Judging the Judges 2010 - The Supremes

The RJ's Judging the Judges poll results are out. It seems that attorneys feel everyone on our highest court is a keeper ... well, almost everyone. Here's how the numbers brake down for the High Court:

• Justice Michael Cherry: 74% would retain
• Justice Michael Douglas: 72% would retain
• Justice Mark Gibbons: 85% would retain
• Justice James Hardesty: 73% would retain
• Justice Ron Parraguire: 82% would retain
• Justice Kristina Pickering: 65% would retain
• Justice Nancy Saitta: 50% would retain

One (maybe two) of these things is not like the others ... why? Let us know your thoughts on the results of the Supreme's poll in the comments. We'll be posting about the remaining polls throughout the week.

(LVRJ - Supremes PDF)

Who's Going to Get Judge Sandoval's Spot?

With U.S. District Court Judge Brian Sandoval stepping down from the bench for a rumored run for Governor against Jim Gibbons, names are starting to be tossed out for who should fill Sandoval's spot.

The RJ reports:

Nevada Supreme Court Chief Justice James Hardesty, Attorney General Catherine Cortez Masto and Washoe District Judge Brent Adams are among the names surfacing as possible replacements for U.S. District Judge Brian Sandoval

. . . historically nominees to the U.S. District Court in Reno have come from Northern Nevada, which makes Hardesty and Adams -- both Democrats -- contenders for the job, said Carl Tobias, a former UNLV law professor now teaching at the University of Richmond School of Law in Virginia.

So let's get a list going and generate some odds:

Attorney General Catherine Cortez Masto
She’s Democrat and “effective and popular" according to Tobias. (RJ) Plus, President Obama seems to like the diversity angle with his judges and Cortez Masto would add some Latina flavor to the pale Nevada bench. Cortez Masto is also a native Nevadan. (AG website) She graduated Cum Laude from Gonzaga University School of Law, in Spokane, Washington in 1990. (AG website) Cortez Masto became Attorney General of Nevada in 2007 and worked as Assistant County Manager for Clark County for five years before that--giving her experience in the north and the south of the state.

Magistrate Judge Robert A. McQuaid, Jr.
Magistrate Judge McQuaid has spent 13 yrs on the federal bench, appointed as a magistrate in 1996. (US Dist Ct) He received his law degree from Willamette University College of Law in 1971, and was admitted to the State Bar of Nevada that year. Before his appointment to the bench in 1996, Judge McQuaid was a partner in the law firm of Georgeson, McQuaid, Thompson & Angaran in Reno. Biggest hurdle: he’s a Republican in a Democratic Presidency, but based on seniority on the bench, he may be the man for the job. (US Dist Ct)

Magistrate Judge Valerie P. Cooke
Magistrate Judge Cooke has spent 10 yrs on the federal bench, appointed as a magistrate in 1999. (US Dist Ct) Prior to her appointment, she was a partner in the law firm of McDonald Carano Wilson, where she practiced to creditors’ rights in bankruptcy and commercial litigation. Judge Cooke received her J.D. degree from Lewis and Clark College in Portland, Oregon. Another plus in her column: She’s got legal legacy chops too since she’s a third generation Nevada lawyer. (US Dist Ct) Another plus for her: she’s a Democrat in a Democratic Presidency. McQuaid may have three years on her, but the politics of nominations may move her ahead of the candidates already sitting on the federal bench

Vito de la Cruz
De la Cruz is an Assistant Federal Public Defender in Reno, Nevada. (Linked In) He's got the credentials, getting his J.D. in 1985 from the University of California-Berkeley, Boalt Hall School of Law. (HP) Before becoming a Fed. PD, he worked for California Rural Legal Assistance in the area of employment discrimination and farm labor issues. Biggest plus for de la Cruz in the era of diversity: he is half American Indian (Yaqui)and half Chicano. Currently, there is only one Native American on the entire federal bench. (RJ)

Washoe County District Judge Brent Adams
Judge Adams has sat on the District Court of Washoe County since 1989 and has been elected three times without opposition. (Washoe Courts bio) According to his bio, he has consistently received among the highest retention ratings and judicial performance evaluations by the Washoe County Bar Association in biennial surveys since 1994. Judge Adams graduated from the University of Arizona College of Law in 1974. Need more credentials? Judge Adams initiated the Washoe County Drug Court, is the founding presiding judge of the Washoe County Business Court and is Editor in Chief of the Nevada Civil Practice Manual and Forms (second and third editions).

Chief Justice James W. Hardesty
From the NV Supremes website: He’s a native Nevadan, born and raised in Reno. Got his JD from University of Pacific McGeorge School of Law in May 1975. Worked in private practice from 1975 through 1998, when he was elected District Court Judge in Washoe County District Court. In November 2004, Chief Justice Hardesty was elected as Supreme Court Justice for the Nevada Supreme Court, where he helped to implement the state's business courts.

So, who's it going to be readers?

An ex-felon in possession of a firearm is not inherently dangerous. Wait, what?

The Nevada Supreme Court recently handed down an unpublished opinion wherein it ruled that an "ex-felon in possession of a firearm" charge could not be used as the predicate felony for purposes of a felony murder conviction. From the opinion:

"We agree with the district court that, when viewed in the
abstract, 'ex-felon in possession of a firearm' is not inherently dangerous."

So, there you have it, you may now stop worrying about felons with firearms. The opinion is unpublished and can't be used as precedent under SCR 123.

(Harmful Error; State v. Spina)

Wed Roundup

Defense counsel in the murder-for-hire case where a contract was allegedly taken out on Judge Leavitt and a Clark Co. Assististant D.A. got the chance to question the District Attorney of Clark Co. David Roger and Assistant District Attorney Christopher Lalli on the witness stand about whether the Clark Co. D.A.'s office should be recused from the matter. (Las Vegas Sun)

During the Nevada Supreme Court's hearing over the constitutionality of term limits for elected officials, Justice Jim Hardesty said that the state's rule on term limits for elected officials is unambiguous, agreeing with arguments that 12 years in office means just that. (Review-Journal)

At the most recent round of Nevada Supreme Court Public Defender reform hearings, public defenders, prosecutors, and county managers agreed on the need to implement indigent defense reforms--leaving the question of how unanswered. (Review-Journal)

Congratulations to Glenn Light, who Lewis and Roca named as an associate in its gaming practice group. (Review-Journal)

Tons o' Fun at the Nevada Supreme Court

Tons o' Fun showed up at the Nevada Supreme Court today to argue her constitutional challenge to judicial term limits. Judge Halverson claims that it was unconstitutional for the legislature to limit her judicial position to two years.

Las Vegas Now reports:

Judge Halverson is arguing that the Nevada constitution explicitly requires judges' terms to be six years. Justices pointed out that since 1871, the Nevada legislature has been setting shorter terms for new offices, including judges. That is done to synchronize election cycles.

Judge Halverson argued just because it has been done in the past does not mean it should be allowed to continue today.

Then Justice James Hardesty became my new hero:

[Justice Hardesty] then suggested one of the options would be to invalidate --or 'vacate' -- Judge Halverson's office along with other similarly situated judges.

Justice Hardesty called Halverson out for simply appealing so she can keep her seat. He laid it out there that if the legislature unconstitutionally created her judicial seat, the Court's shouldn't revise the position to six years, but should eliminate the unconstitutional position. Points to Justice Hardesty for throwing Halverson's strict interpretation line of crap back in her face.

Video of the hearing is available here.