Company Town defendants argued exactly the same, a private company that can prohibit publications and association on its company property.
Guest
Anonymous
April 26, 2022 5:30 pm
Off topic, but there have been comments over the years that judges do read this blog. If that's true, why don't they change? There's a family court judge who has been slammed on here for a few years. I recently appeared in their court after a long break and they seem as bad as they've ever been.
Guest
Anonymous
April 26, 2022 5:52 pm
Trump already said he's not returning to Twitter. Sad that he would deprive the world of his hilarity.
seriously, a comment like this got deleted? that's hilarious. censorship is so real and it's so obviously by the left and on this blog. the left is losing their collective mind over Elon's purchase of Twitter. long live free speech. and long live capitalisms – lawdawg can delete this comment because this is his space. and i support that. it's lame and transparent, but i support it.
Guest
Anonymous
April 26, 2022 6:01 pm
I've noticed that a lot of the stories coming out of the First JD on the election cases have been by senior judges. Is that normal for those to be farmed out to the senior judges or is there anything going on with Dept 1 or 2 up there?
Sr. Judge appointed after recusal/peremptory challenge
Guest
Anonymous
April 26, 2022 6:09 pm
Off topic – I'm a litigation attorney (field isn't important) and I am about to have a conversation with a client and it will involve this client degrading me about nonsense (complete nonsense) and I'm wondering why have I kept this up for 20 years, and why do I continue to let clients treat me this way. As an aside, more than ninety percent of my clients are polite and professional- dare I say some are even complimentary. They keep me going I guess – not sure. This particular client I am about to speak to is a General Counsel. It is always the lawyers – General Counsel/In House Counsel who act this way. Do they get off on speaking to other lawyers like they are children? If this were "my" client I would fire them – but it is a firms client. I'd like some feedback. How do you cope? I'm seriously burned out and sick of being degraded for b.s.
A thought – GC's are often far removed and have no practical experience in litigation, meaning they have never tried a case. I think many are aware of this short coming and need to puff a bit to seem like they are following the case. Maybe you should discuss it with a firm partner?
Guest
Anonymous
April 26, 2022 6:21 pm
23 years here.
The way that I always handle the unruly disrespectful chastising client, as soon as they are done and let me speak…: "Ok. I am just letting you know that, with me, you get ONE of those outbursts. I am a professional and I dont speak to you that way, I expect the same courtesy and professionalism. We can disagree, but if you ever speak to me again like that, we can amicably part ways."
It always goes one of two ways. (1) the client apologizes and changes their approach to me. (90%). and (2), the client gets more pissed and confrontational, at which point I terminate the phone call and draft my withdrawal, cutting the refund check (if there is one) immediately. I dont play those games.
This profession is enough of a grind without putting up with some pain in the ass client.
During an interview, Tom Hanks once said, "80% of the people I meet are nice. I can't be bothered by the other 20%."
I agree with Tom Hanks.
I say to myself, "Don't run with the turkeys. Soar with the eagles."
Guest
Anonymous
April 26, 2022 10:42 pm
Question, friend of mine is trying to get control of a small bank account that their recently deceased spouse had under an otherwise assetless LLC. We are talking about $5,000 or $6,000. They have gone to the bank with an affidavit of entitlement and the bank (according to them) sent it in to their legal department who rejected it. I even drafted her a letter to send with it explaining that this is how small estates are dealt with in Nevada, citing relevant caselaw, and they wont budge. Any ideas? I would rather not have to a set aside for something so small. Plus I am frustrated that they are not respecting Nevada law.
The problem the bank has is that they have assets of the LLC, but your client is entitled to the assets of the LLC's Owner. Have her provide the affidavit covering his shares in the LLC to whoever is custodian of records for the LLC (probably, her, and assuming the Operating Agreement doesn't say where the shares go). Have the Member(s) have a meeting in which they appoint her as the manager or managing member. Have minutes of the meeting. Then she updates the Annual List of Managers with the NVSOS with her as the Manager or Managing Member. Take the minutes and the List to the Bank. She takes control of the bank account.
Assuming that she is a signatory on the LLC account. If she is not a signatory (and I presume she is not as the bank is refusing to deal with her), she should not empty the account unilaterally.
Assume the account is now locked so writing a check won't work. Once the bank is notified of a death they generally lock the account. Suspect you will need to get something from the Probate Commissioner. The bank will want an order from a set aside?
The LLC hasn't died. Only the signatory on the account has died. All the bank is waiting for (or at least, all it should be waiting for, but a bank's competence isn't something I choose to stake my life on) is for someone to appear and demonstrate their authority to act in the name of the business. You do that by exercising the voting rights which passed with his shares. The method by which the shares passed isn't interesting to the bank, only that they passed. The voting member then appoints herself as the new manager or managing member.
Not sure if it's been discussed here before, but LV Justice Court is no longer doing attorney sessions for traffic tickets. Just look up the citation online, click "Resolve" and then you can plead no contest, have it reduced to a parking ticket, and 0 points on your license. You can also submit proof of license/insurance on there as well (if you got a ticket for that).
"The individual cited for a traffic citation may now enter a plea online using Las Vegas Justice Court’s new online platform, Matterhorn.
Access your traffic citation by using the link below:
https://lvjcpa.clarkcountynv.gov/Anonymous/
After accessing your traffic case using the above website, click the Resolve a citation and/or make a payment button located on the top right of the screen. You will be directed to the Matterhorn website for instructions on how to register. Once logged on to the Matterhorn website, you will be able to enter your plea(s), resolve your case and/or make a payment."
For years that fax adjudication was the lifeblood a stunning amount of 'ticket fixit' firms and several of the more prominent criminal firms had 'alter ego' versions of the firms for the fix it side hustle.
ANNND, don't forget about the Materhorn $5.50 charge on each and every credit card transaction. Seems quite steep to me-especially given that it is going to an out of state company. I'm glad the powers that be who shut down the traffic court for about 2 years (while every other jurisdiction in Clark County remained open) and then complained because the courts had lost a vast amount of funding found a way to accomplish their goals.
Reminds me of the Civil Collection agency hired by LVJCT to collect traffic fines, back in the day.
You may again see private collection companies collecting for traffic violations. My understanding is that with the decriminalization of traffic matters the Court also lost the ability to issue warrants for non-payment.
Yes the new law does away with traffic warrants and suspension of licenses for FTAs. However, the new law specifically allows courts to retain third party collection agencies to go after people who fail to pay their fines. Also, the courts will be able to issue default judgements if people fail to appear for the court dates in traffic cases.
No Attorney Sessions–Las Vegas Traffic Court–Seriously they are giving no points, no traffic school and $100 fine to moving violations without attorney sessions. This sounds too good to be true. How about if you have more serous charges–moving violations with more points?
My goodness, the article about Twitter is so biased, it doesn't even seem like they are aware of themselves. Quote: "one of the most important being that companies generally don’t want their ads running against violent threats, hate speech that bleeds into incitement, and misinformation that aims to tip elections or undermine public health." Ahm, suppressing the Hunter Biden Story was all Twitter. Tell me again about how much Twitter did not want to "tip" the election against Trump lol. Love or hate Trump, the active and purposeful suppression of Hunter Biden laptop story, banning of the New York Post account, and banning any dissemination of the story on Twitter did, in fact, have real world consequences on the election.
This will certainly be an interesting experiment in free speech. You have to believe that Musk will allow Trump and others back on there given his argument about it being the town square. How will he stop the troll farms though?
Why is it Twitter's responsibility to "stop the troll farms?" And who defines troll? If you don't want to read a comment, don't read it. The beauty of Twitter, Facebook and Instagram- you an keep your account private, follow who you want and block who you want.
Troll farms are no big deal. Its the Bots that will be eliminated by Open Sourcing the algorithms.
I don't really have a strong opinion either way on this, but the problem with the "town square" argument is that the town square idea of free speech is based on PEOPLE exchanging ideas and the best ideas coming out on top. Forums like twitter are extremely susceptible to people gaming the system to make it seem like there are more in favor of an idea that is actually unpopular. It's a great tool to spread bad information and to make that bad information appear legit because hundreds of accounts run by one person agree with it.
11:34 – an interesting thought. However, what and who defines "best ideas" or "bad ideas" The statement that "people gaming the system to make it seem like there are more in favor of an idea that is actually unpopular" is also suspect. Recall that Communism was a popular idea in certain nations. I do not care or put any value on ideas that are popular versus not popular – it does not make these ideas any more or less valid. The point, again, is a free exchange of ideas. If you believe that some trending Twitter concept is not good you can: 1) Disagree with it publicly and make your point; 2) Ignore it all together. That's free speech. When we get into filtering that speech by what we believe are popular and good ideas – that is censorship. Its that easy. There are lots of things we have to filter from the main stream media news outlets that end up either misleading, completely false or simply terrible ideas/concepts being pushed by the ideologically aligned MSM, and we do it everyday. Its easy.
@ 11:47 – this. (insert hand clapping emoji). I try to remind myself that most people share your clear and rational thinking. I believe they do, but I think many of us do not articulate such simple and fundamental ideas enough because we are frankly worn out. I cannot believe that in the USA – in 2022 – free speech is so hotly debated. It's an exhausting and strange concept. Too many people think the masses need protecting and that the protecting must come from "regulation" and the government. This is not the USA of my parents and grandparents. It's sad. But your comment – bravo. I hope you speak up loud, often and publicly.
Town Square
No, the concept refers literally and not figuratively, that anyone can say anything by standing on a soap box in the town square, where back in the day, was the center of activity and communication. It does not, as someone else has suggested, require a "conversation". Any throttling of comments, even from trolls on the modern town square impinges free speech. The real issue is whether a private company's platform is so dominate that it is functionally equivalent to public space speech thereby implicating First Amendment protection.
If you think that is a reach, review the "Company Town" cases on voting, freedom of the press and exercise of religion that you Emanuel-ed in law school.
It is not a free speech issue. Twitter is a private company. They can keep or remove users as they see fit.
@5:44
I suppose you didn't read beyond the first line or two. The Company Town defendants argued exactly the same, a private company that can prohibit publications and association on its company property.
Off topic, but there have been comments over the years that judges do read this blog. If that's true, why don't they change? There's a family court judge who has been slammed on here for a few years. I recently appeared in their court after a long break and they seem as bad as they've ever been.
Trump already said he's not returning to Twitter. Sad that he would deprive the world of his hilarity.
Be careful, similar comment yesterday got rawdawged by the lawdawg
seriously, a comment like this got deleted? that's hilarious. censorship is so real and it's so obviously by the left and on this blog. the left is losing their collective mind over Elon's purchase of Twitter. long live free speech. and long live capitalisms – lawdawg can delete this comment because this is his space. and i support that. it's lame and transparent, but i support it.
I've noticed that a lot of the stories coming out of the First JD on the election cases have been by senior judges. Is that normal for those to be farmed out to the senior judges or is there anything going on with Dept 1 or 2 up there?
Sr. Judge appointed after recusal/peremptory challenge
Off topic – I'm a litigation attorney (field isn't important) and I am about to have a conversation with a client and it will involve this client degrading me about nonsense (complete nonsense) and I'm wondering why have I kept this up for 20 years, and why do I continue to let clients treat me this way. As an aside, more than ninety percent of my clients are polite and professional- dare I say some are even complimentary. They keep me going I guess – not sure. This particular client I am about to speak to is a General Counsel. It is always the lawyers – General Counsel/In House Counsel who act this way. Do they get off on speaking to other lawyers like they are children? If this were "my" client I would fire them – but it is a firms client. I'd like some feedback. How do you cope? I'm seriously burned out and sick of being degraded for b.s.
How long has the GC been practicing?
All I can say is I feel you. And I'm sorry. I get the same vibe from many GC's I work with.as well. I've always thought it is an arrogance thing.
A thought – GC's are often far removed and have no practical experience in litigation, meaning they have never tried a case. I think many are aware of this short coming and need to puff a bit to seem like they are following the case. Maybe you should discuss it with a firm partner?
23 years here.
The way that I always handle the unruly disrespectful chastising client, as soon as they are done and let me speak…: "Ok. I am just letting you know that, with me, you get ONE of those outbursts. I am a professional and I dont speak to you that way, I expect the same courtesy and professionalism. We can disagree, but if you ever speak to me again like that, we can amicably part ways."
It always goes one of two ways. (1) the client apologizes and changes their approach to me. (90%). and (2), the client gets more pissed and confrontational, at which point I terminate the phone call and draft my withdrawal, cutting the refund check (if there is one) immediately. I dont play those games.
This profession is enough of a grind without putting up with some pain in the ass client.
Not the OP who posted above, but I work for a large firm. I wish I had the discretion to respond the way you outlined. Perfect approach.
1121 here.
Solo / Small Firm since 2002.
During an interview, Tom Hanks once said, "80% of the people I meet are nice. I can't be bothered by the other 20%."
I agree with Tom Hanks.
I say to myself, "Don't run with the turkeys. Soar with the eagles."
Question, friend of mine is trying to get control of a small bank account that their recently deceased spouse had under an otherwise assetless LLC. We are talking about $5,000 or $6,000. They have gone to the bank with an affidavit of entitlement and the bank (according to them) sent it in to their legal department who rejected it. I even drafted her a letter to send with it explaining that this is how small estates are dealt with in Nevada, citing relevant caselaw, and they wont budge. Any ideas? I would rather not have to a set aside for something so small. Plus I am frustrated that they are not respecting Nevada law.
The problem the bank has is that they have assets of the LLC, but your client is entitled to the assets of the LLC's Owner. Have her provide the affidavit covering his shares in the LLC to whoever is custodian of records for the LLC (probably, her, and assuming the Operating Agreement doesn't say where the shares go). Have the Member(s) have a meeting in which they appoint her as the manager or managing member. Have minutes of the meeting. Then she updates the Annual List of Managers with the NVSOS with her as the Manager or Managing Member. Take the minutes and the List to the Bank. She takes control of the bank account.
Or if she has the check book for the LLC write a check to herself for the balance in the account and deposit it into her account
Assuming that she is a signatory on the LLC account. If she is not a signatory (and I presume she is not as the bank is refusing to deal with her), she should not empty the account unilaterally.
Assume the account is now locked so writing a check won't work. Once the bank is notified of a death they generally lock the account. Suspect you will need to get something from the Probate Commissioner. The bank will want an order from a set aside?
The LLC hasn't died. Only the signatory on the account has died. All the bank is waiting for (or at least, all it should be waiting for, but a bank's competence isn't something I choose to stake my life on) is for someone to appear and demonstrate their authority to act in the name of the business. You do that by exercising the voting rights which passed with his shares. The method by which the shares passed isn't interesting to the bank, only that they passed. The voting member then appoints herself as the new manager or managing member.
Been down this road before. The bank will only recognize an order. End of story. If they have to think about it, they will deny it.
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