Nevada Supreme Court rebukes judge for too-harsh treatment of defendant

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john tatro rebukeNevada Supreme Court rebukes judge for too-harsh treatment of defendant

The Supreme Court should rebuke Carson City Judge John Tatro by what he did to Ty Robben by retaliating against Robben with a $500,000.00 dollar bail and 22 days in jail for trumped up charges related to serving a subpoena to former NDOT Director Susan Martinovich who had actually committed a “hit and run” by running over Robben’s foot!

The Carson City Sheriff covered up the incident and the Sheriff, DA Neil Rombardo and Judge Tatro lashed out at Robben, poisoned his jail food and then sent Nevada “bounty hunters” after Robben in Lake Tahoe, CA. Now Robben has filed criminal charges against the Justin Brothers Bail Bond company, their bounty hunter named Doug Lewis. Robben has a multi-million dollar lawsuit against the Justin Bros and he’s filed a Judicial Ethics complaint against the Judge Tatro. Tatro and DA Rombardo continue the relentless retaliation against Robben and are trying to have him incarcerated once again!

Robben is fighting back with massive protests in Carson City Nevada in front of the courthouse and State capital including the Nevada Supreme Court with big signs demanding Judge Tatro and DA Rombardo resign.

The Nevada Supreme Court better clean up the lower courts in Nevada, including the Justice Courts. Most people do not know that a case from the Justice Court can only be appealed to the District Court in most cases, not the Supreme Court. People can suffer serious damage by a deranged Justice Court Judge (as happens in Carson City John Tatro’s court) – have no “trial” with a jury and only appeal to the District Court Judge who is as corrupt as the Justice Court Judge… No oversight and people are very, very outraged about the “manifest abuse of desecration” and flagerant  abuse of authority by acting under the color of law.

The Supreme Court wants a Nevada appellate court and they want voters to shell out millions of tax dollars to fund the scheme. With the recent D- corruption grade Nevada received by the center for Pubic Integrity in 2012, the Supreme MUST CLEAN UP and remove corrupt judges!

The Supreme Court order can be found here: PEREZ (JUAN) VS. DIST. CT. (STATE)

While the District Court, arguably, could have justified jailing Perez under its
contempt power, it violated these plain rules, It never formally held Perez in contempt.
It did not enter an order detailing the contemptuous behavior or specifying the
punishment. It did not cite Perez for criminal contempt or prove it beyond a reasonable
doubt. Instead, the Court summarily remanded him for displaying attitude and held him
without bail. Then in response to Perez’s motion for release or reinstatement of his
previously-posted bail, the Court increased his bail from $3,000,00 to $1,000,000,00
(which is tantamount to no bail given Perez’s financial ability), Other than Perez’s
alleged attitude, the record reveals no reason to warrant good cause for the increase.
The issue presented here does not simply concern the so-called fine print of
constitutional and statutory provisions on bail.

The deeper issue is guarding our founding principle that this is a government of laws, not of men, Rule of law means the “supremacy of regular power as opposed to arbitrary power.” Garner, Bryan A. (Editor in Chief), Black’s Law Dictionary, Abridged 9th Edition, p, 1137, (West Publishing Company, 2010). Permitting a court to increase bail based on a defendant’s demeanor is the mark of arbitrary power, Allowing it to justify its decision after the fact and under the guise of a defendant’s criminal history also exemplifies arbitrary power. Approving this under the court’s contempt power but relieving the court of its due process obligations prevents the ability to even review for capricious incarcerations, Our State in particular-with an elected judiciary-prizes accountability and safeguards against
misuses of judicial power, See Goldman v, Nevada Comm’n on Judicial Discipline, 108
Nev. 251, 256 (1992) (“Nevadans have historically manifested a pronounced sensitivity to potential abuses of judicial power.”); see also Houston v, Eighth Judicial Dist, Court I ex rel. County of Clark, 122 Nev. 544, 553 (2006) (noting contempt power should be  used with care and circumspection).

No matter a defendant’s insolence, the rule of law still protects him. Despite the daily challenge of presiding over rude defendants with poor attitudes, the rule of law does not accept misbehavior becoming the basis for setting bail.

…Petitioner later appeared in district court for the appointment of counsel after his retained attorney withdrew from representation. After petitioner thanked the district court for appointing new counsel, the district court informed the petitioner, “You’re remanded.
Thank you. An attitude like that, you can sit in jail.” Petitioner remained in jail for fifteen days without bail. Upon petitioner’s motion for setting of reasonable bail, the district court reiterated that petitioner had a “terrible attitude in court.” Petitioner apologized. The district court then denied petitioner’s request for bail citing his prior narcotics-related convictions, failure to appear in court twelve years earlier in a different case, and prior use of multiple social security numbers and aliases. After petitioner’s court appointed public defender made a second request for bail to be set, the district court set bail at $1,000,000. At a subsequent hearing to stay the proceedings so that the petitioner could file this petition, the district court instructed petitioner’s counsel to make sure to inform this court about petitioner’s “attitude” in district court. The Nevada Constitution guarantees the people of Nevada the right to bail in non-capital offenses and prohibits the district court from imposing excessive bail. See Nev. Const. art. 1, §§ 6 and 7; see also NRS 178.484(1) (“[A] person arrested for an offense other than murder of the first degree must be admitted to bail.” (emphasis added)); St. Pierre v. Sheriff, 90 Nev. 282, 286, 524 P.2d 1278, 1280 (1974) (“[O]ur Constitution does not encompass inclusion of a non-capital offense as non-bailable.”). “This traditional right to freedom before conviction permits the unhampered preparation of a defense, and serves to prevent the infliction of punishment prior to conviction.” Stack v. Boyle, 342 U.S. 1, 4 (1951). In deciding a reasonable amount for bail the district court may consider “the nature of the offense charged, the penalty which may be inflicted, the probability of the appearance of the accused, his pecuniary condition, his character and reputation, and the circumstances surrounding the case relative to the likelihood of conviction.” Ex parte Jagles and Varnes, 44 Nev. 370, 195 P. 808 (1921); see also NRS 178.498; NRS 178.4853. However, “Bail must not be. . . more than the accused can reasonably be expected under the circumstances to give, for if so it is substantially a denial of bail.” Ex parte Malley, 50 Nev. 248, 253, 256 P. 512, 514 (1927).
Our review of the record reveals that the district court violated the Nevada Constitution in two ways. It denied the petitioner bail for fifteen days and then imposed a bail amount which greatly exceeded the amount the petitioner could reasonably be expected to pay. As the real party in interest notes in its answering brief, the district court imposed a bail amount that was fifty times greater than the Clark County standard bail schedule for category B felonies. In light of the district court’s failure to consider all of the relevant factors, see NRS 178.498, its stated reason for remanding petitioner to custody, petitioner’s indigent status, and the amount of bail, we can only conclude that the district court was attempting to punish petitioner for his attitude without utilizing the procedures provided for in Nevada law. See NRS 22.030(1) (explaining when a person may be punished summarily for contempt); NRS 22.010 (defining contempt). For these reasons, we conclude that the district court manifestly abused its discretion by remanding petitioner to custodywithout bail for fifteen days and imposing excessive bail. See State v.Dist. Ct. (Armstrong), 127 Nev. , 267 P.3d 777, 779-80 (2011)
(discussing when a writ of mandamus will issue). We therefore

ORDER the petition GRANTED AND DIRECT THE CLERK OF THIS COURT TO ISSUE A WRIT OF MANDAMUS instructing the district court to vacate its order setting bail at $1,000,000, set bail at the original amount imposed by the justice court, and recuse itself from presiding over this matter.
Hardesty,  cc: Chief Judge, Eighth Judicial District Hon. Doug

By FRANCIS MCCABE – LAS VEGAS REVIEW-JOURNAL

rjDistrict Court Judge Doug Smith didn’t like the way Juan Perez said “Thank you.” – So the judge locked Perez up in jail for 15 days and then raised his bail from $3,000 to $1 million.

On Tuesday, the Nevada Supreme Court rebuked Smith, ordering Perez’s bail returned to $3,000 and the case moved to another judge’s courtroom.

The district court manifestly abused its discretion by remanding (Perez) to custody without bail for fifteen days and imposing excessive bail,” stated the Supreme Court order signed by justices Michael Cherry, James Hardesty and Ron Parraguirre.

Continue reading

Judicial Ethics Complaint filed against Carson City Judge John Tatro by Ty Robben

nv judicial ethics

Judicial Ethics Complaint filed against Carson City Judge John Tatro by Ty Robben

Commission Case No. _______________________
(For Commission use only)
Carson City Judge John Tatro

Carson City Judge John Tatro

NEVADA COMMISSION ON JUDICIAL DISCIPLINE

VERIFIED STATEMENT OF COMPLAINT

Part I: General Information

Date of This Form: April 06, 2013

Name of Person Completing This Form:  Ty Robben

Mailing Address of Person Completing This Form: CONFIDENTIAL

Daytime Telephone Number To Contact You: CONFIDENTIAL

Part II: Specific Information Regarding Complaint

Name of Nevada Judicial Officer (Only One Name Per Complaint Form): John Tatro.

Name of Court or Judicial District Involved:  Carson City Justice Court.

Case Number (Please Include All Letters and Numbers): 12-5139

This Case Is (Select One): _Pending In Trial Court On Appeal Not Pending or Closed

Nature of Complaint (Select One):   I Have Used The Standard Complaint Supplementary Form

Code of Judicial Conduct Section(s) Violated, If Known [(Example: Canon 3B(4)]:

Canon 1 Rule 1.1ComplianceWith the Law. A judge shall comply with the law, including the Code of Judicial Conduct.

Canon 1 Rule 1.2  PromotingConfidence in the Judiciary. A judge shall act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary and shall avoid impropriety and the appearance of impropriety.

Canon 1 Rule1.3 Avoiding Rule Abuse of the Prestige of Judicial Office. A judge shall not   abuse the prestige of judicial office to advance the personal or economic interests of the judge or others, or allow others to do so.

Canon 2 Rule 2.2 Impartiality and Fairness. A judge shall uphold and apply the law, and shall   perform all duties of judicial office fairly and impartially.

Canon 2 Rule 2.3 Bias, Prejudice, and Harassment.

Canon 2 Rule 2.6 Ensuring the Right to Be Heard.

Canon 2 Rule 2.9 Ex Parte Rule Communications.

Canon 2 Rule 2.11 Disqualification.

Canon 2 Rule 2.14 Disability and Impairment. A judge having a reasonable belief that the   performance of a lawyer or another judge is impaired by drugs or alcohol, or by a mental, emotional, or physical condition, shall take appropriate action, which may include a confidential referral to a lawyer or judicial assistance program.

Canon 2 Rule 2.16 Cooperation With Rule Disciplinary Authorities.

carson city courthouse

carson city courthouse

STANDARD COMPLAINT SUPPLEMENTARY FORM (STATEMENT OF FACTS)

The following is my explanation as to why the judicial officer named in this complaint has violated the Nevada Code of Judicial Conduct or suffers from a disability.

I am [select one]: [X] one of the litigants

The judge did the following things that I believe constitute misconduct (please be as specific as possible about the event or action and attach additional pages, if required).

nevada crime scene

I am writing this judicial ethics compliant against the very, very corrupt and impaired Justice of the Peace (“JP”) John Tatro of the Carson City Justice Court. “JP Tatro is not a well man.” Says my lawyer William Routsis recalling an episode of JP Tatro yelling, frothing at the mouth and lunging over the bench at Mr. Routsis. The incident was caught on the court audio/video. JP Taro has a long history of judicial complaints and violations of the Judicial Code of Conduct (“NCJC”) including a similar complaint in 2006 against JP Tatro by activist Tonja Brown. Ms. Brown and I are both ANTI Corruption activists in Carson City, NV and have protested against the Carson City courthouse. Both of us have had negative experiences with courthouse Department of Alternative Sentencing (“DAS”) $$ A FOR PROFIT ENTERPRISE $$  The DAS is also known as the (“KGB”). Ms. Brown was abused and arrested by the DAS for alleged “trespassing” into the courthouse to refresh herself! The courthouse is a public building.

Judge Tatro Carson City Corruption

Judge Tatro Carson City Corruption

Both Ms. Brown and I have protested and filed complaints against JP Tatro for his flagrant disregard for the law, the constitution and the NCJC as well as using DAS and the Justin Brothers Bail Bondsmen and their “Bounty Hunters” to illegally cross the State line into So. Lake Tahoe, CA and acting in concert with DAS and JP Tatro to act under the color of law and “serve a warrant” for the Carson City, Nevada, Justice Court JP John Tatro and his DAS – illegally and with callous and total disregard for the law and my rights and the rights of others in the State of California.

Judicial ethics complaint filed against Justice of Peace Tatro

Geoff Dornan –  Appeal Capitol Bureau Continue reading

Letters to the Editor of RGJ and NV Appeal – Why Nevada needs to clean up the corruption, not a new appellate court

The Las Vegas Sun ran a story about the Nevada Supreme Court and the need for an appeals court. Our position is the Nevada should clean up the lower courts first since Nevada ranks near the bottom of the list for corruptibility. See Mike Weston’s Letter to the Editor of the Reno and Carson City newspapers.

RGJ Opnion

nv-appeal-logo

opinion shopLetters to the Editor:

Clean up the lower courts and the corruption. Nevada received a D- grade on the Center for Public Integrity study in 2012 indicating rampant corruption. Nevada was one of the worst State in the Union. Time after time we hear the horror stories of judges running amuck and acting above the law by acting under the color of law to carry out vendettas and help the good ol boy network.

The road kill includes the likes of Las Vegas Judge Kathy Kathy Halverson, Reno Judge Jerry Carr Whitehead, Douglas Co Judge Jim EnEarl. New controversy is happening in Reno and Carson City with Judges Scott Pearson and John Tatro where the law is completely ignored and justice is obstructed in the cases of Reno resident Mike Weston and ANTI-Corruption activist Ty Robben from So. Tahoe, and formally Carson City, NV.

We’re getting attention, and we have the “Worlds Largest CRIME SCENE tape” and 4 foot tall by 150 long bright yellow banner and other massive signs like “John Tatro End the RAMPANT Corruption” and “Masto Backdates” and “Treason is a Capital crime”.

Both of us have been “demanding justice” using the legal system, however the system is broken. Judge Pearson is ignoring the DA Dick Gammick’s willingness to vacate and expunge a trumped up charge from over 8 years ago and now admits NHP edited the audio video dash cam footage!

Ty Robben has filed criminal, civil and judicial ethics complaints in his cases involving Judge Tatro.

Las Vegas Sun Brian Sandoval Security beefed up

Why Nevada needs a new appellate court

Sens. Tick Segerblom and Mark Hutchison

Friday, March 22, 2013 | 2:02 a.m.

Article 6 of the Nevada Constitution currently provides for one appellate court — the Supreme Court. Every single appeal from decisions rendered by Nevada’s 82 District Courts must be reviewed by the Supreme Court. This two-tier court structure has resulted in a staggering caseload for the Nevada Supreme Court, and the delay of justice — sometimes by years — for Nevada citizens. Continue reading

Nevada Intermediate Court of Appeals Amendment – Why not get the lower courts right first?

Nevada is one of only 10 states + DC without an intermediate appellate court. Like many other states, the state’s constitutional article related to the judiciary locks the state into a supreme court, district courts, justice of the peace courts, and (if the legislature approves, which it has), municipal courts. In 1980 and 1992 voters rejected efforts to amend the constitution to allow, but not require, the legislature to create an intermediate appellate. A third attempt in 2010 (Question 2) was rejected 47/53%.

Nevada judges are some of the highest paid in the Nation.

Nevada’s jurists are well compensated in comparison to their counterparts in other states, according to a 2011 report by the National Center for State Courts (NCSC). Judges for the state Supreme Court are paid $170,000 annually, which puts Nevada well above the average and 10th on the list of best-paying states. The median salary for state Supreme Court justices across the United States is $146,917.

According to transparentnevada.com Carson City judges are paid (2011) as follows:

John Tatro: $125,707.40 *

Tom Armstrong: $66,393.76 (partial pay from 2011) *

James Todd Russell: $172,080.96 *

James Wilson: $159,561.74 *

Carson City DA Neil Rombardo made $162,641.05 in 2011 *

Carson City Department of “Alternative Sentencing” Chief Rory Planetamade $147,909.99 in 2011. 

Other “Alternative Sentencing” public servants are paid very, very well and others not:

Catherine “Maddog” Summers was paid $113,597.47 in 2011.

Martin Hale was only paid $33,073.80 in 2011.

* This does not include bribes, kickbacks and other RICO Racketeer Influenced and Corrupt Organizations Act – “payments” that remain unreported.

A Carson City Justice/Municipal Court “Judge” (Justice of the Peace “JP”) only requires an education level of a High School Diploma – No higher education is required like say a degree in law!

From Carsonnow.org: The qualifications to be a candidate are established by Nevada State Law, (NRS 4.010) which states that a Justice of the Peace for Carson City must:

— Be a qualified elector

— Not have been removed from judicial office by the Legislature or removed or retired from judicial office by the Commission on Judicial Discipline

— Have a high school diploma or its equivalent as determined by the State Board of Education

— Reside in Carson City

The base pay range for the Justice of the Peace/Municipal Judge is $75,000 to $105,257.36 per year. The actual starting salary will be determined by the Carson City Board of Supervisors and will be based on the successful applicant’s education and experience.

California pays its high court judges the most of any state, with annual salaries of $218,237. But the pay scale varies widely for jurists in Nevada’s other neighboring states. Arizona pays its Supreme Court judges $155,000, while Utah pays them $145,350. The annual salary for high court judges in Oregon is $125,688, while Idaho pays just $119, 506.In general jurisdiction trial courts, Nevada judges are paid $160,000. The state is ranked 8th on the generosity list in this category. he median salary for general trial courts across the United States is $132,500.

The Survey of Judicial Salaries is published by the NCSC with information provided by state court administrative offices across the United States. The NCSC is a nonprofit organization dedicated to the modernization of court operations and the improvement of justice at the state and local levels throughout the country. It functions as an extension of the state court systems.

The Nevada Intermediate Court of Appeals Amendment may appear on the 2014 ballot in the state of Nevada as a legislatively-referred constitutional amendment. The measure would establish an intermediate court of appeals in the state. State Senator Michael Roberson claimed that the state’s courts are overloaded with cases, which is why the measure is being proposed. If approved, the court would use existing facilities to operate. According to reports, the measure’s $1.3 million cost would be used for salaries and other staff requirements.

A similar measure was found on the November 2, 2010 statewide general election ballot, where it was rejected by voters.

Nevada must get its judicial act together before Taxpayers allow millions more tax dollars to fuel the troubled Nevada judicial industrial complex.

Citizens and Taxpayers must demand competent judges that follow the laws and the constitutions of the United States and Nevada.

In January 2012 the Las Vegas Review Journal did a series of stories called “Judging the Judges”: Nevada high court justices again ask for appeals court

See the excellent LVRJ Story here: http://www.lvrj.com/news/judging-the-judges-nevada-high-court-justices-again-ask-for-appeals-court-136498223.html

Here are some of the reader comments:

Nevada judicial reform

Nevada judicial reform

We propose these standards as presented for the worst State, Georgia: http://www.lawlessamerica.com/index.php?option=com_content&view=article&id=716:candidate-for-judge-introduces-state-legislation-designed-to-reform-the-legal-and-judicial-process-changes-desperately-needed-part-1&catid=104:initiatives&Itemid=105

The business-as-usual methodology in Nevada’s courts must change.  Nevada received a D- grade for CORRUPTION from the Center for public integrity in 2012. The “Judicial Accountability” section got a D+ grade and this is unacceptable and must not be rewarded by expanding an already corrupt system.

Nevada corruption report card 2012

Nevada corruption report card 2012