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Attorneys don't hold back on criticism

Survey comments cover caseloads to cronyism

What one respondent called the "uninhibited voice of attorneys appearing before these judges" comes out in the general comments section of the 2008 Judicial Performance Survey.

Courtroom mechanics, decorum and public perceptions are among the targets covered by 111 lawyers who submitted optional written remarks that were not specific to any single judge.


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  • "The controversies we have had in the last year regarding the conduct of several judges is depressing," a respondent wrote.

    "A very, very sad state of affairs for the Judiciary," wrote another.

    Cronyism by judges -- favoring friends and donors in court, or the appearance thereof -- was the most oft-repeated complaint, although respondents vociferously disagreed on whether switching from election to appointment of Nevada judges would lessen cronyism.

    In the way of practical suggestions, one attorney tackled a well-known elevator shortage in the Regional Justice Center, which has attorneys and the public either scrambling up stairs or dawdling in a long elevator waiting line.

    "Reschedule calendars" with staggered start times for various levels of court, to better accommodate the scarce elevator space, the attorney urged.

    Another attorney tackled the split location of family court judges; two have been situated at the Regional Justice Center instead of with the rest at the Family Courts and Services Center, 601 N. Pecos Road.

    "Move something other than family court" to the downtown center, the writer urged, and consolidate the actual courtrooms at the Pecos site.

    The filing system in Justice Court is "broken and needs to be remedied," an irate person wrote. "As attorneys we must answer to our clients, and saying Justice Court lost our pleading again and again is not always a believable excuse, despite it being true."

    The current sharing of civil and criminal caseloads by all District Court judges should end, according to one adamant writer, since not every judge is versatile enough to do both well.

    "Candidates will then know they are running for a criminal track or a civil track, and will file (for office) according to their own skill sets."

    Several attorneys offer solutions for case backlog in District Court.

    Creating more judgeships would reduce docket volume, which would improve the quality of justice, one wrote.

    Or at least create one judgeship strictly for probate and guardianships, another wrote.

    Or, add another discovery commissioner, wrote a third.

    One survey respondent insisted, "Judges should sanction attorneys more often for filing frivolous lawsuits and/or motions, and for violating the rules of professional conduct. ... Too many times have I seen counsel blatantly lie in open court, only to have their behavior condoned by it not being sanctioned."

    Attorneys were asked to review judges, in part, for evidence of bias. But being human themselves, the attorneys also exhibited what might be construed as gender, religious or genealogy bias.

    "We see a trend toward the spawn of judges going on to be judges themselves, at far too young an age to have acquired real life experience and professional experience," griped one lawyer.

    "The female judges (in Family Court) are too emotional and biased, and they try too hard to make everyone happy -- an impossible task," griped another.

    Some judges "tend to rule ... on the basis of LDS affiliation (or nonaffiliation)," wrote an attorney who seems not to belong to the Church of Jesus Christ of Latter-day Saints.

    Adversarial by definition during a trial, attorneys not surprisingly also faced off on the value of the newspaper's judicial performance survey, which is done every other year.

    "I could write a better survey. Take Survey Research 101," one critic cracked.

    On other hand, some colleagues craved an expansion of the R-J survey, so they can review individuals whose judicial positions currently are not covered, including federal judges in Nevada, Nye County district judges, and justices of the peace or municipal judges in Boulder City, Bunkerville, Moapa and Mesquite.

    (The Review-Journal, which started the survey in 1992, formerly included small-town and rural judges and JPs, but quit, because so few lawyers rated them that results were not statistically useful.)

    While you're at it, let us rate hearing masters and commissioners, too, another voice chimed in.

    Contact reporter Joan Whitely at jwhitely@reviewjournal.com or 702-383-0268.

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    Note: Comments made by reporters and editors of the Las Vegas Review-Journal are presented with a yellow background.

    Look What I Found wrote on September 15, 2008 08:23 PM: September 09, 2008 Unpublished orders by the Nevada Supreme Court

    The Las Vegas Sun reports that the Nevada Supreme Court has ordered District Court Judge Donald Mosley to appoint lawyers for two brothers, Gilbert and David Aguilar, and to conduct a new hearing on their post-conviction petitions for writs of habeas corpus. "The Supreme Court said, 'As appellants are serving significant sentences, are indigent, have raised numerous claims that required the investigation of facts outside the record, and faced a significant impediment to litigating those claims with the district court's delay in resolving the petition, we reverse the district court's denial of appellants' petitions....'"


    Geoff wrote on May 30, 2008 08:36 PM: I have a question for the RJ. I know that the attorneys who fill out the questionaire are allowed to make comments on the judges they rate. In the past those comments were published. Are you going to allow the public access to those comments?

    If not why not?


    PW wrote on May 26, 2008 04:54 AM: I care! I know it sometimes seems hopeless. However, the squeeky wheel gets the oil. In otherwords, more people need to speak up about what is wrong. We have a great right in this country to be able to do so; even in Nevada. Recently, an attorney said to me that "everybody lies, that's what keeps attorneys in business." I responded with yea,"especially attorneys." He had no comment.

    Re: Legal Malpractice. You have to first find attorneys that haven't participated in their own deceptions or corruption. Maybe that's why there are so few Legal Malpractice attorneys!


    moblyw wrote on May 24, 2008 07:12 PM: NEVADA HAS THE MOST JUDICIAL SYSTEM CORRUPTION OF ANY STATE IN THE UNION AND NO ONE CARES! PERIOD!


    To Good idea wrote on May 24, 2008 01:46 PM: I'm with you. To often your own attorney sells you out. It is not uncommon for the attorney to be in cahoots with others involved in your case.

    Attorneys want to make money. Well there is a whole area that has gone untouched. Legal Malpractice. Just think attorneys could make a fortune legally. What a concept.


    PW wrote on May 24, 2008 03:35 AM: After further thought, is this a survey or diversion? In my opinion, judges are held to a much higher standard. They are expected to be fair and impartial,and to have knowledge of the laws and rules of court applicable in cases they hear. Last I checked, they are not to rewrite them. Litigants, represented or not, have to follow the law when presenting their case. If the laws and rules are being manipulated by the court, litigants fail to get a fair hearing. This does more than simply negate ones belief in our legal system. In my opinion, if all judges were to be fair and consistent, there would be a sharp decrease in the filing of Appeals and Motions for rehearing; especailly in Family Court where emotions run high. It would also allow people to get on with their lives and not go into deep debt over legal costs. But of course, litigants not returning again and again would mean a decrease in money generated for the courts and by attorneys. So I guess this is moot. No matter how many surveys are taken, whether judges are elected or appointed, it comes down to to one thing, getting one's conscience in check. Otherwise, it will remain being as is, "all about money."


    tmosley wrote on May 23, 2008 08:59 PM: To "Vote for Judge Elliott": While I would not assume to know your mindset or understand your very personal custody battle. The short blog represents, that it is a "battle", which you are gearing up for. In a situation such as this represents and many others where both parents are not focused primarily on the children, but rather on winning or revenge, a 50/50 custody arrangement is definitely not in the child's best interest. The child needs stability and an environment free from acrimony between the two people they most trusted in the world. We should all take note of Solomon to better understand. Family Court Judges take a tremendous amount of criticism primarily because the decisions are so emotionally charged. In addition every case is unique in certain aspects. If Family Court Judges render decisions as consistently as possible and without bias for certain litigants and certain attorneys, then the result is a difficult decision for some yet probably the best possible (under the circumstances) for the child. Having said that, when a Family Court Judge acts with extreme bias and deliberately ignores the laws and the best interests of the child, then it is time for them to take an honest look in the mirror and step away from the tremendous responsibility of Family Court.
    If a child grows up in the atmosphere you describe and is tossed between two angry and calculating parents on a 50/50 custodial arrangement, with no support for each other, the child will suffer. The child will actually mature beyond their years in order to cope and protect what and whom they love most.


    Vote No for Judge Elliott Family Court wrote on May 23, 2008 08:19 PM: Please e-mail me any information You have on Judge Jennifer Elliot that could show the Voters how she has lost her way and should retire, she has other businesses.I am putting together a video and would like to include other parents (Men and Woman) who have video or would like to be on video. Go get your videos of court dates while you can before they mysteriously disapear. Your court records are your best proof because the words you say are best backed up by the proof. It has come to the point now that everything we parents say must be backed up. Always buy or bring a VHS tape when you are in court to give to the balif for your records. Let your Ex know that you will record any and all conversations from here on out and that they have the Miranda right, this must be said every time and can be put on a recording. Any message left on a voluntary basis Cell Phone, Answering machine Third party is voluntary and admisable in court. Make a record of your childrens statements,all events good and bad if you can do this in a casual way and not ask directly. You can say what have you been doing with parent how does that make you feel. Be positive and do not make it worse than it is for them. It is not about us the adults anymore, it is about the children and the importance of a positive life. Not just being the right one or the better one. 50/50 parenting is what kids need and they are worth the effort to get along as parents. Those parents who make the waves are only making Judges and Attorneys $$$$$.familycourt08@yahoo.com



    GoodIdea! wrote on May 23, 2008 01:45 PM: Let's have an uninhibited voice of clients tell what we have experience with sick Nevada lawyers. If you will publish it, we will speak.

    Talk about cronyism, thievery, liars, cowardice...the list is endless


    tmosley wrote on May 23, 2008 10:33 AM: Jack,
    While I cannot comment on every decision involving child support or favortism to women. I can tell you that in contempt of a court order Judge Mosley stopped paying child support in June 1998 when his "son" was almost six years old. This of course seemed too small an issue to fight when custody was finally changed in 2004 as subsequent judges were keenly aware that Judge Mosley didn't want to pay child support. I have no doubt that this will be an issue that sets new precedent in days to come for many reasons. All parents, mothers and fathers should understand that child support doesn't begin to cover the costs necessary to care for your child. Unlike Judge Mosley, it is imperative that feelings are separated from the parent for whom you are paying the support and focus only on the contribution you are making to your child.
    tmosley


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