Monthly Archives: November 2020
26/11/20 Judge denies Dan Rodimer’s petition to seek a new election in Congressional District 3
Judge Trevor Atkin today denied Petitioner Dan Rodimer’s Petition for Writ of Mandamus and Complaint for Declaratory and Injunctive Relief; and dismissed the case related to the recent election in congressional district 3.
The order states: “Even if the Court had subject matter jurisdiction, Petitioner’s Petition fails as a matter of law. Here, NRS 293.465, relied upon by Petitioner, is inapplicable in the given that it deals with prevention of elections. However, no ballots were “lost or destroyed” within the meaning of NRS 293.465 in the general election. The instant matter is distinguishable from LaPorta because the general election was not prevented as the ballots were available and counted. Further, the general election
was not prevented by the absence of ballots. Therefore, NRS 293.465 is
inapplicable to the instant matter and unavailable as a means to seek the sought after relief.”
The Order continues: “This Court also considered Petitioner’s argument in his opposition to the Nevada State Democratic Party’s Motion
to Dismiss that “the ballots in question did not simply contain the names of candidates for United States Senator or Representative in Congress; rather, the ballots contained the names of all the candidates in all other race.” However the Court found this assertion unpersuasive given Petitioner, a candidate for U.S. Congress is seeking the relief sought and such relief is expressly impermissible under NRS 293.407(1).”
Tags: Congresswoman Susie Lee, Dan Rodimer, election lawsuits 2020, NV election lawsuits, Trevor Atkin
24/11/20 District Court Administrative Order 20-24 requires parties to appear remotely, suspends in-person court business including trials, and implements other COVID-19 safety measures
District Court Administrative Order 20-24, effective November 24, 2020, continues the District Court’s response to the COVID-19 pandemic and allows the business of the Court to go forward safely. Administrative Order 20-17 remains in effect, except as modified by this Administrative Order. This Administrative Order supersedes Administrative Orders 20-22 and 20-23, so that the operative orders for the District Court related to the pandemic are currently Administrative Order 20-17 and this Order, 20-24.
The court’s COVID-19 protocols can be found in AO 20-24 and AO 20-17. Highlights of the safety measures in AO-24 include:
1. All appearances through Jan. 11 must be by alternative means unless the assigned judge determines there is some extraordinary circumstances that require a personal appearance.
2. Jury trials are suspended until Jan. 11.
3. The Clerk’s Office will remain closed to in-person filing until Jan. 11.
4. An order that requires masks at all times in court facilities will remain in effect.
5. No in-person meetings are to be conducted.
6. Family Mediation Center will be handling mediations remotely and rescheduling child interviews and child/parent observations until after Jan. 11.
7. Donna’s House will remain open by appointment only, but will need to operate at 25 percent capacity or less.
8. Self-help centers are closed to in-person assistance. The Civil Legal Aid Self-Help Center can be reached at 702-671-3976 or flshcinfo@lacsn.org on Mondays through Thursdays, from 7:30 a.m. to 5:30 p.m. For assistance from the Family Law Self-Help Center call 702-455-1500 or visit slshcinfo@lacswww.FamilyLawSelfHelpCenter.orgn.org on Monday through Friday, from 8 a.m. to 4 p.m.
9. Hearings on Jan. 4 and Jan 5 should be moved, except initial arraignment court, TPO, and dependency and delinquency matters to conduct move operations.
Appearances by Alternative Means Required
Effective November 25, 2020 through January 11, 2021, due to restrictions on entrants to the Court facilities and to reduce the potential for the spread of infection, appearances by alternative means are required by all lawyers and litigants, with the exception of in-custody defendants appearing in the Lower Level Arraignment Courtroom. This includes all case types. No in-person appearances shall be made by lawyers or litigants unless the assigned District Court Judge or Hearing Master determines that there is an extraordinary circumstance requiring a personal appearance.
Video appearance is strongly preferred over other methods of appearance by alternative means, and required in criminal, dependency, and delinquency cases unless prevented by technological issues. Lawyers representing indigent clients are urged to provide assistance to clients who do not have the independent ability to appear by alternative means.
Attorneys, parties, and witnesses are reminded that alternative means still constitutes a court appearance and attire should remain professional and court appropriate. Also, for the safety of the community and for the quality of the audio recording, no appearances by alternative means should be made while driving.
Mandatory Face Coverings Required at All Times
In keeping with the Governor’s announcement and the policy of Clark County, all District Court judges and employees are required to wear face coverings at all times while in the workplace except while eating or drinking during breaks. This includes all areas of court facilities, including parking lots. Face coverings must cover the nose and mouth at all times. Face coverings must comply with CDC guidelines and coverings with vents or made out of mesh are not permitted. Face shields may be worn with a mask as added protection, but may not be worn alone.
This Administrative Order modifies the mandatory face covering provisions found in AO 20-17. Administrative Order 20-17 previously allowed district court employees to not wear a face covering if they worked alone in an unshared workspace.
The provisions of Administrative Order 20-17 requiring all attorneys, vendors and employees of any organization or entity who work in a Court facility to wear face coverings at all times while in any common areas of the facility remain in effect. Common areas include, but are not limited to, security screening, lobby areas, public elevators, employee elevators, shared back hallways, public restrooms, and courtrooms.
In-Person Meetings Suspended Until January 11, 2021
Until January 11, 2021, outside of individual departments, no in-person gatherings or meetings may be held to discuss court business. Meetings include, but are not limited to: judges meetings; executive committee meetings; bench-bar meetings; any meetings with community partners; specialty court staffing; specialty court graduations; administrative department meetings; continuing education meetings; and meetings of any judges and/or hearing masters within a particular case assignment. Meetings should go forward, but must be conducted by telephone, teleconference, videoconference, or other alternative means.
Clerk’s Office Remains Closed to In-Person Filing
For the safety of the clerks and to minimize building traffic, the District Court Clerk’s Offices at both the Regional Justice Center and the Family Court remain closed for in-person filings until further notice.
Filings must be completed electronically. For self-represented litigants who do not have the ability to electronically file documents, documents may be mailed as follows:
District Court Civil/Criminal Division Attn: Clerk’s Office Regional Justice Center, 200 Lewis Ave. Las Vegas, NV 89155
District Court Family Division Attn: Clerk’s Office, Family Court 601 N. Pecos Rd. Las Vegas, NV 89155
The Clerk’s Office shall maintain a safety protocol for clerks tasked with opening mail and handling paper documents. Other than mail, no paper documents will be accepted by the Court. Call (702) 455-4472 with questions regarding filing.
Depositions
No in-person depositions shall proceed prior to January 11, 2021 unless the parties and witness agree for the deposition to go forward in-person or by order of the court obtained after filing a motion demonstrating an extraordinary circumstance warranting the need for an in-person deposition.
Hearings and Bench Trials
Hearings of all sorts, including evidentiary hearings, in all case types should proceed through use of alternative means.
Bench trials in all case types should go forward as outlined in AO 20-17 as long as the trial may be accomplished by the use of alternative means. Appearances by witnesses, parties, and lawyers must be by alternative means unless the District Court Judge finds that (1) a personal appearance by an individual is necessary to conduct the proceeding and (2) extraordinary circumstances require the proceeding to go forward at this time.
Formatting of Electronic Signature Block for Proposed Orders
Proposed orders sent to a department’s inbox as outlined in AO 20-17 need only include a blank line for the judge’s signature, e.g. _____________________. Orders do not need a date, judge’s name, or judge’s title. Sufficient space should be allowed above and below the signature line for the judge’s signature and the electronic stamp including date, title, and name of the judge.
Jury Trials Suspended Until January 11, 2021
By way of AO 20-23, jury trials currently scheduled to begin prior to November 30, 2020, were continued. All District Court jury trials, including short jury trials, remain continued through January 11, 2021.
Once trials resume, the District Court’s COVID-19 Jury Trial Plan for safely resuming trials will remain in effect.
January 4 and 5, 2021 Matters Continued
The District Court is facing a massive case reassignment to accommodate twenty-two new judges beginning on January 4. As a result, no hearings will be scheduled for January 4 or January 5, 2021 other than criminal arraignment court, TPO, child dependency or delinquency, or matters deemed to be an emergency by the assigned judge. Any hearings currently set on those days must be rescheduled.
CIVIL MATTERS
Subpoenas
Attorneys no longer must obtain advance approval from the discovery commissioner to issue subpoenas under NRCP 45. The subpoena provision found in AO 20-17 is rescinded. Attorneys are reminded to notice and provide a copy of the subpoena to other parties before service under NRCP 45(a)(4)(A). The District Court expects attorneys to cooperate when there are difficulties in obtaining documents due to issues arising from COVID-19.
CRIMINAL MATTERS
Grand Jury Proceeding Suspended Until January 11, 2021
The three currently existing grand juries will remain and are not excused. To complete presentments in process, the grand juries will meet the week of November 30, 2020. Grand jury proceedings are suspended from December 7, 2020 until January 11, 2021.
DOMESTIC MATTERS
Family Mediation Center
The Family Mediation Center will discontinue in-person mediations and provide mediation services via telephone or other alternative means until January 11, 2020. All child interviews and parent-child observations will be continued until after January 11, 2020.
Donna’s House
Donna’s House may continue providing supervised visitation, supervised custody exchanges and other in-person services by appointment only. Donna’s House must continue to follow protocols in place to ensure the health and safety of staff and patrons, including ensuring occupancy does not exceed twenty-five percent of capacity.
Court Appointed Special Advocate Program
Through January 11, 2021, CASA must hold all trainings, orientations, and other meetings by telephone or through alternative means.
COURT FACILITIES
Regional Justice Center
The District Court maintains responsibility for security in the RJC. In that regard, the District Court has serious concerns about the health and safety of people entering the building, particularly in regard to the number of people entering the building during morning hours. Our co-tenants are strongly encouraged to consider alternatives to reduce the number of people entering the building including allowing/requiring appearances by alternative means, expanding court times/days, continuing non-essential cases, having employees work from home where possible, or any other means that may reduce building numbers. The District Court remains willing to assist however possible in these efforts.
Self-Help Centers
The Family Law Self-Help Center located at Family Court and the Civil Law Self-Help Center located at the Regional Justice Center will stop providing in-person services to the public. All services will be provided via telephone, email, and other alternative means.
The Civil Law Self Help Center can be reached via e-mail at clshcinfo@lascn.org and via telephone at (702) 671-3976.
The Family Law Self-Help Center can be reached via e-mail at flshcinfo@lacsn.org and via telephone at (702) 455-1500 or (702) 386-1070.
FINAL PROVISIONS
Except where otherwise noted, this order will be reviewed every 30 days and remain in effect until modified or rescinded by a subsequent order.
View Administrative Order 20-24
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23/11/20 Daniel Rodimer election case reassigned
The Daniel Rodimer vs. Joseph Gloria Election Related – Petition for Writ of Mandamus and Complaint for Declaratory and Injunctive Relief has been reassigned. A hearing is scheduled for Tuesday, Nov. 24 at 1:30 p.m. before Judge Trevor Atkin.
Tags: Dan Rodimer, EJDC, election lawsuits 2020
18/11/20 Ross Miller files lawsuit for injunction preventing special election
Clark County Commission candidate Ross Miller filed a lawsuit in the Nevada Eighth Judicial District court seeking an injunction to prevent a special election for the commission district C seat.
Tags: Clark County Commission election lawsuit 2020, Clark County Commission lawsuit, election lawsuits 2020, Las Vegas election lawsuits, Nevada election lawsuits, Ross Miller lawsuit
18/11/20 Sharron Angle v. State of Nevada lawsuit filed to stop election certification
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17/11/20 District Court is accepting employment applications for two hearing master positions
The Nevada Eighth Judicial District Court is accepting employment applications for a specialty court and discovery hearing master. The application closing date is December 1, 2020 at 5:01 p.m.
Interested applicants should review the full application postings to apply for the discovery hearing master or the specialty court hearing master:
The discovery hearing master will be primarily responsible for managing the court’s discovery matters but may be assigned other collateral duties, including but not limited to, Alternative Dispute Resolutions, Short Trial Programs, arbitrations, and mediations, in civil/criminal and family court under the direction and supervision of the chief judge.
The specialty court position will be responsible for hearing matters and rendering legal opinions and decisions in case law in the areas of specialty courts, including: mental health court, felony DUI court, veterans court, drug court, and civil commitment court. This position may also assist in other case types.
Applicants must be a member of the State Bar of Nevada who is in good standing and has been so for a minimum of five continuous years. Candidates are required to submit a resume (and preferably a cover letter).
Resumes must be received by District Court Human Resources prior to 5:01 p.m. on the posted closing date. Resumes must be submitted to the attention of EJDC Human Resources Manager Edward May via fax at (702) 671-4560, or email at EJDC Recruitment@clarkcountycourts.us, or mailed to the Regional Justice Center—District Court Administration, 200 Lewis Avenue, Las Vegas, Nevada, 89155-1791. Candidate’s name must be clearly written on the resume.
Employment is contingent upon successful completion of a background investigation. Subsequent employment background investigations may also be conducted.
Tags: Clark county courts employment, discovery hearing master employment, Employment for lawyers in Las Vegas, Hearing Master employment, Hearing Master Job Opportunity, Las Vegas Legal Community, LAs Vegas legal employment, specialty court hearing master employment
13/11/20 New District Court Administrative Order continues court COVID-19 safety response
On November 11, 2020, Governor Sisolak announced an alarming increase in new COVID-19 cases in Nevada. The Governor requested all individuals to stay in as much as possible, and to wear face coverings at all times.
Today, District Court Chief Judge Linda Bell issued Administrative Order 20-23 that continues the District Court’s response to the COVID-19 pandemic and allows the business of the Court to go forward safely. As a result of the Governor’s announcement, Clark County now requires employees to wear face coverings at all times while at work, even when the employee is in a personal workspace or office.
Mandatory Face Coverings Are Required at All Times
In keeping with the Governor’s announcement and the policy of Clark County, all District Court judges and employees are required to wear face coverings at all times while in the workplace except while eating or drinking during breaks. This includes all areas of court facilities, including parking lots. Face coverings must cover the nose and mouth at all times. Face coverings with vents or made out of mesh are not permitted. Face shields may be worn with a mask as added protection, but may not be worn alone.
This Administrative Order modifies the mandatory face covering provisions found in AO 20-17. Administrative Order 20-17 previously allowed district court employees to not wear a face covering if they worked alone in an unshared workspace.
The provisions of Administrative Order 20-17 requiring all attorneys, vendors and employees of any organization or entity who work in a Court facility to wear face coverings at all times while in any common areas of the facility remain in effect. Common areas include, but are not limited to, security screening, lobby areas, public elevators, employee elevators, shared back hallways, public restrooms, and courtrooms.
Rescheduling Jury Trials
All jury trials currently scheduled to begin prior to November 30, 2020, will be continued. Jury trials currently in progress should continue to the conclusion of the trial.
Clerk’s Office Is Closed to In-Person Filing
Effective immediately, for the safety of the clerks and to minimize building traffic, the District Court Clerk’s Offices at both the Regional Justice Center and the Family Court will be closed for in-person filings until November 30, 2020. Filings must be completed electronically. For litigants who do not have the ability to electronically file documents, documents may be mailed as follows:
District Court Civil/Criminal Division
Attn: Clerk’s Office
Regional Justice Center
200 Lewis Ave.
Las Vegas, NV 89155
District Court Family Division
Attn: Clerk’s Office
Family Court
601 N. Pecos Rd.
Las Vegas, NV 89155
This Administrative Order temporarily modifies the relevant provisions found in AO 20-22, where the District Court re-opened the Clerk’s Office in a limited capacity.
Meetings
Effective immediately and until November 30, 2020, there shall be no in-person gatherings of meetings outside of individual judicial departments to discuss Court business.
Final Provisions
Except where otherwise noted, this order will be reviewed every 30 days and remain in effect until modified or rescinded by a subsequent order.
Read the full order here:
Tags: Administrative Order 20-23, Court Coronavirus response, EJDC Administrative Order 20-23, Judge Linda Bell, Nevada Coronavirus court orders, Nevada Courts Coronavirus, Nevada courts response to Coronavirus, Nevada Eighth Judicial District Court, Nevada Eighth Judicial District Court Chief Judge Linda Bell issued Administrative Order 20-09 to manage civil matters During the COVID-19 pandemic
03/11/20 Trump Campaign and Nevada Republican Party file election lawsuit related to poll hours
A lawsuit has been filed in the Nevada Eighth Judicial District Court by the Trump campaign and the Nevada Republican Party regarding hours at some polling locations.
The suit request that the Court:
- Grant preliminary and permanent injunctive relief directing the Defendant to keep
the Affected Location open until 8:00 p.m.; - Mandate the Registrar to keep the Affected Locations open until 8:00 p.m.;
- Alternatively, issue a writ of prohibition to stop the polls from closing at the
Affected Locations until 8:00 p.m. to assure every voter in every precinct has a full 12 hours to
cast their vote; and - Grant such other and further relief as the Court may deem just and proper.
Dated this 3rd day of November, 2020.
To view
DONALD J. TRUMP FOR PRESIDENT, INC.;
the NEVADA REPUBLICAN PARTY,
Plaintiff/Petitioners,
vs.
JOSEPH P. GLORIA, in his official capacity as
Registrar of Voters for Clark County, Nevada,
Defendant/Respondent.
Tags: 2020 election, Donald Trump election lawsuit, Donald Trump Election lawsuit in Nevada, Donald Trump lawsuit, Donald Trump Nevada lawsuit, Election lawsuits, Republican 2020 election lawsuits, Republican election lawsuits, Trump 2020 lawsuits
03/11/20 Those facing eviction in Las Vegas can respond online instead of in line at the courthouse
Las Vegas residents facing eviction can respond online using Guide and File forms via a computer or cell phone. Users are guided through a series of questions and their responses automatically fill the required legal documents and eliminate the need to print or scan documents. Users are also prompted to answer questions to determine whether they qualify for filing fees to be waived.
Those facing eviction can find the guided interview response at https://nevada.tylerhost.net/SRL/srl/ or by scanning the QR code below:
Those responding to an eviction notice in the Las Vegas jurisdiction should select the “Summary Eviction: Tenant’s Answer (Clark County)” option. A video is available on the website that explains the process. Additional assistance in using the online interview is offered by the Civil Law Self Help Center at (702) 671-3976 or https://www.civillawselfhelpcenter.org/.
The clerk’s office at the courthouse will still accept paper filings from tenants. Those who have access to a cell phone or computer are encouraged to use the online guided interview to avoid wait time and crowds. Face masks and social distancing are required for visitors to the courthouse.
The Guide and File response forms are available for those with eviction notices in Las Vegas Justice Court. Those facing evictions in North Las Vegas or Henderson are subject to the procedures of those courts.
The eviction response is just one of 29 Guide and File menus available on the site. A form is also available for judicial review of unemployment claims.
In the past few years, Guide and File forms have been introduced by the Eighth Judicial District Court to help self-represented litigants complete filing paperwork properly. The guided interviews ensure that litigants create clear and legible filings that meet all requirements. The forms are also helping to meet the need to cut traffic to the courthouse amid the coronavirus pandemic. Priorities for form development are developed based on use.
Tags: Eviction form las vegas, Eviction help Las Vegas, Free legal help for eviction in Las Vegas, free legal help Las Vegas, Guide and file eviction form, Guide and file forms, Las Vegas eviction form, Las Vegas Eviction hellp, Las Vegas Eviction Help, Legal Aid Self Help Center, Stop eviction Las Vegas