Assemblyman Richard Carrillo’s misdemeanor DUI conviction was overturned on appeal due to Judge Tatro fuck up

Assemblyman Richard Carrillo’s misdemeanor DUI conviction was overturned on appeal to the District Court on Tuesday.

But the ruling came only after his lawyer Larry Dunn threw a Hail Mary pass following Judge James Wilson’s initial ruling upholding the DUI but tossing the gun charge.

Wilson reversed the charge of carrying a gun while intoxicated because he said the blood test showing Carrillo was at 0.10 blood alcohol wasn’t admissible. He made that ruling based on testimony by the Washoe crime lab technician she didn’t supervise and control all the elements of the testing process and couldn’t vouch for the pieces she wasn’t involved in.

At that point, Dunn stood and asked how the judge could then uphold the DUI since that conviction was based on the same blood test he had just thrown out.

Wilson looked back in the transcript of Justice of the Peace John Tatro’s decision and agreed with Dunn that Tatro found Carrillo guilty of DUI based solely on the blood test, not on any other tests or evidence Carrillo was intoxicated.

“So it appears the DUI needs to be reversed too,” said Wilson correcting himself.

judge tatroThe Washoe Crime Lab didn’t administer multiple tests to establish whether Carrillo’s alcohol level was on the way up or on the way down and couldn’t say for beyond a reasonable doubt his blood alcohol level was above the legal limit when he was found asleep in his vehicle.

Carrillo was arrested February 27 during the 2015 Legislature after he was found asleep in the driver’s seat of his sports car with the engine running and his hand on the gearshift. Tatro initially ruled he was “in actual physical control” of the vehicle and therefore guilty of DUI. The car was parked on the street outside Jimmy G’s bar where Carrillo had been drinking.

Dunn said the ruling would make the crime lab tighten up its rules and procedures but he believed the arrest was bad in the first place because there was no evidence Carrillo had driven the car while drunk or had made any attempt to do so.

Wilson’s decision lifts the penalties imposed by Tatro including 42 hours of community service, fines totaling $800 and a ban on possessing any firearms for a year.

Carrillo said afterward the ruling “lifts a huge weight” off of him.

Dunn said simply it was “the right decision from the beginning.”

Prosecutors begin their case against Judge Tracie Hunter Hunter faces nine felony charges – Defense begins case by raising questions about backdating court documents

CINCINNATI – Tracie Hunter’s attorney began her defense Friday by raising questions about workers backdating documents in the suspended juvenile judge’s court.

See viceo here: http://www.wlwt.com/news/prosecutors-begin-their-case-against-judge-tracie-hunter/27997398

and here:

http://www.wcpo.com/news/local-news/tracie-hunter-trial-attorneys-to-argue-motion-to-dismiss-case-against-suspended-juvenile-judge

The same backdating thing happened in Carson City by Judge James E. Wison, the clerk and the Nevada Attorney General Catherine Cortez Masto:

see that story here: https://nevadastatepersonnelwatch.wordpress.com/2012/06/26/krnv-investigates-nevada-attorney-general-carson-city-district-court-backdating-scandal/

tracie hunterAfter Judge Norbert Nadel denied his motion to dismiss the case, Hunter’s attorney, Clyde Bennett II, grilled Lisa Miller, a part-timecase manager in Hunter’s court.

Miller said she and others backdated documents in Hunter’s court because they could not keep up with the amount of filings.

Bennett has claimed in court that Miller, not Hunter, backdated the two court filings at the center of one of the nine felony counts against Hunter.

Prosecutors accuse Hunter of backdating documents in two specific cases so they could not appeal her rulings

Under Bennett’s questioning, Miller testified that two other court workers, Connie Murdock and Cathy Dykes, backdated multiple documents in Hunter’s court. Miller testified that Murdock is her supervisor and Dykes works in deliquency but is called in to help when needed.Backdating_v4

Bennett made the point that several people were needed toscan documents in Hunter’s court because Hunter didn’t have a full-time case manager. The other juvenile court judge, John Williams, does have a full-time case manager, Bennett said.

Miller acknowledged that she backdated documents if she wasn’t able to file all of them on the day they were created. She said she would only backdate documents to match a hearing date.

Prosecutors say backdating, whether common or not, is a crime if it is done to prevent prosecutors from appealing.

Prosecutors have stated that Hunter is responsible for filings in her court, so even if she didn’t backdate the two documents at the center of the charge against her, she would be culpable if she signed an incorrectly dated entry.

The court recessed at 3:30 p.m. with Miller on the stand. She will continue her testimony when court resumes at 10 a.m. Monday.

WATCH the trial live on WCPO.com’s livestream

While Nadel ruled Friday he would let the jury decide the case, he added that some of the nine counts may be redundant.

Nadel heard arguments about the dismissal motion Thursday afternoon in open court after letting the jury go for the day.

Special prosecutor Merlyn Shiverdecker argued that it was simple to make the charge of theft in office against Hunter for charging $1,100 in filing fees on her county credit card.

“She knowingly used the credit card. She received the benefits of not having to pay the filing fees herself. That’s theft in office,” Shiverdecker said.

Shiverdecker said Hunter submitted false documents even if someone else in her office backdated them, as Hunter’s attorney claims.

“She signed two entries that had the wrong dates on them. Therefore, they were purported to be something they were not,” he said.

NBC KRNV news cover Nevada Attorney General Catherine Cortez Cortez Masto backdating scandal

NBC KRNV news cover Nevada Attorney General Catherine Cortez Cortez Masto backdating scandal

“She signed the entries. She’s responsible. It’s the jury’s decision to decide if she did it to impede prosecutors in their attempt to appeal.”

Bennett presented testimony Monday from a company official that installed the CMS that Miller and at least four other people in juvenile court backdated documents.

Bennett, seeking to have the charges dismissed, led off his argument by claiming the prosecution presented “no evidence that Judge Hunter backdated any entries.”

Bennett defended Hunter against the charge of unlawful interference with a public contract by claiming she did nothing to help her brother in a disciplinary hearing after he punched a juvenile inmate at the juvenile jail, where he worked.

Stephen Hunter testified Wednesday that his sister gave him documents in the case – including the inmate’s medical records – one day before his disciplinary hearing. Stephen Hunter’s supervisor testified that he thought that was a conflict of interest.

Afterward, Nadel said he had three options:

> Grant the motion in full, which would mean dropping all nine felony counts against Hunter and ending the trial;

> Grant the motion in part, dropping some counts.

> Reject the motion completely,

It only takes 800 signatures to remove a corrupt Judge from their bench…

It is time to start a petition to “RECALL corrupt Judge Ramsey”  (and corrupt Carson City judges Tatro and James E. Wilson) It only takes 800 signatures to remove a corrupt Judge from their bench…

EDITORIAL: Recall Ramsey
LAS VEGAS REVIEW-JOURNAL
So, are North Las Vegas voters ready to recall Municipal Judge Catherine Ramsey yet? If not, how much of the financially ailing city’s funds must the judge squander before taxpayers realize a recall ballot actually might save them money?

The judge has filed a lawsuit against the city and fellow Municipal Judge Sean Hoeffgen over the legal bills she has incurred as a result of just some of her monarchical behavior. The city attorney’s office has refused to defend the judge in a wrongful termination lawsuit filed by her formal judicial assistant, and Judge Ramsey is so determined to make taxpayers cover the fees that she used her city purchasing card to pay her attorney $12,000.

Judge Ramsey’s counsel claims she is out about $15,000 of her own money on top of that, fighting the allegations of Susan Forti, a longtime court employee who campaigned to elect Ramsey but says she was fired via text message shortly after the judge won election in 2011. Judge Ramsey alleges she fired Ms. Forti, in part, on advice from Judge Hoeffgen, and that the city is obligated to defend her in the case.

Judge Ramsey’s scorched-earth determination to fight the lawsuit and waste the limited resources of a city with almost no reserves is a testament to her arrogance and sense of entitlement. Ms. Forti asked for $20,500 in damages and a personal apology to settle her lawsuit. Yet the judge has piled up more than $27,000 in fees to preserve, what, exactly? Her reputation? Attorneys, courtroom staff and city officials already consider her a cross between Imelda Marcos and Queen Mary I.

That’s because Judge Ramsey has been the subject of several complaints from current and former employees who said she engaged in “hostile,” “intimidating” and “discriminatory” conduct. Those complaints cost the city $53,000 in settlements and investigatory expenses. As reported by the Review-Journal’s James DeHaven, the city might yet launch another investigation into her workplace behavior.

And then there’s the far more worrisome matter of Judge Ramsey’s on-the-bench behavior. Attorneys say she’s dismissing cases and reducing charges to punish the city attorney for not defending her and City Hall for cutting Municipal Court funding. Her vindictive approach is costing the city as much as $10,000 per month in fee and fine collections.

Do the math, North Las Vegas. Judge Ramsey is deliberately depriving city government of up to $120,000 per year in revenues. She’s costing city government tens of thousands of additional dollars in settlement and investigatory costs. She allowed a private attorney to collect payment from a city charge card. Her lawsuit no doubt will cost the city thousands more dollars, even if the city prevails (as it should). And for all this, she is collecting more than $200,000 per year in total compensation, according to TransparentNevada.com.

It could take the Nevada Commission on Judicial Discipline years to investigate Judge Ramsey, provided a complaint was filed. So what’s cheaper, North Las Vegas? Letting Judge Ramsey remain in office until at least 2017? Or gathering a little more than 800 signatures and staging a recall election? We hope city voters choose the latter.

(4 photos)

Nevada Corrupt Politicians's photo.
Nevada Corrupt Politicians's photo.
Nevada Corrupt Politicians's photo.
Nevada Corrupt Politicians's photo.

Hmmm, Just like the crap in Carson City Nevada – TX Judge accused of creating false court records Lawyer’s complaints that filings were backdated touch off probe in state court and lead clerk to resign

Aside

Lawyer’s complaints that filings were backdated touch off probe in state court and lead clerk to resign

back dateTexas State District Court Judge Denise Pratt is under investigation, accused of backdating court records to make it appear that she issued rulings and filed court documents sooner than she actually did, according to county officials.Judge Denise Pratt

Allegations against the 311th family court judge, raised by a Houston-area family lawyer in a criminal complaint filed with the Harris County District Attorney’s Office and the State Commission on Judicial Conduct, already have led to the resignation of Pratt’s court clerk.

Webster-based family lawyer Greg Enos, whose criminal complaint last year against a Galveston County court-at-law judge sparked an investigation by the state attorney general and multiple indictments that led to the judge’s suspension and subsequent resignation, said he delivered his complaint against Pratt to First Assistant District Attorney Belinda Hill on Monday. Enos said he believes the office has already launched an investigation. A spokesman for the district attorney’s office said he “can’t confirm or deny” whether any investigation is underway, but county and other sources say the office is looking into it and already has contacted attorneys to arrange interviews. The concerns Enos is raising also have touched off an investigation by the Harris County District Clerk, the official keeper of all court records.

Hmmm, Just like the crap in Carson City Nevada – TX Judge accused of creating false court records Lawyer’s complaints that filings were backdated touch off probe in state court and lead clerk to resign

A Carson City man says the court clerk there is illegally back dating judicial filings for the state Attorney General. Todd Robben says a court filing by the Attorney General’s office in his wrongful termination case against the state’s Department of Taxation was dated in time to meet a procedural deadline, December 20th, but it wasn’t actually turned over to the court until at least the next day after that deadline. Read the rest of this story

 

District Clerk Chris Daniel said he looked into two of the six cases Enos included in his complaint, which led to the resignation on Monday of Pratt’s lead clerk, a well-liked, 25-year employee of the District Clerk’s office. Daniel said he found records were postdated or mis-marked in those two cases, and that he is looking into a seventh one that another family lawyer brought to his attention. Delays in rulings An inaccurate timestamp or missing signature on a court document not only erodes “the integrity of the record,” Daniel said, but can have an impact on appeals and other legal processes. “If you have the wrong date on a document, then statutorily you can run out of time to appeal a case, and that’s where the most damage is,” he said. Pratt did not respond to several requests for comment, but her campaign consultant, Allen Blakemore, issued a statement late Thursday suggesting Enos’ complaint is the result of hurt feelings. “The legal system produces winners and losers,” the statement says. “Sometimes losers get their feelings hurt. Often the easiest person to blame for an unwanted outcome is the judge.”

The statement, which says an unnamed lawyer “has already been forced to recant some of his claims and has even offered an apology,” goes on to say that “there are hundreds of attorneys who appear in this court who are satisfied” and that Pratt “looks forward to a speedy resolution of this criticism from one unhappy lawyer.” Blakemore confirmed the statement is referring to Enos. While the mis-marking and backdating of renditions and other documents are the crux of Enos’ complaint, it also says Pratt “takes months to make rulings in contested cases” when most family court judges do so immediately or within a few days. Enos alleges that the backdating or other mis-markings are meant to cover up the delays, writing in his complaint that “Pratt was acting like a fourth-grader who, on the day after her parents got the report card with the ‘F’ for not doing homework, stayed up late and did her homework assignments and dated them six weeks before.” Enos, whose law firm has a case scheduled for trial in Pratt’s court Friday morning, said his quarrel with the judge, who was first elected in 2010, is not personal.

“The only times I’ve had actual cases in Judge Pratt’s court, my clients have won, so I’m not disgruntled against her personally, but I’m just upset by what I see happening,” the attorney said. Several lawyers involved in the cases Enos cites in his complaint said they never have experienced such problems with a judge. Similar complaints Marcia Zimmerman, a 30-year veteran family lawyer based in Clear Lake, said she resorted to filing a motion after waiting for months on a ruling from Pratt. When the ruling finally came in, she was surprised to see the date listed was months before she had filed her motion. “I don’t think any of us believed the ruling was actually made before the petition for writ of mandamus because, why would she rule and not tell anybody?” Zimmerman said, noting that Pratt also missed two scheduled hearings. Family lawyer Robert Clark said he had a similar experience, arguing a case in January and then waiting five months for a ruling from Pratt that the official court record now says was issued on Jan. 30, the day before the two-day trial actually ended. “The thing is, it’s had a seriously adverse affect on the child in this case and my client,” Clark said. “This is just egregious.” Enos’ previous complaint against Galveston County Court-at-Law Judge Christopher Dupuy was filed with the Galveston County DA’s Office, which forwarded it to the state attorney general. Dupuy was indicted on eight criminal counts charging him with abuse of office in May and, in August, arrested for contempt of court and sentenced to 45 days in jail. Last month, he resigned from the bench and pleaded guilty to two misdemeanors in exchange for two years of probation. Blakemore said Pratt intends to run for a second term and already has begun campaigning. The filing deadline is Dec. 9.

If the allegations hold up, though, the Harris County Republican Party may ask Pratt to step aside, said Chairman Jared Woodfill, who is convening an advisory board to review Enos’ complaint. The last time the board convened was in 2006 to review allegations against former Harris County District Attorney Chuck Rosenthal, who eventually decided not to run. “We don’t turn a blind eye to these allegations,” Woodfill said. “We are going to be looking into them and we will proceed accordingly.”

Carson City District Court Judges James “Jim” E. Wilson and James Todd Russell both announce re-election runs

judge wilsonJudge Jim Wilson will seek re-election as district court judge. Judge Wilson was elected to the First Judicial District Court, which serves Carson City and Storey County, in 2008.

Judge Wilson graduated from Carson High School, the University of Nevada, Reno, and McGeorge School of Law. He was a deputy district attorney and then Elko County District Attorney. He was in private practice in Carson City for 22 years before taking the bench.

“As the Code of Judicial Conduct says, ‘an independent, fair and impartial judiciary is indispensable to our system of justice. The American legal system is based upon the principle that an independent, impartial, and competent judiciary, composed of men and women of integrity, will interpret and apply the law that governs our society.’ I have dedicated myself to honoring and strengthening that principle,” Judge Wilson said.

Judge Wilson has been recognized by the Nevada Supreme Court and the National Judicial College for his judicial education accomplishments and is a leader in the Nevada judicial community serving as Chairman of the Sierra Judicial Council, representative to the State Judicial Council, and a member of the Nevada Supreme Court Juvenile Justice Commission and Access to Justice Commission.

Before law school Judge Wilson served as a Carson City Deputy Sheriff and later served as a Sparks Reserve Police Officer. He has been active for many years in youth sports programs, Boy Scouts, and served as PTA president.judge_russell

Carson City District Court Judge James Todd Russell has announced he will run for re-election. Judge Russell was appointed to the bench by Nevada Gov. Kenny Guinn in December 2006. He was then elected on Nov. 7, 2008, being unopposed for a six-year term commencing in January 2009.

Judge Russell grew up on Carson City, attended Carson High School and graduated from the University of Nevada, Reno in 1969, with a Bachelor of Science Degree in Business Administration. From 1969 to 1971, he served in the U.S. Army as a 1st Lieutenant.

Nevada Department of Alternative Sentencing did not have legal jurisdiction over Pre-Trial Defendants prior to July 2013 If you were under DAS supervision, you may have legal recourse to sue

department of alternative sentencing

WTF NevadaAttention – Were you ever incarcerated in the Carson City jail? Was your food poisoned? Mine was and I posed a story that has gone viral with other people also claiming their food and water was tainted.  This happened to people in the ‘Hole’ and solitary confinement. This story is one of the biggest Facebook stories we’ve written with 420 Facebook like and referrals.

https://nevadastatepersonnelwatch.wordpress.com/2012/10/12/carson-city-jail-putting-methadone-in-the-waterfood/

ATTENTION Carson City, Douglas, Reno, Henderson, Nevada Department of Alternative Sentencing (“DAS”) did not have legal jurisdiction over Pre-Trial Defendants prior to July 2013 If you were under DAS supervision, you may have legal recourse to sue in federal court under Title 42, Section 1983 and have any related criminal charges, pleas and convictions vacated.

Nevada Department of Alternative Sentencing SB101 hearing. Carson City DAS did not have legal jurisdiction of pre trial defendants.

People have constitutional right we can’t stomp on either the US Constitution or the Nevada Constitution and I oppose the end result what this bill is going to allow them to do which they’re already doing without authority.

Bail has to be reasonable it can’t be coercive.

They can search their home they can search there be a call they have not been convicted they are charged with the crime whether it be a misdemeanor a gross misdemeanor or felony they still have their constitutional rights so my concern is that we’re taking these rights away from people. Continue reading

Lawsuits target abuse in Carson City Court Department of Alternative Sentencing program

carson city alternitve sentencingLawsuits target abuse in Carson City Court Department of Alternative Sentencing program.

see updated story here; https://nevadastatepersonnelwatch.wordpress.com/2013/08/16/nevada-department-of-alternative-sentencing-did-not-have-legal-jurisdiction-over-pre-trial-defendants-prior-to-july-2013-if-you-were-under-das-supervision-you-may-have-legal-recourse-to-sue/

In Carson City, Douglas County and Henderson Nevada, the courts have created an internal police force called the Department of Alternative Sentencing (“DAS”).  The courts in these jurisdictions bypassed the State parole and probation department and took on jurisdiction of people who have been charged, but not convicted of a crime. These people are known as pre-trial Defendants.

carson city courthouse

carson city courthouse

Prior to July 2013 when the laws governing DAS were modified by the Nevada Legislature in Senate Bill 101 and signed into law by Governor Brian Sandoval, DAS had no legal jurisdiction over pre-trial Defendants.

We know the Carson City DAS exploited its power and acted outside jurisdiction when assuming control over hundreds and easily thousands of pre-trial Defendants prior to July 2013. DAS essentially and prematurely put pre-trial Defendants on “probation”  which subjected these people, presumed to be innocent, on GPS monitoring, house arrest, subject to search and seizure, drug and/or alcohol testing and even body cavity searches.

DAS is also widely know for illegally changing court orders and conditions of pre-trial Defendants that were never subject to their jurisdiction.

In the minutes of the Nevada Senate Committee on Judiciary from February 27, 2013 show Carson City DAS Chief Rory Plantea stating on the record how he and his DAS have been breaking the law and violating pre-trial Defendants civil rights.

Click here for SB101: SB101 Nevada DAS new law 2013

Minutes from the Nevada Senate Committee on Judiciary February 27, 2013

Click here for PDF file: DAS minutes from 2013 Nevada SB101

James Settlemyer

Sen. James Settlemeyer

SENATE BILL 101: Revises provisions relating to departments of alternative sentencing. (BDR 16-464)
Senator James A. Settelmeyer (Senatorial District No. 17):

I apologize for not getting the language correct to begin with and having to work off the mock-up (Exhibit G). The changes in the mock-up are necessary to incorporate some important and necessary clarifications.

This bill allows for pretrial sentencing to be done by the county or city department of alternative sentencing. When this was discussed in the past, some said the State should be doing it. However, we know the State does not have the funds to implement pretrial sentencing, so the counties do it. This bill enables legislation, adding the word “may,” so there is no fiscal impact to the counties since it is at their own discretion whether to participate.

There are often conditions of bail that the court stipulates, including restraining orders, temporary protection orders (TPO), firearm purchase bans, controlled substance use bans, etc. These departments can do this and provide a valuable service to the courts to review the bail stipulations and make sure the conditions are met. In some counties, these issues are being handled differently. This bill is an attempt to help those counties without a separate program to implement alternative sentencing. We are attempting to codify activities already being implemented in many counties. tick

Chair Segerblom:
This is not the first bill we have seen from Douglas County about this issue.

Senator Settelmeyer:
Yes, we had this bill in the Assembly. At that time, we felt the State should deal with the issue, but since that time, the State has not stepped forward.

Michael Beam (Chief, Department of Alternative Sentencing, Douglas County):
We perform these functions for the courts in Douglas County and Carson City. We serve both the district and justice courts. We ask that this issue be addressed in the statutory provisions of chapter 211A of Nevada Revised Statutes to make it right. We perform pretrial services for persons accused of crimes and awaiting sentencing or trial. The court imposes conditions, and we supervise those individuals to make sure he or she complies with those conditions. We support this bill.

Chair Segerblom:
If there are orders from the judge, like drug testing or curfews, you make sure it happens, is that correct?

Mr. Beam:
Yes. A range of conditions can be imposed—drug or alcohol clauses, testing, firearm provisions, TPOs, stay-away orders, etc. It varies case by case.

Chair Segerblom:
In sounds like it saves money because the offender is not in jail and can work, depending on the case.

Mr. Beam:
Absolutely, on pretrial with bail conditions.

Rory Planeta Chief Department of Alternative Sentencing

Rory Planeta Chief Department of Alternative Sentencing

Rory Planeta (Chief, Department of Alternative Sentencing, Carson City):
We supervise persons who are released on bail or released on their own recognizance without bail. The judge puts conditions on the offender, and we supervise. We work from NRS 178.484, which allows judges to place conditions on persons to protect the citizens and protect themselves. The judge makes the decision on which conditions to impose, and once the individual is placed under our supervision, we make sure he or she maintains those conditions or we bring him or her back to the judge. Those conditions can include drug testing, no weapons, no gang associations, etc. These conditions are necessary to protect the public. We support this bill.

Chair Segerblom:
Does this just apply to Douglas County and Carson City?

Senator Settelmeyer:
The provisions could apply to anyone wanting to implement them. Only these two counties are in this situation to my knowledge. Mr. Planeta, do you know of other counties similarly situated?

Mr. Planeta:
Yes. Henderson has alternative sentencing; it is called supervised release, which we think is a good term. Part of this bill refers to probationers, but that is not what we call them. They are persons released under the supervision of the Department. We also perform misdemeanor probation, suspended sentences, house arrest, etc. We feel this legislation is a natural progression for us to watch those individuals and keep our citizens safe.

Chair Segerblom:
This sounds like a great program. Do we have more supporters?

James J. Jackson (Nevada Judges of Limited Jurisdiction):
I represent the Nevada Judges of Limited Jurisdiction, representing municipal courts, justice courts and the State. We support this bill. Originally, the bill had mandatory language, but it is now permissive, so we are fine with it.

Laurel Stadler (Northern Nevada DUI Task Force):
We support alternative sentencing with DUI offenders. We support this bill.

Richard Glasson (Tahoe Township Justice Court, Douglas County):
This bill brings to light something I and other small court judges use on a daily basis. Alternative sentencing allows a judge to shape behaviors and responsibilities and provide protections before adjudication. While we presume everyone is innocent, there is a period of time between arrests and the disposition of the case that can be a sort of never-never land. This alternative sentencing tool allows us to put some people on a right path and potentially eliminates the need for posttrial supervision or probation because the person has proven in advance that he or she has taken these classes or sobriety conditions seriously.

Chair Segerblom:
You can take information from the individual’s cooperation with conditions imposed during pretrial and apply it to sentencing?

Judge Glasson:
Absolutely. There have been times when, because of the abysmal behaviors between arrests and trial, arrestees prove they are not going to be responsive to probation later on. More often than not, we see that these arrestees are just good, responsible people who might have stubbed their toes. They follow the straight and narrow during pretrial, and we do not have a recidivism problem with them when we use this tool.

Chair Segerblom:
Do district attorneys have access to the pretrial information when they are making decisions?

gpsJudge Glasson:
Yes, it is public information. The ankle bracelets and other tools we use are wonderful technology. gps orwell

Mr. O’Callaghan:
The Las Vegas Metropolitan Police Department is neutral on this bill. I also represent the Nevada Sheriffs’ and Chiefs’ Association, and that organization supports this bill.

Mark Jacobs (Chief Marshal, Henderson Alternative Sentencing Division, City of Henderson):
We fully support this bill. It would be a great tool for us to use on a local level. We supervise around 2,000 probationers and 200 individuals released with conditions of release from our courts every day. This bill would allow us to get over some challenging hurdles in supervising those offenders.

Chair Segerblom:
Do the individuals who have been charged with the crime have to pay for equipment issued to them, like ankle bracelets?

Mr. Jacobs:
Yes. It is not a burden on the taxpayers, and that is also true of our probationers. When we have individuals released with conditions, we have concerns about situations like no contact orders, no further arrest clauses, drug and alcohol testing, GPS monitoring, alcohol monitoring, etc. It is a challenge to try and enforce and keep track of these people and those conditions without a specific statute.

Ian Massy (City of Henderson):
We support this bill.

Diane R. Crow (State Public Defender, Office of the State Public Defender):
I represent people in Carson City, Storey County, White Pine County and Eureka County. I do not oppose the spirit of this bill, but I oppose the end result as we have seen it here in Carson City. Conditions of bail that are supervised by alternative sentencing include call-in and color-coded drug testing. This means a person who has been arrested and not convicted of a crime and not lost his or her constitutional rights is required to call in on a daily basis. If their color is called, they must go in during certain hours and take a drug test. If they are not on color-coded testing, they can just be called in any day or an officer can go to their houses and require them to provide a drug test. The officer can search accused people’s homes and vehicles even though they have not been convicted. They are charged with a crime—misdemeanor, gross misdemeanor or felony—but they still have their constitutional rights. My concern is that we are taking the rights away from people who have not been convicted.

This bill, to me, is somewhat akin to a bill introduced last session regarding DNA testing of anyone arrested for a felony. People have constitutional rights. We cannot stomp on either the U.S. Constitution or the Nevada Constitution.

Chair Segerblom:
If a person does not agree to the conditions of release terms, can he or she stay in jail or post bail?

Ms. Crow:
That is another issue of constitutionality. Bail has to be reasonable, not coercive. You cannot force someone to agree to drug testing to get out of jail.

Chair Segerblom:
If a person refuses to cooperate with the drug testing, does the bail go so high it is impossible for them to pay?

Ms. Crow:
Most of my clients cannot make bail. If the person does not agree to the drug testing conditions, that contributes to the denial of one’s own recognizance release. That is coercion. Who does not want to get out of jail—to go back home, go back to work and support the family? It is coercive to force someone to give up his or her constitutional rights to get out of jail. I am very concerned about the ultimate outcome of this bill.

browerSenator Brower:
The government has enormous power, particularly over those who are arrested. From the law enforcement perspective, these issues have been litigated long ago. It is part of the system and has been upheld by state and federal courts around the Country—that the types of things here do not violate the U.S. Constitution. No less than the U.S. Supreme Court has said that upon arrest, your defense rights are not the same as someone who has not been arrested. Therefore, people can be held in custody in some cases and in other cases, they can be released but on certain conditions. We have litigated these issues, have we not?

DAS is unconstitutional

we the peopleMs. Crow:
There has been litigation. There is a case out of the Ninth Circuit Court of Appeals: United States v. Scott, 450 F.3d 863 (9th Cir. 2005).

The United States District Court for the District of Nevada granted a motion to suppress for evidence that was obtained on supervision. The Ninth Circuit Court upheld the motion to suppress. The United States appealed it to the Ninth Circuit and the State lost.

The head notes of that case refer to constitutional rights of people not convicted and unconstitutional coercive conditions that cannot be imposed.

Senator Brower:
What conditions did the Ninth Circuit decide were unconstitutional?

Ms. Crow:
One head note says pretrial release individuals are not probationers. Probationers have a lesser expectation of privacy than the public at large. People released pending trial, by contrast, have suffered no judicial abridgement of their constitutional rights. Alternitive Sentencing

Senator Brower:
My point is that the issue of whether certain pretrial release conditions are unconstitutional has been litigated. It is a fact of our system that pretrial defendants are sometimes held in custody, their passports are removed, they are subjected to drug testing, etc. That is a bigger issue and not really what this bill is about.

Ms. Crow:
I agree that is not specifically what the bill is about, but it is the ultimate conclusion to this bill. The Ninth Circuit is stating that people not convicted still have constitutional rights, and it is invasive to go into their homes and require them to have search and seizure clause.

Senator Brower:
You are right. Even those who have been convicted have certain constitutional rights. The Eighth Amendment to the U.S. Constitution applies to even those who are incarcerated. What the courts have done over centuries is to decide conditions may be imposed that do not violate the Constitution. I respect the rights of you and your clients to challenge certain types of conditions, and it is up to the system to continually hear those challenges and decide whether they meet constitutional muster. The conditions we impose in this State and in the federal system have been determined constitutional by judges.

Chair Segerblom:
In pretrial supervision, if officers find drugs at homes of defendants, can they be prosecuted?

Ms. Crow:
Yes, but they generally are not. My other concern about this bill is that in most of the sections, while it includes new language about pretrial or presentence release, it still labels the person a probationer, which is not accurate.

Chair Segerblom:
We can change that in the bill.

Senator Hutchison:
Is there anything in this bill that is constitutionally infirm?

Ms. Crow:
No.

Mr. Spratley:
We are neutral on this bill because it does not apply to our jurisdiction of Washoe County, but we are in overall support of S.B. 101. Our jail supports the judicial, conditional release of inmates to not only help reduce our inmate population, but also allow those persons who made mistakes and can follow court conditions to be out of custody to live their lives. Without appropriate monitoring, as this bill provides, those conditions most likely would not be met.

Chair Segerblom:
As I understand it, this bill could apply to Washoe County if you opted for it. images

Mr. Spratley:
We do have a Department of Alternative Sentencing in Washoe County, but I am not sure of its role.

Senator Brower:
Is it a fact that without pretrial release, we could not keep every arrestee in custody?

Mr. Spratley:
That is true. Our jail is already 50 inmates shy of maximum capacity. We are always being creative in how we can let the people out whom we believe will follow the program and not continue to reoffend and create victims. This is a huge step in helping us manage our population statewide.

guiltySenator Brower:
Allowing arrestees out on their own recognizance or on bail without conditions does not work either.

Mr. Spratley:
Yes. It would be ludicrous to let arrestees go without some conditions, without them knowing someone may check up on them at any moment. A portion of arrestees will reoffend or drink without those imposed conditions.

Senator Settelmeyer:
Some of the wordsmithing addressed by the testifier in opposition may be found in the amendment. We had a bill a long time ago addressing the issue of the larger counties in the State having a division between the pretrial and the posttrial alternative sentencing departments, and the smaller counties wanted them together since they were already doing it that way. With this bill we are looking for codification for a practice that is already occurring.

Chair Segerblom:
I will close the hearing on S.B. 101 and adjourn the meeting of the Senate Committee on Judiciary at 10:13 a.m.

RESPECTFULLY SUBMITTED
Linda Hiller,
Committee Secretary
APPROVED BY:
Senator Tick Segerblom, Chair

Continue reading

50,000 hits!

Nevada State Personnel hits 50,000 views!

50K

off the hookNevada State Personnel WATCH celebrates 50,000 views from all over the world. We wish chartwe never had to start this website, but the rampant, wholesale corruption thieves in Nevada and the U.S. We were motivated to start this website in response to our ANTI Corruption protests in Carson City, Nevada where a group of citizens started protesting government, law enforcement and judicial corruption.  At that time Nevada received a D- rating for Judicial and Government corruption by the Center for Public Integrity.

See our You Tube channel here:

http://www.youtube.com/user/stumpjumpnty?feature=watch

50K

Nevada D- for CORRUPTION under Brian Sandoval http://www.stateintegrity.org/nevada

Nevada D- for CORRUPTION under Brian Sandoval and Catherine Cortez Masto

Nevada one of The Most Corrupt States
May 11, 2010 7:02 PM EDT
The Daily Beast crunches the numbers, from public embezzlement to private sector fraud, for all 50 states to rank which play dirty—and which have cleaned up their act. Continue reading

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

LVRJ logo

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

Nevada Commission on Judicial Discipline does little to STOP Corruption

Judge James E. Wilson Jr. Carson City corruption

Judge James E. Wilson Jr. Carson City corruption

The Nevada Commission on Judicial Discipline does little to STOP Corruption. I filed a complaint about Carson City District Court Judge James E. Wilson Jr. (a Mormon) and his involvement with the backdating scandal from 2012.The scandal included fabricated and withheld evidence, edited transcripts, perjury and more.

Nevada Attorney General Catherine Cortez Masto and her crony named Ann McDermott from Las Vegas along with the court clerk are implicated in the scandal.

Reno KRNV News 4 covered that story here on a “Fact Finder”. See it here.

As usual, the Nevada Commission on Judicial Discipline failed to mail my response to the correct mailed address and coverup the scandal for their cronies.

We feel the “public concern” is paramount and we’ll take the issue to the streets exposing this corrupt Judge and the  corrupt Nevada Commission on Judicial Discipline cover up. Look for new signs exposing these scumbags…

We feel the Nevada Supreme Court is the premier location for these protests with the current Legislative session going on and TV news crews all over the place.

Catherine Cortez Masto

Click to Play Video

The above video is the KRNV TV news 4 Fact Finder on

James E. Wilson Jr. Backdating Scandal

This video on youtube shows the rampant corruption in the court systems.  This is a brief preview of an incomplete documentary about the abuses of America’s Justice system, particularly in the family courts

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

Nevada State Personnel Watch gets over 10,000 hits worldwide

Our little Nevada ANTI-Corruption website has taken off and we’re celebrating our success with more updates and future demonstrations to promote the movement. We simply started the ANTI-Corruption movement as a grassroots effort with one cardboard sign and a cause to stand up to the corruption and relation in Nevada that has affected us personally.  We networked with other people who were also victims of Nevada’s web-of-corruption. See our stories – Mike Weston (Mike’s LawlessAmerica story) – Tonja BrownTy Robben (Lawless America video being produced and coming soon to expose the demonic rampant wholesale corruption in Nevada). Then there was the a new issue and cover-up by State of Nevada officials explained by Reno, NV KRNV mynews4.com NEWS. For now, please see our 2012 ANTI-Corruption Summer 2012 video.

https://nevadastatepersonnelwatch.wordpress.com

We made professional signs and a one-of-a-kind 150 long X 4 foot tall CRIME SCENE BANNER and protested in front of the Nevada State Capitol buildings in the spring and summer of 2012.  Stay tuned as NV ANTI-Corruption adapts to our new version 2.0 round of protesting and exposing corruption in Nevada. We’re also covering other Nevada, U.S. and world issues on this website to attract a wider audience to broader issues covered by Infowars, Lawless America  and others. To all united against tyranny and treason, we salute you.

Nevada ANTI-Corruption you-tube videos

NV ANTI corruption videos

Our youtube videos have also gone viral with over 50,000 hits and we’re in Lawless America the movie. Thank you for your support and please keep coming back to the NevadaStatePersonnelWATCH.wordpress.com website.

 

 

 

 

Sundance Film festival 2013 Lawless America

Sundance Film festival 2013 Lawless America

Are you aware some how Bill Windsor in all his splendor has the Lawless America the Movie Promos tied into the 2013 Sundance Film Festival? 

View here Sundance Film FestivalSUNDANCE FILM FESTIVAL VIDEOS.

 

 

 

Guy Felton's youtube channel

Guy Felton’s youtube channel

Please see our friend Guy Felton’s youtube “Nevadagate” series on Nevada Corruption with links posted below in this posting. Guy has put together about 10 videos explaining his perspective on the rampant, wholesale corruption in Nevada.  Topics include Judicial Corruption, Government Corruption to include AG Masto, Gov. Sandoval and much more.  Guy goes wide and deep into the issues and calls out these corrupt and criminal politicians.

Guy Felton’s youtube “Nevadagate” series on Nevada Corruption
Nevada government is permeated with a culture of corruption. Members of the state legislature meet for only 4 months every other year. This does not permit anything close to proper administration of the public affairs of Nevada’s 2.7-million residents.  Members of the upcoming 2013 legislative session are asked to answer tough-but-fair questions which might force changes for the better.
Part 2 of at least 3 intended parts

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

KRNV investigates Nevada Attorney General & Carson City District Court BACKDATING SCANDAL

KRNV investigates Nevada Attorney General BACKDATING SCANDAL in Carson City Nevada. NAG Catherine Cortez Masto’s office backdated court filings twice in the Carson City District Court. The court clerks and Judge James E. Wilson refuse to go on camera and are all implicated in the illegal backfilings.