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eighthjdcourt

Info about the Eighth Judicial District Court.

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District Court Judge Elissa Cadish issued a Minute Order today in the case brought by American Broadcasting, Inc. and other media outlets to unseal search warrant records from 1 October mass-shooter investigation.

Journal Entries: “The Court held a hearing on January 16, 2018. Since that hearing, the Court has reviewed the warrant related documents on file and under seal with the Court Clerk, the warrant related documents unsealed by the federal court, the LVMPD Preliminary Investigative Report dated January 18, 2018 which was publicly released last week, and Las Vegas Metropolitan Police Department’s In Camera Sealed Supplemental Response to Petition to Unseal Search Warrant Records, filed under seal on January 23, 2018 in accordance with this Court’s order at the January 16 hearing.  After doing so, this Court has scheduled an in camera sealed hearing with LVMPD counsel and its proposed witness(es,) regarding the basis for its assertion of the need for continued confidentiality of the sealed search warrant records, for Friday January 26, 2018 at 1:30 pm. The hearing will be recorded, but sealed, in order to protect public safety and the ongoing law enforcement investigation. After the hearing, the Court will issue a public ruling regarding the Petition herein.”

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Michael Kagan was recognized by the District Court bench as the Legal Aid Center of Southern Nevada Pro Bono Volunteer of the Month for January. Judge Joanna Kishner presented the award to Michael who serves the UNLV Immigration Clinic director.

The Legal Aid Center of Southern Nevada provided the below nomination information:

“Michael directs the Immigration Clinic at UNLV and teaches administrative law, professional responsibility, international human rights and immigration law. Before taking the position at UNLV, he worked in the Middle East for 10 years developing legal aid programs for refugees from Sudan, Iraq Somalia, Ethiopia and Eritrea. During his first year out of law school, he started a program in a loft above an Anglican Church in Cairo, Egypt where were trained educated Sudanese refugees to help other Sudanese refugees to prepare their cases for refugee protection and resettlement.

Under his direction, the Immigration Clinic trains student attorneys to represent people in complex deportation cases, innovates new ways to offer legal advice and representation to underserved people in immigration proceedings, and seeks to be a catalyst to expand legal services for the most at-risk indigent immigrants in Nevada. He also consults with the Clark County Public Defender on immigration considerations for non-citizen defendants in criminal cases.

When we asked Michael why he does pro bono work, he responded, “At the Immigration Clinic, all of our work is pro bono. I’ve been a client of free legal services at points in my life when I would have had trouble affording it. I just think access to justice is a right, no matter how much money people have.” remembers a Sudanese refugee he represented who was able to escape from Egypt.  The day before his client got on the plane, his client gave him a hug and said, “You’ve given my children a better life.” This was one of the most powerful things anyone has ever told him as a thank you.

For his commitment to representing clients with immigration issues, we honor Michael Kagan as the January Pro Bono Volunteer of the Month.”

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Settlement conferences have proven to be an effective way to resolve cases, and save time and resources for the court and involved parties. Judge Jerry Wiese has resumed the responsibility to handle settlement conferences for the District Court. “My staff and I in department 30 are excited for the opportunity to resume handling of the Overflow Settlement Conference Program,” said Judge Wiese. “I would like to convey my thanks to Judge Richard Scotti for all of his help in handling the program for the past year.”

Requests to schedule a settlement conference through the Judicial Settlement Conference Program, should be directed to Tatyana Ristic at 702-671-3633 or ristict@clarkcountycourts.us in department 30. There are immediate openings available to schedule Judicial Settlement Conferences. Those who have an upcoming trial date and want to try a Settlement Conference prior to trial, should contact department 30 in District Court.

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This time of the year, a lot of people contemplate what they can do to get the year off to a good start. Those who want to help children in need, may want to consider volunteering as a Court Appointed Special Advocate (CASA). A CASA orientation on Jan. 17 at 6 p.m. at the Government Center, 500 S. Grand Central Pkwy. will provide information on how you can have a huge impact on the life of a child.

There is a big need for CASA volunteers in Clark County to speak up for the approximately 3,200 children in the community who are receiving services under supervision of Family Court. CASA volunteers represent the children in school, family team meetings and in court. Volunteering for the program involves a two-year commitment and a willingness to spend quality time with the children to advocate for them.

There are around 350 CASA volunteers serving as a voice for children under the supervision of the Family Court CASA Program. Many more volunteers are needed to advocate for the remainder of the children in care. Last year, nearly one thousand children had a CASA volunteer to help them navigate through the system, deal with school challenges and handle home life.

The CASA program recruits, screens, trains and supports volunteers to represent the best interests of hundreds of foster children annually. In 1980, Judge John Mendoza led the creation of the Clark County CASA Program.

CASA orientations are held the third Wednesday of each month at 6 p.m. at the Government Center, 500 S. Grand Central Pkwy. More information is available about the program at 702-455-4306, visit www.casalasvegas.org or Facebook at www.facebook.com/#!/CASALasVegas.

 

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Fourteen entries made for some heated competition at the Civil Bench Bar Chili cook-off. While those in attendance networked and got a rundown of the recent Nevada Supreme Court rulings as presented by Veronica Fink, Judge Linda Bell, Judge Doug Herndon and Judge Susan Johnson were busy judging the chili.

Competitors brought their A-game demonstrating creativity through ingredients and presentation.

These are the judges’ picks:

Best overall – Justin Corne (really his wife)

Spiciest- Mark Gentile

Most colorful – Judge Kathleen Delaney

Most elusive secret ingredient- Brian Berman

Most Creative – Lauren Calvert

The next Civil Bench-Bar meeting will be Feb. 13 at noon with guest speaker Jury Commissioner Mariah Witt who will provide valuable information that every attorney will want to know about voir dire.

 

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At the December Civil Bench Bar, judicial law clerks/former law clerks shared some insider tips on how to improve court filings.

Judicial law clerks work closely with judges, provide assistance and research issues before the judge. They help judges wade through and manage the mountains of filings that come into a department and know first-hand what makes a good filing and where filings fall short. A panel of judicial law clerks including: Josephine Groh, Collin Jayne, Travis Chance and Daven Cameron compiled their Top Ten Things Judicial Law Clerks Want You to Know.

Late filings are high on the list of things law clerks advise against. The law clerks acknowledge that deadlines creep up and there is a lot going on; but, lawyers should know that judges brief in advance, sometimes as much as a week before a hearing. Filing the day before a hearing doesn’t allow adequate time to review content and generally doesn’t go over well. One former law clerk called late filings “incredibly burdensome.”

Law clerks advise that Order Shortening Time requests should be used very sparingly. There are guidelines that should be referenced. Presently, they are overused and bog down calendars.  If it is a Despositive Motion and you’re asking for an Order Shortening Time, allow enough time for both sides to brief.

Good introductions are well appreciated by law clerks. A good introduction paragraph saves judicial departments time and are likely to result in better outcomes for those filing. A good introduction paragraph should clearly state what you are asking for and the arguments and essentially serve as a road-map for what the petitioner is seeking.

Good conclusions also get high marks from law clerks. Conclusions should be solid and summarize what type of relief the petitioner seeks in a clear and concise manner.  Don’t leave it up to the judge to guess.

When it comes to courtesy copies, law clerks suggest that is wise to know what the department preferences are and follow that. Each department’s preferences can be found on the court website.

Law clerks advise to stay up on department reassignments. If a case has been reassigned, it should be reflected in your filings. Those who reference the wrong department in filings risk losing credibility.

When a judge requires something  it is best to comply rather than use the argument: you’re the only department that requires this. It’s generally safe to say, this argument doesn’t help your case. Judicial preferences are on the website http://www.clarkcountycourts.us/departments/judicial/civil-criminal-divison/

Know what a department expects for trial exhibits, before trial. Know in advance what is needed and how exhibits should be presented. When in doubt, contact the court clerk in enough time to be ready for trial. Be sure to redact all personal identifying information that should not be made public including: social security numbers, bank account numbers, etc. Tabbed exhibit are especially well liked.

Proper punctuation is a good thing. Avoid overusing explanation points, bold text and italics. These overused formats don’t make your case more persuasive and may in fact negatively impact the perception of your work. Avoid personal attacks to opposing counsel. Such attacks are viewed unfavorably.

When writing a complaint, be concise and clear. Check templates to ensure they reflect changes in the law.

Some bonus topics were also covered by the law clerks. They advised that Motions in Limine are overused and frequently used improperly. They get a lot of requests to make the other side “follow the law.” Such requests are inappropriate and considered to waste time. A judge reminded those at the bench-bar that attorneys should follow EDCR 2.47 B . The rule requires that counsel personally confer on the issues, what can be resolved and what cannot, and the reasons therefore. If the rule isn’t followed and detailed in a declaration, some judges will vacate motions in limine.

The law clerks also reminded those at the bench-bar to be cognizant when speaking to law clerks that your communication is appropriate. Law clerks work on behalf of judges. Be careful not to engage in ex parte communication when speaking to a law clerk.

A presentation from the Nevada State Bar Association updated attendees on changes with continuing Legal Education (CLE). The Nevada Bar website has a complete list of changes that attorneys can review to ensure that they are compliant with CLE requirements.

Some important dates from the Nevada State Bar Association on  continuing Legal Education (CLE):

1/15/18 CLE Board will notify attorneys that have yet to comply with the

Credit requirement for 2017 and provisionally assess a $100

Extension fee

2/15/18 Deadline to report credits (extended) and pay fees

On or about

3/1/18 CLE Board issues Notice of Noncompliance and assesses late fee

4/1/18Deadline to submit credits (late) and/or pay fees to avoid suspension

4/2/18 Non-compliant attorneys will be administratively CLE suspended

The January 9 Civil Bench Bar meeting at noon in courtroom 10D will include more valuable information for those practicing civil law and an open forum for questions and discussion. The meeting will also include chili cook-off.

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The All Clear Expo 2 law enforcement job fair will take place on January 6 from 12 p.m. to 3 p.m. at Town Square Las Vegas, 6605 Las Vegas Blvd. S. It is a great place to get in on opportunities for District Court marshal jobs. Court Human Resource professionals will be at the job fair to respond to questions and offer information on job requirements and benefits for those who serve as a court marshal.

Visit https://www.eventbrite.com/e/all-clear-law-enforcement-annual-recruiting-expo-2-las-vegas-tickets-39123015994 to get more information on the job fair.

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