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301 E. 4Th Street, Reno NV January 2019 Vol. 41, No. 1 The OFFICIAL PUBLICATION OF THE WASHOE COUNTY BAR ASSOCIATION 301 E. 4th Street, Reno NV his year the WCBA Board Please join Judge Cooke and your has named recently retired colleagues for a picon punch or two. Judge Valerie Cooke as our A special thank you to our event The bar opens at 5:30 p.m. and dinner HonoraryT Dinner Host. This is the seating will begin at 6:30 p.m. Dinner sponsors: 12th year, Washoe is served family style. Reservations are County Bar and guests limited to the first 150 guests. Tickets have celebrated the are $45 per person or $450 for a table of Association’s 1905 ten with signage. Tickets are available founding with a dinner. online at www.wcbar.org/events. Last year was our first year at Louis’ Basque Corner, and we’re happy they’re able to accommodate us again DUES RENEWAL REMINDER this year. For more information on the history of the event, please see Patricia If you haven’t paid your dues for 2019, Halstead’s Random Thoughts article on please take a minute and visit www. the next page. wcbar.org. If you need a copy of your statement, please call 786-4494 or email [email protected]. `` RANDOM CONVERSATIONS JUDICIAL SPECIALITY APPEllATE COURTS/ LAW LIBRARY FAMILY LAW MEDIATION THOUGHTS ON DISCOVERY ETHICS COURTS BRIEFS PEOPLE PRO BONO PG 2 PG 3 PG 6 PG 8 PG 10 PG 11 PG 1 PG 13 PG 14 Random Thoughts Patricia Halstead President very January the members of the to have a native Nevadan from Elko to business persons include family names EWashoe County Bar Association chair the dinner because that is no doubt such as Laxalt, Ascuaga, and Goicoechea. gather socially for what used to be referred how we ended up celebrating Basque Reno in particular has a Basque sister to as the Santa Fe Dinner but, with the style every year. city, San Sebastian, Spain, where I was closing of the Santa Fe Restaurant, we It is a cherished tradition NOT to lucky enough to study in college. Reno now call this event the Basque Dinner. I have speeches at the dinner but every is also home to the Center for Basque have been going to this dinner for as long year there is a host who is speechlessly Studies, which is part of the University as I can remember. It is not only a long honored. In 2007, the host was Justice of Nevada, Reno, and is the home of standing tradition but it is a wonderful Ron Parraguirre. Justice Parraguirre, the National Monument to the Basque time to casually associate with a large also of Basque decent, was a regular at Sheepherders. number of fellow bar members in one Elko’s Cowboy Poetry Festival and, as One of the things I find most location. It is fun, it is festive, and it host, wanted to bring some “talent and interesting about Basque heritage is that is right around the corner. This year’s showmanship” to the party, so Justice the Basque language is one of the oldest dinner is January 31, 2019 at Louie’s Parraguirre sponsored the entertainment languages in Western Europe and its Basque Corner. Tickets sell out quick, so of Sourdough Slim who he described origins remain unknown. It is unlike get yours as soon as possible. as “flat out funny.” This year’s host is any other language and even has a unique With the dinner coming up, I began retired Federal Magistrate Judge Valerie spelling structure. Hello for example is to wonder about the history of the event Cooke who is by herself always fun “kaixo” and thank you is “eskerrik asko.” so I called the Washoe County Bar and entertaining and we could not be During the rule of Francisco Franco Executive Director Gina MacLellan and happier she is hosting. in Spain, the Basque language and its learned some pretty interesting tidbits. Basque culture is a cornerstone of traditional cultural practices were banned Washoe County Bar Association's 100th Nevada. The Basque influx to Nevada in an attempt by Franco to assimilate the anniversary was celebrated with a dinner is often credited to sheepherding and, Basque people. Fortunately, he was not in 2005. The dinner was such a big hit in 1950, Nevada Senator Pat McCarran successful and those of Basque heritage that two years later, in 2007, the Basque sponsored legislation to allow Basque continue to preserve the language dinner was started as an annual tradition sheepherders to enter the United States. and share the culture by, among other and dubbed the "Un-Centennial" Many Basque people also immigrated avenues, holding annual Basque festivals dinner. Rob Dotson was the Washoe from the Basque country of Southern that feature traditional Basque dances, County Bar Association President that France and Northern Spain to improve games, and food. year, and the Event Chair was the late their economic plight or to escape While the traditional Basque drink LeRoy Arrascada who promised “a good political oppression and several came to of choice here in Northern Nevada is time, great food, and of course, picons.” Nevada as a result of mining. the Picon, I am more of a Kalimotxo girl If you have been in Nevada for any Nevada is full of Basque families myself. So hopefully I will see you at length of time, you know what they say who have contributed to the State in our annual Basque dinner and we can about Picons . How blessed we were various ways. Basque politicians and raise a glass, absent a speech, to Nevada’s Basque heritage. On egin! JOHN MOORE, EDITOR PRESIDENT PATRICIA HALSTEAD The GINA MACLELLAN, MANAGING EDITOR VICE PRESIDENT HOLLY PARKER ANNUAL SUBSCRIPTION RATE FOR NON-memBERS OF WCBA: $36 SECRETARY CHANDENI SENDALL TREASURER JACEY PRUPAS THE WRIT IS THE OFFICIAL PUBLICATION OF THE WASHOE COUNTY BAR ASSOCIATION WCBA, P.O. BOX 1548, ReNO NV 89505 SERGEANT-AT-ARMS JOHN MOORE 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. Printed on recylable paper using vegetable-based ink. 2 January 2019, Vol. 41, No. 1 CONVERSATIONS ON DISCOVERY By Wesley M. Ayres, Discovery Commissioner he Nevada Public Records Act Nevada Supreme Court’s recent decision concerns implicated by the request, T(“NPRA”) was enacted more in Clark Cty. Sch. Dist. v. Las Vegas and it ordered the school district to than one hundred years ago. See Act of Review-Journal, 134 Nev., Adv. Op. 84, provide it with all records withheld from Mar. 20, 1911, ch. 149, § 1, 1911 Nev. 429 P.3d 313 (2018), is instructive. production, together with a full privilege Stat. 290. In its present form, the act This case arose out of a 2016 log. Following an in-camera review, the essentially provides that, unless otherwise investigation by the Clark County court granted the newspaper’s second declared by law to be confidential, all School District’s Office of Diversity NPRA petition. CCSD appealed from public books and public records of a and Affirmative Action (“ODAA”) into that decision, arguing that the court governmental entity must be open at all allegations of sexual harassment by an improperly directed the school district times during office hours to inspection elected trustee of the Clark County to produce information and documents by any person, and it must also provide School District (“CCSD”). The ODAA that are confidential by law or that copies of those records as required by found that the trustee’s behavior resulted should be confidential on balance. statute. See NRS 239.010(1) (2017). in what could be considered a hostile Alternatively, it argued that additional Although confidential information work environment, and it recommended redactions were necessary. See id. at 3-5, and documents are exempt from the severely limiting his access to district 429 P.3d at 315-17. NPRA, a governmental entity cannot properties and employees. CCSD The supreme court began its completely refuse to allow inspection subsequently implemented strict discussion by reviewing the NPRA, or provide copies of a public record guidelines for future visits by the trustee. emphasizing that its provisions “must containing confidential information if The Las Vegas Review-Journal then be liberally construed to maximize it can redact, delete, conceal, or separate made an NPRA request for the school the public’s right of access” and that that confidential information. See district to disclose certain incident a public entity seeking to withhold id. 239.010(3). Our statutes contain reports, written complaints, emails, and records “bears the burden of proving, various provisions governing the process correspondence regarding the trustee. by a preponderance of the evidence, of requesting and obtaining public books After disclosure was repeatedly delayed, that the records are confidential by law.” and records, as well as the fees that may the newspaper filed a petition to compel See id. at 5-6, 429 P.3d at 317 (quoting be charged for providing those books CCSD to produce the requested records. Reno Newspapers, Inc. v. Gibbons, 127 and records. See id. 239.010-.070. The school district ultimately produced Nev. 873, 878, 266 P.3d 623, 626 The purpose of the NPRA “is some requested records, but redacted (2011)); see also NRS 239.0113 (2017) to foster democratic principles by certain information prior to production.
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