- Quickdraw McLaw
- 48 Comments
- 296 Views
- Gov. Lombardo draws fire for vetoing renter-related bills. [RJ]
- Search history leads to man’s arrest in murder investigation. [RJ]
- Health district closes Planet Hollywood pools. [RJ]
- Cannabis Compliance Board awards conditional approval to first three consumption lounges. [TNI]
- Arizona governor vetoes bill that would have ended requirement that attorneys be members of state bar. [AZ Mirror]
AB 244. Discuss.
This clarifies the intent of the bill that was passed a session or two ago re having observers present, etc. The Commissioner(s) were not allowing observers to be present (except as "moral support") and were specifically not permitting attorneys to be present. Personally, I would never want to be present for my client's exam, because it is too close to becoming a witness in the case. I do frequently, but not always, retain an RN to be there observing and taking notes. In some cases, clients have made their own audio recordings of exams also.
My assessment is also that an attorney would then become a witness and be conflicted out. Also, this is trying to circumvent the Lyft decision and invades (again) on the province of the Supreme Court.
I don't understand how this statue fixes the problem addressed by Lyft
@11;14 it doesn’t.
Isn't it not in effect yet? I don't see it was approved by Lombardo.
Lyft was applied because it only applied to exams in litigation. This statute applies to all examinations thereby making it a substantive right.
The statute was signed by Lombardo and went into effect June 15, 2023. It tries to go around Lyft by giving the examinee the right for damages if the exam is not conducted in accordance with the statute (such as insufficient notice is given).
I have no doubt that the apartment and property management industry gave a ton of money to Lombardo, but there should have been a compromise reached on some of this legislation. Curb some of the more egregious practices without forcing property owners to host non-paying tenants for days and days on end.
Not sure about contributions to Lombardo, but TNI had a good breakdown of the political contributions to NV legislators among donors over $200. I believe the NV Association of Realtors was the highest single donor, with about $430,000 in contributions. According to TNI, among $200-or-higher contributions real estate interests come in second in overall contributions by industry type, behind labor but ahead of gaming.
https://thenevadaindependent.com/article/follow-the-money-labor-real-estate-are-top-contributors-to-nevada-lawmakers
"said American Civil Liberties Union of Nevada Policy Manager Lilith Baran in a statement. “Time after time we have watched housing justice policies fizzle and stall. … Access to affordable housing is a fundamental human right."
Fundamental right? Odd, I don't remember that from ConLaw.
The real injustice here is that Gov. Lombardo dared to refuse to continue to build and back the holier-than-thou and unaccountable-to-anyone LACSN empire on the backs of taxpayers and Bar members.
I don't remember it from ConLaw either, but I have observed many animals in nature. Even wild animals understand the concept and importance of shelter.
We human animals, vastly more clever than the wild animals we are in the process of exterminating en masse, are obsessed with our inventions. Apparently we've reached the to the point where artificial entities that require no shelter can assert legal rights to shelter superior to the human animals who created both the entities, and the legal code those entities use to forcibly remove humans from the shelter they still require as a condition of meaningful survival.
"You poor fools, your own creation destroyed you."
–Jean-Luc Picard
11:44 (if she's quoted correctly here by you – you don't seem to be a big "details" guy) – "human right" and "constitutional right" are not the same thing. No international law classes offered at your law school, eh?
Landlords are the embodiment of the bourgeoisie. I honestly am ok with the veto, as further protections for the landlords will only serve to further enrage the proletariat and worsen their conditions. The revolution is coming soon, comrades. Do not be fooled by the idea that somehow because lawyers are "upper middle class" that capitalism serves our interests.
2:11 what? Can you explain how "landlords are the embodiment of the bourgeoise"? Wasn't the bill that was vetoed about protections for tenants and not landlords?
9:47 often landlords must host non-paying tenants for months and months on end (not merely days and days on end). Yes there are plenty of terrible landlords, but there are also plenty of terrible tenants.
From my experience, both personal for clients, tenants will pay their $300 cox bill and $150 cell phone bill before they pay rent.
Evictions suck, it takes way too long. The "bad" tenants know how to game the system.
Meanwhile the owner/landlord has to make their mortgage payment.
They all have money for fast food, booze, penny slots, better I-phone than I have, top cable TV and enough money to get new tattoos. Rent is always last.
Can't remember the name of the lawyer but there was a landlord's counsel giving public comment in front of the Supreme Court a few months ago when they were hearing something or other about eviction court on the admin docket. He was red in the face, spewing about how "the rent is due" and Parraguirre basically asked him what his point was because the landlords had been paid anyway through housing covid assistance – just not directly by the tenants. No good answer, of course… it's less about the books and more about maintaining the upper hand for a lot of these guys. And it's gross.
This is comical. Covid housing assistance is backlogged. Applications take 3-4 months. When money finally comes in to the landlord, it’s applied to the back owed rent for a tenant that has since skipped another 3 months of payments in the meantime. With the recent legislation proposed (and smacked down by the Governor, thankfully), tenants could simply claim financial hardship with no evidence, no pending application for assistance, nothing and voila—extension (read: no rent owed and no eviction) for a few more months. Enough is enough. Good on Lombardo for doing what’s right.
I see that OBC was slapped down yesterday. What a ridiculous prosecution. Have they nothing better to do?
Narrator: It's a solo. It's a BS allegation. Thus, they do not. Couldn't just take the L and walk away, they wanted to show their ass with a public NSC filing.
What's the OBC case referenced above
I don't want to boost the signal of a BS allegation and a BS case, so I won't post the name of the attorney or the case. But if you search under "discipline," you'll see a case filed yesterday. Volume 1 has the complaint and the panel's findings.
Joseph Maridon, Jr. # 8561, for a bar number that old it seems like he still lacks the maturity to disagree with a judge appropriately.
So, basically, Maridon, a Nevada licensed attorney, was right about the law, and JP Shupe, who apparently is not a Nevada licensed attorney, was wrong about the law, and OBC went after Maridon because he impolitely told Shupe that Shupe was wrong? Do I have that correct?
Maybe I am missing something, but Mueller does Bar Proceedings? Not my first choice, but hey, I am not the one paying the bills.
OBC was bound to get a smack down. They have way overstepped the mark. And I agree with Maridon. Don't know him, but I am soooo tired of having judges very loudly pronounce the law from the bench and them being objectively wrong – as in completely misstating black letter law. We shouldn't have to walk on egg shells and talk around the real issue and that is that certain judges don't know their "belly buttons" from a hole in the ground. They have computers on the bench right in front of them. There is nothing that stops them from actually googling the NRS before they open their gaping maws and confirm what idiots they really are.
For those who agree with 2:28, the NSC has given you the green light to be a complete dick in court. Now every civil and criminal courtroom can be just like Family Court. Wonder what'll happen when someone mouths off to a NSC justice during oral argument? Hmm.
Case No. 85606
I would not have said the things he said, and I certainly would not have been rude to the staff member, if for no other reason than because it harms my current and future clients for me to be on the sh%tlist of any judge. But, having quickly read the opinion (but admittedlynot any of the record or the briefs), this just doesn't rise to the level of a Bar matter.
2:33 seems to have forgotten that contempt is still a thing. If people act outrageously in Court they can and should be held in contempt. What should not happen is a bar complaint when someone says something in Court that is not even that rude. I read the decision, what he said was borderline rude at best. Seems to be a case of a rural county Justice of the Peace getting butt hurt about someone not kissing his ring.
Contempt stopped being a thing with Conrad Hafen.
Where have you been?
Contempt is still a thing, most judges just don't know how to effectively issue an order of contempt. They think they can just summarily hold someone in contempt. That is false. Check out the Michael McDonald case. Marquis knew how to hold someone in contempt. Most of them do not. Hafen and Potter were not holding people in contempt. They were bullies who were out of control.
Judges don't hold attys in contempt because they'll get a bad rep in legal community, which doesn't help when asking for re-election contributions. So they want OBC to do it for them, which ain't happening no more.
5:22 is on-point. Judges, its up to you. LMAO.
5:22 is on effin’ point
Nevada Supreme Court: "You must be civil and professional in the practice of law."
Also the Nevada Supreme Court: "Go ahead and call a judge's chambers, engage in impermissible ex parte communications, yell at their staff, and call them an idiot."
1:26 PM–Mueller does bar complaint cases? Craig Mueller has handled a lot of high profile cases and clients. He is tenacious so I suspect that his zealous representation made a difference in this case. No I am not Craig Mueller.
126 here. I agree that Mueller does high profile cases and he is pretty good. I actually really like Craig. I was just unaware that he was doing bar cases. As for him not being my first choice, its simply because I would go with Bare or Clark.
The comment was not meant to disparage you. . . .I mean "Craig".
Kudos to the med mal defense firms for convincing their carriers to pay for useless writs that almost never go anywhere. When I was a young'un I was told by my elders, and by more than one sitting Justice at the time, not to bother filing a writ unless the trial court did something that was completely beyond the pale, and if it was denial of an MSJ, then do not waste your time and the client's money at all.
I was told by Hardesty to file more writs so that more opinions on applicable issues could be issued. Of course, since that was his freaking job, and mine was to not waste my clients' money, I ignored the "advice."
I would bet my next paycheck that 10:36 has also posted on this blog about how new attorneys these days "don't want to work anymore!"
My next paycheck is whatever is left over.
#SoloProblems
My aspiration is to be the Assistant Co-Chair of the Useless Writs Practice Group.
The Governor's press release of his list of achievements for this legislative session (https://gov.nv.gov/Newsroom/PRs/2023/2023-06-16_First_Legislative/) includes:
"enacting anti-school violence policies"
The CCSD jokes just write themselves.
I applaud the Review Journal for its hard hitting journalism. The Planet Hollywood pools were closed by the Health District a full week before the Review Journal, the Strip Casino's mouthpiece, informed the public of it.