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SPRING 2020 CONTENTS
LAW
12 // DR. STAN V. SMITH - ECONOMIC COMMENTARY 14 // CARES ACT SUMMARY 16 // STATE BAR OF NEVADA
JUDICIAL CANDIDATE SPOTLIGHT 20 || NANCY ALLF - DISCTRICT COURT JUDGE, DEPARTMENT 27 22 || TREVOR ATKIN - DISCTRICT COURT JUDGE, DEPARTMENT 8 24 || ROB BARE - DISCTRICT COURT JUDGE, DEPARTMENT 32 28 || LINDA BELL - DISTRICT COURT JUDGE, DEPARTMENT 7 30 || STEPHANIE CHARTER - DISTRICT COURT JUDGE, FAMILY DIVISION DEPARTMENT Y 32 || BRYCE DUCKWORTH - DISTRICT COURT JUDGE, FAMILY DIVISION DEPARTMENT Q 36 || RHONDA FORSBERG - DISTRICT COURT JUDGE, FAMILY DIVISION DEPARTMENT G 38 || OZZIE FUMO - JUSTICE OF THE SUPREME COURT SEAT D 40 || DAN GILLIAM - DISTRICT COURT JUDGE, DEPARTMENT 24 44 || BILL GONZALEZ - DISTRICT COURT JUDGE, FAMILY DIVISION DEPARTMENT U 46 || ELIZABETH GONZALEZ - DISTRICT COURT JUDGE, DEPARTMENT 11 48 || DONALD GREEN – STATE BAR OF NEVADA, BOARD OF GOVERNORS 52 || JOE HARDY - DISTRICT COURT JUDGE, DEPARTMENT 15 54 || MATTHEW HARTER - DISTRICT COURT JUDGE, FAMILY DIVISION DEPARTMENT N 56 || JOHN HUNT - DISTRICT COURT JUDGE, DEPARTMENT 18 58 || RONALD J. ISRAEL - DISTRICT COURT JUDGE, DEPARTMENT 28 60 || ERIC JOHNSON - DISTRICT COURT JUDGE, DEPARTMENT 20 64 || TIERRA JONES - DISTRICT COURT JUDGE, DEPARTMENT 10 66 || JOANNA KISHNER - DISTRICT COURT JUDGE, DEPARTMENT 31 68 || J. SCOTT MACDONALD - DISTRICT COURT JUDGE, FAMILY DIVISION DEPARTMENT J 70 || MANDY MCKELLAR - DISTRICT COURT JUDGE, FAMILY DIVISION DEPARTMENT M 72 || MARGARET PICKARD - DISTRICT COURT JUDGE, FAMILY DIVISION DEPARTMENT V 76 || JACOB REYNOLDS - DISTRICT COURT JUDGE, DEPARTMENT 21 80 || ESTHER RODRIGUEZ - JUSTICE OF THE SUPREME COURT, SEAT B 82 || RICHARD SCOTTI - DISTRICT COURT JUDGE, DEPARTMENT 2 84 || DAWN THRONE - DISTRICT COURT JUDGE, FAMILY DIVISION DEPARTMENT U 86 || BITA YEAGER - DISTRICT COURT JUDGE, DEPARTMENT 1
EDITOR IN CHIEF PRESTON P. REZAEE, ESQ. PUBLISHER TYLER MORGAN, ESQ. DIRECTOR OF OPERATIONS JEFFRY COLLINS
ADVERTISING INFO@VEGASLEGALMAGAZINE.COM CALL 702-222-3476 CONTRIBUTORS
ANDREW CASH, M.D. J. MALCOLM DEVOY, ESQ. NEEDA GHANDI, ESQ. RICK NELSON STAN SMITH, PH.D
MARKETING DIANA COLLINS
Candidates TREVOR ATKIN
JOHN HUNT
ROB BARE
RONALD J. ISRAEL
LINDA BELL
ERIC JOHNSON
STEPHANIE CHARTER
TIERRA JONES
BRYCE DUCKWORTH
JOANNA KISHNER
RHONDA FORSBERG
J. SCOTT MACDONALD
OZZIE FUMO
MANDY MCKELLAR
DAN GILLIAM
MARGARET PICKARD
BILL GONZALEZ
JACOB REYNOLDS
ELIZABETH GONZALEZ
ESTHER RODRIGUEZ
DONALD GREEN
RICHARD SCOTTI
JOE HARDY
DAWN THRONE
MATTHEW HARTER
BITA YEAGER
LETTER FROM
THE EDITOR
Many Nevadans have had a lot more time on their hands lately. They didn’t ask for the time off, but through the Coronavirus-related shutdown in March, that’s the way it worked out. Staying inside has meant more Nevadans have also binged on Nextflix and caught up on their “to-do lists.” Sadly, many residents have been desperately trying to get through to the state for unemployment benefits. Hopefully, though, your list of priorities includes reading up on the impressive slate of judges on the ballot for the June 9th primary. In this issue of Vegas Legal Magazine, we look at many of the judicial candidates on the ballot. We also explain how the State Bar of Nevada is working to help lawyers during the COVID-19 crisis, and well as holding its own virtual elections.
Las Vegans often say: “I would have voted for judges, but I just didn’t have the time to read up on them!” Some of us have definitely had that time now. As tempting as it may be to simply catch up on all your favorite shows and try to escape the harsh reality of a pandemic and its aftermath, why not take time out to help make our community a better place? As the nation slowly reopens, don’t forget you don’t even need to leave the safety of your own home to vote. Due to COVID-19, the State of Nevada is changing the June 9th primary to allow for mail-in voting. Educated voting is important, and picking the right judges will impact the lives of all Nevadans going forward. Remember, Socrates once said: “Four things belong to a judge: to hear courteously, to answer wisely, to consider soberly, and to decide impartially.” This June, it is our turn to decide.
Vegas Legal Magazine Spring 2020 | Pg. 7
LETTER FROM
THE PUBLISHER
This year will forever be notorious for the coronavirus. However, as difficult as the state-mandated quarantines have been
on our economy, and ourselves as individuals, we must also remember that this is an election year. An election year unlike any we have experienced in the past. How will debates be held? Probably virtually through Zoom. Will we all be submitting our votes early through mail-in ballots? Most probably. I remember the excitement the first time I was able to vote and unfortunately for many this year who will cast their first vote, the experience may be underwhelming at best. Aside for the experience and format, the issues most important to many Americans may be a stark contrast from what they were just a couple months ago. How will we make sense of an economy embattled by a near total shutdown; a record setting stimulus package; unprecedented unemployment numbers; and no cure to the COVID-19 virus in the immediate future? Americans will be looking to whomever will have the plan to save us all from the destruction of this pandemic; but will either of them have one? Voters may not be as focused on student loan forgiveness, taxes on the top 1%, and gun control. Instead, I envision some of the core issues to revolve around our government’s funding of the CDC, tax reform to help pay back the stimulus package, corporate bailouts, unemployment and how our government will impose sanctions on other world powers for failing to prevent future pandemics. All said, this November is certain to be one for the ages.
Vegas Legal Magazine Spring 2020 | Pg. 9
Economic Expert
QUARTERLY REPORT THE COVID-19 ECONOMY
–By Stan V. Smith, Ph.D. and Kyle Lauterhahn
Glittering lights are turned off on the Vegas strip, Broadway stages
are silent in New York, Michelin-starred restaurants are serving takeout in Chicago, and across America arenas and stadiums are empty of fans. Due to social distancing to slow the spread of COVID-19 economic activity is falling at a pace never seen. Economists define a recession as two or more consecutive quarters of negative growth in economic activity. We are in a recession and this will be formally acknowledged at the end of June by the National Bureau of Economic Research. Away from the ivory towers of economists, as of today in the real world 22 Million Americans filed for unemployment in only four weeks. The value of the stock market has fallen by one third. Over half a million Americans have fallen ill. Over 30,000 Americans have died of COVID-19, and the Institutes for Health Metrics and Evaluation at the University of Washington, with one of the more trusted statistical models, is projecting over 70,000 deaths by the beginning of August. Behind these sobering statistics there is real hardship. I am certain that many readers are feeling financial stress over reduced income, decreased stock market value, as well as considerable uncertainty for you and your family’s health. Millions of Americans are staying at home meaning that they are not producing or consuming as much as they would in normal times. Many Americans are attempting to work remotely or attend school from home, but millions of Americans in the manufacturing Vegas Legal Magazine Spring 2020 | Pg. 12
and retail industries cannot work from home. The pork, beef, and chicken processers are warning of severe disruption to the supply chain and some major plants have closed nationwide. Additionally, productivity while working from home can be impaired by the need to watch children kept home from school, the relative inefficiency of meeting electronically, or simply the stress of a pandemic endangering the health of yourself and your family. The Value of Saving a Life With this magnitude of economic disruption why is our nation and the world taking drastic steps of “social distancing” to forestall the spread of COVID-19 and will there be any economic benefit? As I have testified, in courts in Nevada and around the country, human lives have significant value beyond the value of earnings capacity. For decades economists have studied what we, as a society, actually pay to preserve the ability to lead a normal life. Studies show we value life beyond our ability to work in the range of $5 million or more. The Nevada Supreme Court unanimously accepted testimony on what I call “hedonic damages” in the case of Banks v. Sunrise 120 Nev. 822, 102 P.3d 52. Economists at the University of Chicago have recently published research on the economic benefits of social distancing and the avoided deaths due to COVID-19. Using data on the value of a statistical life (VSL) which is standard practice in developing
THE COVID-19 ECONOMY federal government regulations, these researchers estimate that avoiding over 1.7 million deaths in the United States is worth nearly $8 Trillion. This calculation confirms the value of life to be in the range of $5 million. This estimate for the value of lives saved represents both the future earnings capacity of those who would have died but for social distancing measures, as well as the benefits those persons experience from being alive. These benefits ae seen in how we spend our leisure time, spending time with loved ones, and even the good feelings of a hard day’s work. Stimulus Spending The Federal government has enacted a $2.2 trillion package of programs to keep the United States economy moving forward. This includes the Paycheck Protection Program (PPP) providing up to two months of payroll to help companies closed by COVID-19 social distancing keep employees away from unemployment. The PPP program has proved so popular that $349 billion in forgivable loans were made in two weeks. In another attempt to offset the fall in economic activity the Federal government is issuing “stimulus” checks of $1,200 per adult and $500 per child for households under certain income limits. Any household will welcome this “free” money, and for many American households this money can mean the ability to pay for housing or food while work is unavailable due to COVID-19 social distancing. However, will these payments by the Federal government have the result in stimulating economic activity depressed by the response to COVID-19? Perhaps not as intended. This is not the government’s first attempt at stimulating the consumer sector of the economy with direct payments. Readers may recall stimulus checks paid during previous recessions of 2001 and 2008. Researchers at the University of Michigan studied how households spent their 2008 stimulus checks. Despite a policy intent of increasing consumer spending, only 20 percent of the households studied in 2008 said that their “stimulus” check was used for spending. Nearly half of households instead chose to use the money to pay down debt, while the remaining 30 percent chose to invest or save their stimulus checks. The 2020 experience with COVID-19 is unique to 2001 and 2008 because many opportunities for consumers to spend are not available. Retail stores selling big ticket items like furniture or appliances are closed. Vacation destinations are turning people away to make sure that local health systems do not become overwhelmed. The effect on consumer spending is certain to be even less in 2020 than what the prior stimulus programs proved.
If only 20 percent (or likely less) of the new stimulus is rapidly spent that would be a policy failure by the federal government. However, as in many public policies one must look at the “unintended” consequences for a full measure of value. For those households able to improve their financial standing through reduced debt or increased savings during times of economic uncertainty the government stimulus the payments are of definite value. Households who chose to pay down debt or increase savings will spend more in the future as a result of their improved financial standing in the present. Uncertainty Ahead It is clear that President Trump and the state governors are in significant tension on when and how to restart the economy. In the coming weeks this tension will play out, but some project that parts of the economy might not open at all this year. Clearly there is a great deal of uncertainty ahead in the near-term future. It is my hope that you, your families, your businesses, and your community are healthy in the coming months and throughout the year. Stan V. Smith, Ph.D., is VLM’s Quarterly Economics Columnist and president of Smith Economics Group, Ltd., headquartered in Chicago. Trained at the University of Chicago (one of the world’s pre-eminent institutions for the study of economics and the home of the law and economics movement), Smith has also taught at the university and co-authored the first textbook on the subject of economic damages. A nationally-renowned expert in economics who has testified nationwide in personal injury, wrongful death and commercial damages cases, Smith has assisted thousands of law firms in successful results for both plaintiffs and defendants, including the U.S. Department of Justice. To that end, Smith also developed the first course in forensic economics at DePaul University, and pioneered the concept of “hedonic damages,” testifying about the topic in landmark cases. His work has been featured in the ABA Journal, National Law Journal, and on the front page of the Wall Street Journal. Kyle Lauterhahn is a Senior Economic Analyst at Smith Economics Group in Chicago. Smith Economics Group, Ltd., is located at 1165 N. Clark Street, Suite 600, Chicago, IL, 60610. Dr. Smith may be reached at 312-943-1551, and at Stan@SmithEconomics.com.
Vegas Legal Magazine Spring 2020 | Pg. 13
CARES ACT
A GENERAL SUMMARY –By Nedda Ghandi, Esq.
On Friday, March 27, 2020, President Trump signed the “Coronavirus Aid,
Relief, and Economic Security Act” (CARES Act) into law. This law marks the single largest economic stimulus package in history and is intended to provide relief to the many businesses and individuals impacted by COVID-19. This article is a general summary with some basic explanations particularly related to the “paycheck protection loans” provided for in the CARES Act. The CARES Act is being implemented and the information contained herein may be subject to certain adjustments or revisions as the CARES Act transitions into law or as amendments are made. Substantial modifications in the law or the implementation may have occurred between the drafting of this article and its publication. As such, the information contained herein should be confirmed with any updated information as the CARES Act evolves. Title I, entitled Keeping American Workers Paid and Employed Act of the CARES Act, provides certain financial resources to help sustain small businesses with less than 500 employees, including sole proprietorships and nonprofit organizations during these unprecedented times. In addition, a business with more than one physical location that employs not more than 500 employees per physical location that is assigned the North American Industry Classification System code beginning with 72, Accommodation and Food Services is eligible for the available financial resources under Title I. The Small Business Administration will have access to approximately $350 billion in loans during the covered period as defined from February 15, 2020 through June 30, 2020. PAYCHECK PROTECTION LOANS The organizations that are eligible can apply for “paycheck protection loans” (“PPL”). PPL are fully guaranteed by the Federal Government through June 30, 2020 and, thereafter, return to an 85% guarantee for loans greater than $150,000. The PPL are generally limited to the lesser of: • the sum of average monthly “payroll costs” for the one-year period ending on the date the loan was made (an alternative calculation is available for seasonal employers) multiplied by 2.5, and any Emergency Government Disaster Loan (see below) taken out after January 31, 2020 that has been refinanced into a paycheck protection loan, or • $10 million. Payroll costs include the sum of the following: • wages, commissions, salary, or similar compensation to an employee or independent contractor, • payment of a cash tip or equivalent, • payment for vacation, parental, family, medical or sick leave, • allowance for dismissal or separation, • payment for group health care benefits, including premiums, • payment of any retirement benefits, and • payment of state or local tax assessed on the compensation of employees.
Payroll costs exclude the following: • the compensation of any individual employee in excess of an annual salary limitation of $100,000, • payroll taxes, • any compensation of an employee whose principal place of residence is outside the U.S., or • any qualified sick leave or family medical leave for which a credit is allowed under the new Coronavirus Relief Act passed last week. A payroll protection loan will have a maximum maturity of 10 years bearing an interest rate not to exceed 4%. At the time of the drafting of this article, the PPL will feature an interest rate of 1% and two-year terms. So, what does this mean and how much could a small business apply for? The following is an example of calculating the amount that a small business could apply for as a PPL. Company XYZ applies for a paycheck protection loan on June 1, 2020. The Company XYZ had $1.5 million in included payroll costs for the prior year (June 1, 2019 through June 1, 2020), resulting in a $125,000 average per month payroll cost. Assuming that the fully guaranteed federal loan is made prior to December 31, 2020, Company XYZ is eligible to receive a payroll protection loan equal to the lesser of $312,500 (2.5 times $125,000 monthly average in included payroll costs) or $10 million. The SBA, for purposes of this program, has greatly expanded the number of “SBA Certified Lenders.” The deadline to apply is June 30, 2020. Lenders are doing their best to keep up with the rapidly changing requirements and the deluge of applications. The loan proceeds may be used to cover the following business expenses: payroll; costs related to group health care benefits; employee salaries, commissions, or similar compensation; mortgage payments; rent (including rent under a lease agreement); utilities, and any other debt service requirements. No personal guarantee is required by the loan applicant. Also, standard fees of Section 7 of the Small Business Act are waived. There is an additional provision for possible deferment of repayment of the loans for a period of at least six months, but not to exceed a year. Section 1106 of the CARES Act outlines the Loan Forgiveness provisions. The provisions set forth that a portion of the PPL discussed above is eligible to be forgiven on a tax-free basis. The amount to be forgiven is the sum of the following payments made by the borrower during the 8-week covered period beginning on the date of the loan: • payroll costs (as defined above) • mortgage interest, • rent, • certain utility payments. A borrower must submit to its lender an application that includes documentation verifying the number of employees and pay rates, and cancelled checks showing mortgage, rent, or utility payments made during
the 8-week covered period in order to seek debt forgiveness. Lenders have expressed concerns regarding how this process would work as there are concerns that if lenders wrongfully determine the forgiveness amounts that lenders may be liable for the wrongful determinations. At the time of the drafting of this article the procedures for implementing the debt forgiveness remains undetermined. However, as an example and continuing with the hypothetical above, assume that Company XYZ was approved for and borrows $312,500 as mentioned in the above example. Then, during the first 8 weeks following the loan date, the Company XYZ expends $250,000 in payroll costs, and $20,000 in mortgage interest, rent and certain utility payments. Company XYZ is now eligible to have $270,000 of the $312,500 of the payroll protection loan forgiven. More importantly, the debt forgiveness income will not create taxable income for Company XYZ. Plus, any remaining loan payments on the outstanding amount of $42,500 will not become due for at least six months from the loan date as a result of the CARES Act deferment rules. Employers should be aware that the amount of the loan that may be forgiven is decreased if the borrower either reduces its workforce during the 8-week covered period when compared to other periods in either 2019 or 2020, or reduces the salary or wages paid to an employee who had earned less than $100,000 in annualized salary by more than 25% during the 8-week covered period. This loan forgiveness reduction can be avoided, however, if the borrower rehires or increases the employee’s pay within an allotted time period. Below is the Forgiveness Reduction Formula for Employee Layoffs: Loan Forgiveness Amount (for CompanyZ--$270,000) X Average Number of Full-Time Employees/Month
In addition, section 1110 of the CARES Act creates a new Emergency Grant to allow a business that has applied for a disaster loan to receive an immediate advance up to $10,000. This grant can be used for the following expenses: paid sick leave for employees unable to work due to the direct effect of COVID-19; payroll costs to maintain employees; increased costs to obtain materials unavailable from the grant applicant’s original source because of interrupted supply chains: rent or mortgage payments; or repaying obligations that cannot be met due to revenue decline. This grant is not required to be repaid, even if the borrower’s request for a 7(b)(2) loan of the Small Business Act is denied. Section 1112 of the CARES Act, Subsidy for Certain Loan Payments provides benefits to those with loans under Section 7(a) of the Small Business Act other than the new paycheck protection loans, in the form of a government subsidy whereby the SBA will pay six months of principal, interest and fees on qualifying loans. Lastly, the CARES Act provides a payroll tax “holiday” to further assist employers during these trying times. During this “holiday” (which extends from March 27 through Dec. 31) employers may defer their payment of Social Security taxes. Should an employer elect to defer these payments, they must be repaid over the next two years—with half due by Dec. 31, 2021, and the remaining half by Dec. 31, 2022. In conclusion, the CARES Act is intended to assist small businesses during this unprecedented and tumultuous time. The extent to which the provisions actually provide the relief promised remains to be seen. As the CARES Act is implemented, there will likely be adjustments or revisions to either the law itself, related regulations, or the processes and procedures involved. Again, the information contained herein should be confirmed with any updated information as the CARES Act evolves.
At the Election of the Borrower, (i) Average Number of Full-Time Employees per Month Employed During the Period of 2/15/2019 through 6/30/2019; OR (ii) Average Number of Full Time Employees per Month from 1/1/2020 to 2/29/2020
Nedda Ghandi, Esq., is the founding partner of Ghandi Deeter Blackham Law Offices. A Nevada native, Ghandi is a graduate of the University of Nevada, Las Vegas William S. Boyd School of Law and has practiced law in Las Vegas for 9 years. Ghandi has written numerous articles for publications concerning interesting developments in the law, and has been selected as a member of Nevada’s Legal Elite and as a Super Lawyer every year since 2013. Ghandi Deeter Blackham specializes in family law, bankruptcy, guardianship, and probate. Consultations may be scheduled
Please note:
by calling 702.878.1115 or visiting www.ghandilaw.com
• The applicable formulas can only reduce the amount forgiven and cannot increase it. • Employers with seasonal employees will have to use a slightly different formula. • The reduction formula does not consider if employer rehires the employees or increases salaries prior to June 30, 2020 and adjustments would be needed in such an case. • The amount forgiven is excluded from Taxable Income under the CARES Act. ECONOMIC INJURY DISASTER LOANS, EMERGENCY GRANT, AND OTHER PROVISIONS Section 1110 of the CARES Act, Emergency Government Disaster Loan and Grant expands access to Economic Injury Disaster Loans under Section 7(b)(2) of the Small Business Act to include not only businesses with fewer than 500 employees, sole proprietors with or without employees or as an independent contractor, an employee stock ownership plan (ESOP) as defined in Section 3 of the Small Business Act with not more than 500 employees, or a tribal small business concern with not more than 500 employees. Economic Injury Disaster Loans in the amount below $200,000 that are made before December 31, 2020 will not require personal guarantees. A disaster loan can be taken out between January 31, 2020 and the dates on which a paycheck protection loan is available for reasons “other than paying payroll costs.” Any loan for payroll purposes will be restricted to the paycheck protection loan as described above.
COVER STORY
N
EVADA STATE
BAR
STATE BAR OF NEVADA HOLDS ELECTIONS, AMID HELPING LAWYERS THROUGH COVID-19 SHUTDOWN —By Valerie Miller their doors to clients, opting instead to offer virtual meetings. The State’s COVID-19 shutdown, which started in March, has altered life as we know it. But the State Bar of Nevada is trying to help its members through these unprecedented times. The State Bar’s executive committee, which is made up of officers and members of the Bar’s Board of Governors, has been trying to assist the Bar’s more than 11,600 members, says Nevada State Bar Executive Director Kimberly Farmer. “Right now, there is a lot of what we want to bring to our members regarding COVID-19,” she says. That includes virtual “townhalls.” “We don’t have an active (COVID-19) committee, but we are talking about our Executive Committee being a resource,” Farmer adds. “We do a (Continuing Legal Education) program on a regular basis,” Farmer explains. “But the townhalls were different forums to get our members educated on a daily basis. They started (in mid-March).” Many law firms have decided to not allow clients inside their offices, to allow for social distancing. More and more attorneys are advertising virtual consults with clients. The Coronavirus shutdown in Nevada, which officially started with Gov.
Vegas Legal Magazine Spring 2020 | Pg. 16
Steve Sisolak’s directive on March 17th, has added to the typical stress and pressures that lawyers face, Farmer adds. “We have put a couple of resources in place for lawyers who might have been impacted by COVID-19. Maybe their firms are closed,” she explains. While law offices are allowed to stay open as “essential businesses” in Nevada, abiding by social distancing guidelines can result in closure of the brick-and-mortar offices to the public. The State Bar of Nevada is also offering virtual ‘townhalls” due to the Coronavirus outbreak and the economic shutdown. These are specific to practice areas. “We have townhalls in practice areas. (Estate) attorneys can talk about how to get a will notarized, and bankruptcy attorneys can discuss their practice areas,” Farmer details. “Family law (attorneys) can talk about, ‘How do I deal with custody areas?’” Of course, COVID-19-related hardships may add to existing problems, which is why the helpline was originally put in place. If a lawyer has a gambling problem or other addiction, help is available from the State Bar. “One of the things we did is put in a lawyer wellness program for lawyers who may be in trouble,” Farmer explains. “With the Nevada lawyer assistance program, we are trying to help lawyers in need. They call a number –- 1-866-820-0022.”
a katz / Shutterstock.com
Few people could imagine a day when many Nevada lawyers would close
“We don’t know about it,” Farmer says of the calls for help. “The State Bar does not know about it -- the calls for assistance. They are always on the line to help you out and give them more resources.” The global pandemic – and resulting shutdown – may make existing problems worse for lawyers, just like anyone else. “Some are struggling with addiction, or just stress,” Famer says. “We have a link you can go through and join the meeting confidentially,” Famer details. “It’s a Zoom meeting, but you don’t have to enable the video. You can go dark.” The anonymous meetings don’t result in any reporting to the State Bar, she assures. With thousands of COVID-19 cases in the Silver State, the organization helps lawyers who fall ill -- regardless if it is caused by Coronavirus or another ailment. “A lot of times, we see that a lawyer has trouble running their practice, and they have a partner take over the practice,” Famer explains. “We can help get (a lawyer to) help, for pro bono hours.” “There are certainly different needs than were there before (the Coronavirus),” she adds. “Shortly after the governor’s ‘Stay-at-Home” directive, we started the townhalls, and when issues started to progress, we wanted our members to know about them” Famer says. The courts still accept filings and pleading, she explains. But the uncertainty of how long the shutdown will last – and how long until Nevada is are back to normal. “I think we just have to take a wait-and-see approach for the length of the shutdown,” Farmer said, in a mid-April interview. “I think it is a concern of everyone’s.” The State Bar is hoping to be there to help its members. “Right now, they are just looking at how to best serve their clients,” she says. “The stress on the firms from the shutdown, that is yet to come.” “It is just changing daily,” Farmer laments. The State Bar had resources in place to help lawyers, prior to the outbreak of COVID-19, Famer notes. “In our trust account handbook, we put a lot of emphasis on helping lawyers,” Farmer explains “We started the helpline in 2019. It has generated a lot of interest since late 2019.” The National Taskforce on Lawyer Wellbeing, through the American Bar Association, “has put an emphasis on lawyers’ wellbeing,” she says. “Judges and lawyers, in all practices, are looking at ways to promote
wellbeing, and ways that they can support the clients,” Farmer says. “The (COVID-19) adds another level of stress.” State Bar Elections to be Held In the middle of Nevada’s Coronavirus shutdown, the State Bar is holding its elections for its Board of Governors. The election is open for voting until May, according to Farmer. But as the election is all online, there is no health risk to holding it. Active Nevada lawyers can vote for a candidate for Board of Governors in their district. The State Bar of Nevada Board of Governors includes the president of the State Bar. The Board of Governors are elected. The president and vice president of the Bar are nominated by the Board of Governors. “We run online elections,” Farmer explains. “If you want to run for the Board of Governors, you need to submit a petition and it must be signed by five members of the State Bar in (the candidate’s) district” Farmer explains. “People put their name on the petition to support you. That’s the first step. That gets you on the ballot to be elected.” “Once we have the petition signed by five members (of the Bar) in the district, then you are a candidate for the State Bar Board of Governors in that district,” Farmer adds. How the Board of Governor’s Elections Work Farmer says in a competitive election – one in which there are more Board of Governors’ candidates than open seats – the top vote-getting candidates will fill the slots on the Board. The Board of Governors consists of 15 members,” Farmer explains. Overall, the members of the Board of Governors are divided from the following districts: Nine from District One (Clark County); and one from District Two (which includes White Pine, Elko, Eureka, Churchill, Lander, Humboldt, Lyon, Lincoln, Douglas, Mineral, Nye, Esmeralda, Pershing and Storey counties). One member represents District Three (Carson City), while four from District Four (Washoe County). “Board terms are staggered terms. Right now, we are starting our election,” Farmer says. “There are four open seats in Clark County, and two open in Washoe County. We started the voting petition this week of April 24h and it goes until May 25th,” Famer explained. “The president and vice president are nominated by the Board (of Governors),” she said. “The president only serves a one-year term,” Farmer noted. “The members of the Board of Governors shall be elected for three-year terms. No attorney may serve on the Board of Governors for more than a lifetime total of twelve years, unless elected as vice president, presidentelect or president, in which case the lifetime limit would be fifteen years. If elected vice president, president-elect or president, the term of office shall extend, without reelection, through the officer’s presidential year,” according to the State Bar.
Vegas Legal Magazine Spring 2020 | Pg. 17
COVER STORY Officers are the president, president-elect and vice president. The line of succession is president, president-elect, and vice president. “The Board of Governors is the governing body,” Farmer says. The Executive Committees consists of Board of Governor members. If the Executive Committee needs to meet, they come up with the recommendations to bring to the Board of Governors. The Executive Committee has between five to six members, and right now there are six. The Committee has three officers – the president, vice president and president-elect – and two others appointed by the State Bar president. All are members of the State Bar’s Board of Governors. How Other State Bar Committees Work Lawyers, and other members of the public, may get confused about the different committees, which are part of the State Bar. So, outside of the Executive Committee, how are the other State Bar committees put together? “Most of what we do is operated by committees,” Farmer explains. “It depends on the committee. The committees consist of volunteer lawyers.” “When we have a (committee) vacancy, we put it (up for) applicants,” Farmer continued. “All the boards, all committees, are volunteers. For the committees, they put in applications, they do not need petitions.” Other positions at the State Bar of Nevada are staff. The State Bar has 45 staff positions, which includes the job of State Bar counsel. When the State Bar Counsel position becomes open, there is an opening posted to the Bar members and the public. “For Bar counsel, if there is an opening, the Bar recruits to fill the open position via career and job sites, in the state bar publications, website, and social media,” Farmer says.
addition to the administrative functions provided by staff, the state bar manages its operations through boards, panels and committees consisting of attorney and non-attorney volunteers. VLM: What is the chain of command? KM: The state bar is under the supervision of the Nevada Supreme Court with functions outlined in the Nevada Supreme Court Rules. The Board of Governors is charged with the executive functions of the state bar and the enforcement of the provisions of Supreme Court Rules 49 to 204. To fulfill these functions, the Board creates and appoints committees, sets policies and other matters pertaining to the administration of the state bar. Managerial functions of the state bar are administered by state bar staff who are hired by, and report to, the executive director. The executive director reports to the Board of Governors. VLM: How are the Board of Governors appointed? (The website states: “The Board of Governors is comprised of 15 members representing the four state districts defined in Supreme Court Rule 81. Elections for the Board are held annually and governors are selected by the members of their districts to serve two-year terms.” Could you please explain this process in a little more detail)? KM: The Board of Governors is comprised of 15 members elected by the active members of the state bar who are residents of Nevada and have their official address in the respective districts. Nine Board members are from Clark County; one from the rural counties; one from Carson City; and four from Washoe County. Terms of the Board of Governors are staggered 3-year terms. Elections for Board members to fill expired terms are held annually. To run for the Board an individual member must be nominated by petition signed by members entitled to vote. Subsequently members vote electronically from the slate of candidates in their district. Upon election board members are sworn in by the (Nevada) Supreme Court. VLM: Is the chief bar counsel hired or appointed? How does this process work? KM: Bar counsel is an employee of the State Bar and is not appointed.
“It’s a regular staff position,” Farmer notes of the job of State Bar counsel. “It’s a regular position.”
VLM: What does the executive committee consist of? (I understand that there are also a number of committees).
-VLM: How is the State Bar of Nevada run?
KM: The State Bar operates through the work of committees, boards and panels. One committee, the Executive Committee supports the Board and consists of the officers of the state bar and 2 members of the Board of Governors. The Executive Committee meets between meetings of the Board to manage matters that may occur between the five regular Board meetings. All decisions or recommendations of the Executive Committee, which affect policy, are brought to the Board for review and approval.
KM: Our mission is to govern the legal profession, to serve our members and to protect the public interest. The State Bar of Nevada is a quasi-public corporation, created by statute that operates under the supervision of the Nevada Supreme Court. The state bar regulates attorneys in Nevada, and provides education and development programs for the legal profession. From its admissions, lawyer regulation and client protection divisions to services such as lawyer referral, continuing legal education, law-related education and access to justice, the state bar has a wide variety of programs designed to meet its mission. The state bar has two office locations in Las Vegas and Reno and supports a staff of 45 people, who perform a wide variety of services. In
Vegas Legal Magazine Spring 2020 | Pg. 18
Valerie Miller is an award-winning Las Vegas Valley-based journalist. She can be reached at (702) 683-3986 or valeriemusicmagic@yahoo.com.
MEET THE
INCUMBENT – Nancy Allf, Department 27 Judge Allf graduated from Transylvania University in 1979,
receiving her Bachelor of Arts Degree in Pre-Law and French. She received her law degree from the Salmon P. Chase College of Law at Northern Kentucky University in 1982. After graduation she moved to Las Vegas and was admitted to practice in 1983. Judge Allf entered private practice in 1983 where she focused primarily on commercial litigation and bankruptcy law. Since her admission to the bar Judge Allf has taken an active role in enhancing the legal community in Nevada. In 1999 she served as the President of the Clark County Bar Association and later as President of the State Bar of Nevada in 2007. In 2000 she served as President of the Board of Directors of the Clark County Law Foundation. She is currently an active member in the American Bar Association, the Southern Nevada Association of Women Attorneys, and the Southern Nevada Association of Bankruptcy Attorneys. In 1999, Judge Allf was awarded a Distinguished Alumni Award
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from her alma mater, Transylvania University. Her law school selected her as Alumna of the Year in 2010. Judge Allf has also been honored by the Clark County Pro Bono Project, for her public service to the community. In 2005 she was named as one of the 300 women who shaped the history of Las Vegas by the Women of Diversity Project. The Nevada Supreme Court appointed Judge Allf as a Settlement Judge from 1998-2007. In 2005 she was appointed to become a Judge in the Short Trial Program of the 8th Judicial District. The Nevada Supreme Court also appointed Judge Allf to the Business Court Task Force in March 2000 and the Pro Bono Compliance Committee in September 2002. She was elected to the 8th Judicial District Court in 2010.
MEET THE
INCUMBENT – Trevor Atkin, Department 8 I was appointed by Governor Sisolak to serve in my current position
as District Court Judge, Department 8 of the Eighth Judicial District Court in September 2019 and am currently assigned on all civil dockets where I oversee and adjudicate all types of civil matters, including, bench trials, jury trials, petitions for judicial review of administrative decisions, appeals of lower court decisions, petitions for injunctive relief, worker compensation appeals, and probate matters. I am a third-generation Las Vegan, having graduated from Bonanza High School in 1980. Before my appointment to the bench I practiced law in Nevada for over 30 years in a variety of practice areas, including insurance law, commercial litigation, and general liability. During this time I served as lead counsel in over 30 jury trials and was lead counsel in seven reported Nevada Supreme Court decisions. I started my legal career with the law firm of Edwards, Hunt, Hale & Hansen in 1987 and was promoted to partner in 1991 at the age of 29. It was while I was with this firm that I earned the highest Preeminent AV rating from Martindale-Hubbell. It was in 2004 that I was one of the founding partners of Atkin Winner & Sherrod where I served as primary trial counsel and managing partner – overseeing the work of 17 attorneys. Between 2004 and 2019 I oversaw our firm grow from 8 employees to 48 full-time employees. It was in 2011 that I was nominated and elected as a member of the American Board of Trial Advocates. Aside from my legal work, I served as an adjunct legal instructor with the University of Nevada system from 1994 to 1996. I served on the Nevada State Bar Fee Dispute panel from 2000-2003 and was an appointed trustee with the Nevada Law Foundation between 2010 and 2014, whose mission was to provide funding for the legally disadvantaged, to victims of domestic violence, and for the protection of children in need of protection by the juvenile court. I also served as a mentor in the State Bar Mentorship Program for young lawyers. In my spare time I enjoy volunteering with pet rescue programs, playing golf and practicing yoga. I have a well-rounded and proven track record of hard work, dedication to my profession, and successful results in my prior practice of law. I have carried over this hard work and success onto the bench - eliminating the backlog of cases which had developed subsequent to the retirement of the prior judge in Department 8.
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What are the biggest changes you think we need to make to our justice system? Shorten the time for disposition of cases and reducing the cost of civil litigation. Aside from the retention of more judges and support staff, this can be accomplished through thoughtful and case specific handling procedures, including, but not limited to, utilization of proportional discovery orders, mandated good faith settlement conferences prior to completion of expert discovery, and enhancing the consequences of a party failing to “better” a statutory offer of judgment. What is your philosophy on “judicial activism”, and what effect should judges have in setting or promoting public policy? I don’t believe it is the role of the judiciary or a judge to engage in “judicial activism”. The separation of powers doctrine provides that it is the role of the legislative branch to pass and enact laws, the executive branch to enforce the enacted laws of the legislature, and confines the judiciary’s role to interpret and equally apply the laws as enacted so long as they are deemed Constitutional. Do you volunteer or are you involved in any charitable activities? I have long volunteered time and services to our community – both within and outside the legal field. I have volunteered my professional time to pro bono services, served as a trustee on the Nevada Law Foundation, f/k/a Justice League of Nevada, served as a mentor in the State Bar mentorship of young lawyers program, served as a judge in high school and law school moot court competitions, volunteered for the Harry Potter Mock Trial program for elementary school students, and served on the State Bar Fee Dispute Committee. Outside of the legal field, I have volunteered time with Catholic Charities, Shade Tree, animal rescue foundations, and currently serve on the board of Project Marilyn, a non-profit organization dedicated to providing free feminine hygiene products to women and girls in poverty or crisis. Website: Trevor4judge.com Facebook: Retain Trevor Atkin for District Court Judge, Dept. 8 Email: Trevor@trevor4judge.com
MEET THE
INCUMBENT – Rob Bare, Department 32 Graduate of Pennsylvania State University (highest distinction)
and University of Pittsburgh School of Law. Rob Bare has been a Judge in Eighth Judicial District Court since January 2011. Bar Counsel for the State Bar of Nevada from August 1993 to December 2010. Rob Bare has also served as a Las Vegas Municipal Court Judge in Department 6, from January 3, 2007 through June 20, 2007. Rob Bare has also served as Senior Defense Trial Lawyer, (Captain) U.S. Army Judge Advocate General’s Corps, Trial Defense Service, Fort Irwin, California (May 1991 to August 1993). Trial Defense Lawyer, U.S. Army Judge Advocate General’s Corps, Trial Defense Service, Fort Ord, California (October 1989 to May 1991). What are the biggest changes you think we need to make to our justice system? In Department 32, I sincerely feel there are not any significant changes that need to be made. Candidly, I often feel, often palpably, that justice is being had and you experience that feeling first-hand in the courtroom. Examples of my thought in this regard can be seen in the unsolicited feedback provided by members of the public whom have served as jurors on various trials throughout my nine years on the bench. Please visit JudgeRobBare.com to read several of these notes from jurors. I think you will see, from perhaps the best source of all, those who have sat and witnessed our court, that justice is being fairly and accurately delivered. In an overall sense, as to the entire court system, I do feel that justice is being fairly administered across the board. In addition, and in light of the current pandemic and the Court’s efforts to adapt, the obvious, necessary emphasis upon the use of technology and the manner in which court will actually be
Vegas Legal Magazine Spring 2020 | Pg. 24
conducted in the future presents a tremendous change to the future of our justice system. Citizens will be impacted as well as our legal community and it is our duty to seek best outcomes for all parties. What is your philosophy on “judicial activism”, and what effect should judges have in setting or promoting public policy? I am the opposite of a judicial activist. I believe that, philosophically, I use what can be characterized as “judicial restraint”. I believe a judge should follow the law as written by the legislature by restraining their own opinions, and respectfully, their own power, to follow established precedent from higher courts. With that said, there still are situations where there is no clear statutory guidance or precedent on a specific point. In those instances, a judge is called upon, by necessity, to decide these types of issues. When I am in that position, to the best of my ability, I still look for guidance in statutes and appellate court decisions to hopefully lead me to the correct conclusion. Do you volunteer or are you involved in any charitable activities? I am deeply focused on mental health issues facing our society. This is an issue that concerns me personally as well as publicly. My wife’s sister has a serious mental illness condition that requires a great deal of time and assistance (physical and financial assistance), in which my wife and I provide. This has exposed me to the tremendous difficulties in providing for those amongst us who are the most vulnerable. These individuals are suffering from a disease, not different than other diseases, which is not the fault of their own nor within their control. I have sincere appreciation for those who work with this community day in and day out. Please visit my website at JudgeRobBare.com or email me directly at RobBare32@gmail.com.
MEET THE
INCUMBENT – Linda Bell, Department 7 The Honorable Linda Marie Bell serves as the chief judge for
the Eighth Judicial District Court of Clark County. Judge Bell was elected in 2008 and took the bench in January of 2009. In addition to administrative duties for the court, she presides over the Veterans Treatment Court and OPEN Specialty Court Programs. Judge Bell previously presided over all the adult criminal division specialty courts. A life-long Nevada resident, Judge Bell graduated with honors from Bonanza High School and the University of Nevada, Reno. Her undergraduate degree is in psychology, with a minor in studio art. In 1993, Judge Bell received her law degree magna cum laude from the University of San Diego School of Law. While in law school, Judge Bell served as an Articles Editor for the University of San Diego Law Review. She also received moot court awards for writing and oral advocacy. During law school, Judge Bell worked for the Clark County District Attorney’s Office and the San Diego Public Defender’s Office. Following law school, she studied ethics and policy at the University of Nevada, Las Vegas. Judge Bell was admitted to the Nevada State Bar in October of 1993. After graduation, she worked as a law clerk to the Honorable Sally Loehrer in the Eighth Judicial District Court. Following her clerkship, Judge Bell worked in Las Vegas law firms, practicing primarily in the areas of medical malpractice and family law. For twelve years prior to taking the bench, Judge Bell served as a public defender. She spent five years as a Clark County Public Defender, handling all manner of Vegas Legal Magazine Spring 2020 | Pg. 28
criminal cases. She then spent seven years in the non-capital post-conviction unit of the Law Offices of the Federal Public Defender, handling complex post-conviction cases in Nevada’s state courts, the United States District Court and the Ninth Circuit Court of Appeals. Judge Bell argued eleven cases before the Ninth Circuit Court of Appeals, including the published case of Chambers v. McDaniel. Judge Bell serves on the board of the ABA National Conference of State Trial Judges as vice-chair and as the chair of the ABA Judicial Division Ethics and Professional Responsibility Committee. Judge Bell is the past president of Nevada District Judges Association and the Howard D. McKibben Chapter of the American Inn of Court. Since 2011, Judge Bell has taught criminal law and criminal procedure at the University of Nevada Las Vegas. Judge Bell graduated from the Las Vegas Chamber of Commerce Leadership Las Vegas program in 2008 and remains actively involved in Leadership Las Vegas, co-chairing the criminal justice day committee. She honored as the Trial by Peers Judge of the Year in 2011. Among other professional and community activity, Judge Bell has previously served as a member the Court Records Subcommittee, a CASA, a board member of Family and Child Treatment, a board member of the Southern Nevada Women Attorneys and a board member of the Nevada Attorneys for Criminal Justice.
MEET THE
CANDIDATE – Stephanie Charter Family Court, Department Y
Stephanie Charter is running for one of the new judicial seats in
Clark County Family Court: Department Y. Stephanie was admitted to the California State Bar in 1991 and the Nevada State Bar in 1994. Stephanie is also admitted to the Utah and Arizona Bars. Stephanie would bring to the bench her 29 years of diverse legal, personal, and volunteer experience which is so needed in Family Court. Stephanie’s personal experience with Family Law began in her childhood when her parents divorced. Through life changes that followed for her and her siblings including many moves and financial struggles, Stephanie learned not only the huge role that Family Court Judges play in families’ lives as they go through divorce and custody, but also what many children in custody cases and child welfare cases experience when they go through the trauma of attending many different schools and the struggle that comes with always being the “new kid”. Stephanie and her husband also experienced adoption when they adopted their second daughter from an orphanage in India. Through that experience and working to find the best help for her daughter, Stephanie learned first-hand the tremendous importance of having access to quality medical and mental health resources in Clark County for children who have suffered through childhood trauma and neglect. In addition to these personal life experiences, Stephanie brings a unique perspective to the Family Court bench in child welfare cases through her experience as a Children’s Attorney. Stephanie was one of the first dedicated Children’s Attorneys with the Children’s Attorneys Project of Legal Aid Center of Southern Nevada. While with LACSN, Stephanie started the Nevada Chapter of the National Association of Counsel for Children and
worked collaboratively with the Courts to reduce the population of infants and toddlers in congregate care settings. Stephanie was a frequent presenter at continuing legal education seminars locally and nationally on the subject of best practices in child welfare. Stephanie also worked as a prosecutor for the Clark County District Attorney’s Office and the Washoe County District Attorney’s Office in the child welfare division where she handled hundreds of child welfare cases, including termination of parental rights trials. In addition to her child welfare background, Stephanie has many years experience as a civil litigator and she will bring to the bench critical knowledge of the Rules of Evidence and the Rules of Civil Procedure which she gained through many arbitrations, mediations, and trials. Beyond her roles as a child welfare attorney and a civil litigator, Stephanie has a long history of giving back to the community as a volunteer. Currently, Stephanie has several pro bono cases with the Legal Aid Center of Southern Nevada for the Children’s Attorney’s project. She is also active with the Truancy Diversion Program (TDP) as a Volunteer Judge. While with the Washoe County District Attorney’s office, Stephanie helped start the TDP program for the students in Washoe County School District. Stephanie has also been the recipient of the Circle of Support Award by the Clark County Bar Association for her service as the chair of the Community Service Committee. While in Washington County, Utah, Stephanie served as a board member on the Dove Center and as a volunteer with the Erin Kimball Foundation both of which support victims of domestic violence
Vegas Legal Magazine Spring 2020 | Pg. 31
MEET THE
INCUMBENT – Bryce Duckworth Family Court, Department Q
Bryce Duckworth was born on April 10, 1965, in Salt Lake
City, Utah. Bryce attended the S.J. Quinney School of Law at the University of Utah. While at the S.J. Quinney School of Law, he was honored as a William H. Leary Scholar. He also served as a member of the Utah Law Review. Bryce received his Juris Doctor in 1991. After completing law school, Bryce relocated with his family to Las Vegas, Nevada. Bryce received his license to practice law in the State of Nevada (as well as the U.S. District Court, District of Nevada) in 1991. At the same time, he joined the law firm of Dickerson, Dickerson, Lieberman & Consul (later known as Dickerson, Dickerson, Consul & Pocker), practicing primarily in the area of family law. He worked as an associate attorney and later became a shareholder at Dickerson, Dickerson, Consul & Pocker. In 2004, Bryce joined the law firm of Smith, Larsen & Wixom, where he managed their family law department. Bryce is a member of the Clark County Bar Association, the State Bar of Nevada, and the Family Law Section of the State Bar Vegas Legal Magazine Spring 2020 | Pg. 32
of Nevada. He served as the Chair of the Family Law Executive Council for the Family Law Section of the State Bar of Nevada from March 2007 until March 2009. He continues to serve as a member of the Family Law Executive Council. Bryce also serves as a member of the Judicial Council of the State of Nevada and the Certified Court Interpreters Advisory Committee. In 1996, Bryce authored the article: “’Til Disability Do Us Part: The Community/Separate Property Nature of Disability Benefits,” which appeared in the February 1996 edition of the Nevada Lawyer. He also co-authored the article: “Nevada Developments in Valuing Pension Benefits Upon Divorce,” which appeared in the July 1996 edition of the Nevada Lawyer. Additionally, in 2005, Bryce was recognized by his peers as an “AV” rated attorney. In 2008, Bryce was elected to serve as a District Court Judge for the Eighth Judicial District Court, Clark County, Nevada.
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MEET THE
INCUMBENT – Rhonda Forsberg Family Court, Department G
In April 2019, Rhonda was honored to be selected by the Governor of Nevada to serve as Judge of Family Court Department G. Judge Forsberg loves serving the residents of Clark County to assist them through some of the most difficult times in their lives. Since taking the bench she has worked hard to ensure that all litigants are respected and have the opportunity to have their positions heard. She understands that people need their cases resolved so they can begin to heal and move on with their lives.
She is the youngest of five children, and the first of her family to attend college. Rhonda was a non-traditional student. Rhonda obtained a Bachelor’s Degree in Psychology from the University of Utah in 1995, while working fulltime and raising a family. Rhonda was grateful that UNLV’s law school offered a night program that allowed her to complete her law degree while working full time. She completed her law degree from UNLV’s William S. Boyd School of Law in 2005. Rhonda’s legal career began with working for Radford J. Smith, Chartered. Rhonda opened her own law firm in 2008. Rhonda handled all types of family cases including divorce, custody, child support, adoptions, guardianship, TPO’s, juvenile delinquency and juvenile dependency. Rhonda believes in helping the community. During college she found time to volunteer with Salt Lake Rape Recovery Center. Rhonda assisted victims of sexual assault. In addition, Rhonda has served on the Board of Nevada Partnership for Homeless Youth, has devoted many hours of pro bono work assisting children in abuse and neglect cases, and the Ask A Lawyer program as well as other cases assigned by Legal Aid. The majority of family cases in Nevada are filed in proper person by parties who cannot afford counsel. Understanding that the majority of cases that would appear before her would be parties in proper person, Rhonda accepted an appointment as court appointed counsel in juvenile dependency court, representing low income parents. Serving low income parties has broadened her knowledge which has been an asset as a judicial official. Prior to being appointed as Judge of Department G, Judge Forsberg served as a pro tem hearing master for domestic violence/TPO and family discovery court. She has also served on several committees to improve the family court system; the Bench/Bar Committee, the Court Technology Committee, the Settlement Master’s Program, a judge for the Truancy Diversion Program, and was appointed as the chairperson for the Outsource Provider List Committee.
Though Judge Forsberg loves her legal career, her greatest achievement is raising two daughters that are successful, productive members of society. What are the biggest changes you think we need to make to our justice system? Though we have made great strides in access to justice, there is still more to be done. As approximately 70% of the cases before me are pro se litigants, increasing alternative dispute resolutions would greatly improve the current system. Currently the Family Court utilizes the Senior Settlement program and the Judicial Settlement Program. Where Senior Judges and sitting judges conduct judicial settlements for cases from other departments. These programs are extremely successful. When you consider that a majority of the litigants in Family Court are still going to be in each other’s lives, having alternative resolution can minimize the adversarial process and assist families to heal to be able to co-parent more efficiently. What is your philosophy on “judicial activism”, and what effect should judges have in setting or promoting public policy? The power to initiate policy remains with the legislative or the executive branches. The judiciary should be careful to not usurp the policymaking role of the democratically elected bodies and officials. Obviously, there always will be some ambiguity, hard cases, and challenges in applying the law to new, unforeseen circumstances. In those instances, a judge’s responsibility to differentiate the specific facts is necessary, when interpreting laws. However, the Court must be cautious to not impute its own preferences over those of the duly elected legislature. The people must respect judicial decisions to obey them. That respect and legitimacy comes when decisions are grounded in legitimately established constitutional laws. Do you volunteer or are you involved in any charitable activities? I have always done volunteer work. Prior to taking the bench I served on the Board of Nevada Partnership for Homeless Youth to uplift homeless youth in our community ,volunteered for the “Big Search” to locate missing children, devoted many hours of pro bono work assisting children in abuse and neglect cases, served as a truancy diversion Judge and volunteered for the Ask A Lawyer program as well as other cases assigned by Legal Aid.
MEET THE
CANDIDATE – Ozzie Fumo
Justice of the Supreme Court, Seat D Assemblyman Ozzie Fumo has been a practicing trial attorney in Las
Vegas for over two decades. Uniquely qualified to serve on the Supreme Court, Ozzie has spent his career fighting for the rights of Nevadans from all walks of life. A first-generation American, Ozzie grew up in Las Vegas and was first elected to the State Legislature in 2016. As an Assemblyman, Ozzie’s two sessions in Carson City have been marked by significant legislative success. In 2017, he sponsored Harvey’s Law and the law that makes our jury pools more representative. In 2019, he helped guide Brooklynn’s Law into legislation and eventually into law. In private practice, he has stepped up to help seal the records of those who have paid their debt to society and simply want fresh start to their lives. He also has trial experience at the state, federal, and 9th Circuit level as well as trying death penalty cases.
law in the State Legislature was to expand and diversify our jury pools. This cuts down on the same people being called too often and makes our juries more representative of our community as a whole. While in the legislature, I also worked on improving our system of cash bail, and we’ve started the process of dealing with the death penalty which, among other issues, is a significant, unnecessary expense to taxpayers. Additionally, as someone who has spent over twenty years in our courts, I believe there are ways within the system that can help clean up some of the backlog of cases and adjust the way we’re dealing with mental health to help alleviate the strain on our jails. We’re moving in the right direction on many issues, but the push improve our criminal justice system needs to continue. What is your philosophy on “judicial activism”, and what effect should judges have in setting or promoting public policy?
One of the few members of the community to sit as a Hearing Master on Metro’s Public Fact Finding Police Use of Force Board, Ozzie has also served as a Judicial Referee in Las Vegas Justice Court. He has received the prestigious State Bar of Nevada Pro Bono Advocate of the Year Award for helping the indigent; is AV Rated by Martindale Hubble (their highest rating); has been named the 2019 Defender of the Year by the Nevada Attorneys for Criminal Justice (NACJ); and was named the 2019 Consumer Advocate of the Year by the Nevada Trial Lawyers Association. He is also a member of Super Lawyers.
Serving on the bench is an honor and a privilege, and the responsibility that goes with that is making sure that everyone who comes before you is entitled to and receives equal justice under the law. As such, I don’t believe a justice should be promoting political policy from the bench. As a former state legislator, I believe I have a unique ability to understand and interpret legislative intent and can tell you from first-hand experience, those who are writing our laws are doing so with the best of intentions for all Nevadans. But when there is a question about the impact of those laws, we need to rely on the law itself first and not personal political preference.
Today, as he runs for our State Supreme Court, Ozzie is an adjunct professor at the UNLV Boyd School of Law. A husband, father, and grandfather, and he is proud to call Las Vegas his home for over 40 years.
Do you volunteer or are you involved in any charitable activities?
What are the biggest changes you think we need to make to our justice system? The role of our State Supreme Court in particular, is to interpret the law, so I don’t believe in legislating from the bench. But I do believe that all of us in the legal community love the law, that we are stewards of the law, and that we should constantly be working to improve our justice system. That’s why I’m proud that one of the very first bills I sponsored and guided into
Vegas Legal Magazine Spring 2020 | Pg. 38
I do volunteer. I believe those of us who’ve been fortunate enough to enjoy success in our state should give back to our community. That’s the reason I wanted to run for and serve in our State Legislature. That’s why I now teach law at the UNLV Boyd School of Law, and it’s why I’ve done probono work for years in the community including record sealing for those who have paid their debt to society and just want a clean slate moving forward. Additionally, both my wife Ellen and I are very committed to mental health, so we make time to bring food and give time to mental health causes in our community.
MEET THE
CANDIDATE – Dan Gilliam, Department 24 Thank you for taking the time to learn more about me and my candidacy!
My name is Dan Gilliam and I was born and raised in a small town in Ohio. After graduating from Port Clinton High School, I attended the Ohio State University where I got my Bachelor’s Degree in Education (1996), my Master’s Degree in Education (1997), and my Juris Doctorate Degree (2004). I took four years between my graduate program and beginning law school and devoted my time to working with underprivileged youth at a residential treatment facility. I started out as line staff and worked my way up to Program Director before I decided to further my education. Upon finishing my legal studies, I immediately moved to Las Vegas to begin my legal career. I started by working for the Clark County Public Defender’s office in 2005, where I represented thousands of individuals charged with crimes ranging from misdemeanors to felonies. After leaving the Clark County Public Defender’s office in 2007, I practiced law for nearly eight years as an Assistant City Attorney in the City of Henderson. In that role, I prosecuted thousands of DUI and Domestic Violence charges, as well as other misdemeanors. In addition to prosecuting, I helped train new Henderson Police Department recruits by teaching them about our search and seizure laws, probable cause requirements and proper DUI arrest protocols. In January of 2015, I left the City of Henderson and opened my own practice, the Gilliam Law Group. In 2018, my firm blended with Bighorn Law – a multi-jurisdictional law firm based in Nevada, Utah and Arizona. I handle the firm’s entire criminal defense caseload. For the past three years, I’ve been involved with the Trial By Peers program, which was created to provide young teens the opportunity to participate in a very real legal setting to address common teen issues like truancy, marijuana use and minor weapons violations.
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In October 2019, my wife and I decided that it was time for me to take the next step in my career and further represent Clark County by becoming the next judge in Clark County District Court Department 24. I believe that my fifteen years of extensive trial experience both defending and prosecuting cases makes me the perfect candidate for the bench. In my spare time, I enjoy being at the gym, riding my Ducatis and Harley, and taking my ’74 Nova and track-ready ’17 Hellcat out for a spin, so if you see me around…feel free to say hello! What are the biggest changes you think we need to make to our justice system? I believe that we have an obligation to increase accessibility to the courts. For example: It would be very easy to inform individuals of upcoming court dates via text. The system is backed up with people in warrant status – many of whom have simply failed to pay a traffic ticket. A simple text reminder could be sent to those individuals reminding them of upcoming payments or upcoming appearances. Technology is something that we should be keeping up with and using to out benefit. What is your philosophy on “judicial activism”, and what effect should judges have in setting or promoting public policy? My philosophy on “judicial activism” is that judges are obligated to follow the law. It is not a judge’s job to make rulings based on personal beliefs. Do you volunteer or are you involved in any charitable activities? I have spent the past several years volunteering for the Trial by Peers program. It’s a diversion program that works to keep a juvenile’s record clean when that juvenile has broken the law. I proudly sit as “presiding judge” during the Trial by Peers court hearings and do everything I can to ensure that these kids have an opportunity to turn things around – before the judicial system becomes involved. Website: gilliam4judge.com
MEET THE
CANDIDATE – Bill Gonzalez Family Court, Department U
I am running for family court Dept. U.
Family Court has the responsibility for presiding over juvenile delinquency matters. Family Court Judges and the community need to work together to reduce the crime rates for juveniles. Family Court oversees numerous truancy courts to assist with keeping kids in school. Truancy Judges have a positive influence on kids and are often the major difference in a child’s decision to remain in school. We also need to provide more treatment programs and services for substance abuse, and opportunities to obtain gainful employment. Having more mentors for persons transitioning back into society is key. Hope for Prisoners is a great example of the community and the police working together to provide opportunities and reduce recidivism. The role of the judiciary is to apply the law, not make it. Judges can and should provide vital input to the legislature to assist in improving the law. Judges should treat everyone with respect and make fair decisions based on the law and facts of each case. In Family Court, Judges have the responsibility to protect families and children. Family Court Judges play a pivotal role in creating a healthy and safe environment which allows married couples and parents to resolve the important decisions regarding their own families in a fair and expeditious manner. Bill and Ana Maria, his wife of 33 years, have four wonderful children ages 10 to 31 and two granddaughters. They have made Southern Nevada “Their home” since 1997. During the early years of his marriage, Bill put himself through college while working full-time. Bill has a Bachelor of Science in Business and Management from Redlands University, an MBA from the Monterey Institute of International Studies, and a Law Degree from the J. Reuben Clark School of Law. Experienced Trial Attorney Bill has been practicing law in Nevada since 1997. He has been admitted to the State bar of Nevada (1997) and the State Bar of California (1998). Bill has been in the courtroom on an almost daily basis for the past 21 years. He has extensive litigation and trial experience. He has participated in over 500 trials/evidentiary hearings as either a trial attorney or presiding judge. His clients are greatly benefited in the courtroom by his superior knowledge of the law, legal procedures, and rules of evidence. Former Family Court Judge Bill Served for nearly six years as a Family Court Judge in Department F. During this time, he oversaw matters involving divorce, custody, child support, and adoption. Bill presided over 10,000 cases including over 425 trials/evidentiary hearings. He was able to successfully manage a heavy caseload. Bill understands the emotional and financial stresses of being in court. He further understands the importance of assisting families in quickly reaching fair and equitable resolutions. Family Court Attorney Bill has been helping children and families in family court on a daily basis for 16 years. His compassion, dedication and hard work continue to make a positive impact on families in our community. Bill has
owned and operated his own law practice since 2016. He practices almost exclusively in the family court arena. Bill has represented hundreds of clients in family court since his time on the bench. He understands what it takes to balance the daily operations of a law firm while ensuring his client’s receiving excellent legal representation. Served As the Voice of More Than 2,000 Children Bill served in the Juvenile Justice System from 2005-2009. His earnest commitment to understanding, representing, and connecting his young clients with the most appropriate services bolstered selfconfidence and greatly contributed to higher levels of safety and restoration to many of Clark County’s communities. Family Court-Appointed Attorney (Abuse and Neglect) Bill currently serves as a court-appointed counsel for parents in family court abuse and neglect cases. Most of his clients in abuse and neglect court are indigent. Many of them have serious mental health, developmental, and substance abuse issues. Some of his clients have been victims of domestic violence and sex trafficking. Bill advocates on behalf of his client to ensure they receive the necessary treatment and services to reunify with their children. He is also regularly appointed by family court judges because of his Spanish-speaking abilities. Judicial and Professional Appointments FAMILY COURT JUDGE DEPARTMENT F, EIGHTH JUDICIAL DISTRICT COURT (2009) In February 2009, the Nevada Judicial Selection Commission vetted Bill’s legal and courtroom experience and deemed him one of the most qualified finalists for Family Court, Department F. Nevada Governor Jim Gibbons appointed Bill to the Family Court Bench in March of 2009. Pro Bono Bill has assisted Legal Aid Center of Southern Nevada both as a judge by promoting pro bono participation by members of the bar and as an attorney by taking pro bono cases each year and participating as a panel member for LACSN pro bono presentations. In addition, Bill provides pro bono services for other persons who are unable to afford legal counsel. His desire to help his fellow citizens is what drives Bill to work hard in the courtroom and as a member of our community to assist those most in need. Mentorship Bill has mentored students at the Boyd School of Law as part of the Juvenile Justice Clinic. He also participated as a board member of the UNLV Boyd School of Law clinical programs for five years. All five of Bill’s judicial law clerks were graduates of the UNLV Boyd School of Law. He has served as a volunteer judge for local high school mock trial programs. Bill has also served as Boy Scout leader for local Las Vegas unit 269 for 14 years. He also participates in numerous educational programs for children attending at risk schools.
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MEET THE
INCUMBENT – Elizabeth Gonzalez, Department 11 Elizabeth Gonzalez handles business, civil and criminal cases.
She was appointed to the district court in July 2004. Prior to taking the bench she practiced predominantly in complex civil litigation that included business, mass tort, and construction defect litigation. From 1986 to 1998 she was employed with the law firm of Beckley, Singleton, Jemison & List where she focused on these areas of litigation and served as the firm’s president from 1997 to 1998. From 1998 until taking the bench she operated her own firm. Judge Gonzalez is a past President of the American College of Business Court Judges and a past President of the Nevada District Judges Association. She previously served on the Judicial Council of the State of Nevada, Supreme Court Jury Improvement Commission, the Supreme Court Access to Justice Commission, and the State of Nevada Ethics Commission. Judge Gonzalez is the former President of the Board of Directors of Clark County Legal Services and a former member of the Eighth Judicial District Bench Bar Committee on Pro Bono. She has long been dedicated to the provision of legal services to all members of the community. Ms. Gonzalez was first recognized for her support of pro bono by the Clark County Pro Bono Project in 1992 and in 2002 was selected Attorney of the Year by the State Bar of Nevada Access to Justice Committee. She served on the Clark County Legal Services Board, which now coordinates the provision of pro bono services for all of Clark County for over ten years. In 2007 and 2012 she was awarded the Justice Nancy Becker Award of Judicial Excellence.
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The Trial by Peers Program is a partnership of the judiciary, the juvenile justice system, and the Clark County Bar Association diverting certain youthful offenders from the juvenile court system. In 2007 and 2010, Judge Gonzalez was selected as Judge of the Year by the Trial by Peers program. Judge Gonzalez attained a B.A. in History, with honors, from the University of Florida in May of 1982 and received her law degree from the University of Florida College of Law in 1985. She was admitted to the State Bar of Nevada in 1985. Since her admission to the Bar, Judge Gonzalez has served on many bar committees, including service as the Regional Chair for the State Bar of Nevada Fee Dispute Committee and a member of the State Bar of Nevada’s Functional Equivalency Committee. She also serves as a Master Emeritus of the Nevada American Inn of Court which has as its purpose the enhancement of Nevada lawyer’s practical skills, professional awareness and ethical responsibility. Judge Gonzalez has given numerous seminars on business and construction defect litigation including the subjects of evidence, civil discovery, insurance issues, dispute resolution and construction defect issues.
MEET THE
CANDIDATE –Donald Green, State Bar of Nevada Board of Governors
Don brings an exceptional background to the Board of Governors.
Don literally grew up in Nevada working in the trenches of our major industry: gaming. Combined with his extensive administrative law, litigation, trial and appellate experience in two states, Don’s work with various types of Federal, State and local administrative agencies gives him a unique perspective on specialized rules of practice and procedure, such as before specialized courts like the United States Court of Federal Claims in Washington, D.C. and the United States Court of Appeals for the Armed Services. Don is ready for the challenges which administrative regulations and procedures are part of the daily tasks of a Member of the Board of Governors. As a weekly contributor to and as a director and producers of weekly educational online podcasts on Firearms Laws, SelfDefense, and Political Issues, Don has practical and well-developed communication and research skills which are essential to working with others on the Nevada State Bar Board of Governors. For example, immediately after Governor Sisolak ordered the closure of nonessential business as a result of the current COVID-19 epidemic, Don took swift and decisive action to send letters or emails to Governor Sisolak, the Nevada Attorney General, Sheriff Lombardo of Clark County, the Mayor of the City of Henderson, and the Henderson Chief of Police that Guns Stores in the State of Nevada could NOT be closed due to a specific Nevada Statute which prohibited such closures. Don’s letter to the Governor was researched and drafted within hours after the effective date and time for closure orders directed to non-essential businesses in Nevada. No one asked or paid Don to take action to keep Guns Stores open. This immediate action mirrors the type work which Don is ready to undertake as a Member of the Board of Governors.
The Nevada State Bar and our Board of Governors, too, quickly formulated a plan to deal with COVID-19 as that epidemic impacted—and continues to impact— in the daily practice of law. Thus, Members of the Board of Governors have undertaken action and have implemented policies to deal with an emergency situation. GOALS As a member of the Board of Governors, I will adhere to all current By-Laws, and I will present and advance the following personal goals to: Emphasize practical training in the courtroom or before tribunals exercising their jurisdiction over cases. Emphasize the strengthening of ethical standards of practice. Emphasize responsiveness to the everyday needs of every member of the State Bar of Nevada. Emphasize responsiveness to the everyday needs of the public which needs and seeks competent legal advice. Emphasize working with other members of the Board of Governors to debate, discuss, prepare and ratify their ideas for enhancing the integrity of the State Bar of Nevada. LAWYER Don has been practicing law for over 36 years. During this time period, Don has been involved with and tried over 70 jury trials in
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MEET THE
CANDIDATE –Donald Green, State Bar of Nevada Board of Governors
California and Nevada of which two, high profile cases consumed 4 months each. Don has tried cases in several counties in California. By contrast, Don has had court hearings or trials in every county of the State of Nevada. Don’s practice emphasizes trial work in the Federal and State Courts in California and Nevada. As an important practice area, Don’s involvement in Firearms litigation, licensing, and administrative Appeals, has resulted in representing clients before the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms & Explosives, and State and Local Administrative Agencies in California and Nevada. Each year, on average, Don provides at least 100 hours of Pro Bono Service to impoverished or low income individuals, the Veterans of Foreign Wars, and Vietnam Veterans of Nevada. Don also donates time and research as a Guest Lecturer in Constitutional Law at the Silver State Law Enforcement Academy in Henderson, Nevada. Don currently has seven published Opinions in the United States Court of Appeals for the Ninth Circuit, the Supreme Court of Nevada, the United States District Court for the District of Nevada, and in the United States District Court for the Southern District of California. PERSONAL Don has lived with his family in Nevada for 49 years since I was 17 years old. Many of his aunts moved to Nevada in the 1960s.
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In the early 1970s, Don grew up working in motels on the Las Vegas Strip as a linen porter, a window washer and as a bus driver. Don worked to help support his mother and two sisters. Don was a night student in the very first classes offered in September 1971 at the Clark County Community College which was then and is still now a very small building on North Main Street. Don enlisted in the United States Army in 1974 and I served in the Republic of Vietnam from August 1974 to October 1974, then at Fort Hood, Texas, and then in the Republic of Korea from November 1976 to November 1977. Don always aspired to be a lawyer, so after he was Honorably Discharged from the Army in 1978, Don attended UNLV and graduated to go to law school in California because, in 1980, there was no law school in Nevada at that time. Don served on three National Moot Court teams as an Oralist and/or Writer for Southwestern University School of Law: these events were the Administrative Law Competition at the University of Dayton (1982), the Federal Courts Competition at the College of William and Mary (1982), and the National Competition (1983) held in San Francisco. Don was admitted to practice law in California in 1983 and in Nevada in 1984. Don has always advocated intense and strong continuing legal education. So, subsequently in 1995 in association with the California CLE board, Don was accepted as a student InResidence at the Residential Program for International Continuing Legal Education Studies conducted at Brasenose College of Oxford University, in the United Kingdom.
MEET THE
INCUMBENT
– Joe Hardy, Department 15
Joe Hardy Jr. is your District Court Judge in
Department 15. He is a third generation Nevadan who grew up in Boulder City. Judge Hardy was accepted to Brigham Young University with a full tuition scholarship. He remained at BYU for law school and graduated cum laude. While in law school, Judge Hardy externed for Judge Lloyd D. George who inspired him to one day become a judge. Upon graduation, Judge Hardy returned to Clark County and now lives here with his wife and two sons. Judge Hardy believes in public service and the rule of law. As a former partner in a top-100 national law firm, Judge Hardy gave up a successful private practice to do his small part in bettering our community. In early 2015, Judge Joe was one of 25 applicants for two vacant district court seats. After an extremely thorough vetting process, Vegas Legal Magazine Spring 2020 | Pg. 52
Judge Hardy was selected as a finalist in both seats by the Nevada Judicial Selection Commission and was then appointed by Governor Sandoval to be your judge in Department 15. In 2016, Judge Hardy’s broad community support was evidenced in his 20-point retention campaign victory. While on the bench, Judge Hardy has served as a business court judge and is currently chair of the local rules committee. In a recent survey, nearly 4 out of 5 attorneys recommended that he be retained. Please visit www.JudgeJoeHardy.com to to learn more about his qualifications, endorsements, and community support. Judge Hardy’s strong work ethic, even temperament, and courage to do what is right serve him well in his split civil/criminal docket. Judge Joe thoroughly enjoys serving our community and humbly asks for your support in his re-election campaign this year. Remember, “When you vote, vote Judge Joe!”
MEET THE
INCUMBENT – Matthew Harter Family Court, Department N
LEGAL EXPERIENCE 8TH JUDICIAL DISTRICT COURT, positions held with the court: DISTRICT COURT JUDGE, FAMILY DIVISION, DEPT. N (Elected in 2008; Re-elected in 2014; unopposed in 2020) ARTICLES “Issues Surrounding Relocation,” COMMUNIQUÉ (June/July 2019) “Registration of Foreign Judgments at Family Court,” COMMUNIQUÉ (December 2018) (Personal) “Farwell Marshal Bill,” VEGAS LEGAL MAGAZINE (Winter 2017) “Alleging Child Abuse/Neglect in Custody Cases,” COMMUNIQUÉ (June/July 2017) (and on cover) REPUBLISHED WITH PERMISSION OF CCBA IN NFLR “Unreimbursed Medical Expenses and Enforcement under IV-D,” NFLR (Spring 2016) “5 Things Attorneys Need to Know About Costs,” COMMUNIQUÉ (January 2016) “Annulments: Not Easy by Design,” COMMUNIQUÉ (June/July 2015) “3 Mandatory Rules Pervasively Not Followed at Family Court” “Attorney’s Fees at Family Court,” COMMUNIQUÉ (August 2013) (and on cover) ASSOCIATIONS American Judge’s Association; Judicial Family Institute; Nevada District
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Judge Association; State Bar of Nevada, Family Law Section; Clark County Bar Association. CERTIFICATES Achievement in Judicial Education by Supreme Court of Nevada; General Jurisdiction, Ethics, & Substance Abuse, all 3 from Nevada Judicial College; Negotiation Skills for Judicial Officers by Family Mediation Center; Certificate of Appreciation by ONE Promise Nevada (pro bono organization). COMMITTEES Security; School Board; various hiring committees for Family Court. ARBITRATOR (2004 to December 2008), mandatory arbitration of civil cases under NAR 3 LAW CLERK (April 1994 to August 1995), to the Hon. Gerald W. Hardcastle, Family Division, Dept. D MATHEW HARTER, ESQ., Attorney at Law (August 1995 to December 2008) Solo attorney practicing primarily in Family Law (I personally handled over 9,000 Family Court cases as an attorney, including court-appointed in NRS 432B abuse/neglect cases), also in the areas of Personal Injury and Criminal Law (including court-appointed counsel for indigent juveniles and adults). Practice included appearing in federal, state (including appellate cases), county, almost every city/township’s court in Clark County and various administrative hearings (e.g., Worker’s Compensation). ASSOCIATIONS DURING LAW PRACTICE American Inn of Court; American Bar Association, Family Law Section; State Bar of Nevada, Family Law Section; Nevada Trial Lawyers Association; Clark County Bar Association; Nevada Legal Services
(pro bono attorney for indigent clients); Family Law Self-Help Center (participant of free Ask-a-Lawyer program). CLARK COUNTY PUBLIC DEFENDER’S OFFICE, Contract Attorney (1996 to 2004) Represented mentally ill patients at commitment hearings (NRS 433A) and also parolees at violation hearings (NRS 213).
UNIVERSITY OF NEVADA, LAS VEGAS (UNLV), Bachelor of Science in Business Administration, 1988 BONANZA HIGH SCHOOL, Las Vegas, Nevada, Class of 1984 COMMUNITY INVOLVEMENT
ALAN R. HARTER, ESQ., Attorney at Law (father), Law Clerk (during/ following law school); Legal Runner (in teenage years).
Judge of UNLV Moot Court Finals; Judge of high school Moot Court Finals; Career Day speaker.; Boy Scouts of America, leader; Cub Scouts, leader; Coach of both girls & boys basketball teams for Clark County Parks & Recreation; Coach of Little League Baseball (multiple years).
EDUCATION
PERSONAL
WESTERN MICHIGAN UNIVERSITY, THOMAS M. COOLEY LAW SCHOOL, Juris Doctorate Cum Laude, Ostrander Class (January 1994)
Proud Native Nevadan. Born in Reno, raised in Las Vegas, moved to Logandale in 2006. Employed by Smith’s Management Corp. (Smith’s Food King) from 1986-90 until I left for law school in Michigan. I was a member of UFCW, Local 711. Highest position attained was as Swing-Shift Manager of Store #359.
Law Review, Associate Editor; awarded with multiple Academic-Based Scholarships; Scholastic Review Board, Chief Hearing Officer; Recipient of the Harry A. Gair Memorial Scholarship Award for Intramural Moot Court Finals; 1992 National Moot Court Team, received the American Jurisprudence Award (only 1 awarded), then selected to serve as Chancellor (co-instructor) of the next National Moot Court Team; Sixty Plus Inc. (Elder Law clinic), Legal Intern (represented indigent, elderly clients); Cooley Clinic, Inc., Legal Intern (set up non-profit corps.).
Married with 8 children, 3 grandchildren and 2 more on the way. My wife Brandie is a Native Nevadan, continues to serve on PTO Board at Grant Bowler Elementary School and teaches special needs children. Personal interests include family time, church, cross-training, baseball, four wheeling and target shooting.
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MEET THE
CANDIDATE – John Hunt, Department 18 John Hunt was born in 1954 in Boston, Mass. Upon graduation
from high school in 1972, he enlisted in the Air Force and served as an administration specialist in Alabama and New Hampshire. While on active duty, John attended night classes at the University of New Hampshire. In 1976, he left active duty and moved to Las Vegas to attend the University of Las Vegas Nevada and serve in the Air Force Reserves at Nellis Air Force Base. After graduating from UNLV in 1979 with a Bachelor of Science degree in accounting, John was hired by the Nevada Gaming Control Board as an auditor. In the fall of 1980, he moved to California to attend the University of San Diego, School of Law. After his first year, Nevada Senator Howard Cannon offered John a legal intern position in Washington, D.C. During his three years at USD, he served as an ad hoc member of the Admissions Committee, and after graduation was selected as the USD Law School’s Director for Recruiting. Armed with his law degree, John returned to Las Vegas and worked as an associate with the Law Firm of Morton R. Galane. During his tenure with Galane, John worked on a number of high profile cases including cases between the Riviera Hotel, Allen King, Joan Rivers, Liza Minnelli and Buddy Hackett; litigations against Clark County and the Brisco Construction Company; and Wayne Newton’s NBC libel trial. After leaving Galene’s law firm in 1988, John served as partner in the law firms of Netzorg, Raleigh & Hunt (1988-1992); Raleigh, Hunt & McGarry (1992-2006); Winner, Hunt & Carson (2006Vegas Legal Magazine Spring 2020 | Pg. 56
2008); Fox Rothschild (2008-2011); and Raleigh & Hunt (20112013) and Clark Hill (2013-Present). John is currently a partner in the law firm Clark Hill, who acquired Morris, Polich & Purdy, where he has been since 2013. For the past 28 years, his legal career has included almost every aspect of law. He has practiced from Traffic Court to the 9th Circuit Court of Appeals. He has argued before the Nevada Supreme Court and practiced before the 9th Circuit Court of Appeals. He has also been admitted to practice before the United States Supreme Court. He has participated as counsel in the major real estate transactions, family law matters, commercial litigation and medical malpractice. Additionally, he has litigated on behalf of the Union Pacific Railroad for the 28 years regarding enforcement Federal Employee Liability Act. He is also a member of the National Association of Railroad Trial Attorneys. When not practicing law, John spends time with his three adult children, family and friends. His numerous hobbies include golfing, singing, traveling and hot air ballooning.
MEET THE
INCUMBENT – Ronald J. Israel, Department 28 On January 3, 2011, the Honorable Ronald J. Israel took the bench in the newly created Eighth Judicial District Court, Department 28. He practiced law in Las Vegas for over 30 years prior to his judicial election in November of 2010. Judge Israel was admitted to practice law in Nevada in 1983. In 1981, he was admitted to practice law in California after he obtained his Juris Doctorate degree from the University of San Diego. In 1977, he earned his Bachelor of Arts degree in Political Science from the University of California, Los Angeles. Judge Israel came to Las Vegas in 1982 to practice insurance defense for Harding & Dawson, specifically to work on the MGM Grand Fire case. Subsequently, he went to work for Manos & Cherry where he practiced civil litigation and had the pleasure to work under former Nevada Supreme Court Justice Michael A. Cherry. Judge Israel next became a senior associate for Edward M. Bernstein & Associates, still practicing civil litigation. In 1990, he started his own private practice concentrating on Personal Injury and Workers Compensation. He was later chosen for the first panel to serve as a Judge Pro Tempore for the Clark County Short Trial Program, and as a court-appointed arbitrator. He is a member of the Clark County Bar Association, Nevada Bar Association, California Bar Association, American Bar Association, National Bar Association, Las Vegas Latino Bar Association, South Asian Bar Association, Southern Nevada Association of Women Attorneys, and Nevada Women’s Lobby, among other organizations. Judge Israel is also a caring community member. He has been active in organizations including the Boy Scouts of America, as an Eagle Scout, the FBI Citizens Academy, Clark County Pro Bono Project, Vegas Legal Magazine Spring 2020 | Pg. 58
American Israel Public Affairs Committee, World Jewish Congress, Seniors United, Nevada Public Radio and PBS, the American Mock Trial Association and is currently on the Board of Directors for the Anti-Defamation League, Las Vegas Region. What are the biggest changes you think we need to make to our justice system? The biggest problem facing the Criminal justice system is Bail Reform. The Supreme Court has set out guidelines to allow more pre-trial releases for individuals who can’t afford monetary bail. Implementation is proceeding and needs to be enforced. When it comes to the Civil justice system there needs to be more access to justice for self-represented individuals. Currently many individuals have no recourse when they have legal problems in Civil cases, including a large percentage of family law cases. What is your philosophy on “judicial activism”, and what effect should judges have in setting or promoting public policy? As a Judge I follow the law and leave legislating to the Legislature. Do you volunteer or are you involved in any charitable activities? I am a member of the FBI Citizens Academy which is a charitable organization, and I am on the Board of Directors of the AntiDefamation League.
MEET THE
INCUMBENT – Eric Johnson, Department 20 Eric Johnson is the District Judge for Department XX for the
Eighth Judicial District, handling criminal and civil matters. Governor Brian Sandoval appointed him as a judge in 2015, and voters elected him in 2016. Prior to his appointment, Judge Johnson was a Special Attorney with the Department of Justice, Organized Crime and Racketeering Section, and an Assistant United States Attorney with the U.S. Attorney’s Office for the District of Nevada, serving 10 years as Chief of the Office’s Organized Crime Strike Force and then two years as overall Chief of the Criminal Division. He championed initiatives which brought the U.S. Attorney’s Office together with local, state and federal law enforcement agencies to more effectively prosecute and keep guns out of the hands of violent criminals and drug traffickers, to target and prosecute the leadership and most violent members of street and prison gangs, and to successfully indict child exploitation cases involving child pornography and the trafficking of children for prostitution. During his over 30 years with the U.S. Attorney’s office, Eric Johnson was twice honored as one of the nation’s top prosecutors and received international commendations for his work prosecuting multi-million-dollar international money laundering operations. Before coming on the bench, Judge Johnson also was a regular instructor of trial advocacy and strategy at the Department of Justice’s National Advocacy Center and frequent presenter on criminal law and litigation throughout the United States and with foreign law enforcement programs. He has taught Ethics and Professional Responsibility as an Adjunct Professor at the UNLV Boyd School of Law. Judge Johnson served as one of the first four judges for the Court’s Homicide Panel and was elected in 2020 as the Eighth Judicial District Court Civil/Criminal Judge Representative to the Judicial Council of the State of Nevada. Eric Johnson earned his B.S. degree from Emporia State University
with a 4.0 GPA and his J.D. degree from the University of Kansas School of Law where he was a member of the law review and Order of the Coif. He graduated 2nd in his law school class. He has also taught Ethics and Professional Responsibility at the UNLV Boyd School of Law. Eric and his wife have two daughters and have been active members of our community for 30 years. Judge Johnson and his wife were inducted into Green Valley High School’s Wall of Fame for their work over a 15-year period with the school’s women sports programs. A member for 25 years in Green Valley United Methodist Church, he has served as president and trustee of the church’s corporate body and as chairman of the church’s Staff Parish Relations Committee. He also regularly participates in graduation programs for Hope for Prisoners. (1) What are the biggest changes you think we need to make to our justice system? On the civil side, the greatest obstacle to accessing equal justice is the inability of low and moderate income Nevadans to obtain legal representation or to adequately represent themselves in the courtroom. The Court has taken the initiative in expanding the services of its Self-Help Center for self-represented litigants and through working with the State Bar to encourage greater pro bono work from the legal community. On the criminal side, we need to guard against possible sentencing disparity. The Court needs to review sentences between judges for various criminal conduct to better ensure consistency into the future. The Court also needs to also evaluate the effectiveness of the Clerk’s Office in summoning jury voir dire panels which are representative of the community. Additionally, I believe the Court needs to be more active in ensuring the bail system is used for its intended purpose and not for punishment before a defendant is convicted. To better ensure bail and pretrial detention are used for ensuring the defendant’s appearance and limiting a defendant’s potential danger
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MEET THE
INCUMBENT – Eric Johnson to the community, the Court has implemented a fact-based risk assessment scoring system for judges to use in the process. Finally, I believe the Court needs to take concrete action to improve and standardize the criminal jury instructions. The current instructions are antiquated and difficult for modern jurors to understand and appreciate what they must find to convict a defendant. I am the Eighth Judicial District Court regional representative to the Judicial Council of the State of Nevada which considers these issues and potential improvements in the Courts systems. (2) What is your philosophy on “judicial activism”, and what effect should judges have in setting or promoting public policy? The judiciary is responsible to interpret and apply the law to the facts of the case. The judiciary does not make law, as such is the responsibility of the legislature. In general terms, I don’t view the judiciary as responsible for setting or manipulating public policy. I view my responsibility as a judge at the District Court level to apply the law fairly and evenly to all the parties in a case, considering their legitimate interests, goals and motives to the extent the law allows, and, whenever possible, to assist in bringing the parties together to reach a joint resolution to a matter. However, in a broader sense, I do believe the judiciary does have a responsibility to inform the public and seek consideration on matters of policy directly relevant to the judicial system. On the civil side, expanding opportunities for low and moderate income Nevadans to obtain legal representation is crucial to ensuring equal justice for all Nevadans. On the criminal side, the Court must confront issues of sentencing disparities and bail reform. The Court must also promote the availability and expansion of counseling and treatment programs for defendants with drug addiction and mental health issues. I believe judges need to be proactive in bringing about these changes and gaining public support for improvements.
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(3) Do you volunteer or are you involved in any charitable activities? I think professional and community involvement is important as a judge to stay in touch with the community and issues and concerns of its citizens. My wife and I have been significant supporters of Green Valley High School since our oldest daughter first went there in 2002. We continued to work with the volleyball program after our daughters graduated and, over a 14 years span, used the program to raise close to $100,000 in support of the women’s sports program. Both Susan and I were honored by the school in 2015 with our induction into the school’s “Wall of Fame” for our exemplifying of the school’s motto of commitment to excellence: We were the third parent group in the schools 25-year history to be so honored. I have been active with our church, Green Valley United Methodist Church, since 1996. I am currently Chairman of the Staff Parish Committee, which handles personnel matters at the church. Previously, I served for three years as President of the Church’s corporate entity and Trustee, responsible for the physical facilities of the church. My wife and I also took an active role in the Church’s youth missions projects and headed up and organized fundraiser Valentine’s Day dinners for the youth, raising $7,000 and $9,000 in two different years for youth mission projects. I have worked over the last ten years with Bobby and Sandy Ellis and their efforts to provide new shoes and toys to children in at risk elementary schools. I have played Santa for thousands of school kids who Bobby and Sandy have helped. As a judge, I have regularly spoken at Hope for Prisoners graduation ceremonies and led its graduates in their oath.
MEET THE
INCUMBENT – Tierra Jones, Department 10 Tierra D. Jones is currently a District Court Judge in Department 10 of the Eighth Judicial District Court.
On April 27, 2017, Governor Sandoval appointed Tierra to the District Court Bench. Tierra became the first African American woman to serve on the District Court in the State of Nevada. Her case assignments consist of both criminal and civil cases. Judge Jones took the bench on May 22, 2017 and began hearing cases. She was set for jury trial on her first day, but the case negotiated before jury selection. Judge Jones grew up in the small town of Hawthorne Nevada. She attended the William S. Boyd School of Law and obtained her Juris Doctorate in 2006. Judge Jones has dedicated her legal career to public service. Immediately after law school, she worked as a law clerk for the Honorable Stewart L. Bell in the Eighth Judicial District Court. After passing the State Bar, she worked for the Office of the Clark County Public Defender. She then began her prosecuting career Vegas Legal Magazine Spring 2020 | Pg. 64
at the Nye County District Attorney’s Office and later moved on to the Clark County District Attorney’s Office. During her time as defense attorney and a prosecutor, Judge Jones appeared in court almost every day. She completed more than 35 jury trials, including several high-profile cases, and she argued before the Nevada Supreme Court. Judge Jones has also volunteered several hours of community service within the Las Vegas community. Mentoring young law students has been a priority for her, and she has been able to accomplish this goal through the National Bar Association and being a volunteer judge and coach for mock trial and moot court. She has also reached out to other sectors of the Las Vegas community through the Junior League of Las Vegas and Leadership Las Vegas. Junior League of Las Vegas assists children in the community by providing everything from scholarship, mentoring, a career fair, education grants, and even a fashion show. Through Leadership Las Vegas she has helped to promote leaders from all different professional areas of the community.
MEET THE
INCUMBENT – Joanna Kishner, Department 31 I am Joanna Kishner and I have had the privilege of serving our
community as the District Court Judge in Department 31 since I was elected by you in 2010. I sought to enter public service after practicing law for over twenty years as it gave me an opportunity to serve the community where I was born and raised. Prior to being elected as your District Court Judge in Department 31, I have also had the honor of previously working as a Justice of the Peace Pro Tem, Pro Tem Small Claims Referee, a Pro Tem Traffic Court Referee, and as an Arbitrator. I was also fortunate to be named as one of the Best Lawyers in America and one of Nevada’s “Super Lawyers”. I graduated magna cum laude in 1986 with a double major in Political Science and Psychology from Claremont McKenna College. While at CMC, I also worked with the Claremont Graduate School’s Autism Clinic. Thereafter, I earned my Juris Doctorate in 1989 from UCLA School of Law at UCLA. I was a Judicial Extern for the Honorable Stephen V. Wilson of the United States District Court, Central District of California. I was also the Managing Editor of the Federal Communications Law Journal, the Third Year Editor of the UCLA School of Law Yearbook, and a Volunteer for the Homeless Legal Project. I am licensed in both Nevada and California. As a Judge, I proudly ensure that justice is administered fairly in a wide variety of cases including a specialty docket in complex construction defect litigation. When I am not in Court, I serve as a member of the statewide Access to Justice Commission, the Executive Board of Boyd Law School’s Public Interest Law Foundation, the Legal Aid of Southern Nevada’s Pro Bono Advisory Committee, the Law Library Foundation, and the Nevada District Judges’ Association. I look forward to utilizing my knowledge, experience, and work ethic, to continue to serve our community as your Judge. I truly care about our community and will continue to ensure that I oversee a fair and ethical court where everyone is treated with respect. I would appreciate if you would honor me with your vote in the upcoming election. If you would like to learn more about me or have any questions, please contact me. What are the biggest changes you think we need to make to our justice system? I am a member of the Access to Justice Commission which is a statewide Commission consisting of those in the legal profession and other stakeholders. The goals of the Commission include assessing current and future legal service needs and improving the ability of all Nevadans to effectively utilize our legal system. While there have been tremendous strides to ensure that everyone has his/her issues addressed by our court system timely and effectively, there is still room for improvement.
Continuing to improve the ability of our diverse population to have full access to our judicial system is of primary importance and is a change I am assisting on implementing in our justice system. What is your philosophy on “judicial activism” and what effect should judges have in setting or promoting public policy? There are Judicial rules, case law, and ethics opinions that direct and/or guide what a Judge should and should not do. I study and follow those directives. Specifically, over the last decade I have been on the bench, I have carefully ensured that I do not engage in what is traditionally referred to as “judicial activism” but instead I follow the rule of law including precedent. Our canons, however, do allow Judges to encourage attorneys to engage in pro-bono activities which is a public policy that I am able to promote and continuously do so within the bounds of our judicial ethics. Do you volunteer or do you participate in any charitable activities? I have volunteered and participated in numerous charitable and public service activities since I was a youth growing up here in our community. I continued my community service during college as I double majored in political science and psychology where I worked with autistic children. Prior to taking the bench, I volunteered as an attorney with the Children’s Attorney Project for several years where I helped abused and neglected children of all ages. I was also a nominee for my firm’s nationwide probono award due to my immigration pro-bono work helping a youth who had escaped gang violence in Central America seek asylum and assistance. In addition, I was selected to be on the Clark County Bar’s former pro bono committee to implement pro bono policies in law firms and I also served on what was formally known as the Community Service Committee. As a Judge, in addition to the Access to Justice Committee, I serve on Boyd Law School’s Public Interest Law Foundation’s Executive Board, Legal Aid of Southern Nevada’s Pro Bono Advisory Committee, the Law Library Board and the District Judges Association. In 2016, I was honored to be awarded the Justice Nancy Becker Award for Judicial Excellence. In addition, for several years, I was Chairperson of the Rules Committee and oversaw the State Court portion of the Open World program which brought judges from around the world to see our legal system. I also initiated a high school internship program for ATEC students to encourage their diverse student body to pursue legal studies. I have also served on the community boards of both ATEC and Clark High Schools. In addition, I encourage students of different ages and backgrounds to pursue law through my volunteerism and judging moot court, mock trials, We the People as well as volunteer my time assisting a variety of local and national non-profits.
MEET THE
CANDIDATE – J. Scott MacDonald Family Court, Department J
J. Scott MacDonald moved to Las Vegas with his family in 1966 at the
age of 8 and is a 1975 graduate of Western High School. Scott grew up in a working-class family and learned the value of hard work at an early age. Scott’s father is a Korean War veteran and father of eight who, after retiring from the air force, worked as a bartender until his retirement. During high school, Scott always worked in one job or another, as a busboy at the Las Vegas Hilton, at the old Las Vegas Icehouse, or mowing lawns, knowing that he needed to earn his own way to college. Scott completed a Bachelor of Science degree in accounting from Brigham Young University in 1982, then attended the law school at the University of Wisconsin graduating in 1985. Scott has practiced law in Clark County for over 34 years. During that time, Scott worked for 3 years in the District Attorney’s Office prosecuting juvenile crime and for over 30 years in private practice working with families in the areas of divorce, custody, and guardianship, financial reorganization and estate planning. Scott’s entire professional experience has been working with people at some of the most stressful times of their lives. Perhaps more importantly, Scott, like so many of his clients, has experienced the pain, stress and anxiety of the breakup of a family. From this experience, Scott gained empathy and understanding in dealing with his clients that were going through similar experiences. Scott hopes to be elected to the Family Court where he can use his lifetime of experience to help people get through this painful experience in an environment of empathy and understanding. Scott has been recognized for his work with charitable organizations, donates his time frequently in pro-bono work and the Legal Aid Center’s “Ask-A-Lawyer” program for indigent family law clients and is active in his church. Scott has been married to his wife, Jane Kravenko MacDonald, for over 27 years. Jane is a Las Vegas native and together they raised five children and now have 11 grandchildren. Family and community are the greatest motivators in his life and what he cherishes the most.
give back to the community I love.” “The dissolution of a marriage is difficult for all involved. I want to help families achieve a fair result, put children first, and get back on the path toward happiness. Scott will bring experience, empathy and fairness to the Court if he is elected Family Court Judge, Department J. What are the biggest changes you think we need to make to our justice system? Answer: Increased access to the courts by indigent clients coupled with greater assistance in navigating the legal system by clients who cannot afford an attorney yet find themselves caught up in the system. In the criminal courts, clients have access to a public defender, but in the civil courts, people can find themselves facing financial ruin without the knowledge or means to defend themselves. What is your philosophy on “judicial activism”, and what effect should judges have in setting or promoting public policy? Answer: In our 3-branch system of government, the role of the judiciary is to interpret laws and make decisions based upon the facts of the case and existing precedent. Judicial activism, as it is frequently defined, implies that judges are going rogue and making decisions that are not in compliance with controlling authority in their jurisdiction. I believe there is no place in the law for this kind of judicial activism. Of course, at the Unites States Supreme Court, the Justices are tasked with the difficult responsibility of determining whether any given law is unconstitutional. In this specific role, the justices ensure that there are proper checks and balances on the executive and legislative branches of the government. Some people might interpret some of these decisions as being a form of “judicial activism” but it is a necessary role to preserve our system of government. Do you volunteer or are you involved in any charitable activities?
Scott has been asked many times since starting this journey, “why do you want to become a judge”? His answer is always, “because it’s my time to
I volunteer frequently in Pro-Bono cases that originate with the Legal Aid Center of Southern Nevada and in their “Ask-a -Lawyer” program. I also participate in volunteer activities through my church.
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Website: www.jscottmacdonald.com Facebook: “J Scott MacDonald for Judge”.
MEET THE
CANDIDATE – Mandy McKellar Family Court, Department M
Ms. McKeller is running for Family Court Department M. Ms. McKellar was born in Northern Kentucky. She was then raised in the small coal mining town of Gillette, Wyoming. This provided her with an excellent education, solid foundation, and family roots. Ever since she was a child, she knew she wanted to be a lawyer.
Ms. McKellar devoted her entire practice exclusively to the area of Family Law by working closely with two of the most prominent Family Law Firms in Las Vegas from 2007 until 2011. She gained a plethora of knowledge and experience handling a voluminous amount of divorce and custody cases. It was at this point that Ms. McKellar decided to open up her own practice.
After graduation from high school, she was accepted into the University of Wyoming. She received her Bachelor of Arts in Criminal Justice with a minor in Psychology from the University of Wyoming in 2002. Ms. McKellar would frequent Las Vegas during her college career for football, and basketball games with her friends and family. Upon her first visit in 2001, standing on the bridge of the Venetian Hotel, she knew she wanted to eventually call Las Vegas, her home. She always appreciated the magic of this City.
McKellar Family Law was established in 2011. In June of 2018, she contracted with the Clark County as a conflict counsel and defender of juvenile delinquents. Ms. McKellar has now been practicing for over 13 years, she has a high level of litigation experience in all aspects of family law including highly contested custody matters, and high asset divorce cases. She has also gained valuable experience in criminal matters in her years. Helping kids and families who have ran into some trouble, is something that she really loves to do.
Ms. McKellar started Law school moving to Michigan and graduating from Thomas M. Cooley Law School, with her Juris Doctorate in 2006. Immediately she took it upon herself to contact various judges in the Las Vegas area, to start her school internship. In the Spring of 2006, she was an intern for the Honorable Nancy Oesterle in Las Vegas Justice Court. Moving to Vegas was a difficult change, but the legal community accepted her, and she thrived in this environment. Ever since she became a lawyer, she knew she wanted to be a judge.
Ms. McKellar is a current member of the State Bar of Nevada Family Law Section. She has various published articles in the Nevada Lawyer and the Clark County Bar Associations, Communique. Writing is something that she likes to do in her spare time, as well as spend time with friends and family.
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With her knowledge and experience, she would be an excellent addition to the family court bench. She would appreciate your vote for her, this coming election.
MEET THE
CANDIDATE – Margaret Pickard Family Court, Department V
Margaret seeks election to Family Court, Department V, to
continue her work with children and families in Clark County. Margaret’s entire professional career has been devoted to protecting the interests of children caught in the legal process. Margaret currently serves as a Hearing Master for the Eighth Judicial District Court/ Family Division, hearing cases in child abuse and neglect, as well as overseeing the Juvenile Drug Treatment Court. In 2019, the Nevada Legislature voted to move all child abuse and neglect cases heard in Family Court to elected District Court Judges. Therefore, Margaret is seeking to maintain the current caseload she oversees by running for District Court Judge in Family Court. Margaret has extensive experience working in family law. Prior to her appointment to the court, Margaret worked as a Family Law Mediator and Parenting Coordinator, assisting parents involved in high conflict custody cases to work cooperatively to resolve timeshare disputes. In addition, Margaret brought the Cooperative Parenting program to UNLV, teaching separating and divorcing parents involved in Family Court cases how to remove their children from parental conflict. In 2011, Margaret was awarded the Peacemaker of the Year by the Mediators of Southern Nevada, for her work in this program. From 2014-2018, Margaret served on the Executive Counsel of the Nevada State Bar’s Family Law Section. During this time, Margaret was the Co-Editor of the Nevada Family Law Report and Cochair of the Child Witness Committee, developing standardized protocols for conducting child interviews in the Family Court Vegas Legal Magazine Spring 2020 | Pg. 72
system. Margaret authored several articles for the Nevada Family Law Report and regularly trained Family Court judges and attorneys throughout Nevada to develop best practices in creating parenting plans and holiday schedules for separating and divorcing families. In 2014, Margaret was recognized as one of the Top 10 Family Law Attorneys in Nevada, by the National Academy of Family Law Attorneys. Margaret is the author of several books, including The Parenting Guidebook. In 2012, Margaret and her colleague, family law attorney Stacy Rocheleau, were the hosts of the popular radio show, Divorce War Radio. Margaret graduated from the University of California, Davis, magna cum laude, with a B.A. in Sociology. She later received her Juris Doctorate from the King Hall School of Law, at UC Davis, where she served as the Managing Editor of the UC Davis Law Review. Since 2012, Margaret and her husband, Senator Keith Pickard, have actively worked in the Las Vegas recovery community, helping youth who are struggling with addiction. The Pickards have provided over 200 community presentations on facing and overcoming addiction. Margaret and Keith are the parents of seven children and four grandchildren. They are true community servants.
MEET THE
CANDIDATE – Jacob Reynolds, Department 21 I am extremely grateful and blessed to have been raised in a great
family with 10 siblings who are proud to call the United States their home. My father grew up as a homesteader in Wyoming clearing sagebrush, hunting for dinner, and doing a lot of farming while living in a home with no electricity and no indoor plumbing. My mom grew up in the fringes of Hollywood (Burbank to be exact), the eldest daughter of an Optometrist. I am happy to now find myself somewhere in the middle, to call Las Vegas my home for nearly 15 years now, to have met my wife here, and together to now raise our four children here. My wife Tammy Reynolds, M.D. is a practicing OB/GYN. I grew up traveling the world for my father’s work. He was a professor that taught in Boston, Edinburgh, and Jerusalem. Between those sabbatical trips we would always return to Orem, Utah where we had an orchard to help feed our large family, and had multiple paper routes to help the kids have some spending money. My parents wanted us to know how to work. I worked throughout High School doing hard manual labor and landscaping in the Springs, and computer repair and other related jobs during school. After High School I served a mission for my church in Salta, Argentina on the Bolivian border. There I learned Spanish and have continued to use it as I have taught ESL classes to immigrants, in service projects in Guatemala and El Salvador (Habitat for Humanity), and now as an attorney to teach classes about the Constitution to elementary school classes in Central and Eastern Las Vegas, as well as to help with various clients.
I graduated from the J. Reuben Clark Law School at Brigham Young University and clerked for two years in federal court for the former Chief Judge Roger L. Hunt. Since completing my clerkship I have worked as an attorney at Hutchison & Steffen, PLLC where I became a partner. My practice largely focuses on complex commercial litigation, asset protection litigation, practice before the ethics commission, and constitutional issues. I have represented multibillion, multi-national corporations, I have represented politicians on both sides of the aisle before the ethics commission, and I have represented single person companies such as mechanics, pro bono. I have represented my clients in multiple federal district courts and federal courts of appeals around the country. I have represented clients in the Nevada justice courts, district courts, and the Nevada Supreme Court. I have now taken an Of Counsel position at my firm to pursue my passion of being a Judge. I have clerked and interned for three different judges: Judge Hunt (Las Vegas), Judge Lloyd George (Las Vegas), and Judge David Sam (Salt Lake City)). I am an AV rated attorney, awarded by Martindale-Hubbell (their most prestigious rating) after surveying nearly thirty of my peers from other firms who know me from practice. Beyond my federal clerkship I have practiced for 12 years at an AV rated law firm. I have been voted by my peers as one of the Top Attorneys in Southern Nevada for multiple years. I have also been honored to be recognized as a rising star in the Mountain States Lawyer magazine for four years running. I have sat first chair in multiple trials and case-dispositive evidentiary hearings. I am prepared, willing, and able to serve the great Nevada community as a district court judge. I hope to get your vote.
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MEET THE
CANDIDATE – Jacob Reynolds (1) What are the biggest changes you think we need to make to our justice system? Our justice system should be primarily focused on decreasing recidivism. That takes many forms but primarily requires being open to new ideas on what types of sentences and prosecutions are appropriate. Notably, much of the decision making in that regard is actually the responsibility of the legislature as the legislature determines what is a crime, what resources are available to the decision makers in the justice system, and what options are available to judges, prosecutors, and defenders to negotiate appropriate repercussions for crimes that may be similar in name but not in magnitude. (2) What is your philosophy on “judicial activism”, and what effect should judges have in setting or promoting public policy? Judges must presume that laws passed by the legislature are constitutional and interpret the laws as written. I believe strongly that it is the legislature’s role to write the law not the role of the judiciary. That being said, a judge is the people’s last legal line of defense against an overreaching government that would infringe the people’s constitutional rights. I am a strong believer in individual freedoms as protected in the Nevada and Federal constitutions, and understand it is certainly in the role of a judge to protect those liberties from infringement. (3) Do you volunteer or are you involved in any charitable activities? Many. I regularly volunteer for different charitable exercises through my church – providing food, clothing, and means to survive to refugees. I have taught English as a Second Language Classes to immigrants. I currently serve as an appointee on the Bond Oversight Committee for our Clark County Schools (appointed multiple times by bi-partisan effort). I serve on a bi-partisan board called Nevada Succeeds dedicated to gathering business leaders in Nevada to improve education in Nevada. I regularly work with the Alliance for Education and Liberty to help instruct children in inner city and east side schools about the origins of the Constitution. I also volunteer frequently to help coach local youth teams that my children play on.
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In schools to break barriers. See how we help all kids succeed. | CISNevada.org
Located in schools in Las Vegas, Reno and Elko.
MEET THE
CANDIDATE – Esther Rodriguez
Justice of the Supreme Court, Seat B Esther is running for Nevada Supreme Court, Seat B in the 2020 election.
This is a state-wide election and she has been practicing law and serving Nevadans for over 22 years, and is well-respected throughout the legal community. She has owned and managed her own law firm based in Las Vegas since 2004. Esther is a graduate of Princeton University, where she obtained a bachelor’s degree in politics, as well as certifications in American Studies and in Latin American Studies. She received a Masters Degree from Stanford University and her law degree from Tulane Law School in New Orleans, Louisiana. She has served as a Judge Pro-Tem in Las Vegas Justice Court, as well as a Court-appointed Arbitrator in Washoe County and Clark County. She has also served as a Mediator and Arbitrator for the State Bar of Nevada fee dispute committee for over 15 years. She is well-versed in all aspects of civil procedure and the court system, and is licensed to practice in the federal and state courts of Nevada, as well as before the Ninth Circuit Court of Appeals and the United States Supreme Court. She is of Hispanic descent and is the first person in her family to attend college. Esther’s practice involves advocating on behalf of corporations, small business owners, local organizations, and individual persons. She has extensive litigation experience and has represented clients before numerous Federal and State regulatory agencies including the Nevada Transportation Authority; Nevada Taxicab Authority; Employee Management Relations Board; Nevada Public Employees Retirement System Board; National Labor Relations Board; United States Equal Employment Opportunity Commission; Nevada Equal Rights Commission; and Workers Compensation Hearing and Appeals Divisions. Esther has been repeatedly recognized as a legal leader including Women Leaders in the Law; America’s Most Honored Professionals, Top 1%; Martindale-Hubbell Client Distinction Award, and Top Rated Lawyer in Litigation. She is a member of the Million Dollar Advocates Forum, The Top Trial Lawyers in America, one of the most prestigious groups of trial lawyers in the United States. Fewer than 1% of U.S. lawyers are members. Her firm has received the A+ Rating annually from the Better Business Bureau since 2006. She is a graduate of the National Judicial College in Reno, Nevada. In her free time, Esther enjoys attending music festivals and sporting events with her family and friends, as well as taking advantage of the beautiful recreation areas of our great state.
Creating Dialogue - One Nevadan at a Time Building meaningful relationships with all Nevadans is of paramount importance to Esther Rodriguez, Esq. in her bid to become the next Nevada Supreme Court Justice elected to Seat B. As such she is making a concerted effort to visit cities and towns across our great state in an unprecedented outreach, including to rural Nevadans because she realizes that when elected, she will be serving the entire State of Nevada. What are the biggest changes you think we need to make to our justice system? We need to be guided by justice, as opposed to winning at all costs. This mentality of winning at all costs can be curtailed by the judges who control discovery and trials and conduct in their courtrooms. Similarly, members of the public are intimidated by the judicial system and want no part of it, when it is should be viewed as a tool not as a weapon. Education and outreach need to be improved, as well as alternative methods of dispute resolution. What is your philosophy on “judicial activism”, and what effect should judges have in setting or promoting public policy? When circumstances call for it, a jurist should consider public policy and the best interests of the community. However, it is improper to legislate from the bench; that is the role of the legislature. The role of the judge is to resolve disputes between adverse parties by interpreting and applying the applicable laws. (3) Do you volunteer or are you involved in any charitable activities? I volunteer my time on the Nevada State Bar fee dispute committee which resolves disputes between members of the public and their lawyers. I act as an Arbitrator and as a Mediator for this committee and have worked to restore the public’s confidence in the legal system, when they believe they have been wronged by their representative. I also volunteer with the law school in judging competitions for aspiring lawyers. Throughout my 22 years of practice, I have always participated in pro-bono legal work for residents in need and for seniors in our community. www.R4NV.com Facebook rodriguez4nevada
MEET THE
INCUMBENT – Richard Scotti, Department 2 Judge Scotti presently serves as District Court Judge for Department 2
in Clark County, a position he has held since 2014. He has 30 years of legal experience. He is a Life Member of “The Fellows of the American Bar Association,” - a global honorary society of the top 1% of attorneys and judges. Judge Scotti presides over Civil and Criminal cases and has been honored by the Court with his appointment as the head of misdemeanor and summary eviction appeals. He has also presided over Veterans and DUI Courts, served on the medical malpractice and construction defect teams, and supervised the Court’s official Settlement Conference Program. The Nevada Law Enforcement Coalition - representing nearly 100 law enforcement agencies in Nevada, wants Judge Scotti to be re-elected, and has recently endorsed him. Judge Scotti has an extensive history of service to the legal community. Lawyers elected him twice to serve as a Governor of the State Bar. The Nevada Supreme Court appointed him as Settlement Judge for Appeals for ten years, as well as Mediator for the Nevada Foreclosure Mediation Program. He wrote on “Contract Defenses” for The Communique. Further, he has volunteered time to “Project Real,” “Trial by Peers,” and moot court competitions. Ethics in law has been significantly advanced by Judge Scotti. Twenty-five years ago he worked on the Clark County Professionalism Committee to market the “Lawyers’ Pledge of Professionalism.” He is most proud of his service as Chairman of the State Bar Civility Committee, which developed the mandatory Attorney “Oath of Civility.” Judge Scotti graduated with high honors in the top 10% of his class from Hastings College of Law in 1988 - earning the coveted “Order of the Coif ” award. His peers officially rated him “AV Preeminent,” meaning the “Highest Possible Rating in Both Legal Ability & Ethical Standards” - a
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distinction he has held for the past 7 years. Prior to his last election, Judge Scotti excelled in the fields of complex civil and business litigation, construction, real estate law, and dispute resolution. He served as Prosecutor and Counsel for the Nevada State Contractors Board, protecting public safety, protecting homeowner rights, and protecting workers’ rights to fair wages for fair work. Further, he was author of early editions of the Nevada section of the “Design-Build Deskbook” of the American Bar Association. Judge Scotti has dedicated his career to community service. Years back he worked closely with the Las Vegas Review-Journal as Editor for the “Ask-ALawyer” column. He served on the State Client Security Fund Committee, resolving complaints against lawyers. The State Bar promoted him to the positions of Arbitrator then Director of the Fee Dispute Arbitration Committee where he resolved hundreds of client billing disputes. For various community groups, he has lectured on “The History of the Jury Trial.” He has taken on cases for indigent persons. Further, he has spoken at schools regarding Civics and the Constitution. Judge Scotti and his wife of 33 years are proud to have been Clark County residents since 1992, and to have raised their two children here. Judge Scotti would be honored to continue his service to the people of Nevada. ENDORSED BY ABT. 100 LAW ENFORCEMENT AGENCIES IN NEVADA [Badges] www.ReelectJudgeScotti.com Scotti@ReelectJudgeScotti.com
MEET THE
CANDIDATE – Dawn Throne Family Court, Department U
Dawn Throne has spent the last 23 years representing clients in all
areas of Family Law – family law appeals, protective orders against domestic violence, divorce, custody, prenuptial agreements, postdivorce disputes, child support matters, guardianships of adults and minors, adoptions and probate. She is one of only 48 attorneys in the State of Nevada to be certified as a Family Law Specialists. She has argued before the Nevada Supreme Court. She regularly represents financially disadvantaged parties in Family Law matters on a pro bono basis. She loves the personal nature of family law cases and works tirelessly to advocate for her clients’ best interests and help them achieve positive outcomes. Dawn has worked to hone her skills as a Family Law attorney and is an active member of the State Bar of Nevada. In May 2001, Dawn completed the intensive American Bar Association’s Family Law Advocacy Institute in Houston. She has heard protective order cases as a Pro Tem Hearing Master. She has been a Fee Dispute Arbitrator for the State Bar of Nevada for the last 16 years. She is a member of the Southern Nevada Disciplinary Board. She currently serves as the ViceChair of the Nevada Child Support Guidelines Committee. Dawn spent her first 9 years of practice working for two full-service law firms, which allowed her to gain valuable experience in many other areas of the law. She has experience in civil litigation, business and commercial litigation, bankruptcy, employment law, administrative law, probate, estate and trust litigation and medical malpractice defense. She also prosecuted misdemeanor criminal matters and defended a few clients in misdemeanor criminal matters. Life experience has only furthered Dawn’s passion for Family Law. As a child, Dawn grew up in a home where domestic violence and alcoholism were present. She experienced poverty growing up in a single-parent home after her mother gained the confidence to leave her abusive husband. As an adult, she helped her husband fight to be an involved parent in his son’s life and then to gain custody of his son from a mother who struggled with mental illness. She helped raise teenage stepchildren and is a mother to her own teenager now. She has been through the heartbreak of divorce herself and has experience with co-parenting with an ex-spouse. She has experienced the joy of a child calling her grandma. In her free time, Dawn enjoys spending time with her daughter, which includes a shared passion for watching the Pittsburgh Steelers play,
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attending Church together, singing in the Church Choir, traveling to new places and learning. Dawn and her family have rescued three dogs – a Rottweiler named Elsa, a small mixed breed named Anna and a large mixed breed named Buster – which also keep them very busy. As a result of these varied life experiences, in addition to 23 years of professional experience, she understands how parties in Family Court feel when they are forced to bring their very personal matters before a Family Court Judge to resolve. She understands how important it is to have the best Family Court Judges possible, who have the knowledge and experience to handle the complex issues parties bring before a Judge. Dawn has the knowledge and experience to make an excellent Family Court Judge. What are the biggest changes you think we need to make to our justice system? The biggest problem in our justice system today is the lack of mental health services. Not only do we not have enough mental health providers in Clark County, but there is still a significant stigma in our society to accessing mental health treatment. The litigants who take the most judicial resources are the ones with undiagnosed and/or untreated mental illness. What is your philosophy on “judicial activism”, and what effect should judges have in setting or promoting public policy? Our system of government in the United States and in Nevada depends on the proper separation of powers. Judges are not elected to create laws or set public policy. Judges swear to uphold and defend the Constitutions of the U.S. and Nevada and to me, that means observing the separation of powers and doing the job the voters elected you to do as a Judge. Do you volunteer or are you involved in any charitable activities? My volunteer work is through my Church and by serving the Nevada State Bar as a Fee Dispute Arbitrator for over 15 years, being a member of the Southern Nevada Disciplinary Board and as Vice-chair of the Nevada Committee to Review Child Support Guidelines.
MEET THE
CANDIDATE – Bita Yeager, Department 1 For more than twenty-five years, Bita Yeager has worked in the legal
community in Las Vegas. Immediately after graduating from BYU’s J. Reuben Clark law school, Bita moved to Las Vegas to serve as a law clerk for District Court Judge Lee Gates. She then clerked for Judge Addeliar D. Guy and Judge Stephen Huffaker before starting as a trial attorney at the Clark County Public Defender’s Office. As a Public Defender for nearly 19 years, Bita represented thousands of clients, tried hundreds of bench trials and over 50 jury trials. She was ultimately promoted to Team Chief, where she oversaw a team of 7 litigation attorneys. In 2015, Bita was appointed to the Las Vegas Justice Court Bench, as the first Asian-American to serve in that capacity. During her time as a Justice Court Judge, Bita presided over a high-volume civil docket with over 30,000 cases filed each year. In 2017, Bita was selected by the Eighth Judicial District Court as their first Specialty Court Hearing Master, where she currently presides over Mental Health Court and Co-Occurring Disorders Court on the criminal side, and Civil Commitment Court and Assisted Outpatient Treatment on the civil side. She serves on numerous state-wide committees, including the Statewide Mental Health Legal Hold workgroup, and the Nevada Supreme Court’s Evidence-Based Pretrial Release Committee. Community minded and justice driven is how Bita describes her approach to the law. For almost two decades, Bita fought to protect constitutional rights of individuals, and she continues to be passionate about fair treatment under the law. Bita won awards for creating community programs to reduce recidivism and advance access to justice. “Studies show that when we address and treat the underlying drivers of crime, whether it is homelessness, untreated mental illness, substance use disorder, or unemployment, it reduces the risk of that individual committing more crimes, which makes for safer communities,” she notes. Bita founded both North Las Vegas and Las Vegas Community Courts, so that defendants charged with lower-level crimes are held accountable for remaining crimefree while connecting them to services to address their underlying issues. “Smart sentencing leads to safer communities” she states. Bita continues to work in the community, teaching police officers, hospital professionals, and attorneys about mental health and the court system. She also works with state-wide stakeholders to ensure that Nevada’s law on mental health
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crisis holds are updated and relevant. Through her work, Bita has earned a reputation in the legal community for being prepared on the facts and the law, being courteous and fair, and working hard – not only in her day-today job, but also in her many contributions to our community. Access to justice continues to be a challenge in our court system. Although judges work to ensure fair and just outcomes, many litigants face barriers to understanding the legal process, what their rights are, and how to exercise those rights. Legal Aid of Southern Nevada and Nevada Legal Services do an excellent job in providing legal services to those who cannot afford it, but there are still many more in need than there are lawyers available to represent them. We can make great strides in increasing access to justice by using technology that is effective, user-friendly, and accessible to non-lawyers, increasing our support for legal service organizations, and incentivizing attorneys to take more pro bono cases. As a judicial officer, I take my duty to follow the statutes, rules, and caselaw very seriously. I will often do my own legal research to ensure that I am knowledgeable about the law and any distinguishing factors that I should take into consideration when making a ruling. I believe it is also part of my duty to be out in the community to educate others about the courts and different court programs that are available to them, and also be actively involved in committees with state and community stakeholders to ensure that we are making improvements to our justice system. I regularly volunteer for activities that promote educational opportunities. I enjoy serving as a judge in the “We the People” high school competition as well as various law school competitions that are hosted at Boyd Law School. I also serve as an adjunct professor at Boyd Law School and enjoy mentoring young law students as they prepare for their careers. Website: www.yeager4judge.com Twitter: @BitaLV Instagram: bitayeager
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