Thursday, September 9, 2010

CCDA and NLV Courts Continue Pissing Match

That August 3rd deadline came and went without incident, but North Las Vegas Justice of the Peace Stephen Dahl decided to lob a grenade at the Clark County District Attorney's office over the weekend.

Speaking to the press, Dahl claimed that 20% of felonies go unpunished for lack of a prosecutor. From LV Legal News:
“We dismiss a lot of cases,” he said, and there is a price to pay. This fiscal year, 2,625 felony arrestees were charged in North Las Vegas. Dahl said 539 were dismissed. Most of them, he said, were dismissed “pursuant to statute,” meaning the state failed to meet deadlines, such as holding a plea hearing for a detained person within 72 hours, or a probable cause review within 48 hours.
Dahl goes on to talk about a case where a man was released on a domestic violence charge and proceeded to kill his girlfriend and himself.

District Attorney David Roger says it's a funding issue:
The issue is manpower. District Attorney David Roger said he can’t send three deputies to North Las Vegas Justice Court because there are dozens of unfilled positions. “We’d love to have a prosecutor for every courtroom in the county,” said Roger, “but we’ve lost 60 positions.”
Our tipster tells us that the DA now sends two deputies to North Las Vegas - one stays in Dahl's courtroom the entire time, and the other goes back-and-forth between JP Natalie Tyrrell and JP Chris Lee. If true, we're not sue what Dahl has to complain about - but Tyrrell and Lee should be pissed!

It looks like Dahl is essentially calling Roger to the mat. The response, if there is one, should be interesting.

(LV Legal News; Thanks Tipster!)

47 comments:

  1. It sucks to live in Northtown - on so many levels.

    But who are we kidding? It sucks to live anyhere in this dried out shithole valley.

    I once heard Las Vegas described as a pig wearing lipstick. That's generous.

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  2. I have fallen out of love with Vegas. It's quickly becoming a third world shit hole like Detroit.

    Thanks to all the old Vegas families that did nothing to save this town. If it was up to me, I'd drop a housing complex for the "underprivileged" right in the middle of every country club in town, and the scotch 80's and 10's or whatever. Eat what you sow, bitches.

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  3. I am amazed at the number of people who have such a miserable outlook on life. If you are so frickin miserable, move somewhere else. I can guarantee you that with that attitude, you will quickly be just as miserable where ever you end up. Your spouse or significant other must be a real peach to put up with your self pity and "woe is me" attitude.

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  4. So who is right?

    Does Roger get a pass due to the budget cuts which force his office to try and do more with less?

    Or does Dahl have the right to bitch since his court is forced to release bad guys for want of prosecution?

    One thing is sure - the growth in really bad crime in North Las Vegas isn't stopping any time soon. Eventually they can put a big fence around NLV, call it a zoo, and sell tickets. Calling NLV a "shithole" is an insult to shitholes.

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  5. "Eat what you sow, bitches."

    May I borrow that line?

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  6. 9:49 AM - I am touched by your comment. It is hard to draw the line between justified anger at the decline of one's hometown and the soporific sophistry of a sophomoric sad simpleton.

    On a cheery note, I love this time of year in Vegas! Taking a three hour lunch today.

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  7. Sure, it's essential that EVERY JP in the county holds their criminal sessions at the same time - how else can they knock off for work by noon every day? (Note that Dahl only works 4 days a week anyway). If you are in private criminal practice, you are going to have at least one case in the RJC every day - so you can never get to that lovely location on MLK on time - this is why most of us are (for the first time ever) in agreement with Roger. There is no reason for so many NLV sessions, and no reason they have to be all held at the same time as the RJC sessions. Dahl is just a little punk who is trying to pretend he is a real JP rather than the small town bit player he is.

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  8. Time to end the lawyerarchy.

    The average guy on the street could fix this problem faster and more efficiently than our grand feathered Chiefs.

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  9. 10:10 - You are the king/queen of alliteration. I'm taking a 3 hour lunch in your honor!

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  10. They are all whiny-ass bitches: the JPs, the DAs, all of them. We need some night court, afternoon court, and weekend court. The County should demand that courtrooms be shared instead of giving each judge his or her own little kingdom.

    And if the DAs would have taken a pay cut, like every other professional in the County, they might have room to complain about staffing. But they elected for big raises and now they should earn their pay. There's way too much administrative overhead at the DA's office. Some of these people should be put back in the courtroom.

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  11. Pow! Whiny bitches, BITCH! Yeah, double kickstands!

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  12. 10:55--WTF is your problem?

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  13. 10:55:

    Does that start getting funny after you post it 500 times, or do we need to wait for 1000?

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  14. 10:55 = G. Dallas Horton

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  15. Any criminal case in Clark County could be filed in any justice court. NRS 4.370(4). So Roger should stop filing in NLV at all and file them all downtown.

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  16. NO

    10:55 = David Rogers

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  17. I heard Dallas G. is part of the UMC leak. Getting case referred by nurses. Can anyone confirm this?

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  18. I recently watch the movie A Beautiful Mind again recently. Then it hit me, after I stumbled upon this site some time ago, I am thoroughly convinced that this site is hosted by some moronic Boyd Law grad with a mental illness that once had a case with Troy Fox, around the same time saw a BK Hottie, got fired for being a whackjob, tried to hire H&S to take his unlawful termination case but they refused, now he sits alone in his “shithole” studio apartment ranting about all the foregoing and how bad Vegas is all awhile giving himself “double kickstands” and punching himself in the nutsack–POW! Let me drop to your delusional level for a second: Take your meds–Bitch!

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  19. Merit selection of judges

    http://www.lvrj.com/news/nevada-judicial-reform-group-in-last-minute-vote-push-102560999.html

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  20. The problem is the police forces in greater las Vegas have grown too large. officers now must justify thier jobs and high saleries by producing arrests and the DA office can not handle the volume.

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  21. Off topic, but hot off the presses, Fidel announces socialism doesn't work. Can someone email Harry and his buddy in DC?

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  22. Who knows a good family law Atty?

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  23. I had a client in nlvmc arrested for a DUI with a .017 BAC (The legal limit is .08).

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  24. #4:03,

    That's because your client was driving under the influence of alcohol. NRS 484C.110(1)(a).

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  25. Re: Good Family Law Attorney

    I'm sure some self promoting newbie (NBS 11000+) will recommend themselves on this blog. Whatever you do, don't pick them.

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  26. I've had a handful of clients that were arrested when they were under the legal limit. Yes, technically there is a subsection that applies to those that are driving under the influence of alcohol, but it should be applied to people that are actually drunk and not to those who fail to use their turn signal or have something obstructing their windshield.

    It is one of the most infuriating abuses of the "justice" system. Who cares if they weren't even guilty because the city still gets to keep their cops, clerks, city attorneys etc. employed by dragging someone who had one or two drinks through the system.

    I've seen a dozen tickets lately for total b.s. like obstruction of windshield, failure to pay full time and attention, failure to reduce speed. The poor saps that get slapped with these probably don't have an easy time coming up with $300 and society isn't made any safer.

    Most of the people making the arrests and prosecuting those charges aren't subject to the dui or traffic laws. They routinely drink and drive, but they aren't going to get arrested for having two drinks and driving.

    Why is our justice system being used to raise revenue on the backs of people who are currently struggling to make ends meet? Most people outside of the criminal justice system don't realize that the jails and prisons need to keep a revolving door of inmates and fines to keep open. Those people are going to start realizing it when they get arrested and spend a weekend in jail for having one glass of wine and driving.

    Sorry soapbox, I know I abused you, I just wish there was a better way to raise revenue and that our police force would direct its attention toward burglary and rapes rather than obstruction of windshields and jaywalking.

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  27. 5:22 PM - Great post. What is "obstruction of windshield" and where is it codified? I worry because I have a lot of crap on my dash.

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  28. 5:25- I'll get back to you tomorrow with the statute. It might be NRS 484B.163 SECTION 3. I recently saw someone given this ticket because they had a placard hanging from their mirror that allowed them access to a gated community. I've seen it issued for fuzzy dice hanging in the mirror and for those small crystal ball things hanging from the mirror. It's usually just an excuse to pull someone over to give other citations.

    I don't know for certain, but I think police officers get overtime if they have to come in to testify when they are off-duty. I guess anybody called in when they are off-duty should get overtime, but it seems like an incentive to issue as many traffic citations as possible. Then people either just pay them because they don't want to take off work 2-3 times to fight it (as required in justice court) or they fight it and the officer gets paid overtime.

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  29. @5:41
    There is also a city ordinance or county code against not having both hands on your bicycle handlebars. I've heard of cops using this one to stop/frisk folks that look "suspicious."

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  30. @5:22 - YES!!!!! You're amazing and couldn't have clarified the real issue with the DA/metro in a better way. David Roger prosecutes the most ridiculous charges, I've seen everything from charging a homeless man for stealing 8 bottles of shampoo to charging a pair of shorts as a "deadly weapon." Hey Roger, ever heard the saying "choose your battles?" How bout these prosecutors devote more time and energy to felonies and less to ridiculous minor misdos??

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  31. "District Attorney David Roger said he can’t send three deputies to North Las Vegas Justice Court because there are dozens of unfilled positions. 'We’d love to have a prosecutor for every courtroom in the county,' said Roger, 'but we’ve lost 60 positions.'"

    I'm confused... doesn't that sound like the DA has "dozens" of positions open at their office but no one to work for them? As far as I know, no one has told the DA that they have to lay off attorneys, have they? So if they've lost 60 positions, does that mean 60 attorneys quit?

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  32. I hate David Roger.

    Don't want no short, short man.

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  33. Bam! David Roger, yeah! Double kickstand bitch! In your face! Pow bitch!!!!!

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  34. @12:36- What is the UMC leak? Do tell.

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  35. UMC leak = people are saying that some PI attys having nurses and other hospital staff at UMC leaking patient info and soliciting clients. I've heard it for at least 5 PI Atty.

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  36. @ 505. It is not illegal to drink and drive. It is only illegal to be "rendered incapable of safely driving or being over .08". A BAC of .017 can be caused by mouth wash! I am bothered that in the report metro stated his speach was slurred, his clothes unkept, eyes blood shot and he had a strong odor of alcohol.

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  37. @8:49,

    If you are driving under the influence of an intoxicating liquor, you are DUI. If you can't handle your alcohol and get impaired after one drink, if you drive you are DUI. The fact that your client smelled like a still and looked like a hobo just added to their perception that he was drunk off his ass.

    Personally, I'm glad that your client got pulled off the streets. My family drives these streets every day. I don't need someone who is convinced that they are unaffected having their reflexes dulled.

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  38. @9:02 - Well hellloooooooo Mr. Roger!

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  39. @ 902. I take it you don't work late hours and use mouth wash becouse if you did you would know that after a 12 hour day, stairing at a computer screen with a suit on, anyone would have bloodshot eyes, look unkept and have bad breath.

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  40. 5:25- I looked at one of the citations for the obstruction of windshield and there was no section of the NRS cited. The officer just wrote "NRS."

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  41. @9:36,

    I do work long hours. But I gargle my mouthwash, I don't guzzle it. In any case, my mouthwash, (like most mouthwashes these days) contains absolutely no ethyl alcohol. But thanks for playing.

    9:02

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  42. Which is the correct form to use when describing a nasty geographical location . . . shithole, shit hole or shit-hole?

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  43. Yes, Reno. As in "This city is a bigger shit-hole than Reno." See also, "North Las Vegas" and "Detroit."

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  44. @6:51:

    Thank you. I grew up in Reno. I grew bored with it, but it really is a nicer place to live than Las Vegas. However, my life is here and that is the lot I have chosen.

    By the way, has anyone seen the latest "Super Glen Lerner" commercial?

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  45. Judge Dahl is a stand up guy and has done far more to contribute to the legal community than most of the drones here writing cookie cutter motions, sitting at home owner depositions and tripple billing their clients. It doesn't matter where the DA files the cases that it ultimately dismisses pursuant to statute, which happens all day at the RJC as well, the point being made is that if you are going to file the cases assign the deputies to cover them. Quit fiking stupid misdo cases and pursue the fellonies. But a nuabce here is that many of the dismissed cases are due to lab work that does not get back in time. Roger could have three deputies in one courtroom and that would not change.

    As far as 60 positions....not surprising. Positions all over the state have simply been left open and hiring frozen for a long long time now so they add up fast. Every agencey has been leaving unfilled posts for at least 3 years that I can remember, due to funding.

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  46. There's a simple solution to the problem in NLV: stagger the courts!!! But because the judges over there want to play a little power game, then need to deman that they get a DA for each courtroom and that they get to run all arraignments simultaneously. Where's the compromise here?

    And as far the DUI comments: I have NO sympathy for someone who gets a DUI. It's really really REALLY simple--DON'T DRIVE AFTER DRINKING--ANYTHING!!! Even one glass of wine can impair some people. I certainly don't want my kids, husband, friends or myself being hurt because a cop let someone go because they weren't "drunk enough".

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