Appealing in Nevada

Murder conviction reversed due to competency questions

tdc@kkbrf.com (Tami Cowden) — Fri, 21 Nov 2008 10:24:23 -0800

The Nevada Supreme Court issued only one published opinion yesterday, reversing a murder conviction because of doubts about the defendant's competency.

In Olivares v. State, the Nevada Supreme Court reversed the defendant’s conviction for murder, finding the District Court abused its discretion by failing to conduct a hearing on whether further competency proceedings under NRS 178.415 were necessary. Here, the defendant’s competency had been questioned from the commencement of the case, and he had spent nearly half of the preceding three years in a mental health facility. Additionally, while six months before trial, two mental health professionals had opined that he was competent to stand, they also acknowledged that he persisted in the delusion that his defense counsel was in collusion with the prosecution. Additionally, defense counsel stated that defendant did not appear to understand plea negotiations, or the favorable plea agreement that had been offered to him. In these circumstances, further inquiry should have been made.

My photo credit

tdc@kkbrf.com (Tami Cowden) — Wed, 19 Nov 2008 12:00:54 -0800

I have a photo credit in a book.

This fits into the “here’s something I never thought I’d do” category. After all, I’m not exactly known for my photography. Or my visual sense.

But yet, it is a true. A photo I took is in a actual book. Caution Funny Signs Ahead.

The book is a collection of funny signs that ordinary people, including me, happened to see while driving along somewhere. The humor of the signs is aided by commentary that I did not write. The people who did write the captions, and compile the photos, are Megan Edwards and Mark Sedenquist, who publish the websites RoadTrip America and Living Las Vegas.

My photo is of a sign in Leicestershire UK that says “Humped Zebra Crossing.” In England, a zebra crossing is a crosswalk painted with white stripes – and a humped one means that the crosswalk is painted over a sort of very wide speed bump. My husband and thought the sign was funny and I snapped a photo of it. (We also thought "Badger crossing" was funny, but apparently, that's just us.)

My payment was two copies of the book and the glory – which suits me fine. It is a very funny book, and I am proud to have had a small part in it.

I recommend it as a gift for all your friends who like to laugh. (If you have friends who don’t like to laugh, get new friends.)

Female Lawyers Earn Less than Male Counterparts.

tdc@kkbrf.com (Tami Cowden) — Wed, 19 Nov 2008 06:48:57 -0800

That headline is comparable to “Dog Bites Man.” Nothing surprising there.

The latest proof that times haven’t changed comes from the newly released Report of the Third Annual National Survey on Retention and Promotion of Women in Law Firms, showing results ofa survey conducted by the National Association of Women lawyers and the NAWL Foundation..

The income disparity exists at all career levels, with the greatest disparity at the equity partner level, with an difference of $87,000. At the associate level, the difference averaged "only" $7000.

Women lag in leadership roles, as well. Even though females make up 48% of 1^st and 2d year associates, they make up only 27% of non-equity partners and 17% of equity partners.

The disparity is attributed to women’s comparable reluctance to self-promote, as well as the tendency to value contributions such as mentoring and firm leadership less than business generation.

One interesting finding, however, is that lateral moves, once viewed with skepticism, now tend to benefit the mover, regardless of gender.

Hat tips to WSJ’s Law Blog and the ABA Journal.

The Last Halverson-Related Post?

tdc@kkbrf.com (Tami Cowden) — Tue, 18 Nov 2008 12:20:02 -0800

Dare I hope that this post, reporting on the Nevada Commission on Judicial Discipline’s decision regarding the complaints against Judge Elizabeth Halverson, will be the last I need make referring to this sad chapter in Nevada judicial history?

The decision in In the Matter of the Honorable Elizabeth Halverson was released yesterday. It consists of 28 pages, leading to the removal of Halverson from office, and denying her the ability to seek judicial office again.

The Commission found that the following charges were proven by clear and convincing evidence: sleeping during court proceedings/failure to take steps to avoid repeat of occurrence; improper contact with empaneled juries in two criminal cases, with the first instance the result of inexperience, but the second instance willful; several counts of improper treatment of court employees; improperly allowing unauthorized individuals (her bodyguards) access to the RJC; lying about the conduct of other judges; three counts of impeding the administrative functions of the Chief Judge. The Commission attributed most of the conduct to poor judgment on the part of Halverson, coupled with a paranoid belief that the chief judge was out to get her.

Read the decision here.

My personal opinion, with no special information other than what I’ve read and observed, is that Halverson’s physical ailments probably require her to take medications that affect her judgment. I've known cases where medications for severe arthritis, for example, turn otherwise rational people into obnoxious bullies. This does not mean her conduct should be excused or condoned; it just means that maybe without the medications, her judgment would not be so poor. Her removal from the bench seems warranted, but viewing her with some compassion also seems warranted. Or, at any rate, I’d like to think so.

And I hope I need never say more on the topic.

ABA Journal Surveying Lawyers about the Economy.

tdc@kkbrf.com (Tami Cowden) — Tue, 18 Nov 2008 11:24:54 -0800

The ABA Journal is conducting a survey of attorneys about the job market and the current state of the economy. Click here to participate.

Gay romance penned by lawyer

tdc@kkbrf.com (Tami Cowden) — Fri, 14 Nov 2008 11:43:52 -0800

I love nothing more than showcasing a fellow lawyer/romance author here. Skadden Arps partner Gregory Smith, writing as G. Carlos Smith, released his first romance novel, A Matter of Choice, last week. The book “explores the lives of two young men as they find their way during unforgiving but changing times. In a moving but delightful love story, the novel considers the tragic effects of laws like Proposition 8 while offering a new hope.”

Like most writers, Smith definitely isn’t in the book business for the money. The net royalties from sales of A Matter of Choice will be donated to the San Francisco AIDS Foundation or similar charity.

WSJ’s Law Blog had an interview with Smith in which he explains his reasons for writing the book.

Hat tip to ABA Journal Weekly

Dressing for the holidays

tdc@kkbrf.com (Tami Cowden) — Wed, 29 Oct 2008 10:08:54 -0800

One of the joys of working being a lawyer in Nevada this yearis the fact that Nevada Day and Halloween coincide. In other words, the office is closed.

No need to worry this year about whether it would be politic to dress up for the holiday. Anyone who saw Boston Legal this week, understands the dilemma.

But lawyers elsewhere are not so fortunate. Consider the question How Do I Handle Halloween at the Firm? at Sweet Hot Justice.

Even better consider the comments, wherein there is a suggestion that female lawyers and paralegals dressing up in sexually suggestive ways is a good way to be appreciated “at an entirely different level.”

Right.

Dressing up could be fun, of course. Not that I would take the time or money to get quite into as much spirit as they do at Boston Legal’s Crane Pool and Schmid. I wouldn’t be caught dead in a Bo Peep costume.

But I have been known to dress up as Zorro now and again. As it happens, I own a lot of black clothing and a sword. I do not, however, have a light-up cowboy hat.

The next question, of course, is how to dress for the annual holiday (aka Christmas) party? This is the true annual dilemma for female attorneys.

My visit to Northwestern Nevada

tdc@kkbrf.com (Tami Cowden) — Wed, 29 Oct 2008 09:09:19 -0800

I've been up north to Reno and Carson a few times before, but always on business. This time I just had fun.

To see an account of my trip, read Adventures in Northwestern Nevada at Living Las Vegas

Attorneys must report discipline to clients

tdc@kkbrf.com (Tami Cowden) — Mon, 27 Oct 2008 14:48:57 -0800

Or, at least, have the information available if asked.

The Nevada Supreme Court changed Rule of Professional Conduct 1.4, to require the biographical data sheet include information about disciplinary history and malpractice insurance. The new rule takes effect Nov. 21, 2008.

See the new Rule here

Attorneys must report discipline to clients

tdc@kkbrf.com (Tami Cowden) — Mon, 27 Oct 2008 14:48:57 -0800

Or, at least, have the information available if asked.

See the new Rule here

Ron Howard's call to action

tdc@kkbrf.com (Tami Cowden) — Mon, 27 Oct 2008 09:55:45 -0800

Although I don't think I've made any secret of my political affiliations, I usually limit my political commentary to snarky remarks about U.S. Supreme Court justices and the like.

And, popular as the pastime is, forwarding Internet videos isn’t what I usually do.

But I really like this video, which kind of seems especially intended for folks right around my age (just shy of older than dirt):

http://www.funnyordie.com/videos/cc65ed650d

Proposed amendments to the Nevada Judicial Conduct Code

tdc@kkbrf.com (Tami Cowden) — Fri, 24 Oct 2008 09:10:55 -0800

At its October meeting, the Nevada Judicial Conduct Code Commission voted to adopt ABA Model Code Canons 2 and 3 and Rules 2.3 through 2.16 and Rules 3.1, 3.2, 3.4 and 3.5, and the related Commentary, with few modifications.

Canon 2 and Rules 2.1 to 2.2
Rules 2.3 to 2.9
Rules 2.10 to 2.16

Canon 3 and Rules 3.1, 3.2, 3.4 & 3.5

The Commission will consider rules Rules 3.6 through 3.15, Canon 4, and Rules 4.1 through 4.4 at its November meeting. Comment is invited.

See the NSC’s press release: Nevada Judicial Code Commission Issues Proposed Amendments

Roberts a noir novelist wannabe?

tdc@kkbrf.com (Tami Cowden) — Fri, 24 Oct 2008 08:25:22 -0800

Check out U.S. Supreme Court Chief Justice John Robert's hard-boiled opening paragraphs in his dissent from the denial of cert in Pennsylvania v. Dunlap:

North Philly, May 4, 2001. Officer Sean Devlin, Narcotics Strike Force, was working the morning shift. Undercover surveillance. The neighborhood? Tough as a three dollar steak. Devlin knew. Five years on the beat, nine months with the Strike Force. He’d made fifteen, twenty drug busts in the neighborhood.

Devlin spotted him: a lone man on the corner. Another approached. Quick exchange of words. Cash handed over; small objects handed back. Each man then quickly on his own way. Devlin knew the guy wasn’t buying bus tokens. He radioed a description and Officer Stein picked up the buyer. Sure enough: three bags of crack in the guy’s pocket. Head downtown and book him. Just another day at the office.

I think the man has potential. Dare I suggest he give up his measly government salary and write full time?

Of course, writers tend to average quite a bit less than the CJ’s current salary ($217.5K). In fact, I've herd the average novelist earns about $10K or so – and that includes only those with any income at all.

But Roberts already has significant name recognition. He could easily build a platform from which to launch a successful career as a novelist. In fact, he could command huge speaking fees, and then hand sell his novels at the back of the room.

So, in the spirit of helping an aspiring novelist leave the legal profession to pursue a full-time writing career, I personally promise to buy a copy – in hardcover! –of every novel Roberts publishes (provided, however, his resignation occurs while during a Democratic presidency).

Won’t you join my pledge?

Free Law School!

tdc@kkbrf.com (Tami Cowden) — Fri, 24 Oct 2008 08:11:58 -0800

Thinking of going to law school? Worried that the loans you’ll have to take out to fund your legal education will force you into a accepting a Big Law position?

Here’s a solution.

The University of California, Irvine is opening a new law school next year. And to attract top students, it plans to give full scholarships to every member of the first class. The value of the scholarships is about $100,000. The anticipated class size is 60. The school has already received donations sufficient to fund about 1/3 of the scholarships.

The school has signed up a fairly impressive founding faculty – plenty of diversity in disciplines with a definite trend toward public interest. And the promise, at least, that writing skills will be deemed important.

Of course, it takes a certain amount of faith to attend a brand new law school. Provisional accredidation cannot occur until the end of the second year. But it seems likely that this school will be able to comply with the requirements. And there is already a lengthy list of employers lined up for on campus interviewing in 2010. Lots of public interest agencies listed, but law firms are ont he list, too.

Apply to UCI Law here.

See the story at ABA Journal:: Law School Free for UC Irvine’s Entering 2009 Class

Judge Del Vecchio Removed from Office

tdc@kkbrf.com (Tami Cowden) — Wed, 22 Oct 2008 09:30:02 -0800

The Nevada Commission on Judicial Discipline has removed Judge Nicholas Del Vecchio from his position as a Clark County Family Court judge. Del Vecchio is barred from seeking judicial office in the future.

Read the RJ article here: FAMILY COURT: Judge's removal ordered .

Judge Del Vecchio Removed from Office

tdc@kkbrf.com (Tami Cowden) — Wed, 22 Oct 2008 09:30:02 -0800

Read the RJ article here: FAMILY COURT: Judge's removal ordered .

Pro bono work anti-social?

tdc@kkbrf.com (Tami Cowden) — Fri, 17 Oct 2008 09:52:56 -0800

Here’s something you don’t see everyday. A 2d Circuit judge has criticized pro bono work as being “anti-social.”

It seems Judge Dennis Jacobs, Chief Judge of the 2d Circuit, does not like it when pro-bono work is used to expand judicial reaches into legislative matters. In a summary of the Judge’s remarks posted at the American Constitution Society Blog ,Judge Jacobs is purported to have said:

Pro bono work primarily is an "antisocial" and self-serving activity lawyers use to develop their skills, firms use to recruit and "give solace" to associates, and nonprofits use to further a political agenda.

A G.H.W. Bush appointee, Judge Jacobs, Chief Judge since 2002, spoke at a Federalist Society meeting in Rochester New York. He also criticized public interest lawyers for failing to take responsibility for their wins and losses. "No public good is good for everybody," the judge said.

See the stories:

2nd Circuit Chief Judge Says Pro Bono Work is 'Anti-Social',at ABAJournal.com.

And U.S. Judge: Pro Bono Is Antisocial at LegalBlogWatch.com

Bar Exam Results

tdc@kkbrf.com (Tami Cowden) — Tue, 14 Oct 2008 16:15:40 -0800

The Nevada Bar Exam results are in. The unofficial pass rate is 69%.

Congratulations to all the soon to be sworn in lawyers!

Today's Nevada Supreme Court Opinions - a Win for Wynn

tdc@kkbrf.com (Tami Cowden) — Thu, 09 Oct 2008 11:32:54 -0800

Two published opinions today, one involving the tort of conversion, and the other addressing the Wynn tip distribution dispute:

In Winchell v. Schiff, , the Nevada Supreme Court held that damages for conversion of inventory may include not only the value of the converted property itself, but also resulting damages, such as the value of a lost business. In this case, the plaintiff’s stored inventory went missing. The loss of the inventory led to the demise of the business. The Court upheld the jury’s award that included damages for the lost business, as well as the value of the property itself.

In Baldonado v. Wynn Las Vegas, Wynn ran the table in the tip distribution dispute. The Nevada Supreme Court, sitting en banc, held

(1) NRS 608.160, which prohibits employers from taking employee tips, does not create a private cause of action to enforce its terms. The statute requires the Nevada Labor Commissioner to administratively resolve disputes arising under the statute and creates an adequate administrative remedy, , precluding a finding that the legislature intended to create a private cause of action.

(2) Employees who allege that the statute’s terms were violated by an employment policy do not have standing to seek declaratory relief to that effect, as, again, the statute creates an adequate remedy.

(3) A unilateral change to an employment policy does not give rise to a viable breach of contract claim absent an actual employment contract. The dealers were at-will employees, and therefore, the employer had the right to prospectively change the terms of the employment.

Last week's Nevada Supreme Court Civil Opinions

tdc@kkbrf.com (Tami Cowden) — Thu, 09 Oct 2008 11:31:11 -0800

Sorry for the delay . . .

In Cox v. Dist. Ct., the Nevada Supreme Court held that a judicial sale to a bona fide purchaser is not immune from appellate reversal when the court conducting the sale had not jurisdiction to do so. Here, the court that conducted the sale had not jurisdiction due to the expiration of the five year rule, and therefore, the appellate reversal of the sale stands.

In M.C. Multi-Family Dev. v. Crestdale Assocs., the Nevada Supreme Court adopted California’s definition of “property rights” and the Restatement (Second) of Torts rule defining conversion of “intangible personal property,” and expressly rejected the notion that personal property must be tangible in order to give rise to a conversion claim. At issue was whether a contractor’s license could be converted through unauthorized use of the license. The Court held that a license can be converted, even though unauthorized use by one party does not prevent use by the lawful owner.

The Court determined that “a property right exists when (1) there is an interest capable of precise definition, (2) the interest is capable of exclusive possession or control, and (3) the putative owner has established a legitimate claim to exclusivity.” The Court also adopted Restatement (Second) of Torts § 242, which states, “[w]here there is conversion of a document in which intangible rights are merged, the damages include the value of such rights.”

Because the District court had directed a verdict in favor of the defendant, finding that a license could not be converted, the cause was remanded.