- Quickdraw McLaw
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- Here’s the Stipulation and Order of Consent to Resignation signed by Justice of the Peace Melanie Andress-Tobiasson. Her resignation becomes effective on May 7, 2021. She also stipulated to dismiss her lawsuit against the Commission on Judicial Discipline. [RJ; Las Vegas Sun; Nevada Current]
- For you completionists out there, here is the Stipulation and Order of Consent to Public Reprimand signed by former Judge Richard Scotti last month.
- As some of you mentioned in the comments, Dean Dan Hamilton is stepping down at Boyd Law School. [RJ]
- Here’s where the Legislature is at with one month left in the session. [TNI]
- Opinion: what would justice for Jorge Gomez look like? [TNI]
- Real Water technician testifies as suits continue. [RJ]
Tobiasson got screwed. Not sure why the Commission was so out for her except that they're covering for the DA and metro. It all seems super shady to me. I don't know her and have only been in her courtroom a handful of times over the years, but my heart goes out to her and her family. I hope she's okay.
I'm not a fan of metro by any stretch of the imagination, but Jorge Gomez was a problematic person walking around with guns during an extremely tense protest. I don't know that I can believe anything the cops said, but I've seen videos and pictures of him and I read a compilation of reporters' interactions with him that night leading up to the shooting. I can't say I would've acted any different than those cops did that night under the circumstances. So hurray for the 2nd amendment.
A a toddler, my child was molested by an adult male "friend" of the family. Metro interviewed him and simply said, "He denies it." I do not think they even asked for a polygraph. I was told that I would be contacted by CPS, but I had to call CPS multiple times for an interview. There was no indication CPS ever contacted the perpetrator. Metro investigates what they want to investigate, and it appeared to me, they often take the easy way out. I can understand why a loving parent would engage in self-help after being ignored.
With regard to Judge Scotti, what ever happened to the allegations that Craig Mueller gave him a "campaign contribution" just before Scotti dismissed two of Mueller's DUI cases?
11:00-Well, there are some problems, if the allegations against her are in fact true(performing her own stake outs, kicking in a suspect's door, accepting a criminal case negotiation without disclosing that individual was one of the people involved in this whole drama, etc.).
But that all understood, it does appear that she was trying to prevent a horrible crime against her daughter and other teenage girls(being exploited for prostitution), had some evidence or arguable merit and legitimacy to present but no one would listen.
That said, I doubt all these public officials were as corrupt, and callous and uncaring as she insists, and I doubt she was remotely as out-of-control as the Commission insists.
And to the extent she took actions that may seem somewhat out-of-control, what do we expect of a parent who has un out of options in saving their child?
Also, one of the charges seems like real b.s.–that she went to a high-ranking Metro official who would not have granted her an audience had she not been a judge or so-called prominent person. In other words, that she used her judicial title and position to gain preferential access.
But shouldn't such access be based on the severity and arguable legitimacy of the claim being made, and not who the messenger is?
For example, if some retail clerk came to the high-ranking official with the same material, should they not have been granted consideration and time as well with the high-ranking official?
Is the Commission suggesting that even if there are allegations of arguable legitimacy that children are in serious danger that there is still some elitist pecking order where that parent cannot get the attention of the high-ranking official unless that parent holds an influential position in the community?
The alleged facts, and how arguably legitimate they may appear, should be what gains access–not who the messenger is or what their profession is.
She went a little bit overboard, but there were plenty of mitigating circumstances, and I wouldn't trust Metro as far as I could throw them. This should have been resolved with some kind of public reprimand at most, and I'm sorry that she didn't feel she could continue to fight it. I wish her the best.
What I'm I missing? Why would she agree to resign? In a climate of judicial unethical being at a 95 percentage rate in this state, a discipline record is the norm.
Why resign? She spent $600,000 fighting the Commission. As you saw the last time she won, she did not win. They came at her with a new allegation. If she won this time, they would have come at her with a new allegation. She had a great ally in Bill Terry, but Bill is gone. $600,000 later and the realization that you run away from them and can only pick when and how they are going to get you.
*cannot run away from the Commission
Correct. Pelt on the wall. The Commission needs to take down judges periodically just to remind everyone that they can and that the ridiculous budget is needed. A weapon that never gets detonated loses its deterrent effect.
1:34–I used to not necessarily subscribe to what you are saying as 10, 15 and 20 years ago it seemed that only the truly egregious matters resulted in serious judicial discipline.
But that has changed dramatically.
Viewing what has occurred over the last 7 or 8 years, there has been a shift toward disciplining judges not just for ethics issues, but for how they handle matters such as contempt, notice and procedure.
Those are matters that should not be within the purview of the Discipline Commission, but are matters for the District or Appellate Courts to address.
And that one Family Judge did succeed in a reversal on those very grounds(and yes, it was the indominable Bill Terry who represented her).
Now that all said, although the Commission has branched out, in recent years, beyond more standard ethical issues and into the procedural terrain of how cases are handled(such as contempt and notice–matters that are properly addressed through appellate review), in no sense is the Commission always missing the mark.
They have scored some in recent years I very much agree with. One example is the JP who had a Deputy Public Defender handcuffed(apparently, for continuing to argue and advocate) made her shut up, sit in the jury box, and then started dealing directly with her clients without letting her have any future involvement.
And then he compounded matters by telling some law clerk, or non-lawyer assistant,from the PD's office to present the cases.
Now, that is one example of Contempt of Court issued by a judge where I believe it was very proper for the Commission to take action. In fact, I believe it was imperative that they do so.
And that was not the only problem that JP had to deal with relative to the discipline case.
Las Vegas Justice of the Peace Conrad Hafen put deputy public defender Zohra Bakhtary in handcuffs and made her sit with the criminals in the dock while he sentenced her client, who was unrepresented for the duration of the hearing.
Bakhtary, who has been with the public defender for three years, had been attempting to communicate mitigating argument to the judge, who repeatedly ordered her to be silent. OUTRAGEOUS!!!
Another example of how women are treated in this legal community. I had one male attorney coerce me and tell me he would be stalking me out in public. The Bar and the courts should do stuff about this shit.I now carry a firearm.
With a majority female Nevada Supreme Court, it will not happen. Those women treat female lawyers like s hit, shameful.
My thoughts and prayers are with Melanie Tobiasdon. This prosecution was bullshit.
12:19–12:11 here.
Agree with your assessment.
You pretty much stated the bottom line quite succinctly.
From the Dean Dan article "'With Senator Reid, the law school built the Senator Reid Civic Dialogue Program, which not only raised the national profile of the law school, it brought in speakers including President Joe Biden, Vice President Kamala Harris, U.S. Attorney General Eric Holder, and Congressman James Clyburn,' Heavey wrote." Very intellectually neutral.
Dean Dean, bye bye. Take Harry Reid with you, but leave the silverware.
Will Garman Turner be able to save the NRA from the NY attorney general? https://nraindanger.wordpress.com/2021/04/30/recap-of-last-day-of-bankruptcy-testimony/
Why does judicial discipline have such a hard on for Amy Chellini? I still want to hear about the LVRJ mentioned mob ties that Tobiasdon has?
Let us not forget Catherine Ramsey: The Nevada Judicial Discipline Commission barred the North Las Vegas Municipal Judge from running for re-election, and it also suspended Ramsey without pay for the last three months of her term.
The charges against Ramsey included amending and/or dismissing multiple cases against the wishes of the city attorney’s office and defense attorneys, along with making her staff run errands. She once followed her assistant to the doctor, against the wishes of the assistant, and then went back to the office and discussed the assistant's medical issues with other employees.