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

Carson City Corruption – Mayor Bob Crowell address various problems in Cartoon City

Corrupt Carson DAS Chief Rory Planeta “retires” (See 4 minute mark)

Published on Aug 1, 2013

Mayor Bob Crowell updates us on the actions taken by the Board of Supervisors at it’s last meeting. It’s Your City is a weekly program aimed at keeping you informed about city government and other organizations/happenings around Carson City, Nevada.

Continue reading

Carson City and Douglas County Department of Alternitve Sentencing violated civil rights of pre-trial Defendants

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Carson City DAS is Corrupt as hellEarlier we did a story on how the Carson City (as well as Douglas County) Department of Alternative Sentencing (“DAS”) is a fraud.

Here is an update to this DAS scandal: http://wp.me/p2cFpU-XC

Defendants under supervision by the Carson City, Nevada and/or Douglas County, Nevada DAS prior to July 01, 2013 were illegally deprived their Constitutional rights since DAS acted outside their jurisdiction pursuant to NRS 211A. Pre Trial Defendants were not defined as “Probationers” and DAS legally had no jurisdiction.

The 2013 Nevada Legislature passed SB101 which was signed into law by Governor Brian Sandoval and made effective July 01, 2013. SB101 was to protect their asses, however the law is not retroactive i.e. ex post facto.

We have discovered that many people, pre-trial Defendants,  who were awaiting a trial (pre trial release) were illegally supervised by DAS prior to July 01, 2013 may have civil recourse in the federal courts under Title 42, Section 1983 for civil rights violations against the DAS, the State, the Judge, the county and individuals for acting under the color of law outside their jurisdiction.

The leading case on this matter is United States v. Scott: Should a Pre-Trial Releasee Be Subject to Fourth Amendment Searches and Seizures Based on Probable Cause or Reasonable Suspicion?
By Gina M. Muccio

The Ninth Circuit affirmed the United States District Court for the District of Nevada’s suppression of a shotgun and statements made by defendant, Raymond Lee Scott (Scott), as a violation of Scott’s Fourth Amendment rights.

The court held that the government may not conduct a search of an individual released while awaiting trial, based on less than probable cause even when his Fourth Amendment rights were waived as a condition of pre-trial release.

Judge TatroSENATE BILL NO. 101–SENATOR JAMES SETTELMEYER
FEBRUARY 11, 2013
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to departments of
alternative sentencing. (BDR 16-464)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to departments of alternative sentencing;
authorizing a department of alternative sentencing to
supervise certain persons who are released from custody
before trial or sentencing; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
SENATOR JAMES SETTELMEYER1 Existing law authorizes the governing body of each county or city to create a department of alternative sentencing for the purposes of supervising certain persons convicted of misdemeanors and serving suspended sentences or terms of residential confinement. (Chapter 211A of NRS) This bill: (1) authorizes a department of alternative sentencing to supervise persons charged with or convicted of misdemeanors, gross misdemeanors or felonies who have been released from custody before trial or sentencing, subject to the conditions imposed by the court; and (2) provides that such persons are generally subject to the same statutory provisions as the other persons currently supervised by a department of alternative
sentencing.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1 Section 1. NRS 211A.050 is hereby amended to read as
2 follows:
3 211A.050 “Court” means a court having jurisdiction over a Continue reading

How the Carson City Nevada Department of Alternative Sentencing is a Fraud

In some cities and counties in Nevada, the courts use a Department of Alternative Sentencing instead of the Sheriff to act pursuant to NRS Chapter 211A. The Carson City Court is notorious for using the Department of Alternative Sentencing as a mini police force akin to little NAZIs. Alternitive Sentencing

The Carson City Court, and in particular Judge John Tatro, uses the Department of Alternative Sentencing (“DAS”) to enforce  matters outside the “DAS”  jurisdiction. As a matter of law, DAS only has jurisdiction over “probationers”  as defined by NRS 211A.070  “Probationer” defined.  “Probationer” means a person who has been convicted of a misdemeanor. The key word is “convicted”. Nowhere does the law give DAS jurisdiction over anyone else, including “pre trial” defendants.

Rory Planeta Chief Department of Alternative Sentencing

Rory Planeta Chief Department of Alternative Sentencing

The Carson City DAS is really a for profit center that over pays its employees and is run like a NAZI gestapo. Meet Carson City Department of “Alternative Sentencing” Chief Rory Planeta who made $147,909.99 in 2011. 

Rory Planeta
Chief of Alternative Sentencing, Carson City
rplaneta@carson.org
775.887.2528 x30029

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 Planeta made $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. 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