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The of ’s Newest Justices

On January 7, 2019, two justices joined the Nevada Supreme Court. Justice Elissa F. Cadish and Justice were both sworn in during an inaugural ceremony in Carson City and joined the full court for oral arguments on January 8. On January 10, both women took a ceremonial oath of office at the Clark County Government Center in Las Vegas. While Cadish and Silver are new justices, they are far from new to the practice of law. Both women bring a wealth of education and experience to Nevada’s highest bench, and both have plenty of wisdom to share with Nevada’s attorneys. They shared some of that wisdom and experience with Nevada Lawyer.

JUSTICE ELISSA questioning witnesses and making in 2000. During this period of her arguments. She received her Juris career, Cadish says she learned F. CADISH: A ROAD Doctorate in 1989; the school honored how important both hard work and PAVED WITH GOOD her with the Order of the Coif based attention to detail were to a successful INTENTIONS AND VERY on her academic performance. legal career. At the same time she was working in civil practice, she was HARD WORK LEADS TO Following graduation, Cadish moved to Las Vegas, where she began also involved in the Southern Nevada A PLACE ON NEVADA’S clerking for Judge Philip M. Pro in Association of Women Attorneys, serving as the organization’s HIGHEST COURT the U.S. District Court for the District president from 2004 to 2006. She also of Nevada. This early experience Laying Foundations participated in the Inns of Court and planted the seeds for the growth of her mentored and trained her firm’s newer Justice Elissa F. Cadish was career. Cadish said she both admired attorneys. She volunteered her time born in Brooklyn, New York, but her and respected the way Pro filled the and support to the We the People: the family moved to Queens when she important role of a judge. He was a Citizen and the Constitution program, was just a year old. She relocated huge influence and inspiration to her. which teaches young people about the to New Jersey when she was still “He was always courteous constitution and how it can be used in elementary school. She spent and professional, yet in control of to create change at the community the rest of her childhood in central his courtroom, prepared for every and national level (a program Cadish New Jersey, near the shore, and she hearing, and committed to following remains involved with to this day, as graduated from high school there. the applicable law,” Cadish explained. co-chair of the State Bar of Nevada’s We the People Committee and a board Cadish graduated with honors “I have aspired to follow in his large member of the Nevada Center for from the University of Pennsylvania footsteps ever since. I waited until I felt I had substantial experience as an Civic Engagement). As if that weren’t in 1986, with a Bachelor of Arts enough to keep her hands full, Cadish attorney and then applied for an open degree in political science with was married with young children seat on district court.” a concentration in American at the time. She said that balancing Cadish spent two years clerking government. She then attended the a family life and busy career was for Pro and then entered private University of School of ultimately possible, but that it was practice with a focus on commercial Law, where she was a member of the certainly never easy. litigation and employment law. She Virginia Law Review. Her favorite worked with the Hale Lane Peek class in law school was trial advocacy, Dennison and Howard law firm (a Time on the Bench which was taught by a U.S. magistrate predecessor to the Nevada offices In 2007, Cadish felt the time was judge. Cadish enjoyed the opportunity of Holland & Hart) from 1995 until finally right; she applied for empty the class gave her to practice 2007; she became a shareholder seats in Departments 17 and 18 of

8 Nevada Lawyer March 2019 cases. One of her proudest accomplishments is that the attorneys in three felony criminal The of cases stipulated to have her act as the finder of fact instead of a jury. This circumstance Supreme Court is a rare thing in criminal cases, and Cadish likes to think that the choice was made because both sides knew that she was fair and would make a ruling based firmly on the Nevada’s Newest Justices facts and the law. Advice for Attorneys Cadish is impressed by lawyers who are prepared and civil. It is important to her that attorneys understand their cases and the applicable law, and are professional and courteous. She also urges all attorneys to proofread anything submitted in writing. Not only should the spelling and grammar be correct, but the content should be appropriate. They should discuss the applicable legal authorities without misrepresenting them and show how they apply to the facts of the case. “A brief should include an introduction section, to give a roadmap and outline what you are seeking and why you should win,” Cadish explained. “Understand exactly what you are seeking: if this motion is granted, will it resolve the entire case or only certain claims? Born: Brooklyn, New York; grew Is it just resolving liability or also up in Queeens, New York and damages? Will all parties’ claims be Howell, New Jersey resolved or just some of the parties? Education: University of And then make sure the order Pennsylvania, Philadelphia, accurately reflects the judge’s ruling and the B.A., political science with basis for it.” a concentration in American In oral argument, if a judge asks a government; University of Virginia question, she advises that attorneys answer Law School, J.D., Virginia Law it to the best of their abilities or admit that Review, Order of the Coif they don’t know the answer, but offer to Judicial Positions: Eighth Judicial provide it at a later time. Cadish values District Court, Department 6, honesty as a virtue. “Always be honest appointed (2007), elected (2008 with the court, both in writing and in oral and 2014) Nevada Supreme Court, argument. Do not misrepresent the legal elected (2019) authorities you are relying on,” she said. She also values courtesy. She echoed the words of many others on the bench when stating that attorneys need to protect their the Eighth Judicial District Court early reputations. “Be a vigorous advocate but in the year, but wasn’t appointed. A never compromise your ethics,” she advised. few months later, a vacancy opened up “Your reputation is the most important asset in Department 6 when Judge Joseph you have as a lawyer and it can be quickly majority to retain her seat. In 2014, Bonaventure retired. Undaunted, Cadish lost if you act unethically—and word will she ran again, unopposed. As a district applied again and was ultimately spread among lawyers and judges if you appointed to the position of district court judge, she had an exclusively civil docket until 2009, when she switched to do so.” judge by then-Governor Jim Gibbons. She took the bench in August 2007; in a split civil and criminal docket. Cadish 2008, she was elected by a substantial enjoyed presiding over civil and criminal

March 2019 Nevada Lawyer 9 continued from page 9

The Supreme Court Silver’s Thoughts on a Being a Successful Lawyer of Nevada’s As Silver sees it, a lawyer’s reputation in the legal community is crucial. One’s professional reputation Newest Justices with the bench is priceless. She said that she is always impressed by a lawyer who has the ability to concede when JUSTICE ABBI becoming a serious contender for future the law is against him or her; lawyers judicial offices. who eloquently concede that the law is SILVER: BLUEPRINT Though the race was lost, Silver what the law is gain credibility—and the OF A SUCCESSFUL was far from defeated, and she realized judge will not forget this admission. On JUDICIAL CAREER that it was the right time for her to move the other hand, she said, if a lawyer lies toward one of her long-term career goals. about what a case stands for, or tries to Life and Legal/ In 2003, within six months of losing twist the meaning of the law, the judge Judicial Career the D.A.’s race, she won a competitive cannot trust anything that lawyer says. primary and the general election for a Consequently, judges do not forget a The early foundation for Justice vacant seat on the Las Vegas Municipal lawyer who has not been forthright— Abbi Silver’s legal career was Court, District 6 bench, capturing 62 even years later. constructed in southern Nevada. percent of the vote. Silver also believes that civility Although Silver was born in Voters elected Silver as Las Vegas when dealing with opposing counsel is Philadelphia, she grew up in Boulder Justice of the Peace in 2006, and priceless, as a lawyer never knows who City until 10th grade, when she moved then she won elections to the Eighth is going to become a judge or your boss to Las Vegas. She received a Bachelor Judicial District Court bench in both in the future. She said that there is no of Arts in political science from the 2008 and 2014. (She was unopposed in substitution for being the most prepared University of Nevada, Las Vegas and both races.) Governor attorney in the courtroom. No one should then moved on to the Southwestern appointed her to the Court of Appeals in know the law or the facts of the case School of Law in Los Angeles. During 2015, and he appointed her Chief Judge better than the lawyer presenting it. law school, Silver found her courses in 2017. Unopposed, the voters elected Silver also feels strongly that were informative; Criminal Law was her her to the Nevada Supreme Court bench persuasive briefs and motions should favorite. in January 2018, making her the seventh be written clearly and concisely, in the After graduation, Silver clerked female justice in Nevada history to active voice. She makes all of her law for the Honorable Earle White, Jr. in serve on the Nevada Supreme Court. clerks read The Legal Writer by Judge the Eighth Judicial District Court. It Significantly, no judge in the history of Mark Painter. While the tips are simple, was during her time as a judicial law Nevada, aside from Silver, has presided Silver says reading the book is an easy clerk that she set the goal to eventually at every level in the court system. way to brush up on the basics in just a become a judge. With that aspiration Silver said that the most interesting few hours. in mind, she began to build her legal and longest case that she presided over Her final recommendation to experience and skills. on the district court bench was the lawyers is to take pro bono cases. Silver Silver worked as a Clark County Endoscopy Clinic products liability says there is no better way to gain chief deputy district attorney for nearly case, involving Teva Pharmaceutical experience, become a better advocate 14 years following her clerkship. During Company as a defendant. The verdict and contribute to the legal community. the last five of those years, she served as favored the plaintiffs for almost Pro bono lawyers improve society and chief deputy of the Special Victim’s Unit $110,000,000. Silver said she enjoyed provide the client a great service, while on Domestic Violence and Aggravated watching some of the finest trial at the same time reaping the rewards of Stalking Division. attorneys in the county argue the arguing an appeal. In 2002, Silver made her first case. While she believes that products attempt at elected office, filing for Clark liability cases are complex, she also County district attorney. Following an finds them legally challenging and incredibly expensive, extremely high- interesting. She worked hard for six profile campaign and a hard-fought race, months on that case (while keeping up she lost the Republican primary by a with all of her other cases), and she was wide margin. She described losing the involved in every aspect of it, from PATRICIA D. CAFFERATA’S DA’s race as having been extremely deciding motions in limine to resolving biography can be found on page 6. difficult on a personal level, but said that which instructions would be given prior losing the race also catapulted her into to closing arguments.

10 Nevada Lawyer March 2019