News

Attorney loses bid to stay on ballot as candidate for justice of the peace

By DOUG MCMURDO
LAS VEGAS REVIEW-JOURNAL
Posted: Mar. 25, 2010 | 12:00 a.m.

Justice of the peace candidate Amber Lynn Candelaria lost her bid to stay on the June primary election ballot Wednesday after District Judge James Bixler ruled the law that requires candidates to be licensed attorneys for five years was "convoluted" but not unconstitutional.

"The constitutional issues are very serious and very real," Bixler said. "But I can't say her rights to equal protection were violated."

Although Bixler ruled against Candelaria, he said her argument was interesting and agreed the laws governing justice of the peace qualifications "raise eyebrows."

Candelaria's candidacy was challenged by Deputy District Attorney Bernard Zadrowski, who is one of four attorneys seeking the newly created Department 14 judgeship. Zadrowski argued any candidate for justice of the peace must be a practicing attorney for at least five years on the day of the election.

Candelaria was licensed to practice law for the first time in October 2006, four years and one month before the November election.

Candelaria's attorney, Daniel Polsenberg, read the law differently, arguing she should have been given credit for all of 2006 because her dues to the Nevada State Bar were for the entire year.

Polsenberg said the law defines years as a licensing period. That would mean Candelaria hit the five year mark in January. "It does raise constitutional eyebrows," he said.

Polsenberg said the intent of the law was to count the year of licensing, not the month. "The Legislature must have been aware of that," he said.

Bixler disagreed.

"I'm an expert at strained construction, but if I adopted what you said I should be run over." Bixler said the fact that the Bar charges attorneys for an entire year instead "doesn't matter. The day you are admitted is your birthday (as an attorney)."

Polsenberg, who regularly argues cases before the Nevada Supreme Court, said he might file an emergency appeal.

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  1. donna.garcia Mar. 25, 2010 | 10:08 a.m. Report Abuse

    Candelaria is not qualified to be a judge--period. Any attorney who practices for that brief of a time period & expects they can perform on the bench is a moron, low moron, or idiot.

  2. Curious Mar. 25, 2010 | 9:10 a.m. Report Abuse

    Polsenberg. Tool. Enough said.

  3. YOUR.RIGHT Mar. 25, 2010 | 6:59 a.m. Report Abuse

    "...the law...requires candidates to be licensed attorneys for five years...Candelaria was licensed...four years and one month".

    Judge Bixler found "The day you are admitted is your birthday".

    Amber Candelaria's argument gives insight into how she would rule as a judge. She already has the blood of innocent children on her hands.

    We litigants under Dept. H while Candelaria was law clerk, already know the damages she has caused us and our children. Because she refused to read evidence, only court minutes, Clark County children's abuse and neglect escalated. Due to wrongful deaths of children under the authority of Dept. H, Ms. Candelaria is named in dozens of violations of NRS 199.340(4).

    Neither do we endorse District Attorney Bernie Zadrowski. District Attorney Christopher Lalli signed a document admitting district attorneys agree to bar "T" cases. These cases hold criminal evidence of child abuse. As a result, the District Attorneys refuse to prosecute chronic child abusers.

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