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. (regarding governmental entity’s burden providing members of the public with Based on information obtained from the of proof). It then addressed CCSD’s access to inspect and copy public books disclosed records, the newspaper made argument that the required declaration and records to the extent permitted a second, expanded NPRA request of confidentiality was demonstrated by by law.” See id. 239.001(1); see also seeking certain investigative documents its own internal regulations. The school City of Reno v. Reno Gazette-Journal, concerning the trustee’s behavior. See id. district argued that those regulations 119 Nev. 55, 59, 63 P.3d 1147, 1149 at 2-3, 429 P.3d at 315. were laws for NPRA purposes because (2003) (NPRA’s purpose is “to ensure In February 2017, the district court NRS 386.350 grants each school district the accountability of the government to held a hearing on the first NPRA request “such reasonable and necessary powers, the public by facilitating public access to and addressed the scope of CCSD’s not conflicting with the Constitution and vital information about governmental redactions. It granted the newspaper’s the laws of the State of Nevada, as may activities”) (quoting DR Partners v. Bd. of petition, and ordered that “any names of be requisite to attain the ends for which Cty. Comm’rs, 116 Nev. 616, 621, 6 P.3d students or support staff . . . be redacted the public schools . . . are established.” 465, 468 (2000)). While the act is not and any direct victims alleging sexual But the supreme court held earlier this addressed to discovery in civil litigation, harassment.” CCSD continued to year that an agency’s internal regulations it can be an important investigatory tool produce some documents in response do not limit the NPRA, see Comstock both prior to and during a civil action. to the two NPRA requests. In May Residents Ass’n v. Lyon Cty. Bd. of Comm’rs, Accordingly, litigators should be aware 2017, the court held a hearing on the 134 Nev., Adv. Op. 19, at 6, 414 P.3d 318, of case law discussing issues that arise newspaper’s second NPRA request. The 322 (2018), and it held likewise with under the NPRA. In that regard, the court recognized significant competing regard to CCSD’s regulations. See Clark

January 2019, Vol. 41, No. 1 3 Cty. Sch. Dist., 134 Nev., Adv. Op. 84, at documents merely pertained to rules and preponderance of 7-8, 429 P.3d at 317-18. A contrary rule restrictions on how CCSD employees the evidence, that the would allow public entities to effectively interact with the trustee, and “there is no requested records are eviscerate the NPRA simply by drafting decision or policy CCSD is making that confidential. Next, regulations declaring various documents would invoke this [deliberative process] in the absence of a to be confidential. See id. at 8, 429 P.3d privilege to begin with.” See id. at 10, statutory provision at 318. 429 P.3d at 319. Therefore, CCSD’s that explicitly The school district also raised three withholding of information concerned declares a record arguments that implicate the need to only a “particular personnel matter” to be confidential, balance competing interests before a limited to a single individual under any limitations on district court may order disclosure of specific and isolated facts, and the district disclosure must be records that an agency claims to be court did not abuse its discretion by based upon a broad confidential. One argument was based refusing to apply the deliberative process balancing of the on DR Partners v. Bd. of Cty. Comm’rs, privilege. See id. at 10-11, 429 P.3d at interests involved, supra, in which our high court recognized 319. and the state entity a deliberative process privilege through CCSD also argued that application bears the burden to which a governmental entity may conceal of a common-law balancing test prove that its interest public records if it can prove that they were supported its position. In Donrey of Nev. in nondisclosure part of a predecisional and deliberative v. Bradshaw, 106 Nev. 630, 634-35, 798 clearly outweighs process that led to a specific decision or P.2d 144, 147 (1990), the supreme court the public’s interest policy. See id. at 622-23, 6 P.3d at 469. explained that even when a statute does in access. Finally, However, the agency bears the burden not expressly provide confidentiality for our caselaw stresses of establishing, with particularity, “the certain public records, confidentiality that the state entity character of the decision, the deliberative may nonetheless be appropriate under the cannot meet this process involved, and the role played common law after the court balances the burden with a by the documents in the course of that interests involved. In Reno Newspapers, non-particularized process.” See id. at 623, 6 P.3d at 470 Inc. v. Gibbons, supra, the supreme court showing, or (internal quotation marks and citation summarized its jurisprudence for testing by expressing omitted). The court in Clark Cty. Sch. claims of confidentiality under this hypothetical Dist. clarified that this deliberative common-law balancing test. concerns. process privilege “does not apply in Our jurisprudence Id. at 880, 266 P.3d at 628 (citations situations where the government’s actions has therefore omitted). are in question, particularly where the established a CCSD presented some evidence that records may reveal a potential Title VII framework for employees had expressed fear of being violation.” See Clark Cty. Sch. Dist., 134 testing claims of identified or retaliated against by the Nev., Adv. Op. 84, at 9, 429 P.3d at 318. confidentiality under trustee, and emphasized its interest in In addition, the purpose of the privilege the backdrop of the protecting those employees. The supreme is to protect “communications designed NPRA’s declaration court did not disregard those interests, to directly contribute to the formulation that its provisions but found the newspaper’s arguments of important public policy,” and therefore “must be construed more persuasive. Specifically, it agreed do not extend to particular personnel liberally” to facilitate that the public interest in transparency matters. See id. at 9-10, 429 P.3d at 318- access to public was especially significant since the 19 (quoting Anderson v. Marion Cty. records, and that any allegations concerned an elected official Sheriff’s Dep’t, 220 F.R.D. 555, 560 (S.D. restrictions on access who was not directly accountable to Ind. 2004)). “must be construed CCSD management. The school district In that regard, the supreme court narrowly.” First, also failed to explain why redaction would observed that CCSD’s handling of we begin with the be an insufficient means of protecting its the discrimination complaints and presumption that employees. Thus, the district court did investigation concerning the trustee all government- not abuse its discretion in refusing to were part of the newspaper’s focus, and generated records permit the school district to withhold the that the broader protection sought by are open to disputed documents in their entirety. See CCSD would allow it to shield itself disclosure. The state Clark Cty. Sch. Dist., 134 Nev., Adv. Op. from that inquiry. An order allowing entity therefore 84, at 11, 429 P.3d at 319. the redaction of victims’ names would bears the burden The district court order at issue provide appropriate protection while of overcoming permitted CCSD to redact the names also allowing inquiry into CCSD’s acts this presumption of direct victims of sexual harassment or omissions. Further, the requested by proving, by a or alleged sexual harassment, students,

4 January 2019, Vol. 41, No. 1 and support staff. However, the school considered before allowing district was not permitted to redact the disclosure of their names or names of schools, all administrative-level other information that would employees (including but not limited to identify them. Accordingly, deans, principals, assistant principals, and the district court’s order program coordinators), and teachers. In was reversed for further addition, the district court found that proceedings consistent with CCSD had the burden of proving that the high court’s opinion. See any interest in nondisclosure outweighs id. at 15, 429 P.3d at 321. the strong presumption in favor of public access. In its appeal, CCSD alternatively argued that the district court should have allowed it to redact more information Wes Ayres is than permitted under this order. See id. the Discovery at 11-12, 429 P.3d at 319-20. Commissioner On this point, our high court decided for the Second to adopt a two-part balancing test that J u d i c i a l shifts the burden of proof onto the party District Court. seeking disclosure to show the interest His columns in the information sought. Of course, are online and the government must first establish a searchable at wcbar.org. “personal privacy interest stake to ensure that disclosure implicates a personal privacy interest that is nontrivial or . . . more than [ ] de minimis.” See id. at 12- 13, 429 P.3d at 320 (quoting Cameranesi v. U.S. Dep’t of Defense, 856 F.3d 626, 637 (9th Cir. 2017)). But if the agency shows that the privacy interest at stake is nontrivial, the requesting party “must show that the public interest sought to be advanced is a significant one and that the information [sought] is likely to advance that interest.” See id. at 13, 429 P.3d at 320 (quoting Cameranesi, 856 F.3d at 637). This test is in keeping with Nevada’s recognition—through statutes and case decisions—that personal privacy interests are worthy of protection. Thus, “Nevada’s common law protects personal privacy interests from unrestrained disclosure under the NPRA.” See id. In the school district’s case, application of this test would “balance the nontrivial privacy interests of teachers having their names publicly disclosed with bringing attention to an issue with an elected public official within a public school district.” See id. at 14, 429 P.3d at 320-21. But the district court’s order protected only the names of direct victims of sexual harassment or alleged sexual harassment, students, and support staff. The supreme court ruled that the privacy interests of teachers or witnesses who may face stigma or backlash for coming forward or being part of the investigation should also be

January 2019, Vol. 41, No. 1 5 JUDICIAL ETHICS Honorable David Hardy, Second Judicial District Court

ustice Milton B. Badt (Nevada Nevada full time: JSupreme Court: 1947-1966).1 I had cases pending A large portrait of Justice Milton Badt in San Francisco hangs prominently in the public foyer of and cases pending the Supreme Court Clerk’s office. Next in Elko, and I was to the portrait is a bronze plaque—a gift running back and to Nevada from Justice Badt’s lifelong forth, I just had to San Francisco friend Sidney Schwartz. make up my mind to Among other accolades is the tribute: give up one of them, “Whose life and character embodied all and I had always that one could ever wish for in a man or intended to come to judge. Eager and frequent visitor into Elko to practice. So the world of books and poetry.” Milton B. Badt I finished up my San Justice Badt was born on July 8, Francisco business Elko and Wells with warm memories of 1884. His father worked as a merchant and went to Elko friends, teachers, cowboys, miners, and and cattle rancher in Elko while Justice and opened up my Native Americans. Justice Badt was an Badt lived in San Francisco with his offices there. That ally, advocate, and admirer of Native mother and seven siblings. Justice Badt’s was in 1913. I had a Americans his entire life. The Badts father lived a difficult life, moving to very, very interesting were one of three Jewish families in Elko Elko in 1868 when it was still a tent city. and lucrative practice and Justice Badt was gratified he never Travel between Elko and San Francisco there in Elko. experienced anti-Semitism in Nevada. was difficult and long--a journey Justice Justice Badt practiced law for 31 Justice Badt attended the University Badt’s father made only two or three years, never once taking a criminal case. of California, Berkeley, and was in San times each year. He focused on grazing, water and land Francisco for the 1906 earthquake. After Justice Badt moved to Nevada rights, mining, Native American treaties the quake he joined his fellow residents in 1897 and attended a small two- and affairs, and sundry commercial in fighting the fire that raged throughout room school for students who were matters. At various times he was the the city. An interesting anecdote reveals between the first and ninth grades. He city attorney in Elko, Carlin, and Wells. the depth of his character. Southern fondly remembered that he “had some He was privileged to argue a Native Pacific was ‘issuing tickets to anyone wonderful teachers there, and I will be American treaty case before the U.S. to get out of San Francisco,” so he and eternally grateful for what they taught Supreme Court. several siblings took the train to Wells. me.” He was introduced to poetry and Justice Bad described himself as a Later, his brother sent a check to pay for classic literature in that small schoolhouse bachelor who “led a typical bachelor’s the travel. The San Francisco Chronicle and remained intrigued by these subjects life” until he was married at 40 to a published an article highlighting the throughout his life. Justice Badt was school teacher from Chicago. He and Badt brothers’ honesty. Justice Badt particularly moved by Browning, his wife raised two children, yet he still denied there was anything newsworthy Milton, Tennyson, and Wordsworth. found time to be an elected member of of his payment, saying: “We thought He described the most beautiful poetry the school board, involved with Rotary, it was very kind of them to advance as the last four lines in the final stanza of the Chamber of Commerce, Elks Lodge, the fares” because “nobody had any Wordsworth’s Intimations of Immortality: Masonic Lodge, and the Boy and Girl money.” “Thanks to the human heart by which Scouts of America. He was a frequent Justice Badt lived during the second we live/ Thanks to its tenderness, its joys guest speaker at social and civic clubs industrial revolution, describing in and fears/ To me the meanest flower that and was state bar president in 1933. wonder the transition from horse to car, blows can give/ thoughts that do often Governor Pittman appointed Justice photograph to film, and telegraph to lie too deep for tears.” Badt to the district court in 1945. The telephone. He graduated from Hastings Justice Badt’s father died in 1899 decision to leave private practice for College of Law and was admitted to and Justice Badt returned to San the judiciary was not easy because of practice in 1908. He attempted to Francisco to attend Lowell High the reduced salary, which Justice Badt practice in both Elko and San Francisco, School. He described his two years in described as a “financial beating.” He and described his decision to return to

6 January 2019, Vol. 41, No. 1 was concerned about paying for his operations of the court. He was especially of speech or case or tense or things like children’s college because he had a “good complimentary of attorneys: that.” practice, and I [had] to cut my income I think we have a Justice Badt was involved in the in two.” fine bar in Nevada. evolution of Nevada law, such as rules Not long after he became a trial There are a bunch of civil procedure, probation, pardons, judge he was solicited to apply for the of lawyers who and the commercial code. He also Nevada Supreme Court vacancy created can practice law in strengthened the administrative by Justice Taber’s death. The decision any company and leadership of the Supreme Court over the to apply for the Supreme Court was I’m very proud of entire state judiciary. While chief justice difficult because it required Justice Badt them. They come up in 1951 he convened a conference of all to relocate from Elko to Carson City here and they give 11 district judges to discuss the disparate when his daughter was about to enter her beautiful arguments, application of a new probation law and senior year in high school. He described they file wonderful other matters. The press described this her as a flourishing student who was set briefs, exhaustive as an “extraordinary” conference from to “get all kinds of honors in Elko, and briefs. They make which only one judge was absent. we’ll have to move her down [to Carson it easy on the court; As an interesting aside, Justice City].” He did apply, and was appointed they exhaust the Badt joined his voice to the chorus of to the Nevada Supreme Court in 1947. authorities on any trial judges who complain about the Justice Badt described the work point. erroneous decisions entered by appellate of an appellate jurist as “wonderful,” Elsewhere, however, he lamented the courts. While a justice of the Nevada though he could not say he “enjoy[ed] grammatical errors “happening all the Supreme Court, he was still stung by the criminal appeals. We’re compelled time in the briefs. I think it’s sort of a a particular case he lost in the same to reverse convictions . . . which I don’t disease with me. I don’t think I’ll ever court, describing the decision as “very like at all. And I’m not too fond of those get over it. It just hurts me to see one unfortunate . . . I might add.” hundreds of personal injury cases that of these sentences badly ‘gobbled.’ I’m Justice Badt was never opposed in come up on appeal. But still the whole reconciled to the disappearance of the judicial election. As his career began thing is very, very interesting to me.” subjunctive mood, that’s gone forever. slowing down he was awarded the 1963 He fondly described his relationships But I’m not reconciled to abandon parts Hastings College of Law “Man of the with judicial colleagues and the internal Continued on page 9

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January 2019, Vol. 41, No. 1 7 SPECIALTY COURTS By: Honorable Dorothy Nash Holmes Judge Higgins Takes the Reins

parks Justice of the Peace Kevin C. and actually interact with them on a visible.” He looks forward to being part SHiggins starts off 2019 by taking level that can influence their recovery. of that process. over the reins or reign1 of the Sparks He appreciates the opportunity to have No, this position won’t make Judge Recovery Court. This specialty court detailed discussions with participants Higgins’ job easier by any stretch of the became operational in February 2016 as and his Team members because the role imagination. He continues in his term the result of an award of some of the $3 of Drug Court Judge has expanded (or as Chief Judge of SJC. Nor is he really million in new General Funds from the relaxed?) the Judicial Conduct Rules getting a reduced workload with this State of Nevada to the Administrative regarding ex parte communications. changing of the guard. He is replacing Office of the Courts.2 Sparks Recovery Now he’ll be able to have confidential one arraignment calendar a week with the Court treats 20-25 drug or alcohol- conversations among the Team and make Recovery Court’s staffings and hearings, dependent people who come within its quicker decisions on myriad issues that which are held every Tuesday at 8:00 a.m. jurisdiction, not just those with DUI arise daily with drug court participants. for a couple hours or more. I predict convictions, for anywhere from 12-24 Some examples are housing problems, he’ll quickly discover how all-consuming months, depending on individual need. lack of transportation, individualizing is the position of Specialty Court Judge, Kevin Higgins was appointed 15 treatment plans, continued use of especially as his court’s participant years ago to the Sparks Justice Court drugs or alcohol, and loss of insurance numbers grow, perhaps double, or even (SJC) to serve the last 18 months of Paul or Medicaid that impacts payment for triple to meet the need for addiction Freitag’s term. He was then chosen by the programs. Getting to know, discuss with, treatment in his community. Despite the voters twice, in contested elections, and and advise 25 troubled individuals for success of Nevada’s 75 Specialty Courts, most recently in 2016 ran uncontested, a full year or more is a totally different unfortunately, the number of abusers toserve his third 6-year term. Prior to approach to judging. He contrasts and addicts in the Reno-Sparks-Washoe joining the judiciary, Higgins served 16 that versus the high volume of case- County area continues to grow. years in the Nevada Attorney General’s processing in Preliminary Hearings or ______Office doing criminal prosecution and misdemeanor trials or civil matters. 1 post-conviction appellate work, retiring “I see myself as more of a reader and Webster’s defines “reign” as the “royal sovereign authority” so I decided Judge as Chief Deputy AG of the Reno office researcher so I’ll probably lean toward Higgins’ regal demeanor is better described Higgins isn’t a total rookie at drug assigning that sanction to program by this definition. court; he has substituted in Recovery violators, to help educate participants in 2The 2015 Legislature approved the funds Court for Judge Chris Wilson a few the issues underlying their addictions,” to be distributed for new programs to bring times over the past three years. While he said Higgins. He recognizes that a in 800-900 new participants to Nevada’s has not yet attended the annual training majority of drug or alcohol-dependent Specialty Court system. Thirty-five new conference offered by the National people are likely self-medicating mental programs were added so Nevada now has 75 specialty courts of various types. Association of Drug Court Professionals, health problems or soothing themselves 3 he has done his homework by observing from the effects of trauma-laden lives. Specialty Court Team members all sign a Confidentiality Agreement to protect the proceedings and attending Nevada’s He believes counseling is good for content of their discussions of a participant’s biennial Specialty Court Conference everyone and discusses its helpfulness personal and medical (treatment) information, held in Sparks this past November. I with families and relationships, so that even though the legal proceedings and status asked him if there was anything that should be an “easy sell” to new Recovery hearings are a matter of public record. This really impacted him when observing Court participants who are hesitant to is just one of the HIPAA-based procedures Judge Wilson presiding. He said “It engage or don’t yet trust the process. implemented in all treatment courts. blew my mind when I saw Chris Wilson In observing some graduations, Judge Dorothy Nash Holmes leave the Bench and hug someone. That’s Higgins says the sense of victory and presides over Dept. 3 in Reno not exactly something most judges do.” achievement is palpable. “A certificate Municipal Court. She is adjunct He said that the “more hands-on costs the court maybe 5 cents but it faculty at TMCC and UNR, and approach with defendants” was an gives graduates a million dollars worth teaches a course on Specialty Courts interesting aspect of drug court, giving of success and self-esteem, some for the for the online Justice Management a judge the time and opportunity to get first time ever. It spreads to their families Master’s Degree Program at UNR. to really know people and their stories and friends. The results are clearly

8 January 2019, Vol. 41, No. 1 Judicial Ethics Continued from page 7 Nevada Supreme Court’s published 1References for this essay include: In memorial was equally honorific: Memorium, Honorable Milton B. Badt, Year.” The University of Nevada Oral “He enjoyed an ideal family life. He 82 Nev. 465 (1966); Mary Ellen Glass, History Program was established in was of a kindly disposition, yet firm University of Nevada Oral History Program, An Interview with Milton Badt (1965), 1964 to develop primary sources about in the matter of personal habits. He “significant events, people, places and available at https://archive.org/details/ enjoyed his neighbors, and was modest BadtMilton; Items About People You Know, activities in the twentieth and twenty- and retiring. He was equally at home Reno Gazette-Journal, Sept. 28, 1971, first century Nevada and the West.” with the prince and the ordinary citizen. at 20; Milton B. Badt Named President Justice Badt sat for two interview sessions He was beloved by his fellow lawyers.” State Bar Ass’n, Nevada State Journal, in 1965. Unfortunately, he was unable “He enjoyed the confidence of the Feb. 4, 1933, at 3; Nevada Politics by the to review or edit the transcript before his people of his community--confidence in Observer, Nevada State Journal, June 6, death. His oral reminiscences describe a his legal ability, his loyalty, his absolute 1948, at 20; Pardons Board Problems Told, fascinating journey into the past through integrity and trustworthiness.” Reno Gazette-Journal, Nov. 9, 1948, at 4; State’s Judges Confer on New Probation a first-person narrator. It is divided in “Justice Badt, although a busy man, five sections: 1) Early Days in Northern Act, Nevada State Journal, Oct. 2, 1951, and eminent in his profession, was at 7; Civil Practice Rules Accepted by High Nevada, 2) Memories of my Education, an outstanding citizen. He loved his Court, Reno Gazette-Journal, Aug. 29, 3) The San Francisco Earthquake and country and his state. He was generous 1952, at 13; Revision of Nevada Laws Proves Fire, 4) My Years on the Bench and Bar in his contribution of time and substance to be Titanic Job, Reno Gazette-Journal, in Nevada, and 5) Observations. in all worthwhile community projects.” Dec. 19, 1952, at 4; Contests Set in All but In March, 1966, a Las Vegas newspaper Finally, the Court observed that One State Race, Reno Gazette-Journal, reported that Justice Badt would retire Justice Badt was an avid scholar until July 14, 1964, at 17; Badt Denies He’ll within three days. He had been ill for the end of his life, pursuing a “vigorous Retire, Reno Gazette-Journal, Mar. 11, 1966, at 26. a month and his doctor predicted he study” not only of the law but of literature, would be unavailable for several more music, art, and foreign languages. He was This is number 116 in a weeks. This was an election year and “flawless and effective” in his use of the series of essays on judicial Justice Badt responded by telegram to spoken word. It was this “unquenchable ethics authored by Judge the press, writing: “I categorically deny thirst for knowledge and perfection,” David Hardy, Second that I presently entertain any plan for which made him “an inspiration to all Judicial District Court, such resignation. Such report is without who knew him.” I am proud the judiciary Dept. 15. any foundation whatsoever.” Justice Badt is publicly represented by Justice Milton died three weeks later on April 2, 1966, Badt. Equally important, I am proud to at 81 years of age. Interestingly, he had be your colleague in the Nevada bar. ended his oral history the previous year by saying: “The word retirement isn’t in my vocabulary at all, unless its [sic] compulsory retirement. I’ve told my associates, ‘If you ever find me mentally slipping, tell me, and I’ll get off.’ The tragedy is that the man himself is the last one to know it. My plans for the future are just to keep on working here. I’m eighty-one years old and I’m not ready to give up!” Lt. Governor Paul Laxalt eulogized Justice Badt, saying among other things: WE’VE RAISED OUR IOLTA RATE! “This indeed was the whole man—the (Interest on Lawyers Trust Accounts) full and complete development of all that we hold best in the qualities of the human spirit. This was the man who as judge had few peers. This was the attorney who counseled wisely. This was the community leader. This was the cultured man. This was the loyal IOLTA Checking Account Nevadan. This was the human being, the husband, father and friend. Integrity, 775.343.7079 meadowsbank.bank honesty, graciousness, kindliness, *Annual Percentage Yield (APY) is current as of 10/15/18. APY is subject to change humility—these were his marks.” The without notice. All deposits FDIC insured to the maximum limits. SBA ‘Preferred Lender’.

January 2019, Vol. 41, No. 1 9 APPELLATE BRIEFS By Adam Hosmer-Henner, McDonald Carano

THE INCREASING CALIFORNICATION OF NEVADA’S ANTI-SLAPP JURISPRUDENCE

n 2015, the Nevada legislature negligent, filed a suit against Appellant (2014) (emphasis added). The California Iamended Nevada’s anti-SLAPP for defamation per se, alleging that courts’ interpretation of their anti-SLAPP statute to require that the “plaintiff must the summary on the website could be statute is informed by the statutory meet the same burden of proof that construed as incorrectly implying that the litigation privilege in Cal. Civ. Code a plaintiff has been required to meet jury also found Dr. Lee to be negligent. 47, which is absent in Nevada, and so pursuant to California’s anti-Strategic Appellant filed a special motion to dismiss importing California’s interpretation into Lawsuits Against Public Participation pursuant to NRS 41.660(1), which the Nevada does not fully translate. Neville, law as of June 8, 2015.” NRS 41.665(2). district court denied as the statement in 160 Cal. App. 4th at 1263 (looking to During the debate over this amendment, question was not in direct connection “the litigation privilege . . . as an aid in Senator Brower remarked: “While with an issue under consideration by a construing the scope of [the anti-SLAPP this Committee is well aware of our judicial body. statutes”). In Oregon, the legislature general propensity of not wanting to NRS 41.637(3)’s definition of a good modeled its anti-SLAPP statute on be like California, I would respectfully faith communication includes a statement California’s anti-SLAPP statute and submit that on this issue, California has that is “in direct connection with an issue “intended that California case law would done a pretty good job.” Hearing on under consideration by a . . . judicial inform Oregon courts.” Deep Photonics S.B. 444 Before the Assembly Comm. body.” The Court in Patin adopted the Corp. v. LaChapelle, 282 Or. App. 533, on Judiciary, 78th Leg. (Nev., Apr. 24, analysis from the California opinion, 543 n.5, 385 P.3d 1126, 1133 n.5 (2016). 2015). The Nevada Supreme Court Neville v. Chudacoff, 73 Cal. Rptr. 3d The Oregon court still mirrored the recently followed the legislature’s lead 383, 391-92 (Ct. App. 2008), and held analysis of Patin and held that “under and adopted “California’s framework” that the statement “must (1) relate to the California case law, statements made for evaluating whether an attorney’s substantive issues in the litigation and (including legal advice given) in good- statement summarizing a jury’s verdict (2) be directed to persons having some faith anticipation of litigation can come fell within the scope of Nevada’s anti- interest in the litigation.” Neville has been within the anti-SLAPP protections when SLAPP statute. Patin v. Lee, 134 Nev. cited frequently by California courts but the claims arise from that petitioning Adv. Op. 87 (Nov. 15, 2018). While there only three times in other state courts activity.” Id. at 546. is certainly value in looking to opinions – once in Patin v. Lee and once each in The late Justice Scalia often criticized from jurisdictions with similar statutes, Georgia and Oregon. the citation of foreign law in U.S. Supreme there is also considerable risk as the The Georgia court that cited to Court opinions as “totally inappropriate,” interpretation of those courts depends Neville rejected appellants’ arguments “[f ]eeble,” and “irrelevant.” Thompson v. not only on the statute in question but that were based on California law, holding Oklahoma, 487 U.S. 815, 868 n.4 (1988) also on their own unique body of law and that “California has a specific statute that (Scalia, J., dissenting); Atkins v. Virginia, separate statutory framework. embodies a ‘litigation privilege,’ Neville v. 536 U.S. 304, 347 (2002) (Scalia, J., Appellant Ingrid Patin is an attorney Chudacoff, 160 Cal. App. 4th 1255, 1262, dissenting). Citations to California in Las Vegas who obtained a $3.4 million 73 Cal.Rptr.3d 383 (2008), and Georgia law in Nevada do not merit the same jury verdict in a dental malpractice does not.” RCO Legal, P.S., Inc. v. Johnson, opprobrium, especially in areas where the lawsuit. Id. The lawsuit was filed against 820 S.E.2d 491, 500–01 (Ga. Ct. App. Nevada legislature has explicitly directed Summerlin Smiles, Dr. Traivai, and Dr. 2018) (emphasis added). Nevada, like Nevada courts to look to California. The Lee but only the first two defendants Georgia, does not have a statute codifying Nevada Supreme Court held in Patin were found negligent. After the entry of the litigation privilege but instead has that because “no Nevada precedent the jury verdict, Appellant “billboarded” recognized “the long-standing common is instructive on this issue, we look to this verdict on her law firm’s website, law rule that communications uttered California precedent for guidance.” The indicating that the suit had been filed or published in the course of judicial analysis in Patin though appeared to stop against all three defendants and listing proceedings are absolutely privileged.” at the interpretation of the anti-SLAPP the amount and date of the verdict. Greenberg Traurig v. Frias Holding Co., statute without looking at whether there Dr. Lee, who had not been found to be 130 Nev. 627, 630, 331 P.3d 901, 903 was a difference between the litigation

10 January 2019, Vol. 41, No. 1 privilege in Nevada and California. The Matthew A. Work ultimate result in Patin likely would PEOPLE Work Law have been the same regardless of whether 2295 Skyline Blvd., Ste. 209 Nevada’s common law litigation privilege ANDREW MACKENZIE Reno NV 89509 or California’s statutory litigation privilege Long time Washoe County Bar (775) 386-2226 was used to inform the interpretation Association member, Andrew “Andy” email: [email protected] of Nevada’s anti-SLAPP laws. The risk MacKenzie passed away for both attorneys and judges though is November 15, 2018. Member Moves ~ importing law without fully examining the Andy was born and Feldman Thiel LLP fka Feldman assumptions that led to the other court’s raised in Yerington, and McLaughlin Thiel decision. See Deep Photonics Corp., 282 attended the University 178 Highway 50, PO Box 1309 Or. App. at 543 n.5 (holding that while of Nevada, Reno. He Zephyr Cove NV 89448 “[d]ecisions from other jurisdictions may earned his J.D. degree (775) 580-7431 / fax (775) 580-7436 carry weight, based on the force of the from Georgetown Law School in • Lewis Feldman reasoning and analysis that supports them Washington, D.C.. Andy started his • Michael McLaughlin . . . the fact that they involve similarly career as an attorney with the law firm of • Kara Thiel worded statutes, by itself, does not make McDonald Carano. In 1972, he moved those decisions controlling.”). to Carson City, where he was hired by Michael Gregg the law firm of Laxalt, Berry and Allison, Law Offices of Michael S. Gregg Adam Hosmer-Henner is a partner at which later became known as Allison 6900 S. McCarran Blvd. #2040 McDonald Carano and MacKenzie, Ltd. Andy is survived by Reno NV 89509 practices primarily in the areas his wife Karen, son Chris (wife Miya), (775) 322-8746 / fax (775) 323-0709 of commercial litigation and daughter Katie Paige, grandchildren [email protected] appellate law. He regularly handles appeals and writ Walker and Reese, sisters Madeline and proceedings at the Nevada Mary Lou, as well as numerous nieces Paul Kapitz Supreme Court and the United and nephews. Paul A. Kapitz,Attorney at Law States Court of Appeals for the WCBA Welcomes New Members! 9740 S. McCarran Blvd. #102 Ninth Circuit. Raymond Areshenko Reno NV 89523 REA Law (775) 329-1888 / fax (775) 329-1876 couRTS 200 S. Virginia St. #819 email: [email protected] Reno NV 89501 (775) 300-7594 / fax (949) 220-0355 Lewis Brisbois fka Georgeson Angaran RENO JUSTICE COURT email: [email protected] Chtd. Judge Derek Dreiling ran unopposed 5555 Kietzke Lane, Ste. 200 and was elected Evie Grosenick Reno NV 89511 (775) 827-6440 as the new Justice Washoe County Public Defender’s Office • Jack Angaran (Jack.Angaran@ of the Peace for 350 S.Center St., 5th Floor lewisbrisbois.com) Reno Justice Court Reno NV 89501 • Mary-Ann Ellis (Mary-Ann.Ellis@ in the November (775) 337-4819 fax (775) 337-4856 lewisbrisbois.com) 2018 election. He email: [email protected] • Alice Herbolsheimer (Alice. will be sworn in at [email protected]) the County Commission meeting on Karen Monrreal-Salazar • Jeffrey Koelemay (Jeffrey.Koelemay. January 7, 2019. He has been with 432 Court St. lewisbrisbois.com) the Washoe County District Attorney’s Reno NV 89501 Office for eighteen years prior to running (775) 636-5295 Honorable Thomas Perkins for Justice of the Peace. email: [email protected] Douglas Co. Justice Court, East Fork Township Debra Schroeder PO Box 880 (775) 357-9709 Minden NV 89423 DUES RENEWAL REMINDER email: [email protected] (775) 790-1511 fax (775) 782-9947 If you haven’t paid your dues for 2019, please take a minute and visit www. Megan Starich Emilee N. Sutton wcbar.org. If you need a copy of your University of Nevada, Reno Allison MacKenzie, Ltd. 1664 N. Virginia St., MS 0550 402 N. Division St. statement, please call 786-4494 or Carson City NV 89703 email [email protected]. Reno NV 89557 (775) 784-4307 fax (775) 327-2202 (775) 687-0202 fax (775) 882-7918 email: [email protected] email: [email protected]

January 2019, Vol. 41, No. 1 11 lAW LIBRARY/ PRO BONO CORNER

LAWYER IN THE LIBRARY Honorable Dixie Grossman, Honorable Philip Mannelly, Richard Cornell, On December 5, 2018, the Law Cynthia Lu, Honorable Elliott A. Sattler, Richard Davies, Richard Williamson, Library hosted its 18th Annual Lawyer Commissioner Robin Wright and Master Rick Blower, Roger Harada, Sandra in the Library Luncheon to show Aimee Banales. Thank you for joining Unsworth, Sara Robinson, Scott appreciation to the 66 volunteers who us to recognize all the volunteers who Husbands, Stephen Scheerer, Tamatha assisted patrons throughout 2018 at the attended. Schreinert, Tehan Slocum, Timothy Lawyer in the Library Program We would like to thank all of our Hay, Travis Clark and William The Honorable Scott N. Freeman, volunteers for making our 2018 Lawyer Shogren. A special thank you to the Chief Judge, presented the volunteers in the Library Program so successful: volunteers who were able to fill in at the with a Certificate of Recognition and Adam Hosmer-Henner, Andriea last minute: Linda Daykin, Timothy Hay, Aden, Audrey Damonte, Richard Davies, Joe Gorman, Joel Barber, Bonnie Mahan, Brian Doug Rands and Sandra Unsworth. Davenport, Brian Saeman, We would also like to extend our Brittany Cooper, Bronagh appreciation to the Washoe County Bar Kelly, Bryan Carpenter, Association for sponsoring the luncheon Bryce Alstead, Bryce Rader, and the gift cards for each volunteer. Caryn Sternlicht, Cedric By Elizabeth Beadle, Law Library Anderson, Chelsea Latino, LAWYER ON THE LINE Danielle Christenson, David O'Mara, Debra We are seeking volunteers to provide Nicholson, Doug Rands, assistance via telephone or video Elizabeth Bassett, Elizabeth conference to those patrons who would Bittner, Erin Grieve, Gary normally be turned away due to space Silverman, Graeme Reid, limitations in the Law Library Program. Ilin Rocovits, J. Douglas Please let us know if this option better accommodates your schedule and if you a small token of our appreciation. We Clark, Jack Grellman, Janet Traut, are interested in volunteering for our are pleased to announce that the Board Jennifer Richards, Jessica Anderson, overflow services. The program hours recognized six volunteers for their Jill Whitbeck, Joe Gorman, Joel are 5:00 p.m. – 6:00 p.m. on Tuesday outstanding commitment and Wednesday evenings. Attorneys to the program. Those may participate as often as they want or volunteers include: Gary as little as once a year. Please contact Silverman for Family Law, Emily Reed at emily.reed@washoecourts. Richard Cornell, Chelsea us or (775) 325-6625, if you would like Latino and Jennifer Richards to volunteer or for further information who all volunteered the regarding the Lawyer on the Line same amount of evenings for program. General Law, Bryce Alstead for being our first Lawyer SERVICES on the Line volunteer, and J. Douglas Clark and his LEGAL RESEARCH & WRITING 20+ years experience at the Nevada Supreme team for signing up all of Court, now available on a freelance basis our Probate Attorneys for for research and writing projects. Briefs, our monthly Probate Law petitions, motions, etc. tlindeman@ evenings. Barber, John Samberg, John White, appellatesolution.com 775-297-4877. We were honored to share this special Jonathan King, Kaitlyn Miller, luncheon not just with our volunteer Kathleen Breckenridge, Kevin Karp, LAWYER PROFESSIONAL ERRORS attorneys but our Bench members who Laura Jacobsen, Lauren Berkich, Leah AND OMISSIONS INSURANCE have continued to support this program: Wigren, Linda Daykin, Lisa Fraas, PROGRAM. Altus Insurance Agency, Honorable Connie Steinheimer, Madelyn Shipman, Mark Liapis, Division of Orgill-Singer & Associates, has McClure Wallace, Megan Lucey, exceptional value for your Law Office. Over Honorable Egan Walker, Honorable 30 years of serving Nevada. Contact: John Chuck Weller, Honorable Lynne Michael Gregg, Michelle Bumgarner, Maksimik CIC, CRM at 775-398-2525 or Simons, Honorable Barry L. Breslow, Patrick Millsap, Pete Cladianos, email [email protected].

12 January 2019, Vol. 41, No. 1 FAMILY LAW By Alexander Morey, Silverman Kattelman Springgate, Chtd.

NEVADA PREMARITAL AGREEMENT, A VIEW FROM THE MONTANA SUPREME COURT: HUTCHINS V. HUTCHINS COURT:

t sometimes happens Nevada the premarital agreement contained (1993), mentioning a husband’s asset Ifamily law is a major focus of a clause stating satisfaction with the disclosure was insufficient because it did another state’s supreme court. Hutchins given disclosure and waiver of further not give the wife the “full magnitude of v. Hutchins, 2018 MT 275, 2018 information.) [the husband's] assets and obligations Mont. LEXIS 399, 2018 WL 6062331 The trial court upheld the validity of before marriage." Id. at 464, 851 P.2d (Mont. Nov. 20, 2018), is such a case. the premarital agreement (albeit applying at 449. The Montana Supreme Court In Hutchins, the Montana Supreme Montana law). On the wife’s appeal, determined the disclosure in Hutchins Court provides a concise summary of the Montana Supreme Court affirmed, contained enough information for the Nevada’s law on voluntariness vis-a-vis but held the Uniform Premarital wife to understand the magnitude of premarital agreements and a persuasive Agreements Act (“UPAA”), adopted the husband’s estate despite the lack of exposition of the “fair and reasonable” by Montana and Nevada, called for the values and the omission of the potential financial disclosure mentioned in NRS application of Nevada law in light of future PERS benefits. 123A.080. the premarital agreement’s choice of law Hutchins is a helpful summary of Hutchins concerned the end of a clause. The Montana Supreme Court Nevada law, a useful view of Nevada law 20-plus-year marriage that began in affirmed the trial court’s decision the through the eyes of a foreign court, and Nevada in 1991. The husband was a wife executed the agreement voluntarily a reminder the premarital agreements doctor who worked for the State of despite the closeness of execution drafted in Nevada may not be used Nevada. The wife obtained a bachelor’s to the wedding and the use of one in Nevada. People, and marriages, are degree during the marriage and was attorney. Most interesting, the Montana transient. It is good to know how our law a homemaker. The parties signed a Supreme Court addressed the meaning is viewed across state lines. premarital agreement before their of the “fair and reasonable” disclosure of Alexander Morey served as the Honorable Judge marriage. The exact circumstances of financial information required by NRS Deborah Schumacher’s law the signing were disputed during the 123A.080(1)(c)(1). clerk from 2008 through divorce trial, with the wife claiming Focusing on the idea a “fair and 2010 before entering her execution of the agreement a week reasonable” disclosure requires less than private practice with prior to marriage and a single attorney a “full and fair” disclosure required Silverman, Kattelman, creating the agreement for both parties by some other states, the Montana Springgate Chtd. where rendered the agreement involuntary. Supreme Court focused on language in he practices family law. The agreement contained a choice of Fick v. Fick, 109 Nev. 458, 851 P.2d 445 law clause calling for the application of Nevada’s law in effect at the execution of the agreement and was accompanied by a disclosure of each party’s assets. The husband’s disclosure listed 16 investment accounts, without values but with account numbers and the number Proud Member Benefit of shares held, a parcel of real property, and an antique vehicle. The disclosure Special offer did not list the values of the investment The #1 accounts and did not list the husband’s for bar members. unvested interest in the Nevada Public payment solution Call for details Employees Retirement System. The wife argued the missing information for law ﬁrms. lawpay.com/wcba rendered the disclosure insufficient. 866-369-0323 (There is no mention in the case whether

January 2019, Vol. 41, No. 1 13 MEDIATION MATTERS By Margaret M. Crowley, Crowley Mediation, L.L.C.

MEDIATOR SUPPORT AND EDUCATION

“An Investment in knowledge pays the best interest.” Benjamin Franklin

ediation is a wonderful, but conflict resolution. Unlike AFCC, the conflict. NDRC is made up of a variety Moften lonely, profession. Many focus of ACR goes beyond family issues, of folks. Some are full-time, professional mediators are solo practitioners. In extending to any subject matter. ACR’s mediators and ADR practitioners addition, the sensitive and confidential mission is to give voice to the choices for and others are volunteer or part-time nature of the process makes sharing quality conflict resolution. mediators; all are interested in spreading very difficult. This presents a challenge, Another well-known organization is the use of ADR. Local organizations because the need to debrief and self- the American Bar Association’s Dispute like NDRC offer mediators a supportive reflect after a session is critical to Resolution Section. According to environment in which to seek advice on professional growth. In addition, good its website, this is the largest dispute handling challenging issues, something mediators continually seek to improve resolution organization in the world, vital for honing mediations skills. their craft. How does a mediator get with over 10,000 members. The goal In addition to promoting ADR, one thing much needed education and support? of this Section is to provide members all of these organizations have in common There are many mediator groups out with “accessible, relevant and cutting- is that they provide excellent mediator there offering assistance, education and edge information, practice tips and skill- training. AFCC, ACR and the ABA insight. building opportunities.” In addition, sponsor annual conferences proffering Professional mediation groups exist the Section has played a vital role in many superb and informative sessions. internationally, nationally and locally. shaping ADR policy. A good example In addition, NDRC offers 1-day annual Two of the most well-known mediation of this is the Model Standards of trainings each year featuring nationally organizations in the United States and Conduct for Mediators, a set of ethical recognized mediators. Their next world are the Association of Family rules collaborated upon by the ABA, training is February 1, 2019 with Doug and Conciliation Courts (AFCC) and ACR and the American Arbitration Noll. Mr. Noll is an attorney, mediator the Association for Conflict Resolution Association. The website also contains and author of, De-Escalate: How to Calm (ACR). Both organizations operate a national clearinghouse for mediator an Angry Person in 90 Seconds or Less, internationally as well. AFCC has been ethics opinions, a great resource. among other publications. For more in existence since 1963 and is dedicated Mediation organizations on the information, please refer to NDRC’s to improving the lives of children and local level vary by state. Many states website: www.NVDRC.org. families through the resolution of have local chapters under ACR and As legal professionals, we all seek family conflict. AFCC promotes a AFCC. Nevada has a local chapter support and the chance to improve our collaborative approach for cases in the of the International Association of skills. Thankfully, there are many local, family law system. The organization is Collaborative Professionals Nevada national and international opportunities well-known for encouraging education, Collaborative Divorce Professionals is Margaret Crowley is an experienced mediator, research and innovation as well as comprised of trained attorneys, mental Supreme Court Settlement identifying best practices. AFCC offers health professionals, and financial Judge, EEOC Mediator, Second annual mediation conferences in the JD Custody & Dependency professionals who work as a team to Mediation Panels, Pro Tem United States and sometimes partners help people resolve disagreements Family Court Master and with other organizations to convene respectfully. mediation instructor. international conferences. In addition to chapters of national ACR came into existence in 2001. It organizations, mediators often form DUES RENEWAL REMINDER was formed by merging 3 organizations: their own regional groups. A local the Academy of Family Mediators example of this is the Nevada Dispute If you haven’t paid your 2019 dues, please (AFM); the Conflict Resolution Resolution Coalition (NDRC). NDRC take a minute to visit www.wcbar.org and Education Network (CREnet); and was organized in Reno in 2000 as a renew online, call us at 786-4494 or email the Society of Professionals in Dispute non-profit interdisciplinary association [email protected]. Resolution, Inc. (“SPIDR”). Similar to of ADR practitioners. Its mission is to AFCC, the goal of ACR is to enhance promote public awareness of processes the practice and public understanding of that encourage collaborative solutions to

14 January 2019, Vol. 41, No. 1 Events See wcbar.org/events for details and registration

JANUARY FEBRUARY UNITED STATES DISTRICT COURT ANNOUNCEMENT Douglas-Carson Legal Professionals meet 6 Douglas-Carson Legal Professionals meet for2 lunch and CLE at noon at Red’s Old 395 for lunch and CLE at noon at Red’s Old 395 Invites members of the Washoe County Grill, Carson City. Speakers are announced Grill, Carson City. Speakers are announced Bar Association to apply for a position on the on website www.douglascarsonlegalprof.org. on website www.douglascarsonlegalprof. Inmate Early Mediation Panel. Attorneys org. appointed to serve as pro bono mediators NNWLA’s Screening of On the Basis will preside over mediations with inmate 8 WCBA Luncheon, 12 noon, of Sex. Please join NNWLA at 5:30 p.m. for plaintiffs who sue the Nevada Department Harrah’s,13 Chief Judge Scott Freeman will appetizers at Liberty Food & Wine Exchange present the State of the District Court for of Corrections for constitutional violations before the early evening movie showing at 1 hour CLE credit. Register at www.wcbar. of their confinement pursuant to Title 42 Riverside Movie Theater. Friends and family org/events. U.S.C. § 1983. are welcome! (movie is PG-13). The cost of Those interested in applying should the event is $10 per person, which incudes one movie ticket and appetizers. To RSVP, 22 Regional Mock Trial Competition. send a letter of interest and resume to please purchase a ticket through NNWLA at Scoring judges needed. Use the sign up Debra Newman, at debra_newman@nvd. nnwla.com/events by January 4, 2019. form below. uscourts.gov. Judge Cooke will also be pleased to answer any questions you 16 NALS of Washoe County (legal may have, and you may contact her secretaries and paralegals) general meeting through Ms. Newman. at 12 noon at the Black Bear Diner (across from what was the Parklane Mall). Cost is $18 and a one hour CLE will be available. 2019 High School Mock Trial Volunteers Needed Laura Jacobsen, of McDonald Carano, will February 22 (Regional Competition) March 15 & 16 (State Competition) be discussing employment law issues. Please RSVP by January 14, 2019, to Tori Francis t Bruce Thompson Federal Courthouse 353-7620 or via email vfrancis@washoecounty. us. As always, non members are welcome to attend! Name: ______16 PARALEGAL STUDIES CERTIFICATE PROGRAM, Information Office Phone:______session, 5:30 p.m., University of Nevada, Reno Redfield Campus, for more information, please visit www.extendedstudies.unr.edu. Email Address: ______

Yes, I can be a scoring judge at the Regionals on Friday, February 22. I can participate at: SAVE THE DATE _____ 8:30 a.m. _____11:00 a.m. _____ 2:00 p.m. (each trial runs approx. 90 minutes)

Yes, I can be a scoring judge at the State competitions on Friday, March 15

_____ 3:30 p.m. _____5:30 p.m.

Saturday, March 16 January 31, 2019 Annual Basque Dinner _____ 8:30 a.m. _____11:00 a.m.

5:30 p.m. - Cocktails 6:30 p.m. - Dinner Please email to [email protected] or fax to 775.324.6116.

January 2019, Vol. 41, No. 1 15 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.

EMPLOYMENT for ADAMS ESQ, this is your opportunity Steffen is a great place to work for an attorney to be a part of a legal team that provides who is looking to build a rewarding career WASHOE COUNTY DISTRICT high-quality legal services for a great cause. at a firm that will provide opportunities ATTORNEY seeks full-time Deputy in Our firm values work/life balance. Learn to practice law at a high level for outstanding Criminal Division/Child Protective Services. more about our founder and history by clients. Although the law firm provides Ideal candidate will have courtroom visiting www.adamsesq.com we are looking legal services in almost every law practice experience, strong writing skills, and excellent for……. Minimum Requirements: Licensed area, law practice areas a candidate can references. Please submit cover letter, resume, to practice Law in the State of California and expect to immediately work upon hire in and references to Lori Fralick at LFralick@ in good standing with the NV State Bar. We the Reno Office include, Employment and washoecounty.us by January 31, 2019. are seeking an Attorney with a minimum of Labor Law, Civil Litigation, Corporate Law, 3 years of experience. Experience in family, Construction and Property Law, Public SMALL LAW FIRM is looking for a education, criminal, personal injury or Entity Law, Human Resources Support, litigation and transaction associate with 1-5 worker’s compensation law is desired. Strong Worker’s Compensation, Public Entity Law, years of experience and a Nevada law license. Litigator is necessary. If you are Bilingual Public Interest & Nonprofit Organization Please submit your confidential resume, in Spanish that would be a plus! This is an Law, Administrative & Regulatory Law, cover letter, and short writing sample to Independent Contractor position. If you and Election, Campaign & Political [email protected]. meet the minimum qualifications, indicate Law. Excellent writing skills and academics your interest, please email your resume in preferred. Competitive salary and benefits. CARSON CITY is currently seeking word format to: humanresources@adamsesq. Send resume to jguinasso@hutchlegal. qualified applications for the full-time com. com. position of Chief Deputy DA. Please see posting at www.carson.org/jobs. WASHOE LEGAL SERVICES (WLS) Entry Level Staff Attorney currently accepting OFFICE SPACE DEPUTY DISTRICT ATTORNEY – resumes from attorneys who are interested in OLD STONE HOUSE One room (approx. Lyon County, Nevada is currently accepting working in WLS’s child advocacy unit. Child applications for the full-time position of 12 x 12) with private bathroom. Located on Advocacy Attorneys represent children in Mt. Rose Street. Utilities, phone system and Deputy District Attorney.This position will child welfare proceedings pursuant to NRS represent the State of Nevada in criminal weekly cleaning included. See more details 432B. Salary is $55,000-$60,000 depending at www.wcbar.org/classified-ads. Month to prosecutions, including, reviewing police upon experience and includes a generous month, no lease. 775-324-6464. reports, charging cases, appearing in court, benefits package. Interested Nevada-licensed preparing legal documents, and working attorneys (or attorneys who are eligible to TWO ADJOINING OFFICE SPACES with law enforcement. The position may practice under SCR 72.1) should submit available, 534 sq. ft. and 203 sq. ft. also include juvenile cases, child dependency a resume and cover letter describing their Reception area and parking available. 247 cases, child support cases and general local interest in public interest law to James P. Courts Street. Please call Theresa at 775- government civil matters. County-wide Conway, Executive Director, atjconway@ 323-8136. travel required. Apply at www.lyon-county. washoelegalservices.org. org/jobs. A S S O C I A T E A T T O R N E Y THREE OFFICES LOCATED IN THE CONTRACT ATTORNEY COME NEEDED: Hutchison& Steffen, one of HISTORIC 20th Century Building, GROW with us! If you are looking to Nevada’s largest and respected AV-rated, full- directly across from the Truckee River in supplement your practice, we are currently service law firms, is seeking an experienced downtown Reno. Inquiries, please contact looking for an attorney to handle our and hardworking attorney to serve their 775-322-3475. overflow of special education cases in rapidly expanding Northern Nevada Office The publication of any advertisement should Northern Nevada. We are a small firm with in Reno, Nevada. A successful candidate not be deemed as an endorsement by the an excellent reputation in special education will be a solutions-driven attorney with more Washoe County Bar Association nor should law. If you are experienced in litigation, than three years litigation experience who is any previously published advertisement be administrative law or an area of law involving committed to adding value to the clients and considered as precedent for future publication of education, our firm may be a great fit for you. communities the firm serves by providing the same or similar content. We will provide training. As an Attorney high quality legal services. Hutchison &