Tag Archives: Nevada Court
October 14, 2016 District Court Video Conferencing offers option to overcome logistical hurdles for testimony
The ability to present testimony via video conference is up and running in all courtroom in the District Court at the Regional Justice Center. Easy access to video conferencing has been highly anticipated and a hot topic at several of the recent Civil Bench Bar meetings. It is expected to save time and money on testimony for out of town witnesses and aid in facilitating the testimony of those who face significant logistical challenges getting to court.
There are a few important considerations to keep in mind including: Counsel/Party must agree to provide all exhibits to the Party or Witness in advance in the same form as have been or will be submitted to the Court Clerk. Any objection to a request must be made in writing within two judicial days of service of a request. Counsel/Party must agree that by submitting a request, the party and witness (or their respective representatives) will test and verify the functionality of video conference connectivity with the court IT department at least two judicial days before the scheduled appearance. The video conference request form can be found under Court News at Audio/Visual Appearance Request Instructions. Full agreement of counsel isn’t necessary for video testimony to be used; it is up to the judge.
Part IX of the Nevada Supreme Court Rules Governing Appearance by Audiovisual Transmission Equipment can be viewed at https://www.leg.state.nv.us/CourtRules/SCR_AudTranEquip.html. As posted on this site, “The intent of this rule is to promote uniformity in the practices and procedures relating to audiovisual transmission equipment appearances in civil cases.” It’s important to note the following excerpt: “A party choosing to appear by audiovisual transmission equipment at a hearing, conference, or proceeding under this rule must either: Place the phrase “Audiovisual Transmission Equipment Appearance” below the title of the moving, opposing, or reply papers; or at least three court days before the appearance, notify the court and all other parties of the party’s intent to appear by audiovisual transmission equipment. If the notice is oral, it must be given either in person or by audiovisual transmission equipment. If the notice is in writing, it must be given by filing a “Notice of Intent to Appear by Audiovisual Transmission Equipment” with the court at least three court days before the appearance and by serving the notice at the same time on all other parties by personal delivery, fax transmission, express mail, or other means reasonably calculated to ensure delivery to the parties no later than the close of the next business day.”
Bench Bar meetings are one of the best ways to stay up on what’s new in court and to get clarification on issues that surface. On Oct. 24, a joint Guardianship and Probate Bench Bar meeting will be held at the Nevada State Bar office at 3100 S. Charleston Blvd. from 11:30-1:30 p.m. The Blue Ribbon Guardianship Commission will present their report and recommendations on guardianship in Nevada. Attendees will get free Continuing Legal Education (CLE) credit and lunch will be served.
October 3, 2016 District Court to use $1.4 million grant for residential treatment program to end the cycle of addiction and crime for participants
The Eighth Judicial District Court is using a $1.4 million grant from the State Division of Public and Behavioral Health (DPBH) to work to end the cycle of addiction and crime through residential treatment for 80 participants. There is a desperate need for residential substance abuse and mental health treatment in Clark County. Residential treatment with wraparound services offers judges a viable sentencing alternative to jail-time. It is an approach that has proven to have better outcomes than punitive sentencing.
“I applaud Governor Brian Sandoval and the leadership of DPBH Director Richard Whitley for their efforts to make this funding a reality and taking action to address this pressing need,” said District Court Chief Judge David Barker. “Residential treatment infrastructure has been a missing element in our specialty courts continuum of care. The residential component improves the odds of long-term success for participants. Not only is residential treatment more effective, but it is less expensive than jail. The results are: millions of dollars in savings for the jail, a reduction in jail overcrowding and more individuals successfully completing treatment and becoming productive members of our community.”
The court will use the $1.4 million to provide residential treatment services to 80 defendants per month from District Court and/or the Las Vegas Justice Court. Initially, the Freedom House Project will be the service provider; other providers will be added as they become available. Approximately 35 participants have already been placed in treatment; another 100 people have been sentenced and are waiting to move to a treatment facility.
The residential placements are broken into three levels of care. The Freedom House Coordinated Care Program will provide housing and a drug-free environment to 40 specialty court participants who are also in outpatient treatment through the Choices Group or other treatment providers. In addition, the funding will cover up to 30 specialty court participants who are sentenced to sober-living with intensive out-patient programming provided in-house. Up to 10 residential placements will go for in-patient substance abuse treatment services with 24/7 care, monitoring, treatment and housing.
The Freedom House ANCHOR Project will also be available to provide a full range of integrated services for ex-offenders needing access to housing, education/training, and employment to reduce the likelihood of residents returning to jail or prison. Programming includes the use of mentors, re-entry counseling, job skills development, and employment opportunities. The ANCHOR Project will use evidence-based tools/techniques for successful community reentry/reintegration and access to a range of best-practice services tailored to individual client’s needs.
September 16, 2016 September Adult Guardianship Bench/Bar Meeting cancelled – next meeting to be held in October
The Adult Guardianship Bench/Bar Meeting that was scheduled for Sept. 26 has been cancelled. Mark your calendar for the next meeting on Oct.24 from 11:30 a.m. to 1:30 p.m., at the Public Guardian’s Office, 515 Shadow Lane. If you have an agenda item for the Oct. meeting please e-mail RootA@clarkcountycourts.usno later than Oct. 14. Attendance to the Bench/Bar Meeting is free plus you getting two free Continuing Legal Education (CLE) credits. Bench Bar meetings are a great way to stay up on the latest developments and improve the efficacy of those who practice in the area of guardianship.
September 15, 2016 Judge Elizabeth Gonzalez Selected To Assume District Court Chief Judge Post January 1
Judge Elizabeth Gonzalez was selected to be the new chief judge of the Nevada Eighth Judicial District Court. She will succeed Chief Judge David Barker. Judges on the District Court bench voted to choose the new chief who will officially start the role on Jan. 1 next year. The chief judge is responsible for managing the administration of the court while maintaining an active (reduced) caseload hearing and deciding cases.
“I am honored to be selected to fill the role of chief judge of the Eighth Judicial District Court and to carry on the precedence of excellence established by colleagues such as Chief Judge Barker,“ said Judge Gonzalez. “I look forward to beginning this new challenge of keeping the court on course to achieve the vision of timely and fair adjudication, optimum technological advancement, continuous improvement and maximum efficiency.”
Judge Gonzalez who was the 2015 Liberty Bell Award honoree, is currently the presiding judge of the Civil Division, handling business and criminal cases and serving on the executive committee of the court. She was appointed to the District Court in July 2004. Prior to taking the bench, she practiced predominantly in complex civil litigation that included business, mass tort, and construction defect litigation. From 1986 to 1998, she was employed with the law firm of Beckley, Singleton, Jemison & List where she focused on these areas of litigation and served as the firm’s president from 1997 to 1998. From 1998 until taking the bench, she operated her own firm.
Judge Gonzalez is a past president of the American College of Business Court Judges and has served as a Business Court Representative to the ABA Business Law Section. Currently she serves on the Supreme Court Access to Justice Commission and serves on both the Education Committee and Judicial Education Requirements Study Committee of the Judicial Council of the State of Nevada. She previously served on the Judicial Council of the State of Nevada, the Supreme Court Jury Improvement Commission, and the State of Nevada Ethics Commission. Judge Gonzalez attained a B.A. in History, with honors, from the University of Florida in May of 1982 and received her law degree from the University of Florida College of Law in 1985. She was admitted to the State Bar of Nevada in 1985.
“Judge Gonzalez has demonstrated repeatedly that she is well-suited to fill the role of chief judge of the District Court. She is well-respected and has excelled as the presiding Civil Division judge; and has contributed much as an executive committee member. I am confident that Judge Gonzalez will lead the District Court in a productive direction,” said current Chief Judge Barker.
Under Chief Judge Barker, the District Court received recognition for several programs including the NACM Top 10 Court Technology Solutions Award and NACM Award for Project 48. During his tenure as chief, Judge Barker worked on the Pre-trial Committee to relieve jail overcrowding, worked to start the Guardianship Commission, served on the Nevada State—Federal Judicial Council and the Judicial Council of Southern Nevada.
Tags: Barbara Buckley, Clark County Courts, District Court Chief Judge, Eighth Judicial District Court, Judge David Barker, Judge Elizabeth Gonzalez, Las Vegas Court, Las Vegas courts, Nevada Court, NV court
September 14, 2016 Opportunity for legal, law enforcement and social service professionals to step up for kids and feel great about it
Professionals looking for something fulfilling in their life are invited to spend a few hours a week motivating struggling students. The Truancy Diversion Project (TDP) aimed at improving student school attendance and success in classes is calling on attorneys, law enforcement and social service professionals to be volunteer judges at area schools. Volunteers are asked to visit their chosen school once a week to meet with and motivate students to achieve success. Those who are interested in volunteering as a Truancy Diversion Judge, can contact DeDe Parker at702-455-1755.
On Sept. 2 TDP held all-day “trauma-informed” kickoff training for volunteer judges at Family Court with approximately 50 participants. The purpose of the TDP is to utilize a specialty court model to assist the Clark County School District (CCSD) to reduce absenteeism, re-engage students in learning and to cut the dropout rate.
Clark County School District reported nearly 244,000 truant children for school-year 2015-2016. Teenage pregnancy, truancy, and high school dropout rates in Nevada are alarming. Individuals lacking a high school diploma face higher prospects of unemployment and the negative consequences associated with it. The TDP is a collaborative effort between the Family Court and CCSD designed to prevent and reduce youth crime, to re-engage our youth in learning, and ultimately, reduce potential costs to our welfare and justice systems.
The Truancy Diversion Program (TDP) is a partnership between Family Court and CCSD. TDP is a non-punitive, incentive-based approach to at-risk school students with truancy problems. A team (judge, family advocate, school personnel) works with the students and their families. Since 2007, the program has been overseen by Eighth Judicial District Family Court Judge Jennifer Elliott in collaboration with the Clark County School District.
“The research on truancy has shown attendance and behavior problems at school are risk factors for drug/alcohol use and for involvement in juvenile justice system,” said Judge Jennifer Elliott. “Truancy Diversion volunteers effectively work directly with the students to address their challenges and motivate them to go to school, graduate and move on to a productive future. The Truancy Diversion Program doesn’t just benefit these students, but it benefits our community as a whole. Higher graduation rates lead to a stronger and more employable community,” said Judge Elliott. “Volunteering to serve as a judge with the TDP is worthwhile work. Our young students gain so much from the guidance provided by the volunteers in this program.”
The volunteer TDP judges are licensed attorneys, mental health professionals, law enforcement personnel, another qualified professionals who commit to a school year of weekly court sessions that promote and support academic achievement using a team effort and an individual student success plan. Since 2007, the TDP has expanded from six to 85 schools including elementary, middle schools and high schools. The goal of the Eighth Judicial District Court, Family Division is to continue to expand until all 357 Clark County schools have a TDP specialty court.
“The Truancy Diversion program helps young people achieve success in education. That success sets the stage for the rest of their lives.” said Presiding Family Court Judge Charles Hoskin. “I urge attorneys in our community to be a part of this program to help young people in our community achieve.”
Tags: Clark Cocunty Family Court, Dropuot reduction, Eighth Judicial District Court, Family Court, Judge Jennifer Elliot, Las Vegas Court, Las Vegas courts, Nevada Court, truancy diversion, truancy reduction
September 13, 2016 What attorneys need to know about Discovery changes to the procedures for the Report and Recommendations
Discovery Commissioner Bulla has made changes to the discovery procedures for the Report and Recommendations. The parties only have to submit the original Report and Recommendations. Copies are no longer required.
Pursuant to N.E.F.C.R. 9, after Commissioner Bulla signs the Report and Recommendations , the parties will be served with notice pursuant to EDCR 2.34(f) via e-service through Wiznet . The new Report and Recommendation form with the new notice page is now available at the Clark County Website – http://www.clarkcountycourts.us/ejdc/courts-and-judges/discovery/discovery.html
The time to object to the Report and Recommendations will continue to be eight (8) judicial days from the date of e-service and the parties are still required to timely provide Commissioner Bulla’s office with a file stamped courtesy copy of any Objection. If a file stamped copy of the Objection is not available before the objection time expires, a copy of the details of filing from Wiznet will be accepted.
Run slips submitted with the original Report and Recommendations to the Discovery Commissioner, will remain attached to the document when forwarded to the District Court Judge. Once the Report and Recommendations is signed by the District Court Judge, it will be available for pick up by your runner service from the Department.
Attorneys who practice family law are invited to attend the Family Bench Bar meeting on Aug. 11 at noon in courtroom 9 at the Family Court, 601N. Pecos Road.
The agenda will include the following:
Administrative Announcements (Presiding Judge Hoskin) – This is when Judge Hoskin reveals the latest happenings in the Family Division, tells what’s in the pipeline and what the latest buzz is.
Promise One (Corinne Price, Esq.)
Ask and Answer
Next Bench-Bar Meeting Nov. 17, 2016
Tags: attorney tips, bench bar, Clark County Courts, Clark County Family Court, Eighth Judicial District Court, Judge Charles Hoskin, Las Vegas Court, Las Vegas courts, Las Vegas Family attorneys, Nevada Court