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eighthjdcourt

Info about the Eighth Judicial District Court.

Since a state of emergency was declared in response to the COVID-19 pandemic, District Court has taken significant measures to keep court cases moving in a safe manner. New Administrative Order 22-02 pauses jury trials that are expected to take longer than a calendar week.

With the recent surge in COVID-19 cases in Clark County, it has become challenging for the court to complete lengthy jury trials. The disruption of trials raises concerns about potential mistrials, increased cost to litigants, and unnecessary inconvenience to jurors. At the same time, the Court is aware of the importance of continuing to conduct trials when possible. Therefore, jury trials that are expected to take longer than a calendar week are paused for 30 days from the date this order is filed. Jury trials that can be completed within a calendar week should move forward under the COVID-19 Jury Trial Plan and AO 21-09.

Read the entire Administrative Order 22-02

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Since a state of emergency was declared in response to the COVID-19 pandemic, District Court has taken significant measures to keep court cases moving in a safe manner. New Administrative Order 22-02 pauses jury trials that are expected to take longer than a calendar week.

With the recent surge in COVID-19 cases in Clark County, it has become challenging for the court to complete lengthy jury trials. The disruption of trials raises concerns about potential mistrials, increased cost to litigants, and unnecessary inconvenience to jurors. At the same time, the Court is aware of the importance of continuing to conduct trials when possible. Therefore, jury trials that are expected to take longer than a calendar week are paused for 30 days from the date this order is filed. Jury trials that can be completed within a calendar week should move forward under the COVID-19 Jury Trial Plan and AO 21-09.

Read the full Administrative Order 22-02 to get all the details.

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New Administrative Order 22-01 modifies guardianship procedures and assignment of minor’s compromise proceedings.

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The Southern Desert Regional Police Academy commander Lt. Matthew Triplett told the newest academy graduating class of 2021-02, “This career is much more than a job, it’s a calling.”

Included in class 2021-02 were three newly sworn district court marshals: Brandy Minniear, Brian McLemore, and David Shive, who will be working to keep those who access the courthouse safe. The new marshals went through a lot to get to this point, including a rigorous application and background investigation and six months of training. The academy training included most of the skills needed on the job including: firearms, tough physical challenges and fight tactics. They were shot with a Taser and given a dose of pepper spray, so they would realize how that level of force feels.

Chief Judge Linda Marie Bell pinned their badges and congratulated the new grads on successfully completing the academy.

Lt. Triplett offered the new grads something to think about in his closing remarks, “Nothing will compare to the feeling of helping people in need.” He suggested, “Look for the opportunities to go above and beyond in service to your community.”

District Court is looking to recruit others who would like to serve as a marshal. Military veterans are
encouraged to apply. Those interested in applying should complete a bailiff/deputy marshal application from the county website employment section https://www.governmentjobs.com/careers/clarkcounty/jobs/2996768/bailiff-deputy-marshal pagetype=jobOpportunitiesJobs

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Despite having six months of trials after the pandemic trial halt, District Court civil trial numbers are not going down. To address the backlog, a joint Nevada Supreme Court and Eighth Judicial District Court administrative order has been issued. 

The order reiterates several EDJC rules, including that judges must set a minimum of 10 cases per trial stack and cases must be set for trial no later than six months after the discovery cutoff. Judges are required to follow and enforce the rules for continuing trials, including making a finding of good cause for a continuance. Once a trial is set calendar call, per the order, any continuance requires a written motion and a finding by the judge of extraordinary circumstances. COVID infections support a finding of good cause – the court will be sensitive to people’s health related concerns and consider giving them the option to file affidavits under seal where appropriate.

A motion to continue must be supported by an affidavit, or if there is not sufficient time, oral sworn testimony from the lawyer. Also, if a witness is unavailable, EDCR 7.30(b) has specific requirements that must be imposed. Trials may not be vacated by stipulation, and a motion to withdraw man not be granted if it would delay trial. EDCR 2.69 requires lawyers to appear at calendar call ready to go with exhibits, jury instructions, proposed void dire questions, etc. 

The order also creates a civil trial reassignment calendar. Civil judges will be setting trials that are ready to go – when they are ready to go.  Any trials the judge cannot manage because of conflicts with other trials, will be reassigned. The court will have a calendar every Thursday to address any trials that need reassignment for the next week. Peremptory challenges are not permitted by rule; however, to address concerns that have previously made civil reassignments unsuccessful, a strike list method will be used at the assignment calendar.

If a case has settled, the parties must provide a written stipulation or agree to enter the agreement in the minutes of the court. If the agreement is entered into the minutes, the judge will set a status check within 21 days to ensure the settlement documents are provided. 

It is understood that these and other strategies put forth in the order will be a significant practice change for some. Civil attorneys should thoroughly review the entire order.

Everyone’s cooperation and adherence to these essential measures will be appreciated as we work our way out of the pandemic backlog.

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Today marks a solemn occasion at Family Court, as word spreads of the passing of Myrna Williams. Nearly 30 years ago, she was a significant figure in the development of the District Court division that focuses on family law.

In Nov. 2015, a dedication ceremony was held to place a plaque at Family Court to commemorate her contributions that reads: “Myrna Torme Williams, the pioneer who spear-headed the legislation that created Family Court. An advocate for children, relentless in her commitment to help ensure a stable environment in the home. A willingness to go beyond the threshold and make families first and to encourage and support the securing of counsel for children at risk. With great respect, appreciation and admiration we dedicate this plaque to her public service on behalf of the children and families of Clark County and Nevada.”

Family, friends and Family Court judges in attendance that day, cheered as little girl wandered into the ceremony and Judge Frank Sullivan remarked, “That’s what this place is all about.”

“Commissioner Williams’ work and commitment helped to make the Family Division a reality. Myrna Williams recognized the value in having a court dedicated to family issues and presided over by judges who understand the unique challenges those families face,” said Family Division Presiding Judge Charles Hoskin. “Her vision and contributions decades ago, have benefited so many in our community during some of their most difficult times. Myrna Williams political career extends from 1985 to 2006, including 10 years in the Nevada Assembly. She served three terms as a Clark County Commissioner from 1994 to 2006.

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Click to access 2021-12-23_05_49_47_administrative%20order%2021-08.pdf

District Court Administrative Order 21-08 addresses interim procedures for Probate. AO 21-08 and all the court administrative orders can be found on the court’s website http://www.clarkcountycourts.us/general/court-rules-and-administrative-orders/#Administrative%20Orders.

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Nevada Governor Steve Sisolak announced the judicial appointment of Elham “Ellie” Roohani to the Eighth Judicial District Court, Department 11, effective immediately. The appointment fills the vacant seat previously held by District Judge Elizabeth Gonzalez who stepped down on September 7, 2021, after 17 years of service in her role. Elham Roohani was selected by Governor Sisolak from one of three recommendations provided by the Nevada Commission on Judicial Selection

“I am proud to appoint Elham Roohani to serve as District Judge on the Eighth Judicial District Court, Department 11,” said Governor Sisolak. “Her successful legal experience coupled with her integral work for our community have demonstrated her ability to lead with justice and integrity in her new role.” Ellie Roohani has an impressive legal background which includes both trial and appellate experience as an Assistant U.S. Attorney, serving as Law Clerk to the Ninth Circuit Judge Johnnie Rawlinson, Law Clerk to U.S. District Judge Roger Hunt, and teaching as an Adjunct Professor at the William S. Boyd School of Law. Elham Roohani received her Bachelor of Arts in psychology from the University of Nevada, Las Vegas in 2004 and her Juris Doctor from William S. Boyd School of Law in 2010.  

The Judicial Selection Commission is charged with vetting candidates who apply to fill a vacancy that occurs in the Supreme Court, Court of Appeals, or District Court. The commission recommends three candidates to the Governor, who appoints one of those candidates to fill the remainder of the term of office. 

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Electronic protective orders are available at https://nevada.tylerhost.net/srl.

The Eighth Judicial District Court of Nevada now offers Guide & File protective order applications that can be e-filed remotely from a computer with Internet access. The new guided forms make the protective order application process more accessible and potentially safer for those facing the danger of domestic violence. 

Guide & File protective orders are offered at no cost to users, as are all the Guide & File forms that are available through the court https://nevada.tylerhost.net/srl. The step-by-step Guide & File interviews prompt users to enter information that populates electronic forms, to produce the appropriate court documents. Guided interviews ensure that litigants are meeting the requirements, resulting in clear and legible filings.

“Guide & File serves an important tool for courts to make filing protective orders easier and safer for those living in fear of domestic violence,” said District Court Chief Judge Linda Marie Bell. “It is particularly imperative during this pandemic, that all reasonable measures are in place to ensure that those in harm’s way can access any and all tools to improve their safety easily and discreetly.”

There are currently 26 Guide & File applications available for the Eighth Judicial District Court, including the protective order guided application. Other guided forms include divorce, child custody, cremation, name change and other civil/family matters. All 26 forms can be found on the Eighth Judicial District Court of Nevada Guide & File site https://nevada.tylerhost.net/srl.

The Guide & File interview process and electronic forms were developed for pro se litigants to use on their own with simple, step-by-step instructions that adhere to court filing rules for the most commonly used civil and family forms. The Guide & File forms have reduced the volume of filing rejections for self-represented litigants. Guided interviews for increasing document assembly capacity are key to achieving the court’s mission to improve access to justice.

“Making filing a protective order easier and more accessible means that a frightened victim of domestic violence is able to submit a technically correct application from their safe space without the fear of compromising that safety by venturing away from it to find the courthouse to apply in person. Therefore, these improvements to the process increases the likelihood that those facing abuse will take this important step toward protecting themselves from their abusers,” said the Family Division Presiding Judge Rebecca Burton. “The Guide & File protective orders can be filed from almost anywhere there is Internet access.”

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The December 14 Civil Bench-Bar meeting for lawyers at noon promises to be filled with good information and a little bit of fun too. Chief Judge Linda Marie Bell will give an important update on the latest developments that will impact attorneys practicing in the Eighth.

Civil Presiding Judge Nancy Allf will also offer up some useful information that will help lawyers navigate the upcoming months.

Judge Jerry Wiese will get participants up to speed on the Med Mal Sweeps for this year.

There will also be a very special lawyers’ and judges’ wish-list roundtable discussion (think “grown-up Christmas list” for lawyers). Input can be given on a variety of topics including:

What would make practice easier in 2022?

What do you wish for colleagues in the holiday season & New Year?

Please submit your suggestions to EJDCBenchBar@gmail.com for discussion questions!

Appellate case summaries will also be provided as written summaries.

The meeting will wrap up with an announcement of the Ugly Holiday Sweater Photo Contest winners. Contestants do not have to be wearing ugly sweater at the time of the Bench Bar meeting. Simply snap a photo while at another holiday soiree and submit it before Dec 13 at 5:30 to EJDCBenchBar@gmail.com. The top three favorites will receive bragging rights and gift cards.

Email EJDCBenchBar@gmail.com to get the Zoom information to attend the meeting online.

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