September 2020. Vol. 42, No. 8 The
OFFICIAL PUBLICATION OF THE WASHOE COUNTY BAR ASSOCIATION
Join us on September 9, 2020 on Zoom for the Judicial Forum with the candidates for the Second Judicial District Court
CBA is pleased to present DEPARTMENT 11 DEPARTMENT 13 the upcoming candidates' Paige Dollinger currently serves Judge Bridget Robb is a 4th forum for the Second as Washoe County's generation Nevadan. JudicialW District Court. juvenile delinquency She attended the court master. In this University of Nevada DEPARTMENT 10 role, she has presided and received her Judge Elliott Sattler has been the over more than 8,000 juris doctorate, cum presiding judge in hearings. Prior to her laude, from Santa Department 10 since appointment as a court Clara University. 2013. He has participated master, Paige worked for more than Judge Robb has been as a judge or attorney a decade as a deputy public defender, elected twice to Department 13 and has in over 100 jury trials. and for four years as a deputy district served as the Family Division Presiding Judge Sattler received the attorney in Washoe County. Judge for most of the last five years. highest average score of Greg Shannon was a deputy Aaron Bushur practices primarily all General Jurisdiction district attorney family law in all Judges twice in the 2018 & 2020 for Washoe County Northern Nevada WCBA surveys, and his retention rate in for 25 years, with courts. Aaron 2020 was 97%. substantial experience operates his own The Reno personal injury law firm of in child support, office and is the sole Kathleen A. Sigurdson child protection, employee. Aaron is represents injured people, and civil litigation. married with three both those hurt on the He was chief deputy of the child sons and has resided job and those injured protection team. Greg has been a full- in the area in excess of twenty years since through the neglect of time family court master for nearly six leaving the military. Aaron intends others. Kathleen was years, primarily hearing child support to bring much needed change to the admitted to the State Bar cases but experienced in all aspects of Department. of Nevada in 1998 and the State Bar of family court. Arizona in 1999.
`` RANDOM CONVERSATIONS ACROSS THE COURTS JUDICIAL APPELLATE LAW LIBRARY/ MILLENNIAL PEOPLE THOUGHTS ON DISCOVERY LINE SURVEY BRIEFS PRO BONO MINUTE PG 2 PG 3 PG 6 PG 8 10 PG 12 PG 14 PG 15 PG 16 Random Thoughts
Chandeni Sendall President 2020: Election Season Begins
s fall approaches, the sun The Nevada Legislature has already the third branch of government is an begins to set earlier each attempted to address certain aspects important check on the legislative and day, the new school year of criminal justice reform during the executive branch, which are representative rollsA ahead, and many of us still find recent Special Session, and it appears the of the people but often politically ourselves in the same “new” COVID-19 topic will continue to be evaluated and influenced by their electorate base. pandemic-laden routine. Yet, aside debated both at the lawmaking level in The judiciary on the other hand, while from the pandemic and smoke filling Carson City and the law enforcement elected, is intended to be nonpartisan, our skies, a lot has changed over the past level. Certainly, the outcome of our and is tasked with even-handedly few months. As we head into a tense upcoming election in November is likely relying on the Constitution and sound and quickly approaching November to influence our elected representatives’ jurisprudence for guidance in interpreting presidential election, calls for criminal positions regarding the recent protests and determining whether laws challenged justice reform within our community and calls for criminal justice reform. are constitutional. It is an important role and nationally are taking center stage After this election is over, if any that arguably is one of the most important and largely influencing the political additional bills reforming the current checks on the power of the legislative and rhetoric of elected officials from local criminal justice system are passed, it will executive branches. candidates all the way to the presidency. be in large part due to the representative In that regard, here in Northern Our fundamental structure of make up of those elected officials that Nevada, the WCBA is holding a live government plays a crucial role in remain in office, and those that are virtual Judicial Candidate Forum on the implementation of new laws and newly elected. Wednesday, September 9, 2020. The the amendment of existing laws. The Fourteenth Amendment judicial candidates running for Second American system of representative jurisprudence requires that equal justice Judicial District Court Departments governance relies on those elected to under the law be afforded to all people. 10, 11 and 13 will be providing brief hold office to reflect the interests of The very words, “EQUAL JUSTICE statements and answering pre-submitted their constituents. Our government is UNDER LAW,” are engraved above questions from WCBA members. Please made up of representatives who seek the front entrance of the United States consider participating in this free Zoom election based upon party principles Supreme Court building in Washington webinar event to hear from the judicial and ideologies. These representative D.C. As attorneys representing the candidates directly. No registration is legislators and executive officeholders interests of our clients, it is our duty to required, the link has been sent via email are of course motivated by furthering ensure that we do our part so that the law to all WCBA members. If you would like the interests of those that elected them is indeed equally and justly applied to all. to submit a question for the candidates, into office. However, as the interests In Nevada, the judiciary is elected please email Executive Director Gina and viewpoints of the American people to interpret those laws passed by our MacLellan at [email protected]. change, so should the representative legislators and enforced by our executive I wish you all a healthy beginning to actions of their elected officials. branch. The role of the judiciary as the fall season.
JENNA GARCIA, EDITOR PRESIDENT CHANDENI SENDALL e GINA MACLELLAN, MANAGING EDITOR VICE PRESIDENT JACEY PRUPAS ANNUAL SUBSCRIPTION RATE FOR NON-MEMBERS OF WCBA: $36 SECRETARY RYAN LEARY TREASURER THERESE SHANKS THE WRIT IS THE OFFICIAL PUBLICATION OF THE WASHOE COUNTY BAR ASSOCIATION WCBA, P.O. BOX 1548, RENO NV 89505 SERGEANT-AT-ARMS JENNA GARCIA TEL: 775-786-4494 FAX: 775-324-6116 EXECUTIVE DIRECTOR GINA MACLELLAN ARTICLES APPEARING IN THE WRIT EXPRESS THE VIEWS OF THE AUTHORS AND NOT NECESSARILY THOSE OF THE WCBA. FOR ADVERTISING CALL THE WRIT AT 775-786- WWW.WCBAR.ORG E-MAIL: GINA @WCBAR.ORG 4494. WCBA RESERVES THE RIGHT TO ACCEPT OR DENY ANY ADVERTISING.
2 September 2020, Vol. 42 No. 8 CONVERSATIONS ON DISCOVERY By Wesley M. Ayres, Discovery Commissioner
he fiduciary exception to current trustees. Mr. Lubbers resigned then sought extraordinary relief to the attorney-client privilege from his role as trustee in 2017, and protect the disputed documents and to was addressed in a previous died six months later. See id. at 3-4, 464 require their return or destruction. See article.T When that article was written, P.3d at 117-18. id. at 4-6, 464 P.3d at 118. the Nevada Supreme Court had not yet During discovery proceedings, the Because the district court order was considered this subject. But our high former trustees inadvertently disclosed to compel the disclosure of allegedly court recently analyzed this issue for the documents containing Mr. Lubbers’ privileged information and the case first time inCanarelli v. Dist. Court, 136 notes. One group of documents was presented issues in need of clarification, Nev. Adv. Op. 29, 464 P.3d 114 (2020). comprised of his notes pertaining to a the supreme court exercised its discretion Unfortunately for me, the court came to telephone call with counsel to discuss to consider the petition. See id. at 7-8, the opposite conclusion that I reached in the beneficiary’s petitions, his responses 464 P.3d at 119; see also Diaz v. Dist. my analysis. The decision also discusses to those petitions, and potential Court, 116 Nev. 88, 93, 993 P.2d 50, application of the common-interest strategies for defending against certain 54 (2000) (noting that “the opportunity exception to the attorney-client privilege allegations. These documents included to define the precise parameters of and the work-product doctrine in the his typed notes in preparation for the [a] privilege conferred by a statute fiduciary context. Trustees and attorneys call as well as his handwritten notes that this court has never interpreted” should familiarize themselves with the contemporaneously memorializing the is a circumstance warranting writ court’s conclusions and analysis so they call. A second group contained his notes relief) (alteration in original) (internal fully understand the extent to which contemporaneously memorializing a quotation marks omitted). The court their communications are confidential. subsequent meeting he attended in late then stated the standard of review The decision concerned a dispute 2013 with the other trustees, counsel, for discovery matters, explaining that between the beneficiary and trustees the beneficiary, and an independent appellate courts will not disturb a of an irrevocable trust. The trustees trust appraiser. The trustees argued discovery ruling unless the district were the beneficiary’s parents and their that both groups of documents were court clearly abused its discretion. See attorney, Edward Lubbers. Among protected from disclosure by the Canarelli, 136 Nev. Adv. Op. 29 at 8, other property, the trust owned interests attorney-client privilege and the work- 464 P.3d at 119 (quoting Club Vista in the parents’ business entities. In product doctrine, and they tried to “claw Fin. Servs., LLC v. Dist. Court, 128 Nev. 2012, the beneficiary claimed that the back” those documents. The discovery 224, 228, 276 P.3d 246, 249 (2012)). trustees were acting in bad faith, and commissioner determined that only Findings of fact will not be set aside he threatened to sue them over certain some of the information in the first unless they are clearly erroneous or trust-related decisions and to have them group of documents was protected, and not supported by substantial evidence, removed as trustees. In 2013, the parents that notes containing factual statements while conclusions of law—including resigned as trustees. One week later, or information unrelated to the trust the meaning and scope of statutes—are Mr. Lubbers, the sole remaining trustee, were discoverable. To the extent that reviewed de novo. See id. entered into a purchase agreement to sell factual statements were intertwined with The court then discussed whether off the trust’s ownership in the parents’ protected information, the documents the attorney-client privilege would business entities. The beneficiary then were found to be discoverable because protect the first group of documents. filed a petition asking the district court of the fiduciary and common-interest The court emphasized that the privilege to compel Mr. Lubbers to provide all exceptions to the attorney-client exists “to encourage clients to make full information related to the purchase privilege and the substantial-need disclosure to their attorneys in order to agreement, as well as an inventory and exception to the work-product doctrine. promote the broader public interests accounting for the trust. Mr. Lubbers Documents in the second group were of recognizing the importance of fully hired counsel, and communicated found to be discoverable based on informed advocacy in the administration with them via phone and email prior the substantial-need exception to the of justice.” See id. at 8, 464 P.3d at 119- to filing his response to the petition. work-product doctrine (to the extent 20 (quoting Wynn Resorts, Ltd. v. Dist. The beneficiary subsequently filed a that the doctrine applied at all). The Court, 133 Nev. 369, 374, 399 P.3d supplemental petition alleging breach district court generally adopted the 334, 341 (2017)). In that regard, NRS of fiduciary duty against the former and commissioner’s findings. The trustees 49.095(1) makes clear that the privilege
September 2020, Vol. 42, No. 8 3 protects confidential communications have to prove that the refused to adopt a fiduciary exception by “[b]etween the client or the client’s client spoke each and judicial decree,” and it likewise declined representative and the client’s lawyer or every word written to do so. See id. at 13, 464 P.3d at 121; the representative of the lawyer.” NRS in his or her notes see also Wells Fargo Bank v. Super. Court, 49.095(3) extends protection to any to counsel verbatim. 990 P.2d 591, 596 (Cal. 2000); Crimson confidential communications “[m]adefor the Such a requirement Trace Corp. v. Davis Wright Tremaine purpose of facilitating the rendition of would lead to LLP, 326 P.3d 1181, 1195 (Or. 2014); professional legal services to the client, the unreasonable Huie v. DeShazo, 922 S.W.2d 920, 924- by the client or the client’s lawyer to a result of permitting 25 (Tex. 1996). lawyer representing another in a matter the disclosure The common-interest exception is of common interest.” The court clarified of confidential statutorily recognized in Nevada, and that “[m]ere facts are not privileged, information that was it precludes application of the attorney- but communications about facts in not orally conveyed client privilege “[a]s to a communication order to obtain legal advice are.” See exactly as it was relevant to a matter of common interest id. at 9, 464 P.3d at 120 (quoting Wynn recorded on paper, or between two or more clients if the Resorts, 133 Nev. at 374, 399 P.3d at vice versa. . . . communication was made by any of 341). Of course, the party asserting the them to a lawyer retained or consulted privilege has the burden to prove that Id. at 11, 464 P.3d at 120-21 in common, when offered in an action the material is in fact privileged. See (citation omitted). In that regard, the between any of the clients.” See NRS id. While privileges must be interpreted declarations of Mr. Lubbers’ attorneys 49.115(5) (2019). But in that regard, and applied narrowly, “the attorney and and their billing records were sufficient Mr. Lubbers’ attorneys were not retained client must be able to predict with some proof that Mr. Lubbers’ notes showed or consulted in common, and an degree of certainty whether particular communications with counsel. The attorney’s representation of a trustee as a discussions will be protected.” See id. court also held that the factual fiduciary does not result in an attorney- (quoting Upjohn Co. v. United States, information contained in those notes client relationship between the attorney 449 U.S. 383, 393 (1981)). was relayed in order to obtain advice and the beneficiary. See Canarelli, 136 The primary issue presented with the about how to respond to the beneficiary’s Nev. Adv. Op. 29, at 14, 464 P.3d at first group of documents was whether petitions, so those portions of the notes 122; see also NRS 162.310 (2019). In an individual’s notes must actually be remained protected. See id. at 11-12, addition, the beneficiary’s allegations delivered to the attorney before they 464 P.3d at 121. that the trustees had acted in bad faith will be deemed “communications” for The beneficiary argued that the and had breached their fiduciary duty purposes of NRS 49.095. The supreme fiduciary exception and the common- to him showed that Mr. Lubbers was court agreed with federal courts that interest exception to the attorney-client adverse to the beneficiary when he to give full force to the attorney-client privilege precluded application of the communicated with his attorneys, so privilege, the physical delivery of notes privilege to the first group of documents. those communications did not relate is not required, “so long as the content With regard to the former, the supreme to a matter of common interest. See of the notes was previously or is court observed that under NRS 49.015, Canarelli, 136 Nev. Adv. Op. 29, at 14, subsequently communicated between a privileges in Nevada are recognized 464 P.3d at 122. The court recognized client and counsel.” See id. at 10, 464 only as required by the federal or state that a beneficiary ordinarily may inspect P.3d at 120. Based on the date and constitutions or by a specific statute. a trust’s books and records, but it declined content of the first group of documents, The statute identifying exceptions to the to extend that rule to allow inspection the court concluded that the content of attorney-client privilege does not include of the trustee’s communications with the notes Mr. Lubbers prepared before a fiduciary exception,see NRS 49.115 counsel when that trustee is adverse his call with counsel, as well as the notes (2019), and the court deemed that to the beneficiary. A contrary holding that were taken during that call, were omission intentional. See Canarelli, 136 would discourage trustees from seeking communicated between Mr. Lubbers Nev. Adv. Op. 29, at 12, 464 P.3d at 121 legal advice, provide a disincentive for and counsel for purposes of NRS (noting that “[t]he maxim ‘EXPRESSIO individuals to serve as trustees, and 49.095. The kind of proof needed to UNIUS EST EXCLUSIO ALTERIUS,’ impact the advice attorneys provide to make that showing was also addressed: the expression of one thing is the their trustee clients. See id. at 14-15, exclusion of another, has been repeatedly 464 P.3d at 122. [W]e emphasize that confirmed in this State”). Moreover, With regard to the second group the party asserting jurisdictions with statutory privileges of notes prepared by Mr. Lubbers, the the privilege does not like Nevada “have overwhelmingly trustees argued that the documents were
4 September 2020, Vol. 42 No. 8 protected by the work-product doctrine, v. Dist. Court, 111 Nev. 345, 358, 891 allowing the beneficiary to retain them. which extends protection to documents P.2d 1180, 1188 (1995)). Accordingly, both the first and second “that are prepared in anticipation of As explained above, Mr. Lubbers groups of documents were protected from litigation . . . by or for another party.” See prepared the second group of documents disclosure, and the supreme court issued NRCP 26(b)(3)(A). The supreme court after the beneficiary had accused the a writ prohibiting the district court from explained that “documents are prepared trustees of acting in bad faith; in fact, compelling or allowing their production. in anticipation of litigation when in light he had expressly characterized those See id. at 17-18, 464 P.3d at 123. of the nature of the document and the allegations as “lawsuit threatened.” factual situation in the particular case, Further, the beneficiary’s original the document can fairly be said to have petition contained adversarial allegations Wes Ayres is the Discovery been prepared or obtained because of and required a response with legal Commissioner for the Second Judicial District Court. the prospect of litigation.” See Canarelli, implications. On this record, the His columns are online and 136 Nev. Adv. Op. 29, at 15, 464 P.3d at supreme court concluded that Mr. searchable at wcbar.org. 122 (quoting Wynn Resorts, 133 Nev. at Lubbers anticipated litigation when 384, 399 P.3d at 348 (internal quotation he prepared these notes. See id. at 16, marks and citation omitted)). But work 464 P.3d at 123. In addition, the court product may be discoverable if the party observed that the beneficiary attended seeking discovery can show “that it has the meeting to which these notes related, substantial need for the materials to and that he could depose one of the other prepare its case and cannot, without attendees to obtain any information undue hardship, obtain their substantial he might have missed. Therefore, he equivalent by other means.” See NRCP did not have substantial need for the 26(b)(3)(A)(ii). In that regard, “[a] mere second group of documents. Since those assertion of the need will not suffice.”See documents were protected work product Canarelli, 136 Nev. Adv. Op. 29 at 16, and the substantial-need exception did 464 P.3d at 122-23 (quoting Wardleigh not apply, the district court erred in
September 2020, Vol. 42, No. 8 5 ACROSS THE LINE By Steven C. Gross, Porter Simon Uber and Lyft Drivers deemed to be Employees Who's Next?
ber and Lyft drivers the work and in fact. (B) The person of their businesses. Defendants’ are employees, not performs work that is outside the usual insistence that their businesses independent contractors, course of the hiring entity’s business. are “multi-sided platforms” rather accordingU to Judge Ethan P. Schulman (C) The person is customarily engaged than transportation companies of the San Francisco Superior Court. in an independently established trade, is flatly inconsistent with the Judge Schulman issued an injunction occupation, or business of the same statutory provisions that govern on Monday, August 10, 2020 requiring nature as that involved in the work their businesses as transportation Uber and Lyft to reclassify and treat performed.” (Labor Code § 2750.3(a) network companies, which are their drivers as employees. (1)) defined as companies that “engage The lawsuit was filed on May 5, Uber and Lyft argued that they are in the transportation of persons 2020, by the Attorney General of not “hiring entities” within the meaning for compensation.” It also flies California and was joined by the City of A.B. 5 or, alternatively, that they in the face of economic reality Attorneys of Los Angeles, San Diego are exempt from the statute. Judge and common sense. And it is and San Francisco. Together, they Schulman was not going to have any irreconcilable with the Supreme sought injunctive relief, restitution, and of it. He stated that such an argument Court’s directive in Dynamex that penalties. The complaint alleges that “flies in the face” of Uber’s federal California’s employee classification Uber and Lyft misclassified their drivers court lawsuit filed days after A.B. 5 was standard should be interpreted as independent contractors rather than enacted asserting that its business was broadly to include all persons employees in violation of California’s unfairly targeted by A.B. 5. He also who can reasonably be viewed Assembly Bill 5 (A.B. 5), found as pointed out that Uber and Lyft are major as working in the hiring entity’s California Labor Code § 2750.3. A.B. 5 supporters of Proposition 22, a measure business. To state the obvious, took effect on January 1, 2020. A.B. 5 is on California’s November 2020 ballot drivers are central, not tangential, intended to ensure that all workers who that would exempt them from A.B. 5. to Uber and Lyft’s entire ride- meet the criteria of the law receive the With respect to their claim that they hailing business.” basic rights and protections guaranteed weren’t “hiring entities” Judge Schulman Immediately following the ruling, to employees under California law. The declared that such an argument “cannot Uber and Lyft expressed their intent complaint also alleged violations of be squared with the undisputed reality to appeal it. I expect that by the time California’s Unfair Competition Law. that they hire and contract with drivers." this article has gone to print and is read, Whether Uber's and Lyft’s drivers In determining whether Uber and Uber and Lyft will have filed their appeal should be classified as employees or Lyft could demonstrate that the three and this particular battle will rage on. independent contractors is governed conditions of the ABC Test were satisfied, However, Uber and Lyft are fighting by the “ABC Test” established by Judge Schulman looked no further than this battle on thousands, yes thousands, the California Supreme Court in the “B” prong of the test. He found of fronts. Uber is awaiting the outcome its unanimous decision in Dynamex that Uber and Lyft could not possibly of an appeal pending before the Operations West, Inc. v. Superior Court demonstrate that the drivers are outside Ninth Circuit in Olson v. Bacerra, an (2018) 4 Cal.5th 903. The ABC Test of the usual course of their business. action in which Uber is challenging requires that a person providing labor According to him, the likelihood that the constitutionality of A.B. 5. As or services for remuneration “shall the Attorney General City Attorneys mentioned above, Uber and Lyft are be considered an employee rather would prevail was so overwhelming that spending millions of dollars trying to than an independent contractor” there was no need for him to consider convince California voters to support unless the hiring entity establishes the “A” and “C” prongs of the test. Proposition 22, which would classify that the following three conditions certain app-based drivers as independent are satisfied: (A)“ The person is free Judge Schulman declared, contractors. Uber and Lyft are parties to from the control and direction of the myriad other cases in state and federal hiring entity in connection with the “It’s this simple: Defendants’ courts, including claims brought under performance of the work, both under drivers do not perform work California’s Private Attorney General Act the contract for the performance of that is “outside the usual course” (PAGA) and thousands of arbitrations.
6 September 2020, Vol. 42 No. 8 The stakes for Uber and Lyft Lyft as affronts to their businesses. more Nevadans, we may see a push to couldn’t be any higher – their entire When the legal dust settles in bring more workers within the safety business model, i.e. - their businesses, California, what will happen in Nevada? net of unemployment benefits. One are at risk. By treating their drivers as Will the resolution of countless legal way to do that would be to make independent contractors, they make battles challenging the classification more of them employees and fewer millions avoiding the costs associated of drivers as independent contractors independent contractors. Time will tell. with paying minimum wage, carrying affect the Silver State? Will a growing gig workers’ compensation insurance and economy have the rug pulled out from This article is for informational purposes only unemployment insurance, providing underneath it? Time will tell, or will it? and not for the purpose of providing legal rest and meal periods, paid sick leave Under current Nevada law, Uber's advice. This article contains the personal and paid family leave, including and Lyft’s independent contractor views and opinions of the author only as to California law, and does not necessarily reflect emergency sick leave and extended paid drivers are treated, well, as independent those of the Washoe County Bar Association or family leave under the Families First contractors. Currently, there is no push the Porter Simon law firm. The author makes Coronavirus Response Act. On the flip in the Legislature to change the status no claims, promises or guarantees about the side, all of Uber's and Lyft’s independent quo. While ideas on how to “protect” accuracy, completeness, or adequacy of the contractor drivers don’t receive those workers may be incubating, the ultimate contents of this article and expressly disclaims benefits. Those independent contractors drive for them may not come from liability for any errors and omissions in this also have no protection against unlawful California. publication. harassment and discrimination. As elsewhere in the county, Nevada Despite the lack of protections, is experiencing a plethora of applications Steven C. Gross is an attorney practicing in countless independent contractor for unemployment benefits. Of course, California and Nevada, drivers support this business model and this is driven by the COVID-19 and is a principal in the want to see it thrive. They like working pandemic and its catastrophic impacts Porter Simon law firm independently. They want to decide to our economy. Many of those located in Truckee, with for themselves when and how they will who apply won’t be eligible and offices in Reno and Tahoe work. They want to decide how much won’t receive benefits. Those who are City. He practices primarily in the areas of money they make. They like not having independent contractors won’t qualify, public agency and employment law. Steve to report to supervisors. They don’t want at least not based on previous earnings as may be reached at [email protected] or bosses looking over their shoulders. For independent contractors. at the firm’s web site www.portersimon.com. © 2020 them, this business model works. They As the economic impacts from the see these legal actions against Uber and pandemic are felt deeper and wider by
September 2020, Vol. 42, No. 8 7 C O U R T S
Jury Trial Update from the proceedings through audio-visual please contact the judicial department to Second Judicial District Court hearings, though some of us (myself discuss re-scheduling the trial. AO 2020- included) are now coming into our 02(D) vacated all criminal jury trials Friends: offices to conduct business. The District scheduled to begin before September I came to you last on behalf of the Court is aware not everyone has the 21, 2020. AO 2020-02(D) establishes Second Judicial District Court (“the technical ability to appear remotely. For criteria for the type of criminal jury District Court”) in the May issue of The this reason, we have recently begun the trials we will attempt to conduct, and Writ. I discussed both the initial triage process of allowing in-person hearings the number of simultaneous trials the District Court undertook to respond on a limited basis. If good cause exists the District Court can accommodate. to the COVID-19 pandemic, and the for such a hearing, a judge can schedule Defendants who have invoked their actions we anticipated taking as the year the in-person hearing beginning in Constitutional right to a speedy trial, progressed. At the conclusion of my August.1 The Judges of the District Court their statutory right to a trial within article, I noted the one core function continue to meet weekly. The Recovery sixty (60) days, and are in-custody at of our justice system the District Court Committee continues to work toward the Washoe County Jail will be given could not conduct safely was jury trials. opening our buildings to the public we priority. Further, the District Court will Much has changed since that first article; serve when necessary and to improve conduct no more than one trial per week therefore, I come to you again with an remote operations. until we are able to confirm our ability update. The most exciting news for the to conduct trials in a way that meets Governor Steve Sisolak has issued District Court is we are beginning the all the safety requirements established many modifications of his initial process of recommencing jury trials. in footnote 2. The District Court has Stay Home for Nevada directives. Chief Judge Freeman has entered a identified several cases that may be The District Court has continued to series of Administrative Orders (“AO”) suitable for a jury trial on September monitor these changes and adapt to the incrementally vacating jury trials since 21, 2020. There are others that will be new standards. The District Court has March.2 In the early summer, the District available for the following weeks. continued to be open and operational, Court felt our ability to attempt jury trials The recommencement of jury trials is even though our physical structures would develop soon. We created two jury an exciting development. It also presents mostly remain closed to the public. Our trial committees to make suggestions to numerous health and logistical issues the employees continue to work primarily the Bench on what they felt would be District Court, with the assistance of the from home; however, some employees best practices for future trials.3 These JTC, is working through. Of principal come to the courthouse to perform jobs committees reported back to the District concern is the health and safety of all which must be performed on site or Court by providing two reports on July persons who are involved in a jury trial. because the employee prefers to be on 6, 2020. The District Court reviewed This includes the members of the venire, site. This flexibility enables those who their suggestions and concluded it would the parties, the attorneys, witnesses who work better from the office for various be important to continue the work of are required to respond to a subpoena, reasons to be present in the building. reinstituting jury trials in a collaborative and our District Court staff. If we We have strict protocols regarding social fashion with the members of the local cannot conduct a trial in a reasonably distancing, hand-sanitizing stations, bar. We created a committee of the whole safe fashion the trial must be delayed. mandatory face-coverings, temperature with almost all the members of the two The JTC is reviewing numerous checks, and a limit on how many people initial committees. Additionally, we have variables in anticipation of the September are in the building at a given time. All added Judge Steinheimer (as our Chair), 21, 2020 trial. It has been suggested these restrictions are closely monitored. Judge Breslow, Judge Simons, and me the District Court conduct follow-up Our facilities are also subject to frequent as members. The Jury Trial Committee screening for one hundred and fifty (150) cleaning and sanitizing. (“JTC”) meets every Friday at lunch.4 previously qualified venire members. Chief Judge Scott N. Freeman AO 2020-02(D) vacates all civil jury These are people who were ready to be (“Chief Judge Freeman”) has continued trials scheduled to begin on or before called to service prior to the outbreak to lead us through this turbulent event. October 31, 2020. If you have a civil of COVID-19. The District Court is Judges continue to conduct their court jury trial scheduled in this window, sending these individuals a supplemental
8 September 2020, Vol. 42 No. 8 questionnaire to gauge whether they can, for Disease Control (“CDC”), National or would, be willing to come in and serve. Council of Juvenile and Family Court Judges Chief Judge Freeman will be sending (“NCJFCJ”), and Washoe County Health the potential venire members a letter District (“WCHD”) guidelines. 3There was a criminal committee and a with the supplemental questionnaire civil committee. The two committees were stressing the importance of jury service, comprised of representatives from firms and and the precautions the District Court is agencies who appear in the District Court. taking to reasonably protect their safety 4The JTC members are John Arrascada, as they access the courthouse. The JTC Marilee Cate, Edward Lemons, Joseph is evaluating the feasibility of using an Goodnight, Evelyn Grosenick, Kaili Lane alternate location to 75 Court Street (Jury Commissioner), Jacey Prupas, Mark for the jury trial. This may enhance our Simons, Matthew Sharp, Orrin Johnson, ability to call more citizens at one time Marc Picker, Roger Doyle, Sarah Ferguson, Stephen Osborne, Deputy Kristin Vietti to participate in the voir dire process. (Washoe County Sheriff’s Office), William Finally, the JTC has created a public Jeanney, Julie Wise (Assistant Court outreach sub-committee. The purpose of Administrator) and Zach Young. the sub-committee is to inform the public the steps the District Court is taking to protect their safety and encourage them to come and serve as jurors. The resumption of jury trials is truly a work in progress. The District Court would like to express our appreciation to all the members of the JTC who have provided their time and insight into this process. We will strive for the resumption of jury trials on September 21, 2020; however, we are cognizant of the fact many of the variables associated with this date are out of our control. The overriding focus will always be safety and following the guidance from our healthcare professionals. The JTC would appreciate any insight you may care to offer.
Stay Safe. Stay well. Elliott A. Sattler District Judge Second Judicial District Court
1These in-person hearings are the significant exception to the District Court’s preference for simultaneous audio-visual hearings conducted remotely for all participants. The in-person hearing requires approval of the assigned Judge, and all parties who appear in the building must meet stringent safety parameters. 2All Administrative Orders can be found on the District Court’s website at www. washoecourts.com. The AO addressing the continuance of jury trials are AO 2020-2 (Mar. 16, 2020); AO 2020-02(A) (Apr. 9, 2020); AO 2020-02(C) (June 11, 2020); and AO 2020-02(D) (July 24, 2020). The AO were entered because it was determined the District Court could not safely comply with the Stay Home for Nevada, Centers
September 2020, Vol. 42, No. 8 9 Washoe County Bar Association Releases 2020 Judicial Performance Survey Results WCBA conducted its thirteenth version of the Judicial Performance Survey. The Bar created and conducted the first Judicial Performance Survey in 1994 and has conducted the survey every two years since that time. Patricia Halstead, a former president of the Washoe County Bar Association, served as the Chair of the Survey, and once again the survey was conducted by BallotBoxOnline. We would like to thank the attorneys who participated in the survey. WCBA is grateful for the services of Jim Proctor and Andy Robinson at Meridian Advantage for compiling the data to be reported to the judges and to the public through the media. Meridian Advantage prepares confidential reports for each judge that include an individual scoring sheet with the confidential comments for that particular judge.
WASHOE COUNTY BAR ASSOCIATION JUDICIAL SURVEY 2020
Should this judge be retained? Performance Score Average Yes No Supreme Court Justice Elissa Cadish - 85.2% 14.8% Justice Mark Gibbons - - - Justice James Hardesty - 88.5% 11.5% Justice Ron Parraguirre - 86.7% 13.3% Justice Kristine Pickering - 90.2% 9.8% Justice Abbi Silver - 70.0% 30.0% Justice Lidia Stiglich - 92.8% 7.2%
Nevada Court of Appeals Judge Bonnie Bulla - 68.2% 31.8% Judge Michael Gibbons - 84.8% 15.2% Judge Jerome Tao - 47.6% 52.4%
General Jurisdiction Judge Kathleen Drakulich (Dept. 1) 4.5 95.5% 4.5% Judge Jerry Polaha (Dept. 3) 4.1 86.9% 13.1% Judge Connie Steinheimer (Dept. 4) 3.9 75.5% 24.5% Judge Lynne Simons (Dept. 6) 3.9 80.6% 19.4% Judge Egan Walker (Dept. 7) 4.1 82.5% 17.5% Judge Barry Breslow (Dept. 8) 3.8 70.9% 29.1% Judge Scott Freeman (Dept. 9) 4.2 92.2% 7.8% Judge Elliott Sattler (Dept. 10) 4.6 97.2% 2.8% Judge David Hardy (Dept. 15) 4.2 87.9% 12.1%
Family Division Judge Dixie Grossman (Dept. 2) 4.7 97.8% 2.2% Judge Cynthia Lu (Dept. 5) 4.1 88.1% 11.9% Judge Chuck Weller (Dept. 11) 2.8 - - Judge Sandra Unsworth (Dept. 12) 4.4 94.4% 5.6% Judge Bridget Robb (Dept. 13) 3.9 78.6% 21.4% Judge Tamatha Schreinert (Dept. 14) 4.5 100.0% 0.0%
10 September 2020, Vol. 42 No. 8 WASHOE COUNTY BAR ASSOCIATION JUDICIAL SURVEY 2020
Should this judge be retained? Performance Score Average Yes No
Court Commissioners Discovery Commissioner Wesley Ayres 4.7 - - Probate Commissioner Edmund Gorman, Jr. 4.5 - -
Court Masters - Family Division Amy Banales 4.4 - - Paige Dollinger 4.5 - - Alison Testa 4.0 - - Greg Shannon 3.2 - -
Justice of the Peace – Washoe County Judge E. Alan Tiras (Incline Village) 4.2 69.2% 30.8% Judge Derek Dreilling, (Reno Dept. 1) 4.3 100.0% 0.0% Judge Pete Sferrazza, (Reno Dept. 2) 2.8 32.4% 67.6% Judge Ryan Sullivan, (Reno Dept. 3) 4.1 76.2% 23.8% Judge Scott Pearson, (Reno, Dept. 4) 4.4 97.3% 2.7% Judge David Clifton, (Reno, Dept. 5) 4.2 86.8% 13.2% Judge Pierre Hascheff, (Reno, Dept. 6) 4.2 87.8% 12.2% Judge Chris Wilson, (Sparks, Dept. 1) 3.8 74.1% 25.9% Judge Kevin Higgins, (Sparks, Dept. 2) 4.2 94.1% 5.9% Judge Jessica Longley, (Sparks, Dept. 3) 4.3 89.5% 10.5% Judge Terry Graham, (Wadsworth) 4.0 87.5% 12.5%
Municipal Courts – Washoe County Judge Gene Drakulich (Reno, Dept. 1) 4.2 88.9% 11.1% Judge Shelly O’Neill (Reno, Dept. 2) 4.2 81.0% 19.0% Judge Dorothy Nash Holmes (Reno, Dept. 3) 4.2 76.9% 23.1% Judge Tammy Riggs (Reno, Dept. 4) 4.4 84.6% 15.4% Judge Barbara McCarthy (Sparks, Dept. 1) 4.5 100.0% 0.0% Judge James Spoo (Sparks, Dept. 2) 3.9 80.0% 20.0%
September 2020, Vol. 42, No. 8 11 APPELLATE BRIEFS By Adam Hosmer-Henner, McDonald Carano
A PICTURE (IN A DISSENT) IS WORTH A THOUSAND WORDS
n a previous article in June 2020, Raridan is a claim preclusion second case was “just a second attempt I predicted that the Nevada opinion about two cases and two walls: by [appellant] to avoid paying the costs Supreme Court would issue an a retaining wall owned by appellant and involved in repairing its retaining wall.” affirmanceI inRock Springs Mesquite II an adjacent masonry wall owned by the Id. at 110 (Silver, J., dissenting). As an Owners’ Association v. Raridan, Case No. respondents and their predecessors. Id. at exclamation point, the dissent included 77085, which was an appeal that had 106. In the first case, appellant sued for three photographs showing the two been pending since August 15, 2019. damage to its retaining wall and the jury walls crumbling on top of one another. The next week after that prediction was rendered a verdict against appellant. Id. Id. (remarking that the photographs written and submitted for publication, In the second underlying case, appellant showed that “any attempt by [appellant] the Nevada Supreme Court issued an sued for declaratory relief, seeking to to repair its retaining wall would likely opinion reversing the district court. disclaim any liability to respondents cause damage to the [respondents’] Rock Springs Mesquite II Owners' Ass'n caused by appellant’s repair or removal wall.”) v. Raridan, 136 Nev. Adv. Op. 28, 464 of the retaining wall. Id. The district The Supreme Court has issued a series P.3d 104 (2020). Per the apocryphal court dismissed appellant’s declaratory of claim preclusion opinions beginning saying, “predictions are difficult, relief claim in the second case on the with Five Star Capital Corp. v. Ruby, 124 especially about the future.” There is basis of claim preclusion. The majority Nev. 1048, 1056–57, 194 P.3d 709, 714 some solace in that Raridan was a 2-1 reversed the district court, holding that (2008). Five Star set forth the now familiar split decision with Justice Silver writing the declaratory relief claim was not and three-part test for claim preclusion: “(1) a dissenting opinion. Justice Silver’s could not have been brought in the first the parties or their privies are the same, dissent was especially notable in that case. Id. at 109. Dissenting, Justice Silver (2) the final judgment is valid, and (3) it appended three photographs from wrote that it was “disingenuous to say” the subsequent action is based on the the record to illustrate the core of the that the declaratory relief claim “could same claims or any part of them that dissent’s position. not be brought” in the first case as the were or could have been brought in the
12 September 2020, Vol. 42 No. 8 first case.” 124 Nev. at 1054. Then in to degrade since the conclusion of two cases involved the same nucleus of Boca Park Martketplace Syndications Grp., Case 1,” the majority found that the facts as the appellant admitted “it could LLC v. Higco, Inc., the Court established declaratory relief claim could not have not repair its retaining wall without an exception to claim preclusion when been brought in the first action.Id. The causing damage” to the other wall the “original action between the parties third part of the Five Star analysis is “[b]ecause that is the nature of a retaining sought only declaratory relief” and so typically a fact-dependent inquiry and wall.” Raridan, 464 P.3d at 110. The “claim preclusion did not bar the second the majority cited to Tahoe-Sierra Pres. use of the photographs underscored action.” 133 Nev. 923, 929, 407 P.3d 761, Council, Inc. v. Tahoe Reg'l Planning the dissent’s practical approach and 766 (2017) (analyzing NRS Chapter 30). Agency for the proposition that “identity the grounding of its analysis in the Unlike Boca Park, the Raridan decision of claims exists when two suits arise real world. Regardless of the formal or did not involve an extensive analysis of from the same transactional nucleus of technical claims asserted in the two the nature of declaratory relief or NRS facts.” 322 F.3d 1064, 1078 (9th Cir. different cases, the dissent concluded 30.050. Instead, the decision in Raridan 2003). However, there were also other that claim preclusion was satisfied as the turned on whether the declaratory relief Ninth Circuit decisions expanding on cases could have been conveniently tried claim in the second case was or could have this framework. See Howard v. City of together. The effect of the retaining wall been brought in the first case, which is Coos Bay, 871 F.3d 1032, 1039 (9th Cir. on the masonry wall could have been the third part of the Five Star analysis. 2017) (holding that the “inquiry about tried at the same time as the effect of the Raridan, 464 P.3d at 107. the same transactional nucleus of facts masonry wall on the retaining wall, as The majority inRaridan concluded is the same inquiry as whether the claim evidenced by the photographs showing that the two cases were based on could have been brought in the previous that the two walls were physically different facts as the first case involved action.”) (internal quotations omitted, adjacent and conceptually part of the whether there was liability for damage emphasis in original); see also Turtle same transactional nucleus. to the retaining wall and the second case Island Restoration Network v. U.S. Dep’t involved future impacts to the masonry of State, 673 F.3d 914, 918 (9th Cir. Adam Hosmer-Henner is a wall from repairing the already-damaged 2012) (“Whether two suits arise out of partner at McDonald Carano retaining wall. Id. (admitting, however, the same transactional nucleus depends and practices primarily in the that the damage to the retaining wall upon whether they are related to the areas of commercial litigation “contributed” to the decision to “repair same set of facts and whether they and appellate law. He regularly or remove the wall and to seek a judicial could conveniently be tried together.”) handles appeals and writ proceedings at the Nevada determination on its lateral support (internal quotations omitted). Supreme Court and the United obligation.”) Additionally, because The dissent forcefully argued that it States Court of Appeals for the Ninth Circuit. appellant “alleged that the wall continued was “obvious from the record” that the
September 2020, Vol. 42, No. 8 13 lAW LIBRARY/ PRO BONO CORNER
Looking for End of Year CLE allocate 15 minutes for each participant, Thank you to all our August Lawyer Credits? meaning volunteers will see four in the Library volunteers! Thank you to Did you know that volunteering participants for every hour to which the Northern Nevada Women Lawyers for Lawyer in the Library now qualifies they commit. The amount of time you Association for helping to recruit for Continuing Legal Education (CLE) choose to commit is up to you; the most volunteers for the month of August. credit? For every three hours you common length is an hour and a half. Volunteers in bold have volunteered volunteer for Lawyer in the Library What are the benefits of volunteering more than once this year. you can earn one hour of General CLE and the virtual format? Kendra G. Bertschy credit, for a maximum of 4 credits earned By volunteering for Lawyer in the Elizabeth M. Bittner per year. Volunteering for Lawyer in the Library you can now earn CLE credits. Audrey P. Damonte Library is easier than ever now that our The Supreme Court of the State of popular program has gone virtual using Nevada amended Rule 210, so for every Katherine L. Hoffman Kendra J. Jepsen Zoom. The current health crisis has three hours you volunteer for pro bono Bronagh M. Kelly forced all of us to adapt our services to service, you earn one General CLE credit, ensure the legal needs of the community for a maximum of four hours of CLE Jeremy L. Krenek Colton T. Loretz are addressed, and the Law Library is no credit a year. Additionally, Law Library different. As the Law Library evolved to staff track the hours you volunteer and Laury M. Macauley meet these new challenges, perhaps the submit them to the Nevada CLE Board Jennifer A. Mayhew Samantha J. Reviglio most successful adaptation was to take on your behalf. our program, Lawyer in the Library, With Zoom, volunteers save time, Jennifer M. Richards Michael V. N. Roth virtual using Zoom. as they no longer have to physically Kevin P. Ryan How does volunteering virtually come down to the courthouse. This Gary R. Silverman work? virtual format allows volunteers and Janet E. Traut The Law Library staff handles all participants to partake in Lawyer in Jill K. Whitbeck the technical aspects of the Zoom the Library from the comforts of their meeting; from scheduling to controlling own space, returning to their business the flow of participants. The day prior immediately after the program ends. CLE for Pro Bono Now to the program, Law Library staff will The Supreme Court of the State Available in Nevada email you a list of participants for a of Nevada stated in November of conflict check, as well as the invitation 2019: “Educational value from pro A great way to earn CLE is through pro to the Zoom meeting. Once the Zoom bono cases derives from regularly bono service. Now, Nevada attorneys can meeting begins, Law Library staff use taking lawyers outside of their comfort earn one CLE credit for every three hours the breakout room feature in Zoom zones, developing new expertise while of uncompensated pro bono service. to create a separate space for you and simultaneously addressing the critical You can earn up to four CLE credits the patron(s) to speak privately. Prior needs of vulnerable Nevadans with their each year by taking pro bono cases or to participants entering that breakout civil cases.” In the current health crisis, participating in an Ask-A-Lawyer or room, Law Library staff make sure there when direct access to legal assistance Lawyer in the Library program sponsored are no audio or video issues to ensure a is limited, the need for programs like by a legal aid organization, court or smooth virtual session. Lawyer in the Library have become even other governmental or non-profit pro How much time do I need to commit? more critical. Join the Law Library as bono program. The programs must Utilizing Zoom to host our Lawyer we try to ensure the legal needs of the be recognized by the Nevada Supreme in the Library program affords the Law community are addressed. Court Access to Justice Commission, Library the ability to accommodate our Please contact Sarah Bates at sarah. such as the Nevada Attorney General’s volunteers’ schedules. We hold Family [email protected] or (775) 328- Military Pro Bono Program. The legal Law every Tuesday and General Law 3254 if you would like to volunteer using aid or court program you select will every Wednesday. Probate Law is held our new virtual format or for further track your service all year and report it to on the first and third Wednesday of information regarding the Lawyer in the the Nevada Board of Continuing Legal the month. All of these programs can Library program. Education in December. To start earning be held at any time between noon and CLE through pro bono service, reach out 6 PM, depending on our volunteers’ to your Legal Service Provider. availability. With the virtual format, we
14 September 2020, Vol. 42 No. 8 MILLENNIAL MINUTE
By Kelci Binau, McDonald Carano As the Years Fly By: Career Advancement
ou made it through your first, group of partners from whom you firm’s financial goals will only put you perhaps even your second receive a reliable and steady workflow, one step ahead on your journey towards or third year as an associate resist the urge to put all of your eggs partnership. attorney.Y You navigated and, in some into one basket. Reach out to partners Remember, be nice. We are all busy cases, avoided office politics. You with whom you have never worked and oftentimes wonder where we will volunteered for as many projects in as or haven’t worked with in awhile and find time to finish everything, we have many practice areas as you could get remind them that you are available to on our to-do list. Keep in mind, the your hands on and handle. You tried to assist when needed. partner or client you are too busy for find a balance between being available Along with a diverse skill set, be or the assistant you are short with may to receive work from any partner who sure to stay up-to-date with newly not be there for you the next time you needed it and being available for projects promulgated and amended laws. If are looking for a project or need a favor. in the practice areas in which you were nothing else, COVID-19 has provided Offer to assist other associates or assist most interested. quite the landscape to do just that. a partner on a non-billable matter. You Each year as an associate brings with Do the research, volunteer and make never know when the time may come it new challenges, new responsibilities it known that you are the resident when you need help. Law firms are like and new lessons. If there is one thing I associate that partners can refer clients a machine, and machines always operate have learned while being an associate it is to for COVID related matters and legal more smoothly when well-oiled. to remain flexible and go with the flow. updates. Importantly, believe in yourself and As a junior associate, despite the fact Take the initiative to go beyond learn to trust your intuition. While all that you may have an interest in or have merely completing the requested attorneys need a “gut check” here and a general practice area, you are the go- assignment. Recommend the next steps there, take charge and manage overly, self- to for last minute, partner requests. In and provide a list of the risks you think critical thoughts. Remember, managing other words, although you may consider should be discussed with the client. your professional development is not yourself a transactional associate, be sure Don’t simply hand in the draft term anyone’s responsibility but yours. Being to make yourself available to litigation sheet, include a transmittal letter also. an advocate for yourself and your career partners when they reach out for a You will demonstrate to the partner that starts with believing in your value, worth research or drafting project. Regardless you understand the brief, care about the and competence. of the fact that this may not be your client and are invested in the matter. Last but not least, remember, we specialty, or you may never have drafted Continue to build upon your are all in the same boat. The partners the requested pleading before, approach knowledge of the business behind at the firm ventured and helped to each request as an opportunity for running the law firm. As a junior clear some of the same paths you are growth. associate, it is important to keep on. The assistants and staff have spent While you want to work towards apprised of law firm economics. years, in some cases decades, perfecting narrowing and building upon your Schedule time with your mentor to their craft and learning the same legal skills and knowledge in specific practice review your billable hours and how landscape you are beginning to learn areas, it is also important to develop a to best track whether your clients are and understand. When in doubt, ask diverse skillset and a rapport with each paying their fees or schedule a meeting for help and breathe, we are all in this attorney in your firm. Although it is with the firm’s marketing department to together. not uncommon for certain partners to create a plan for how to develop clients. become comfortable with and prefer While you should continue to focus Kelci Binau is an Associate to work with certain associates, keep in on work product, working to advance with McDonald Carano in mind that you work for the partnership, business development skills, best the firm's Business Entities & Transactions and Real Estate not specific partners. While it is nice practices and your understanding of the & Land Use practice groups. and oftentimes necessary to have a core
September 2020, Vol. 42, No. 8 15 PEOPLE
GENO MENCHETTI Geno Menchetti passed away on June 18, 2020 at N E W S R E L E A S E the age of 75, from August 12, 2020 Contact: Katherine Rodriguez, (415) 355-8800 complications of an auto accident. U.S. Bankruptcy Judge Mike K. Nakagawa Between the Lake Tahoe Shakespeare of the District of Nevada Reappointed Festival, the SAN FRANCISCO – Judges of the United States Court of Appeals for the Ninth Circuit have approved the reappointment of U.S. Bankruptcy Mike K. Nakagawa of the U.S. Bankruptcy Court for Incline Village Bay the District of Nevada. He will begin his second 14-year term on September 1, 2020. Township Court, Judge Nakagawa, who maintains chambers in Las Vegas, has served on the bankruptcy court for the fire protection district, and all the the District of Nevada since 2006. Prior to his appointment to the bench, he practiced bankruptcy nonprofits he helped, he has left a lasting and business law in Northern California for more than 20 years. Judge Nakagawa taught legacy. bankruptcy law and business reorganization at McGeorge School of Law, and also served on the Menchetti was commuting from Sacramento County Civil Service Commission for more than 10 years. He served as a school in Sacramento to his job wth bankruptcy resolution advocate for both the U.S. District Court and U.S. Bankruptcy Court for the Eastern District of California. Judge Nakagawa also provided a variety of pro bono services the Nevada Attorney General's office through the voluntary Legal Services Program for Sacramento County. in Carson City, when he made a wrong Born in Modesto, California, Judge Nakagawa received his bachelor’s degree from the turn in Truckee and ended up in Incline University of the Pacific in Stockton, California, in 1977. He received his juris doctorate from Village and fell in love with the area. the University of California, Davis, in 1980. While in law school, Judge Nakagawa was a Menchetti helped to establish the member of the law review as well as a tutor in civil procedure. Following law school, he had an Incline Village Bar Association and the extended judicial clerkship with Chief Judge Philip C. Wilkins of the U.S. District Court for Incline Village Crystal Bay Township Eastern District of California from 1980 to 1984. Court. The U.S. Bankruptcy Court for the District of Nevada, which is authorized 1 temporary and 3 Menchetti is survived by his sister, bankruptcy judgeships, reported 10,046 new filings in 2019, up 6.8 percent from 2018. Joan Gage of NY, three nieces Kin Bankruptcy judges serve a 14-year renewable term and handle all bankruptcy-related matters Keill, Jill Bartlett and Tracy Burger, two under the U.S. Bankruptcy Code. Judges of the U.S. Court of Appeals for the Ninth Circuit have statutory responsibility for selecting and appointing bankruptcy judges in the nine western states nephews Greg Gage and Michael Jaeger that comprise the Ninth Circuit. The court uses a comprehensive merit selection process for the and many great-nieces and nephews initial appointment. For reappointments, the court conducts a performance review and considers and his long-time girlfriend, Judy public comment evaluations.
Heinbaugh of Incline Village. # # # Geno requested no service be held and a celebration of life will be STOP THE BLEEDING announced at a later date. In lieu of flowers, donations to the Geno Fund Local MEDIATION SERVICES at a Reasonable Rate Tahoe can made to the Rotary Club of AAA Trained Mediator. Tahoe-Incline, P.O.Box 4990, Incline Village, NV 89451 or the Lake Tahoe 40 Years of experience in Commercial Shakespeare Festival, 948 Incline Way, Litigation and Employment Litigation with Incline Village, NV 89451. numerous Jury Trials and hundreds of Judge Trials representing both Plaintiffs and Defendants. Has conducted over 40 mediations as a mediator, both public and private, and has participated in over 50 mediations as an attorney for a party. If you would like to see if you can resolve your dispute at a reasonable cost, please give me a call: Dan C. Bowen BOWEN LAW 5595 Kietzke, # 114, Reno, NV 89511 (775) 843-3935
16 September 2020, Vol. 42 No. 8 Events See wcbar.org/events for details and registration
SAVE THE DATE
October 14, 2020 State of the U.S. District Court with Chief Judge Du 12:00 p.m. - Zoom 1 Hour CLE Credit
Judge Miranda Du will explain changes to court operations in response to COVID-19 risks, including building entry protocols, in-person court proceedings, jury trials and Clerk's Office operations.
Free to WCBA Members - RSVP to [email protected] Non-members please register online at www.wcbar.org/events
September 2020, Vol. 42, No. 8 17 PRSRT STD U.S. POSTAGE PAID The RENO, NEVADA PERMIT NO. 418
POST OFFICE BOX 1548, RENO, NEVADA 89505 change service requested Classifieds Please visit www.wcbar.org/classifieds for full job descriptions & deadlines.
of either a senior attorney or partner. OFFICE SPACE EMPLOYMENT For details, please visit www.wcbar.org/ classified-ads/. To apply, please email your LEWIS BRISBOIS BISGAARD & PROFESSIONAL OFFICES resume and cover letter to Katie Bremer SMITH LLP (LBBS) Reno Tahoe AVAILABLE: at kabremer@bremerwhyte Midtown, across from the office is actively searching for an Federal Courthouse, conference room, attorney with 5-8 years experience to LEWIS BRISBOIS BISGAARD parking, kitchen and other amenities join our Commercial and Professional included. Call 775.742.9509 Liability practice. Candidates must have & SMITH LLP (LBBS) The Reno experience in commercial litigation Tahoe office has an immediate opening ONE PERSON LAW OFFICE, Midtown of business disputes as well as legal for a full time General Office Clerk. (105 Mt. Rose St.) Furnished, $750/mo, malpractice, medical malpractice and This position will perform operational includes utilities, parking. Available insurance agent/broker, directors/ and clerical duties under general now. Call 324-6447 supervision and will be responsible officers liability. For details, please visit SHARE OFFICE SPACE: Mostly www.wcbar.org/classified-ads/. for copying, scanning, production of documents, order and process medical retired attorney looking for another similarly situated to share my single LAW OFFICES OF THORNDAL record request, assist with office supply office at 63 Keystone Ave. Fully ARMSTRONG inventory, assist in opening and closing with offices in Reno furnished. Kitchen, conference and Las Vegas, currently has an associate of client file, reception backup, assist with in and outgoing mail and general room. Contact Sherry. 775.323.1469 position available in its Reno office to or [email protected]. a qualified candidate with interest in a clerical support to the office. Provide diverse civil defense practice. Successful facilities support including deliveries for candidates will be Nevada bar passed and the office The publication of any advertisement should not be deemed as an endorsement by the have strong research and writing skills Washoe County Bar Association nor should any and academic background. Please send previously published advertisement be considered resume, writing sample and cover letter as precedent for future publication of the same or SERVICES to [email protected]. All inquires will similar content. remain confidential.
BREMER WHYTE BROWN & LEGAL RESEARCH & WRITING 20+ O'MEARA is currently seeking an years experience at the Nevada Supreme Associate Attorney to join our firm in Court, now available on a freelance basis our Civil Litigation practice group in for research and writing projects. Briefs, our Reno office. An ideal candidate must petitions, motions, etc. tlindeman@ have a minimum of 3 years of litigation appellatesolution.com 775-297-4877. experience as an attorney. The candidate WORKERS COMP REFFERRALS?: CLASSIFIEDS must be motivated, reliable and able to Your classifed ad appears in The Writ and online at wcbar. work independently for a professional Have you been contacted by someone org./classifieds. Updated regularly. Member rate is $25 for firm. This opportunity is ideal for a person injured on the job, but you do not first 30 words and $.50 for each additional word. Non- ready to take their career to the next level handle worker’s compensation matters? member rates: $40 for first 30 words and $1.00 for each with a highly reputable and multi-state If so, we offer referral fees per NRPC additional word. Fax to 775-324-6116 or e-mail gina@ wcbar.org. firm. We offer autonomy to manage 1.5(e). Please contact Robert Kilby your own caseload under the supervision 775.337.6670 or [email protected]