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“Info about the Eighth Judicial District Court.”

Monthly Archives: May 2015

29/05/15 Timothy Kuhls honored by judges as May pro bono attorney


Timothy Kuhls is a relative newcomer who landed in Las Vegas in 2014 after a stint in New Jersey. Newly hired by Springel & Fink and waiting to pass the Nevada Bar, he used his spare time wisely by doing pro bono work at the urging of the man who just gave him a job, Lenny Fink a partner at Springel & Fink.

After thorough training, Tim took a pro bono case representing three siblings revolving through foster care due to their parents’ issues with substance abuse. He is currently representing the children on a fourth abuse/neglect petition filed against their natural parents and their termination of parental rights case. His nomination for the Pro Bono Award noted that a CAP attorney observed Tim during a TPR trial commented that he was doing an “amazing job” as the children’s counsel to ensure their permanency wishes were heard by the court and their legal interests were protected. That’s what earned him the honor of May pro bono attorney, for which he was given an award at the Civil Judges meeting by Presiding Civil Judge Elizabeth Gonzalez and a photo op with the judges.

Fulfilment, experience, respect, recognition and a great feeling are some of the benefits of doing pro bono work for those in need. Many of those in need are children. Information on volunteer opportunities is available at 702-386-1422 or visit http://www.lacsnprobono.org

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29/05/15 Liberty Bell Awards given to honor work that helps low income individuals get their day in court

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Sweltering heat and a searing sun beating down on a replica Liberty Bell in downtown Las Vegas, didn’t stop justice luminaries in the community from coming out to honor Presiding Civil Division District Court Judge Elizabeth Gonzalez and Justice Court Administrator LaDeana Gamble in recognition of their work to establish the Civil Law Self-Help Center. The center offer free forms and information on navigating the courts to those who represent themselves in civil matters.

Senior U.S. District Court Judge Lloyd D. George, who is a strong proponent of the rule of law, gave a historical perspective of the importance of the Liberty Bell.

Mayor Carolyn Goodman offered insight on Liberty Plaza before giving her take on the importance of upholding the rule of law. The Las Vegas mayor made a surprise announcement that the city will revamp a committee to re-start work on phase II of the justice walk, and called for volunteers to join the June 18 first meeting.

Barbara Buckley from the Legal Aid Center of Southern Nevada presented the Liberty Bell awards and offered reasons why the Civil Self-Help Center has leveled-out the playing field for those who cannot afford legal counsel in civil cases.

The Liberty Bell Award recognizes individuals in the community who uphold the rule of law, contribute to good government within the community, stimulate a sense of civic responsibility, and encourage respect for the law in the courts.

The non-profit Legal Aid Center operates the Self-Help Center at the Regional Justice Center in cooperation with the Eighth Judicial District Court. Since Dec. 2009, more than 200,000 people have used the Self-Help Center to help them prepare for court. A new website was also recently launched, that offers how-to tips, forms and info on going solo in court at http://www.civillawselfhelpcenter.org.

The Annual Liberty Bell Award, a partnership between the Clark County Law Foundation’s Let Freedom Ring Committee and the City of Las Vegas, has been recognizing and honoring outstanding citizens since 1983. The Clark County Law Foundation is dedicated to providing community service programs throughout Southern Nevada that are integrated with law-related education.

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28/05/15 District Court invites applications for Family Division Court Hearing Master

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The District Court is currently accepting applications for a Family Division Court Hearing Master. Resumes must be submitted to the attention of EJDC Human Resourcesmanager Edward May via FAX at (702) 671-4560, or emailed at MayE@clarkcountycourts.us, or mailed/hand-delivered to the Regioanl Justice Center-District Court Administration, 200 Lewis Ave., Las Vegas, NV 89155-1791 by 5 p.m. on June 12, 2015. Visit the court website news section for more information http://www.clarkcountycourts.us.

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26/05/15 Judge Elizabeth Gonzalez To Be Honored With Liberty Bell Award For Making Civil Law Self-Help Center A Reality

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Going to civil court without attorney representation can be a daunting prospect. Those who cannot afford a lawyer often face this challenge without knowing anything about the law or court processes. The result is confused people showing up to court unprepared. The lack of preparation causes delays and frustration. The Civil Self-Help Center helps those who represent themselves in court navigate the system and provides free forms.

Presiding Civil Division District Court Judge Elizabeth Gonzalez is being honored with the Clark County Law Foundation Liberty Bell Award, for her work to establish the Civil Self-Help Center. The award ceremony will take place on Thursday, May 28 at 3 p.m., at the Las Vegas replica of the Liberty Bell (located at the corner of Fourth St. and Lewis Ave.) at Centennial Plaza. The Liberty Bell Award recognizes individuals in the community who uphold the rule of law, contribute to good government within the community, stimulate a sense of civic responsibility, and encourage respect for the law in the courts.

The non-profit Legal Aid Center operates the Self-Help Center at the Regional Justice Center in cooperation with the Eighth Judicial District Court. Since Dec. 2009, more than 200,000 people have used the Self-Help Center to help them prepare for court. A new website was also recently launched, that offers how-to tips, forms and info on going solo in court at http://www.civillawselfhelpcenter.org. 

“I am honored to be a recipient of the Liberty Bell Award, for playing a role in the Civil Law Self-Help Center. The Self-Help Center gives those who represent themselves in civil court cases a place to go to get needed forms and other resources. The services provided by the Self-Help Center, save a lot of time and frustration, and improve the court process,” said Judge Gonzalez.

Judge Gonzalez is the 2014-2015 president of the American College of Business Court Judges. She also serves as a Master Emeritus of the Nevada American Inn of Court; an organization that works to enhance the practical skills and ethical responsibility of Nevada’s lawyers. She is committed to the provision of legal services to all members of the community.

“The Civil Law Self-Help Center has been a big success, and Judge Gonzalez played a big role in that success. We on the District Court bench, appreciate how the Self-Help Center benefits the community and the court, and we are proud that Judge Gonzalez is receiving this well-deserved recognition,” said District Court Chief Judge David Barker.

The Annual Liberty Bell Award, a partnership between the Clark County Law Foundation’s Let Freedom Ring Committee and the City of Las Vegas, has been recognizing and honoring outstanding citizens since 1983. The Clark County Law Foundation is dedicated to providing community service programs throughout Southern Nevada that are integrated with law-related education.

Civil Law Self-Help Center website http://www.civillawselfhelpcenter.org

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22/05/15 Sands China Motion to Dismiss Steven Jacobs case for Lack of Personal Jurisdiction Denied

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In a 39-page Decision and Order, Judge Elizabth Gonzalez denied the Sands China Ltd.’s Motion to Dismiss the Steven Jacobs vs Las Vegas Sands Corp. case for Lack of Personal Jurisdiction.
http://www.clarkcountycourts.us/High-profile-cases.html

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21/05/15 Longest-Serving District Court Judge To Pave Way For Implementation Of National Best-Practices For Guardianship Cases

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The Eighth Judicial District Court Issued an Administrative Order today, to transfer the adult guardianship caseload to the longest-serving District Court Judge Dianne Steel, in department G of the Family Division. The Order coincides with a Petition issued today, by Nevada Supreme Court Chief Justice James Hardesty, with the concurrence of Eighth District Chief Judge David Barker and Second District Chief Judge David Hardy, to consider the establishment of a commission to study the creation and administration of guardianships in Nevada courts. The proposed Guardianship Commission will examine policies and procedures currently used and provide recommendations, based on national best-practices, on how they can be improved.

“I am committed to the court’s goal to protect those impacted by intellectual disabilities and diseases associated with aging.“ said Judge Steel. “Through experience, I know how difficult these cases are for families, and I will work hard to ensure that the court is handling these cases in a manner in accordance with the laws established to protect families dealing with guardianship.”

Judge Steel’s career history includes more than 18 years on the bench, handling a variety of case types including guardianship. She has notable service on numerous committees and professional organizations and a long list of professional accomplishments including: a Juvenile Dependency Model Court , work on the One Family – One Judge initiative, the Donna’s House Visitation Exchange Program, the Judicial Studies Program, the Family Self-Help Center Project, the Coroner Visitation Program, the Youth Eagle Leadership Project, the Adults in Juvenile Delinquency Court handbook, the restructure of NRS Chapter 62 on Juvenile Delinquency and the promotion of the Jury Services-CASA Recruitment Program.

“Judge Steel’s depth of experience and knowledge of the guardianship process will be a tremendous asset as we build citizen trust and confidence in the guardianship process.” said Judge Barker. “We are moving quickly, in coordination with the Nevada Supreme Court, to take strategic action within fiscal realities, to get guardianship cases in line with national best-practices.”

The court examined the assignment of the guardianship caseload using a hearing master/judge model and communicated with state and nationally respected judicial experts and determined that such cases should be assigned to a single District Court judge. Department G’s existing caseload will be reassigned to and equitably distributed among all the remaining judicial departments that are assigned civil domestic cases in the Family Division. The transfers and assignments will take effect on June 1, 2015.

The Eighth Judicial District Court is taking action to implement best practices for guardianship cases as established by the National Association for Court Management. A guardianship hotline is available to take concerns and questions at 702-671-4614 and an email link is also available at guardianshipcompliance@clarkcountycourts.us for those who have concerns.

To view Administrative Order 15-06 visit http://www.clarkcountycourts.us/rules.html

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14/05/15 Wolf convinces jury that the little pig is really the bad one

DSC_0269B.B. Wolf took the stand and told a harrowing tale of a boiling pot at the bottom of chimney; a trap set by the Little Pig for Wolf who was just trying to help a friend out. That story set the stage for the Las Vegas Day School third grade mock trial B.B. Wolf v Three Little Pigs in the courtroom of real District Court Judge Jennifer Togliatti. The kids got a real feel of how justice works by serving as plaintiff, defendant, attorneys, judge, jurors, witnesses, marshal and even media.

After hearing the evidence from both sides, the jurors deliberated and found the little pig guilty of attempted murder. Not only did they learn how the justice system works, they learned if you have to go to court, be sure to get a good lawyer.

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13/05/15 District Court takes action to implement national best practices for guardianship cases – Hotline and email link established to communicate issues

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The Eighth Judicial District Court is taking action to implement best practices for guardianship cases as established by the National Association for Court Management. District Court Chief Judge David Barker recently attended an open hearing regarding guardianship at the Clark County Commission. As the chief judge, he is entrusted with the responsibility to handle matters of concern with the court. “Our fundamental responsibility to is to promote citizens trust and confidence in the guardianship process.” said Judge Barker. “I told the County Commission that I wanted to listen and I did. I continue to listen and I have also taken immediate action including establishing a guardianship hotline at 702-671-4614 and an email link guardianshipcompliance@clarkcountycourts.us for those who have concerns. “ Judge Barker sat in on guardianship cases to get a firsthand look as court officers worked. “Sitting in on guardianship cases provided valuable insight,” said Judge Barker. “As part of the fact-finding, I also spoke with those who handle these cases.”

Other action has been taken including:
• Contacting the Second Judicial District Court Chief Judge David Hardy and Nevada Supreme Court Chief Justice James Hardesty to form a high-level Guardianship Commission to review the issues and concerns expressed by the Clark County Commission.
• Contacting nationally recognized experts in guardianship for their expertise, insight and possible involvement with the commission.
• Review of significant correspondence regarding guardianship.
• Meeting with law enforcement and others in the executive branch with an eye toward cooperation that would be consistent with the judicial canons and responsive to community concerns.
• Requesting a guardianship compliance administrator and an investigator as steps to a wider strategy to address a number of important areas including:Formalizing a process for bringing complaints or concerns to the attention of the court. Implementation of a guardianship monitoring program. Promoting court/community collaboration. Developing and institutionalizing training programs for guardians and volunteers who are not professionals. Developing improved standardized procedures, forms and informational resources. Tracking and documenting the number of cases to determine and secure optimum staffing and resources.

The Guardianship Commission will examine policies and procedures currently used and provide recommendations, based on national best practices, on how they can be improved. The court appreciates the County Commission commitment to addressing this important concern and looks forward to their essential support to make the Guardianship Commission recommendations into reality. Adding a guardianship compliance administrator who is experienced in this case type will be a significant step to handling these challenges.

There are volunteer legal organizations in the community that work to assist with guardianship matters. “I ask that you support the community volunteers who are struggling but want to help,” said Judge Barker. “With calm deliberation we will allay the concerns and answer the questions asked regarding guardianship. Protecting those impacted by intellectual disabilities and diseases associated with aging is essential to the well-being of our families and community in Clark County. In cooperation with this commission, the judicial branch is actively addressing the guardianship issues raised and will pursue the best avenues and resources to develop solutions and improve the handling of guardianship cases.”

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12/05/15 District Court Family Division issues Admin Order to protect the privacy of children in dependency cases

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The Family Division of District Court recently issued an Administrative Order to protect the privacy and safety of children and adults involved involved in juvenile dependency cases.

Click to access Administrative%20Order%2015-05.pdf

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11/05/15 Civil Bench Bar meetings proven to be time well spent for those in civil practice – Next meeting tomorrow May 12 at noon

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Hot topics were covered at the April Civil Bench Bar meeting including: rules against perpetuities. As a result of the Nevada Supreme Court decision on Bullion Monarch Mining, Inc. v. Barrick Goldstrike Mines, Inc., 131 Nev.Ad.Op. 13 (March 26, 2015)(7-0): Nevada’s common-law Rule Against Perpetuities (RAP) does not extend to area-of-interest royalties created by commercial mining agreements.

A recommendation was made to put on the record any discussion that occurs on breaks during depositions. That reminder comes in the wake of discussion of Nevada Supreme Court decision on Coyote Springs Investment, LLC v. District Court, 131 Nev.Ad.Op. 18 (April 2, 2015)(3-0): Petition for Writ challenged district court order requiring plaintiff’s witness to disclose substance of communications that took place between witness and plaintiff’s counsel during break in deposition. Question came up regarding whether private communication between lawyer and witness is entitled to protection from discovery under attorney-client privilege. It was noted that attorneys may confer with witnesses during requested recesses only to determine whether to assert a privilege. For attorney-client privilege to apply, counsel must state on deposition record (1) the fact a conference took place, (2) substance of conference and (3) result of conference. Plaintiff’s counsel failed to make a sufficient, contemporaneous record of privileged communication and petition denied.

Another point of interest came up regarding Nevada Supreme Court decision on Cadle Company v. Woods Erickson, 131 Nev.Ad.Op. 15 (March 26, 2015)(7-0): Nevada, like the majority of jurisdictions, does not recognize accessory liability for fraudulent transfers. District Court’s judgment in favor of the law firm affirmed. However, District Court abused discretion in awarding costs as there was insufficient evidence showing each cost was reasonable, necessary and actually incurred. The takeaway was that thorough documentation of expenses must be provided to recover costs incurred.

Also discussed: Hohenstein v. NV ESD, 131 Nev.Ad.Op 17 (April 2, 2015)(3-0): A guilty plea made per NRS 453.3363 may not be used as the basis for denying unemployment benefits. NRS 453.3363 affords certain first-time drug offenders the opportunity to avoid criminal conviction if the offender pleads guilty and then successfully completes a probationary period. Upon successfully completing probation, the offender is discharged and charges are dismissed.

Other topics of interest that came up were the potential for rules changes on the short trial program and legislative changes on small claims and Justice Court limits.

The next Civil Bench Bar meeting is May 12 at noon in courtroom 15D. The meetings are a great way to learn about rules and procedure changes, trends and other happenings at the court. They are also a way to improve civil practice by getting a judicial perspective while enjoying a complimentary lunch.

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