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eighthjdcourt

Info about the Eighth Judicial District Court.

Tag Archives: Eighth Judicial District Court

NevadaLegislature

During the recent legislative session, a “red flag” law was passed to enable requests for an ex parte or extended order to remove guns from high risk individuals. The law, which became effective on January 1 this year, appears in Nevada Assembly Bill 291 (AB291) with some amendments in AB480. The amendments clarify when the district court has jurisdiction and eliminate a conflicting time provision.

The new law authorizes a family member,  household  member,  or  law enforcement  officer  to  file  a  verified  application  to  obtain  an  ex parte  or  extended order  against  a  person  who engages in high risk behavior.  High risk behavior has a number of definitions, including when a person uses or attempt to use violence or physical force against themselves or another person; when a person communicates a threat of imminent violence; or when a person engages in conduct that presents a danger while the person is in possession of a firearm.  When the protective order is granted, the subject of the petition is prohibited  possessing  or  having  under  his  or  her  custody  or control or by purchasing or otherwise acquiring any firearm.

The law requires the court to have 24/7 availability for law enforcement to have telephonic hearings.  For family applications and for non-telephonic law enforcement applications, hearings must be held the day the application is filed or the next judicial day.

After the order is granted, the law requires service by the appropriate law enforcement agency.  The subject of the application is required to relinquish all firearms and any concealed weapons permits immediately.   The subject of the application then has seventy-two hours to file a receipt with the court.  All orders are reported to the Nevada Criminal Repository.

The court commenced with handling the applications and will have a designated judge on duty on a weekly rotating schedule. The civil/criminal division judges will handle ex parte or extended order applications, since those involved will likely have a nexus with the criminal justice system. Since the “red flag” provision is new, the application volume has not yet been gauged. If needed, a second judge will be designated to meet application demand.

Forms to obtain an ex parte or extended order are available on the Eighth Judicial District Court website forms page http://www.clarkcountycourts.us/departments/clerk/common-forms/ or at the Civil Law Self-Help Center located in the Regional Justice Center at 200 Lewis Ave.

To see the law visit the Nevada State Legislature website:

AB291 https://www.leg.state.nv.us/App/NELIS/REL//80th2019/Bill/6530/Text

AB480 https://www.leg.state.nv.us/App/NELIS/REL/80th2019/Bill/6930/Overview

This article by Chief Judge Linda Marie Bell was originally published in the in Communiqué, the official publication of the Clark County Bar Association (February 2020) https://www.clarkcountybar.org/communique/february-2020/

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“The 8th JDC is operating a coordinated family division model at a scale that places it in a league of its own based on the breadth of case types it oversees,” reports the National Council of Juvenile and Family Court Judges after an eight-month evaluation of the Eighth Judicial District Court Family Division. “Many challenges exist but NCJJ also documented a parade of strengths that other jurisdictions could benefit from emulating.” 

The independent evaluation was significant, with site-specific findings and recommendations for the Eighth Judicial District Court that include:

  • “The 8th JD Family Division is a progressive jurisdiction with regard to the use of administrative data systems and technology. They are enabling the generation of judicial orders in the courtroom, implementing 1J/1F case assignment, online dispute resolution and online TPO filing and strategies to enable judges/judicial teams to compose court orders for routine hearings and distribute at the conclusion of the hearing. It is the first jurisdiction that NCJJ has encountered with the capacity to use its data systems and information technology capacity to explore the inter-relationships of cases for families with multiple legal matters presented to the court over time. We view this strength as critical for operating Nevada’s coordinated family division model in a large, rapidly growing jurisdiction.”
  • “The commitment to provide non-adversarial procedures for family case resolution is strong in the 8th JDC, with a vision to meet the needs of families that are increasingly comfortable with online applications and dispute resolution tools.”
  • “The 8th JDC Family Division is exceptionally busy and operating at a lean staffing level when compared to other comparably sized jurisdictions such as family courts serving Kings County (Brooklyn) and Queens County in New York City, which have up to twice the overall judicial offer resource to hear similar range of case types. Nonetheless, the court’s leadership over the past five years is addressing the points of greatest stress. Sometimes the efforts are locally driven and other times they are in coordination with the Supreme Court of Nevada.”
  • “The pressures of an antiquated facility footprint designed for a jurisdiction half its current size is undeniable for Clark County. Family division administration is focused on extending the facility life and addressing safety concerns, while addressing the space allocation for self-represented parties and temporary protective order triage. During interviews, there were many critics and legitimate concerns, but the NCJJ team left with the impression that the court administration is focused on solutions until a long-term decision is made.”

“This assessment confirms that the Family Division is doing great work and implementing innovative programs that provide for the effective and efficient administration of justice,” said Presiding Family Division Judge Bryce Duckworth. “The assessment acknowledges that our Family Division is exceptionally busy and operating at ‘a lean staffing level when compared to other comparatively sized jurisdictions’ and notes that the Court’s leadership is ‘addressing the points of greatest stress.’ We should be proud of the work that is performed in the Family Division of the Eighth Judicial District Court. Nevertheless, we welcome the constructive feedback offered in the assessment and recognize the need to continue to look for ways to improve the services that we offer families in our community. We look forward to addressing the challenges identified in the full report and the site-specific findings and recommendations.”

Beginning in the mid-1980s, Nevada policy makers had a vision for addressing the needs of families in court in a coordinated manner. After a referendum on an amendment to the state Constitution, an ambitious coordinated family division model in judicial districts serving populations over 100, 000 people was implemented. The goal of the recent independent evaluation, conducted between January and August of this year in Clark and Washoe counties, was to determine if family court was meeting expectations of families and lawmakers, following state and local courts rules, and resolving legal disputes timely and effectively. Research was done through phone interviews, electronic surveys, and site visits.  To download the full report, visit https://nvcourts.link/FamilyDivisionAssessment.  According to the report, “There is a commitment to make sure that the case of the most vulnerable especially children are a priority for resource allocations.”

“The findings from this independent evaluation demonstrate that despite population increase and tremendous caseload growth that have stressed resources, through strategic evaluation, planning, work, commitment and effective use of technology the Eighth Judicial District Family Division has made great progress and is viewed as model for other courts. The study also makes apparent  there is a crucial  need to upgrade facilities to maintain adequate service to the public,” said Chief Judge Linda Marie Bell. “I applaud the work that has been accomplished by judges and staff to ensure that the community is being served in an effective and efficient manner that is in the best interests of families, especially given the less than optimum facilities and short staffing.”

The study was conducted over eight months by the research division of the National Council of Juvenile and Family Court Judges located in Pittsburgh, Pennsylvania. The study’s purpose was to identify the high-level areas in which the coordinated family division operating models for juvenile and family law are meeting legislative goals.

The NCJJ study affirms that Nevada has a unique and ambitious vision for how courts should work for families in crisis. Nevada’s coordinated family division model brought together over 20 different case types in the juvenile and family law areas under one roof. The charge is to coordinate everything from divorces and child custody and child support, through child abuse and neglect matters and delinquency, to adult and juvenile guardianships, name changes and involuntary mental health commitment hearings.

The National Center for Juvenile Justice, located in Pittsburgh, Penn., is the oldest juvenile justice research group in the U.S., having conducted national and sub-national studies on crime and delinquency since 1973.

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The princess with the fairy godmother. Eighth Judicial District Court family Judge Cynthia Giuliani transformed into a fairy godmother to make adoptions dream come true for 21 children on Halloween.

Halloween and court can be a scary for kids, but not in Nevada Eighth Judicial District Family Division Judge Cynthia Giuliani’s court. She will suit-up as a fairy godmother to grant adoption dreams for 14 children on Oct. 31, from 9 a.m. until noon at Family Court, 601 N. Pecos Road, in courtroom 22. What has become an annual Halloween event, is a way to make the experience fun and memorable for families, while raising awareness for the big need for adoptive families in our community. Participating families are invited to wear costumes if they like.

“The costumes take the fright factor out of coming to court for the kids and make it fun. I hope that people who may be able to offer a stable and loving home see this and think about adoption,” said Judge Giuliani. “We hope to touch hearts by showing the joy of these new families.”

The District Court Family Division is involved in other special adoption events, including an annual adoption day marathon which is scheduled this year for Nov. 21 and will include seven Family Division judges. “This is the eighth year that Judge Giuliani’s unique approach has raised awareness for the joy that comes from adoption,” said Family Division Presiding Judge Bryce Duckworth. “There are many children in our community who need a loving and stable home in which to thrive. We hope families that can provide love and stability consider making the adoption wishes of these children come true.”

At any given time, there are around 100 children in Clark County in need of an adoptive family. For more information about adoption, call the Clark County Department of Family Services at 702-455-0800 or e-mail DFSAdoptions@ClarkCountyNV.gov.

 

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The Supreme Court’s Nevada Rules of Civil Procedure (NRCP) Committee did an exhaustive review that resulted in the changes to the Nevada Rules of Civil Procedure (NRCP), the Nevada Rules of Appellate Procedure (NRAP), and the Nevada Electronic Filing and Conversion Rules (NEFCR). The changes were effective March 1.

There are significant changes to Discovery in the Amendment to the Nevada Rules of Civil Procedure; some of the changes are nuanced. It has been strongly suggested that the best way for attorneys to get a handle on the changes is to read the revised rules. Viewing the red-line version is a good way to sort through the changes

HTTPS://NVCOURTS.GOV/AOC/COMMITTEES_AND_COMMISSIONS/NRCP/ADOPTED_RULES_AND_REDLINES/

The rules are intended to ensure just, speedy, and inexpensive resolution of every action and proceeding. Over the next few months, to clear up questions from the bar the new rules will be covered in the Civil Bench-Bar meetings. Civil Bench-Bar Meetings are held on the second Tuesday of each month. The next Civil Bench-Bar meeting is April 9 at noon in courtroom 10D. Judge Joe Hardy will spotlight Rule 5-6. On May 14, there will be a presentation of NRCP proportionality Stand of Discovery presented by Jay Young Esq.

There are a few points that are of particular note. Documents are automatically accepted, electronically served and immediately available for filing.  Please note that if a party is not registered in the e-filing system, service is the responsibility of the filer.

Rule 16.3C outlines modifications made to the process of Reports and recommendations. Once the Commissioner or Acting Commissioner signs off on the Report and Recommendations with the new notice page, Discovery will now file and serve the original Report and Recommendations. An Order with a file-stamped copy of the Report and Recommendations (with run slip, if there is any) will be forwarded to departments.

Departments are now handling scheduling orders. Prior to issuing a scheduling order, the court will meet with the lawyers (parties may also be required to attend) to discuss discovery to ensure that the process is more meaningful as outlined in Rule 16: Pretrial Conferences; Scheduling; Management (a) Pretrial Conferences; Objectives. In any action, order the attorneys and any unrepresented parties to appear for a conference or conferences before trial for such purposes as: (1) expediting disposition of the action; (2) establishing early and continuing control so that the case will not be protracted because of lack of management; (3) discouraging wasteful pretrial activities; (4) improving the quality of the trial through more thorough preparation; and (5) facilitating settlement.

Discovery extension requests must go through the departments.

For the benefit of the bar and to ease confusion until the Eighth Judicial District Court (EJDC) amends its local rules to conform to the amended NRCP, NRAP, and MEFCR, the EJDC finds it necessary to suspend or modify certain District Court Rules. There are areas where rules are inconsistent with amendments to the Nevada Rules of Civil Procedure.  An Administrative Order ADMINISTRATIVE ORDER 19-03 suspends those rules, to give clarity and ensure that the new rules take precedence over all local rules or district court rules. The local rules committee will make adjustments to eliminate inconsistencies, but it could take some time.

IT IS ORDERED the following rules are suspended or modified until further notice:

  1. Rule 1.14(a) through (c) is suspended;
  2. Rule 1.90(a)(2) is modified to strike references to the discovery commissioner and replace those references with “district judge;”
  3. Rule 1.90(b)(3) and Rule 1.90(b)(4) are suspended;
  4. Rule 2.20(b) is suspended. Motions requiring a hearing must include the designation “Hearing Requested ” in the caption on the first page of the

motion as follows:

Case No.

Dept. No.

HEARING REQUESTED

  1. Rule 2.34(f) and Rule 2.34(h) are suspended;
  2. 6. Rule 35(a) is modified to strike references to the discovery commissioner

and replace those references with “district judge” as the district judges will handle stipulations or motions to extend discovery deadlines;

  1. Rule 2.55 is suspended;
  2. Rule 5.602(g) is suspended;
  3. Rule 8.01 and Rule 8.03 through 8.16 are suspended.

If a document is filed incorrectly in a case, the department will strike the document and ask the attorney to refile the document in the proper case.

 A red-line version of the new rules can be found at THIS LINK. A PDF version of the revised rules affected by ADKT 522 can be found at THIS LINK.

 

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A chili cook-off lunch raised just over $500 for supplies to make Quilts of Valor. The Las Vegas Chapter of Quilts of Valor has presented thousands of quilts to those who have served our country, including Flights of Honor veterans and veterans who have successfully completed veterans’ court in District Court, Justice Court and the Las Vegas Municipal Court here in our community. Each quilt is lovingly crafted by volunteers to bring the veterans comfort and to let them know that their service is truly appreciated.

Clara Thomas from the District Attorney’s office was crowned the Chili Champ this year. Other winners were District Court Judge Nancy Allf and Glen O’Brien from the District Attorney’s office. He admitted his wife Susan was the real winner, since she made the chili. Clara took home the 2018 champ’s apron, a mini quilt, a Cheesecake Factory gift card and some serious bragging rights. Our other winners took home mini quilts made from Quilts of Valor fabric remnants. Big thanks to the winners and all those who made chili, and to all who joined the chili cook-off fun.

The Quilt of Valor Foundation was founded in 2003, by Blue Star mom Catherine Roberts from her sewing room. Blue Star moms are those who have a son or daughter in active service. Her son Nathanael’s deployment to Iraq served as the initial inspiration for the foundation. That has since presented thousands of quilts nationwide to those who have served our country.

Veterans’ courts are hybrid drug and mental health courts that use the drug court model to serve veterans struggling with addiction, serious mental illness and/or co-occurring disorders. They promote sobriety, recovery and stability through a coordinated response that involves cooperation and collaboration with the traditional partners found in drug and mental health courts and agencies.

The local chapter of Quilt of Valor meets the second Friday of the month at 8670 W. Cheyenne Ave. from 8:30 a.m. to 12:30 p.m. in room 105. Volunteers are always welcome; no quilting experience is necessary. For more information call 702-357-0377.

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On July 1, the new fiscal year begins. The new year brings a new chief judge and presiding judges at District Court.  Judge Linda Marie Bell was elected to replace outgoing Chief Judge Elizabeth Gonzalez.  The chief judge maintains responsibility for managing the administration of the court. Judge Bell will continue to hear specialty court cases during her tenure in the chief judge post. Judge Gonzalez will return to hearing civil, business and mental health court cases.

Judge Michael Villani will take over as the criminal presiding judge from Judge Doug Herndon. Judge Jerry Wiese will take on the post as the presiding civil court judge from Judge Susan Johnson.  Presiding judges manage the business of their respective division.

On her last day as chief, Judge Gonzalez sent out a thank you to court employees. “I wanted to express my gratitude to each of you to your hard work in making our Court more accessible to the community. We have worked as a team to improve our time to disposition and access to all of our community. The work we have done as a group is a testament to each of you. The courtesy and respect shown to those who appear in our court system is something of which I am very proud. Thanks again to all for your contributions to this success,” said Judge Gonzalez. “The court administration team worked tirelessly in support of our strategic goals. Those of you who work behind the scenes in administration and the clerk’s office keep the wheels of the organization moving, without even being seen. Although we do not see you on a daily basis, know that your work is appreciated.”

Judge Gonzalez closed her email with, “It has been my honor to serve as your Chief Judge. I wish Judge Bell and her leadership the best of luck in continuing to make improvements on access to justice and time to disposition.”

During her term as chief, Judge Gonzalez established a jury services committee and put into action a plan to add active voter registration names to the Court’s Jury Master List. Judge Gonzalez implemented improvements to how minor guardianship and involuntary commitments are handled. She spearheaded logical enhancements to business practices to maximize space and proximity to enhance interface at the court with a business pod and a guardianship/probate pod. Management for homicide cases was also centralized under her leadership to improve efficiency in the management and timely disposition of such cases.

“I want to extend sincere appreciation to Judge Gonzalez for her hard work and significant accomplishments as the chief judge,” said Judge Bell. “Not only did she maintain a heavy and complex caseload, she accomplished much for the court during her tenure as chief judge.”

“I also want to thank Judge Herndon and Judge Susan Johnson for their work in the role of presiding judge. Both the Civil and Criminal divisions have made impressive progress under their leadership,” said Judge Bell.

July 1 will also usher in docket changes, and courtroom/chamber moves. A summary of those changes can be found in this related story: Change is coming to District Court https://wp.me/p1tnuA-1tQ

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Six Eighth Judicial District Court employees were honored by the bench for going above and beyond in their work to keep things running effectively and efficiently at the court. Those honored include Tatyana Ristic who was named District Court Judicial Employee of the Year; Mark Vobis, named Deputy Marshal of the Year; Brian Hernandez, named District Court Judicial Marshal of the Year; Ronald Ramsey, named Judicial Marshal of the Year; Erica Page, named District Court Administrative Employee of the Year and Karen Christensen, named Clerk of the Court Employee of the Year. The ceremony was held at an all-judges meeting on June 13.

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