I don't think Fumo can make too convincing a case(despite referring to a couple admittedly troublesome Herndon decisions )that Herndon is "legally unqualified", in terms of lacking sufficient legal knowledge and acumen when compared to the average District Court Judge.
I think the whole question is validly posed as to whether Herndon is "ethically unqualified" , and to this point pretty much the entire focus revolves around the Fred Steese matter.
It was a travesty of the first order. When serving as an ADA, he buried clearly exculpatory evidence, and the innocent Defendant then served 22 years in stir.
Unlike the other ADA involved(also now a judge) Herndon took some level of accountability. But one needs to now reflect on whether that remorse was completely sincere, as Herndon's mea culpas(regarding Steese) are fairly recent, and rather than humbly laying a bit low and committing to being the best and most fair District Court Judge he can be, he seeks to reward himself with this brass ring–a seat on the NSC.
10:12–these bloggers are attempting a fair-minded interpretation of the situation, including pros and cons of each positon.
And your response is to simply say that there have been some democratic presidents and democratic politicians who have done worse things.
Makes no sense. No one would ever be accountable for anything if all one needed to show is examples of people doing worse things that they may not have been held accountable for.
What's worse is that your simplistic approach has a real partisan bend. Clearly, if the judge was a democrat you would not have weighed in with your input.
Assuming this is primarily a lawyer blog and the people commenting are generally attorneys, 10:12's comment is bothersome. The commenter presumably has 20+ years of education, including at least 3 years of education primarily focused on how to think and argue and yet said individual has resorted to whataboutisms with zero relevance to the conversation. Sad.
Ok, looked them up. My life is not enriched by knowing who they are. The case with the prosecutor was tragic all around, but when I used to spend time with criminal law attorneys, I did notice a lot of drug-fueled dysfunction, and so I have only sadness and empathy for the ones who fall off the rails. It's rough.
12:54–if there is an inordinate amount of "drug-fuelled" dysfunction with criminal law attorneys, I wonder what the cause.
Is it the intense pressure of that type of work and/or becoming jaded and depressed by that kind of work?
Or is it just being cool and cliquish to fit in with other criminal law attorneys who they hang out with and who practice that lifestyle?
I pose that question with the presumption that your premise has merit, but I'm not sure it does. Do attorneys in the criminal field(whether prosecution or defense) tend to resort to chemical dependency at anything resembling a significantly higher rate than other attorneys?
I ask because I don't know, and don't want to just accept 12:54's potentially unfair premise.
Another 20+ year inhabitant of the local legal community here. Having experienced and engaged with both Ozzie (for whom I have a great deal of professional respect and personal like) and Herndon. Ozzie will be an activist. And God knows, we dont need any more of those in this state.
Herndon will be much closer to a strict constructionist and therefor, has my vote and those who ask me.
This is 12:54. My sampling size was tiny compared to the size of the criminal law bar, so you are absolutely correct to doubt the accuracy of my generalized statement that was based on some attorneys I hung out with a long time ago.
I would tend to think each sub-specialty has its challenges, so who knows where the most substance abuse is taking place?
However, I will say that when I was single, walking into a strip club and running into PI attorneys was always bad news, because they'd hog all the talent. Very depressing. Again, small sample size, but real data.
Herndon was a decent Deputy DA and a really good judge. The Steese case is greatly exaggerated. The Nevada Supreme Court needs a judge who has a background in criminal law and experience as a judge. Lately the Nevada Supreme Court has been hell bent on overturning convictions where the evidence of guilt has been overwhelming. I worry that Fumo who is a Democrat and a criminal defense attorney will make it tougher on the state. Don't forget Fumo is a legislator and will want to legislate from the Court. It is already tough enough for the State and getting harder. I don't expect the DAs to be "choir boys". No I am not connected to Herndon. I have done criminal work. My vote goes to Herndon.
I expect DAs to seek justice, not try to outscore their fellow DAs with their conviction rate.
It should be tough on the state. The state has all of the advantages. The only thing that inures to the defendant's benefit is the reasonable doubt standard.
@10:57; You wrote "The Nevada Supreme Court needs a judge who has a background in criminal law and experience as a judge…" What is Abbi Silver, chopped liver?
9:57–yes, Fumo has some valid points, but seeking to paint Herndon as legally incompetent for isolated poor decisions(like the second degree murder charge for the DUI driver)ignores the fact that in general, he is far more knowledgeable than the average District Court Judge.
That second degree murder charge is a typical occasional byproduct of our obsession with appointing career prosecutors to the bench, and almost never appointing career defense attorneys.
So, yes, most of the dialogue can and should surround the Steese case, the ethical implications it raises, whether Herndon's acknowledgment of that is full and sincere, and whether he has sufficiently learned from it and will become aa better judge and a better human being.
On the one hand his actions were a quarter century ago, when he was a young prosecutor, who was in fact not the lead prosecutor on the case, and he has expressed what appears to be some real degree of sincere significant remorse.
On the other hand, it was a horrific situation wherein an innocent man served 22 years in prison, which apparently traumatized him to the point he appears to be an unemployable, clinically depressed wreck(who wouldn't be after what he endured?).
The voters can and should balance those two conflicting points and make their assessment.
Problem is most voters will know nothing of the Steese matter.
Guest
Anonymous
September 28, 2020 5:39 pm
That apology was not sincere. That being said, he will still receive my vote.
Really? Seemed genuine to me. It was a terrible mistake by a young attorney, but I think he has proven himself on the bench as probably one of the best judges we have.
Guest
Anonymous
September 28, 2020 5:52 pm
I am not an insider with any kind of special insight. I do think it's going to be interesting to see how mailing out ballots to every registered voter affects judicial races. It seems like it may upend judicial races in two ways: (a) higher participation; and (b) many voters will likely sit at a computer at home and Google each candidate as they fill out the ballot. As to (b), it seems like this could have a very significant impact on several judicial races. There are at least a handful of candidates who will be harmed by voters filling out their ballots while making Google searches. Voters who may have otherwise abstained or relied on endorsements, may now feel comfortable making an informed pick. Could be interesting.
10:52 here. I was surprised by the number of non-lawyers I know that did just that in the primary. Now, those people may not be representative. But there are candidates that will be harmed if even 10 or 15 percent of voters do this.
Voter here, not in the legal field. I have indeed been researching each judicial candidate and found things I didn't like about some people which influenced my votes.
Guest
Anonymous
September 28, 2020 6:00 pm
Pleasant puff piece for Vohwinkel. I would add this important note: business bankruptcy is honorable and should be seriously considered by most business men and women now and going into 2021.
Whether it's an individual Chapter 7 to wipe out business debt completely, or a hoity toity Chapter 11, or a really amazingly fair and beautiful modified Chapter 11 subchapter V (SBRA), business bankruptcy is an honorable option for navigating the treacherous waters of a post-Covid business environment.
Guest
Laughlin Constable Jordan Ross
September 29, 2020 3:05 pm
Could this particular honorable practice please remember to communicate adequately when bailing on a case? My Agency recently had to sort out a mess and redirect thousands of dollars of garnished commercial income when a BK attorney silently withdrew from a case and failed to inform us a party had filed with the bankruptcy court. Doesn't happen often, but please don't let a story like this be about your firm.
I don't think Fumo can make too convincing a case(despite referring to a couple admittedly troublesome Herndon decisions )that Herndon is "legally unqualified", in terms of lacking sufficient legal knowledge and acumen when compared to the average District Court Judge.
I think the whole question is validly posed as to whether Herndon is "ethically unqualified" , and to this point pretty much the entire focus revolves around the Fred Steese matter.
It was a travesty of the first order. When serving as an ADA, he buried clearly exculpatory evidence, and the innocent Defendant then served 22 years in stir.
Unlike the other ADA involved(also now a judge) Herndon took some level of accountability. But one needs to now reflect on whether that remorse was completely sincere, as Herndon's mea culpas(regarding Steese) are fairly recent, and rather than humbly laying a bit low and committing to being the best and most fair District Court Judge he can be, he seeks to reward himself with this brass ring–a seat on the NSC.
how can you write this knowing what the Clinton's and Obama's did?
10:12–these bloggers are attempting a fair-minded interpretation of the situation, including pros and cons of each positon.
And your response is to simply say that there have been some democratic presidents and democratic politicians who have done worse things.
Makes no sense. No one would ever be accountable for anything if all one needed to show is examples of people doing worse things that they may not have been held accountable for.
What's worse is that your simplistic approach has a real partisan bend. Clearly, if the judge was a democrat you would not have weighed in with your input.
Assuming this is primarily a lawyer blog and the people commenting are generally attorneys, 10:12's comment is bothersome. The commenter presumably has 20+ years of education, including at least 3 years of education primarily focused on how to think and argue and yet said individual has resorted to whataboutisms with zero relevance to the conversation. Sad.
20+ years? Not me. I have been practicing law for over 20 years and am embarrassed to say I have no idea who Herndon and Fumo are.
12:33–what type of law do you practice? That might help explain why you don't know Herndon, who has been on the District Court bench over 15 years.
As for Fumo, he's an Assemblyman, but perhaps you don't follow Nevada politics too closely
Ok, looked them up. My life is not enriched by knowing who they are. The case with the prosecutor was tragic all around, but when I used to spend time with criminal law attorneys, I did notice a lot of drug-fueled dysfunction, and so I have only sadness and empathy for the ones who fall off the rails. It's rough.
12:54–if there is an inordinate amount of "drug-fuelled" dysfunction with criminal law attorneys, I wonder what the cause.
Is it the intense pressure of that type of work and/or becoming jaded and depressed by that kind of work?
Or is it just being cool and cliquish to fit in with other criminal law attorneys who they hang out with and who practice that lifestyle?
I pose that question with the presumption that your premise has merit, but I'm not sure it does. Do attorneys in the criminal field(whether prosecution or defense) tend to resort to chemical dependency at anything resembling a significantly higher rate than other attorneys?
I ask because I don't know, and don't want to just accept 12:54's potentially unfair premise.
Another 20+ year inhabitant of the local legal community here. Having experienced and engaged with both Ozzie (for whom I have a great deal of professional respect and personal like) and Herndon. Ozzie will be an activist. And God knows, we dont need any more of those in this state.
Herndon will be much closer to a strict constructionist and therefor, has my vote and those who ask me.
Voting for Doug Herndon
This is 12:54. My sampling size was tiny compared to the size of the criminal law bar, so you are absolutely correct to doubt the accuracy of my generalized statement that was based on some attorneys I hung out with a long time ago.
I would tend to think each sub-specialty has its challenges, so who knows where the most substance abuse is taking place?
However, I will say that when I was single, walking into a strip club and running into PI attorneys was always bad news, because they'd hog all the talent. Very depressing. Again, small sample size, but real data.
Herndon was a decent Deputy DA and a really good judge. The Steese case is greatly exaggerated. The Nevada Supreme Court needs a judge who has a background in criminal law and experience as a judge. Lately the Nevada Supreme Court has been hell bent on overturning convictions where the evidence of guilt has been overwhelming. I worry that Fumo who is a Democrat and a criminal defense attorney will make it tougher on the state. Don't forget Fumo is a legislator and will want to legislate from the Court. It is already tough enough for the State and getting harder. I don't expect the DAs to be "choir boys". No I am not connected to Herndon. I have done criminal work. My vote goes to Herndon.
I expect DAs to seek justice, not try to outscore their fellow DAs with their conviction rate.
It should be tough on the state. The state has all of the advantages. The only thing that inures to the defendant's benefit is the reasonable doubt standard.
@10:57; You wrote "The Nevada Supreme Court needs a judge who has a background in criminal law and experience as a judge…" What is Abbi Silver, chopped liver?
Same for Lidia Stiglich
9:57–yes, Fumo has some valid points, but seeking to paint Herndon as legally incompetent for isolated poor decisions(like the second degree murder charge for the DUI driver)ignores the fact that in general, he is far more knowledgeable than the average District Court Judge.
That second degree murder charge is a typical occasional byproduct of our obsession with appointing career prosecutors to the bench, and almost never appointing career defense attorneys.
So, yes, most of the dialogue can and should surround the Steese case, the ethical implications it raises, whether Herndon's acknowledgment of that is full and sincere, and whether he has sufficiently learned from it and will become aa better judge and a better human being.
On the one hand his actions were a quarter century ago, when he was a young prosecutor, who was in fact not the lead prosecutor on the case, and he has expressed what appears to be some real degree of sincere significant remorse.
On the other hand, it was a horrific situation wherein an innocent man served 22 years in prison, which apparently traumatized him to the point he appears to be an unemployable, clinically depressed wreck(who wouldn't be after what he endured?).
The voters can and should balance those two conflicting points and make their assessment.
Problem is most voters will know nothing of the Steese matter.
That apology was not sincere. That being said, he will still receive my vote.
Really? Seemed genuine to me. It was a terrible mistake by a young attorney, but I think he has proven himself on the bench as probably one of the best judges we have.
I am not an insider with any kind of special insight. I do think it's going to be interesting to see how mailing out ballots to every registered voter affects judicial races. It seems like it may upend judicial races in two ways: (a) higher participation; and (b) many voters will likely sit at a computer at home and Google each candidate as they fill out the ballot. As to (b), it seems like this could have a very significant impact on several judicial races. There are at least a handful of candidates who will be harmed by voters filling out their ballots while making Google searches. Voters who may have otherwise abstained or relied on endorsements, may now feel comfortable making an informed pick. Could be interesting.
I admire your optimism that voters will sit down on their computer and research each and every judicial candidate.
10:52 here. I was surprised by the number of non-lawyers I know that did just that in the primary. Now, those people may not be representative. But there are candidates that will be harmed if even 10 or 15 percent of voters do this.
Exactly Zero percent of the electorate will google anything related to judges. The most diligent will ask their friend/neighbor lawyer advice.
Voter here, not in the legal field. I have indeed been researching each judicial candidate and found things I didn't like about some people which influenced my votes.
Pleasant puff piece for Vohwinkel. I would add this important note: business bankruptcy is honorable and should be seriously considered by most business men and women now and going into 2021.
Whether it's an individual Chapter 7 to wipe out business debt completely, or a hoity toity Chapter 11, or a really amazingly fair and beautiful modified Chapter 11 subchapter V (SBRA), business bankruptcy is an honorable option for navigating the treacherous waters of a post-Covid business environment.
Could this particular honorable practice please remember to communicate adequately when bailing on a case? My Agency recently had to sort out a mess and redirect thousands of dollars of garnished commercial income when a BK attorney silently withdrew from a case and failed to inform us a party had filed with the bankruptcy court. Doesn't happen often, but please don't let a story like this be about your firm.