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SEALED LAWSUITS: Trend among cases criticized

Review shows lawyers, law firms named in many instances




A lawsuit brought against Boulder City medical malpractice attorney Hamilton Moore, by a former client, was sealed from public view by a judge after it was filed in May 2003.

Three years later, Moore voluntarily surrendered his law license after allegations surfaced that he had kept from clients $300,000 in settlements, according to the State Bar of Nevada. Had a judge not kept the earlier lawsuit against Moore hidden, might subsequent clients have found out about the dispute and chosen a different lawyer?


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  • Moore was not the only attorney who persuaded a judge to keep his legal squabbles shielded from public view between 2000 and late 2006, according to court records.

    A review of at least 115 lawsuits that District Court judges sealed shows that attorneys or law firms were named defendants or plaintiffs in 20 percent of the cases, even though the region's 4,743 licensed attorneys represent a fraction of 1 percent of Clark County's population.

    Physicians and medical companies were the only other clients with nearly as many sealed lawsuits.

    The trend leaves a perception of favoritism, secrecy and inappropriate connections between lawyers and the judges who rule on their cases.

    "The idea that the entire case should be sealed is counter to the general expectation that litigation be open and public," said Jean Sternlight, a law professor at the University of Nevada, Las Vegas who specializes in dispute resolution.

    "The mere fact that a lawsuit involves a lawyer or law firm doesn't justify sealing a case," Sternlight said. "If judges are sealing a high percentage of cases involving lawyers, it does fuel the perception that there is a coziness between justices and members of the Bar."

    The Review-Journal late last year obtained limited information on lawsuits sealed by District Court judges. Included for each case were the names of the parties, the date each case was filed, sealed and closed, and the name of the judge assigned to each case at that time.

    Not included were the name of the judge who sealed the case, an explanation for why each case was sealed, which party requested the entire case be sealed, the attorneys assigned to each case, any evidence or record of testimony in each case and any court filings in each case.

    Judges claimed to have the inherent authority to seal cases at their discretion, but the state Supreme Court in May appointed a committee to draft rules and regulations aimed at keeping most court records open to the public. The state Supreme Court held a public hearing on the proposed rules Dec. 3 and is expected to approve them after a public comment period ends Friday.

    The proposed rules would: allow anyone to request that a court record be unsealed; require anyone who wants to seal a court record to make an argument before a judge in open court; and require a judge to justify in writing the rationale for the sealing of records.

    Records that could be sealed include information deemed confidential by state or federal law or the trade secrets of a business. Some basic information, such as the existence of the case and the parties involved, could not be sealed.

    Cases sealed from public view since 2000 include lawsuits in which an attorney or law firm are the primary plaintiff or defendant. In others, a lawyer or firm is a secondary party, meaning the lawyer may not be the primary target of a lawsuit or the primary person filing the lawsuit.

    In some cases, lawyers are suing other lawyers or their former colleagues. In others, the lawyer is in a dispute with a client, bank or an insurance company. No information about the disputes is available to the public because a judge sealed each case.

    According to members of the state Supreme Court's Commission on the Preservation, Access and Sealing of Court Records, attorneys are expected to offer the state Supreme Court further suggestions and recommendations on the new regulations before the deadline. Only a few testified during the commission meetings, which were open to anyone who wished to speak.

    Commission members Kathy England, who also serves as vice president of the Nevada Bar Association, and Richard Myers, who is associated with the Nevada Justice Association, formerly known as the Nevada Trial Lawyers Association, said judges shouldn't give lawyers preferential treatment in sealing cases.

    "When lawyers are parties to litigation they should be treated like everybody else," England said. "The new rules as proposed are going to level the playing field so that everyone has the same access and ability to ask that confidential information, that they have been compelled to provide in litigation, should be shielded from public view."

    Myers said the number of sealed cases involving attorneys gives the impression the lawyers have something to hide.

    In an era when attorneys are in such stiff competition for clients that many hawk their services on cable television and on billboards, lawyers should be up front about themselves and their business practices, he said.

    "It certainly leaves a bad public perception and I think they all should be revealed and exposed because the public has the right to know whether there is wrongdoing among attorneys," Myers said.

    "The public ought to know what they are getting into (when hiring an attorney) and should know who are the bad lawyers and who are the good lawyers," he said.

    Contact reporter Frank Geary at fgeary @reviewjournal.com or (702) 383-0277.

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    TIS THE SEASON wrote on December 17, 2007 12:54 PM: Public Corruption - FBI's Top Criminal Priority
    Washington, DC - Combating public corruption is the top criminal program investigated by the FBI. Over the last two years, FBI investigations have lead to the conviction of more than 1,060 government employees involved in corrupt activities, to include 177 federal officials, 158 state officials, 360 local officials and more than 365 police officers. The FBI's highly sensitive public corruption investigations focus on all levels of government. No other law enforcement agency has attained the kind of success the FBI has achieved in combatting corruption. This success is due largely to the cooperation and coordination from a number of federal, state and local law enforcement agencies to combat public corruption. These partnerships include, but are not limited to the Department of Justice, Agency Offices of Inspector General; law enforcement agencies' Internal Affairs Divisions; Federal, State and local law enforcement and regulatory investigative agencies; and state and county prosecutor's offices.

    FBI site
    http://www.fbi.gov/hq/cid/pubcorrupt/pubcorrupt.htm

    Report Corruption Online
    https://tips.fbi.gov/


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    issues wrote on December 16, 2007 06:09 PM: BUMMER!!! I made some constructive comments following guidelines' response to my other comment that fell on common ground..but the RJ didnt like it because it discussed removing all incumbents, restructuring the supreme court, holding all elected officials accountable to in essence general public standards and checks and balances to protect the interests of the people of nevada and not special interests


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    politik wrote on December 16, 2007 05:57 PM: The 2/3 voter law had protections. This same Nevada Supreme Court ruled against the voters of Nevada after they voted in good faith:

    see Guinn v. Legislature of the State of Nevada

    'In reaching its decision, the court made clear that while it lacks the authority to levy taxes, it has a constitutional duty to interpret incompatible constitutional provisions in order to attempt to resolve the problem. Weighing the competing constitutional provisions, the Nevada Supreme Court found that the state constitution clearly expresses the vital role that public education plays in the state'.

    And where does Nevada education rank as a result of that descision? And who benefitted the most from the hundreds of millions of dollars?

    We can not trust the Nevada Supreme court for anything.

    'rules and regulations aimed at keeping most court records open to the public.'

    KEY WORD is MOST broadly interepretted as not in the best interests of the people of Nevada


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    issues wrote on December 16, 2007 05:12 PM: Guidelines presents some good issues. Its one thing to get rid of the bad guys and level the playing field, but checks and balances need to replace the crap left behind.

    Voters and tax payers of nevada can take intitiatives to put those guidelines in place even to the point of new legislation.

    We should hold to voting out all incumbents in the elections to come, investigating all new candidates for ties to the status quo and hold continuously accountable at all times any elected official.

    It takes a little effort, but its the least we can do to take control of this state for the sake of our families.

    There should be a different set of rules for attorneys disguised as plaintiffs. In all cases the interests of justice for the best interest of Nevada citizens should be maintained.

    Sounds goooshy, but nevada voters should have final say on these types of matters and the current supreme court justices routed out and the court restructured to eliminate these crooks from overiding voters for their benefit or the benefit of their special interests if it has to be through prosecution for public corruption by the feds.


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    Disgusted wrote on December 16, 2007 04:38 PM: Guidelines, We are all aware of the information that needs to be kept confidential. Name of a rape victim, so on so forth. I do not think anyone disputes those issues. Unfortunately, that is not what is going on.


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    Guidelines wrote on December 16, 2007 03:17 PM: Issues, no one is saying its a perfect world but the issue is who gets to control the access to information in the Court system: a judge or a reporter? I know where the reporter is going to come down: on the side of everything being public (right SPJ Members?) I know that all litigants are going to want their peccadilloes kept private. The Court is there to balance the interests. Will the Court balance them the way you want? Probably not.

    The issue is not whether all Judges, masters, commissioners, justices always follow the principals of justice. The question is: in what case can certain information be made confidential/sealed. Here's an example which exists in a case currently.... A Defendant to a car accident case decides to use the Courts to slander the parentage of the Plaintiff's 5 and 3 y/o children and publishes photographs of the children, such scandalous and impertinent material directed solely for evil and vile acts under the cloak of immunity from slander in pleadings. Can the Court seal such filth?

    A Plaintiff in a personal injury suit is ordered to undergo a mental health examination to check for malingering. Should we publish the results of mental health examinations?

    A company is sued for software infringement and its proprietary source code is published through pleadings. No protections should be available?

    Once you decide that some protections should be available, decide who gets to provide such protections.

    I understand that there is a perception of corruption. The issue is sealing records. Even if you believe some judges are evil, tell me the system to protect the litigants whose privacy and rights are in jeopardy?


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    ewwwweee wrote on December 16, 2007 02:50 PM: Here go to this site to translate this dudes Russian
    http://ets6.freetranslation.com/


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    коррупция сосет wrote on December 16, 2007 02:35 PM: Текущая система должна быть демонтирована, и коррупция удалена

    ФБР и DOJ исследуют несколько связанных дел коррупции. Приветствовал бы общественную информацию


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    issues wrote on December 16, 2007 01:46 PM: Guidelines; you make some strong points that would work in a perfect world; but for example:quoting you;'Its not wrong for Courts to find that the principles of justice trump the need to know.'
    These courts including the supreme court in all cases do not operate on the 'principals of justice' even to the point of selectively chosing when and when not to follow the Nevada Revised Statutes let alone federal criminal statutes despite the clarity, with confidence that either a litigating attorney or plaintiff will usually drop out of a case in time who challenges the court's ruling or that another appeal would be an abuse of the system.

    As for this comment:'How about this for a Modest Proposal"? When a case is sealed, the Court shall publish a Notice of Sealing Case and can present the same to the Review Journal or any other media outlet, who can then decide whether matters of public interest appear which merit challenging the sealing and can learn the reasons?', remember how the Nevada Supreme Court threw voters under the bus regarding Guinn's tax request?
    To protect their own interests the Nevada Supreme Court will do what it wants to when it wants to despite any reasonable or modest proposal.

    In a perfect world there would be no corruption; but there is corruption in Nevada courts tied to special interests. Its a reality and thats why people are upset.


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    Dave wrote on December 16, 2007 12:30 PM: Miley??



    Miley wants a promotion to the bench of the Eighth District Court.



    I think we can do better.


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