Chief Justice Michael Cherry Education Which Appellate ... Driggs, Walch, Fine, Wray, Puzey, & ... Heather Anderson-Fintak, Editor-in-Chief Jacquelyn M. Franco, Editor Alia Najar,

Also inside:Bar Briefs

Bar Event Highlights

Bar Services & CLE Seminars

Community Service Opportunities

Sidebar: E-Filing in Clark County Courts

View from the Bench

and more...

COMMUNIQUÉEducation

Law

THE OFFICIAL PUBLICATION OF THE CLARK COUNTY BAR ASSOCIATION AUGUST 2017

Join us on Thursday, August 17, 2017:

Clark County Bar LuncheonFeatured Speaker: Kelly M. Campbell, LCSWOffers 1 AAMH CLE Credit Free! See page 9.

Mark GardbergPartner, Howard & Howard

See page 34.

Lin SorianoAssistant Principal, Clark County School District

Student, UNLV Boyd Law See page 37.

Eunice BeattieTeam Chief, Education Advocacy Program,

Legal Aid Center of Southern Nevada See page 38.

Studying Legal Issues Related to Education

Get a FREE form:

Setting Slip template for use in motions at Las Vegas Justice Court.See page 27.

Learn from Chief Justice Michael Cherry:Which Appellate Cases Are Retained by the Supreme Court of Nevada See page 30.

2 Clark County Bar Association – COMMUNIQUÉ – August 2017

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3August 2017 – COMMUNIQUÉ – Clark County Bar Association

Table of Contents


COMMUNIQUÉ

Contents – Continued on page 4

ArticlesRule the School: Practice Tips in Representing Nevada Charter SchoolsBy Mark Gardberg, Esq. ................................................................................................................................................................ 34

Education in the Digital AgeBy Lin Soriano................................................................................................................................................................................ 37

The Importance of Related Services Under Special Education LawBy Eunice Beattie, Esq. .................................................................................................................................................................. 38

HighlightsClark County Bar Event HighlightsBy Steph Abbott ............................................................................................................................................................................... 10

Volunteering to Help a Local Food PantryBy Paul Lal, Esq. ...............................................................................................................................................................................15

Sidebar: What do you think of the new Clark County District Court e-filing system? By Heather Anderson-Fintak, Esq. ................................................................................................................................................. 28

Nevada Appellate Court Summaries

Advance Opinion SummaryBy Joe Tommasino, Esq.................................................................................................................................................................... 40

ColumnsA Message from the President of the Clark County Bar AssociationEducation AddictionBy Tami D. Cowden, Esq. ................................................................................................................................................................ 6

View from the Bench of the Supreme Court of NevadaDetermining Which Appellate Cases Are to Be Retained by the Supreme Court of NevadaBy Chief Justice Michael A. Cherry .............................................................................................................................................. 30

View from the Bench of the Supreme Court of NevadaHomicide Case Team gets underway to cut backlog – case reassignments involvedBy Chief Judge Elizabeth Gonzalez ............................................................................................................................................... 32


CoverAuthors Mark Gardberg, Eunice Beattie, and Lin Soriano, gath-ered in the classroom at the Clark County Bar Association. Photo by Steph Abbott.

Contents – Continued from page 3

Advanced Resolution Management ....... 33Aldrich Law Firm, Ltd. ......................10, 20Alverson, Taylor, Mortensen & Sanders .. 22Ara Shirinian Mediation ......................... 31Bailey Kennedy LLP ............................... 22Bank of Nevada ..................9, 17, 19, 21, 48Benson & Bingham ................................ 25CCBA Services:

Advertising/Discounts .. 8, 16, 20, 44, 46Areas of Practice Listings ................8, 39Attorney Memorial Service ................ 12Bar Committees ................................ 18Bar Luncheon (Aug. 17) .............. 7, 9, 48Blanket the Homeless ........................ 16Clark County Bar E-News ........ 24, 30, 32CLE Passport ...................................... 36CLE Seminar (Sept. 20) ...................... 17CLE Seminar (Sept. 22) ...................... 19

Advertising OpportunitiesSpace is available for paid announcements of professional achievements, goods, services. Contact: Steph, (702) 387- 6011. [email protected].


COMMUNIQUÉDepartmentsBar Briefs ................................................................................................ 8Member Moves .................................................................................. 20New Members .................................................................................... 22Court Changes .................................................................................. 24The Marketplace ................................................................................ 46

Communiqué Publication Info ............ 8Downtown Cultural Series ................. 13Meeting Room Space ........................ 37Member Info Update Form ................ 45Members Directory ............................ 39Professional Portrait Session (Oct. 25) 18The Law Guide .................................... 8

Clark County Law Foundation ...........12, 16Depo International ......................17, 19, 20Elana & Ben Graham .............................. 10Esquire Deposition Solutions, LLC ............ 2Greenberg Traurig, LLP ............................ 7Holley, Driggs, Walch, Fine, Wray, Puzey, & Thompson ............................................. 23Howard & Howard Attorneys PLLC ........ 35Las Vegas 51s Baseball .......................... 47Las Vegas Legal Video .................... 7, 9, 48Legal Wings .......................................... 30

Littler Mendelson P.C. .............................. 5M Legal Global LLC ................................ 32Neeman & Mills PLLC ............................. 31Martindale-Nolo Legal Marketing Network ...................... 10Paul Padda Law, PLLC ............................ 24Portraits to You ................................18, 29Rich, Wightman & Company, CPAs, LLC . 10Roberts Stoffel Family Law Group .......... 10Southern Nevada Association of Women Attorneys ................................. 12State Bar of Nevada ............................... 26Three Square Food Bank ...................14, 15William C. Turner, Esq. ........................... 24Wright Stanish & Winckler .................... 10

Index of AdvertisersBAR SERVICES



A Message from the President of the Clark County Bar Association

Education AddictionBy Tami D. Cowden, Esq.

Tami D. Cowden is Of Counsel with Greenberg Traurig LLP. Tami has more than 20 years’ experience as an appellate attorney with a focus on representations in the Supreme Court of Nevada and the Ninth Circuit Court of Appeals. Tami serves as President of the CCBA through December 2017. Contact her at [email protected].

This issue focuses on education, which is, of course, a very broad topic. In fact, when considering what to discuss in my column, my thoughts did not go to law

as related to the field of education. Instead, the issue that came to my mind was continuing legal education.

Recently, in ADKT-0478, the Supreme Court amended SCR 210 to add an additional CLE requirement. Beginning January 1, 2018, all Nevada attorneys will be required to take thirteen credits of CLE each year, an increase of one credit per year. The required credits include ten general education credit credits, two ethics education credit, and one “substance abuse, addictive disorders, and/or mental health issues that impair profes-sional competence.” (I will call that last one the “AAMH” credit.) The change means that instead of having to earn one AAMH credit every three years, one must be earned every year. Additionally, excess AAMH credits will not carry over from a prior year or be permitted to be applied to satisfy the eth-ics credit requirement. The Court also ap-proved certain curricula for AAMH credit instruction.

The adoption of the new requirements was not unanimous. Justice Pickering dis-sented, noting that no other state has made AAMH CLEs an annual requirement. In fact, only three bars other than Nevada have made such credits mandatory at all, and only eighteen even allow CLE credit for the topic. Justice Pickering also conservatively estimated that the additional CLE requirement will add $1

million in additional costs to mem-bers of the Bar—based on $175 for the hour not worked, and $25 for the CLE credit. The Justice stated:

For that, I would expect evidence showing the ef-ficacy of mandatory annual CLE on these issues for 100% of the bar, as opposed to more intensive measures targeting the 20% of the bar that is af-flicted with them.

In re Matter of Amendments to SCR 210, p. 4 (Pickering, J, dissenting). The Justice did note that she had approved

the current once-every-three-years require-ment, considering that a “modest imposi-tion” when it assured that attorneys were aware of the Nevada Lawyers Assistance Program (NALP), and Lawyers Concerned for Lawyers (LCL), resources available for attorneys to obtain help for themselves and colleagues.

I have some sympathies with Justice Pickering’s overall view. As someone who has had probably fewer than a dozen alco-holic drinks in my entire life (and that is counting a single sip as a drink), and who has never engaged in any recreational drug use, I confess to feeling somewhat put upon to be required to take a CLE class warning about the risks of such substance abuse. I cannot speak for others who may feel the same, but I believe my own twinge of re-sentment stems from the fact that I grew up

in a family with an abundance of substance abuse/addictive behavior issues, including alcoholism and drug addiction. That substance abuse by family members had assorted neg-ative impacts on my life. So, as I explained to one colleague, the requirement for the AAMH credit feels like just one more way my father/stepfathers/sisters (none of whom are lawyers) have screwed me over. That is, of course, an entirely irrational attitude. And my feelings on the matter were ob-

Beginning January 1, 2018,

all Nevada attorneys will be required to take thirteen

credits of CLE each year, an

increase of one credit per year.


viously never strong enough to prompt me to respond when public comment on the proposed change was invited.

Anyway, despite my own somewhat irrational view on the issue, I am favorably impressed with information contained in the petition filed by the State Bar of Nevada seeking the amendment. Specifically, the Bar stated that the coordinators from Nevada Lawyers Assistance Program and Lawyers Concerned for Lawyers reported the average AAMH CLE resulted in their receiving an average three to four calls from attending lawyers seeking help for them-selves or others. That does suggest that the CLEs are doing a very good thing.

However, you might personally feel about the manda-tory AAMH credits, they are required, and if you didn’t earn one in the last two years, you need one this year. So you can get a AAMH credit for this year absolutely free, by attending the August luncheon, which features Kelly M. Campbell, LCSW, discussing substance abuse prevention and treatment for attorneys. You have to pay for your lunch, of course, but it is at Cili’s, so you know you will enjoy the meal. See page 9 for event registration form.

Knowing about the success of past CLE’s, I’ll not only be there, but I’ll feel good about attending.

2 0 0 0 A T T O R N E Y S | 3 8 L O C A T I O N S W O R L D W I D E ˚

TAMI D. COWDEN37 73 HOWARD HUGHES PARKWAY | SUITE 400 NORTHLAS VEGAS , NV 89169 | 702 .792 .37 73

Greenberg Traurig is a proud supporter of the

Clark County Bar Association.

ANNIVERSARY

GREENBERG TRAURIG, LLP | ATTORNEYS AT LAW | WWW.GTLAW.COM

Greenberg Traurig is a service mark and trade name of Greenberg Traurig, LLP and Greenberg Traurig, P.A. ©2017 Greenberg Traurig, LLP. Attorneys at Law. All rights reserved. °These numbers are subject to fl uctuation. 29168


COMMUNIQUÉ is published eleven times per year with an issue published monthly except for July by the Clark County Bar Association, P.O. Box 657, Las Vegas, NV 89125-0657. Phone: (702) 387-6011. © 2017 Clark County Bar Association (CCBA). All rights reserved. No reproduction of any portion of this issue is allowed without written permission from the publisher. Editorial policy available upon request.COMMUNIQUÉ accepts advertisements from numerous sources and makes no independent investigation or verification of any claim or statement made in the ad-vertisement. All articles, letters, and advertisements contained in this publication represent the views of the authors and do not necessarily reflect the opinions of the Clark County Bar Association.COMMUNIQUÉ is mailed to all paid members of CCBA, with subscriptions available to non-members for $75.00 per year. For advertising information and editorial pol-icy, please contact Steph Abbott at (702) 387-6011 or [email protected].

EDITORIAL BOARDTami D. Cowden, Publisher

Heather Anderson-Fintak, Editor-in-ChiefJacquelyn M. Franco, Editor

Alia Najar, M.D., EditorJennifer Roberts, Editor

Kristy BlackLindsay DemareeGerard DonderoJames E. Harper

Jennifer HostetlerErin HoustonPaul C. Ray

Melinda Vereen-McDuffie

CCBA BOARD OF DIRECTORSTami D. Cowden, President 2017John P. Aldrich, President-Elect

Jason Stoffel, Secretary/TreasurerHon. Nancy L. Allf

Nedda GhandiJames E. Harper

Brandon P. KembleMacaire K. Moran

Paul C. RayMariteresa Rivera-Rogers

Jennifer RobertsBrenda Weksler

Catherine M. Mazzeo, Immediate Past President

CCBA STAFFDonna S. Wiessner, Executive Director

Stephanie Abbott, Communications Manager

GRAPHIC DESIGNStephanie Abbott

EDITORIAL CALENDARCOVER DATE ISSUE TOPIC CLOSING DATEJanuary 2017 Five Things 12/1/2016February 2017 Pro Bono 1/2/2017March 2017 Business Litigation 2/1/2017April 2017 Diversity 3/1/2017May 2017 Sports Law 3/31/2017June/July 2017 Family Law 5/1/2017August 2017 Education Law 6/30/2017September 2017 Legislative Update 8/1/2017October 2017 Health Care Law 9/1/2017November 2017 Legal History 10/1/2017December 2017 Ethics 11/1/2017The June/July issue is published in June. There is no publication released in July. Space reservations are encouraged at least two months in advance. Space is limited with placement only guaranteed to paid advertisements. The dead-line for submission of all content is 30 days prior the the first day of the desired month of publication.Communiqué will not publish self-serving articles promoting a specific named product or services of an individual or firm. The editorial calendar may change without notice at any time.

ADVERTISING OPPORTUNTIESSpace is available for paid announcements of profes-sional achievements, goods, and services. Rates, pol-icies, and specifications are available upon request.

ARTICLE OPPORTUNTIESTo write an article for publication, send a proposal via e-mail to [email protected]. Propos-als should include the following information:

• Author(s) name(s) and Nevada bar #(s)• Summary paragraph providing the focus

and scope for the article (include relevant rules/statutes/procedures, etc.)

• Proposed issue for placement (see editorial calendar above)

All proposals and articles submitted will be consid-ered for publication. However, Communiqué will not publish self-serving articles promoting a specific named product or services of an individual or firm. Articles must be on topic and original, unpublished works. Preference will be given to articles written by attorney members of the CCBA.Contact the Clark County Bar Association to confirm availability of placement, graphic design services, and discounts.Clark County Bar Association717 S. 8th StreetLas Vegas, NV 89101Phone: (702) [email protected]


COMMUNIQUÉ Bar Briefs

� Administrative & Agency Matters � Animal Law � Antitrust & Trade Regulation � Appellate Practice � Arbitration & Mediation � Aviation � Banking Law � Bankruptcy Law � Business Litigation � Child Welfare � City/County/Local Government � Civil Defense � Civil Trial Advocacy � Collection Law � Common Interest Community /

Homeowners Associations � Constitutional Law � Construction Law � Consumer Claims & Protection � Copyright & Trademark Law � Corporate Finance & Securities Law � Corporation & Business Law � Creditor & Debtor Law � Criminal & Traffic Law � Domestic Relations & Family Law � DUI Defense

� Education Law � Elder Law � Eminent Domain & Condemnation Law � Employment Law � Environmental Law � Ethics & Professional Responsibility � Federal Indian Law � Franchise & Distribution � Gaming Law � Government Relations � Guardianship � Health Care Law � Immigration & Customs Law � Insurance Law � Intellectual Property � International & Foreign Law � Internet Law � Job Discrimination & Civil Rights � Juvenile Law � Labor Law � Land Use, Planning, Zoning � Legal Malpractice � Legislative Matters � Medical Malpractice � Medical Marijuana � Mergers & Acquisitions

� Military Law � Mining Law � Natural Resources � Patents � Pension, Profit Sharing & Employee Benefits � Personal Injury and Wrongful Death Claims � Premises Liability � Product Liability � Professional Malpractice � Public Utility Matters � Public Interest Law � Real Estate Law � Real Property Law � Social Security Disability � Special Education � Sports & Entertainment Law � State/Federal & Admin � Taxation Law � Transportation Law � Travel & Entertainment Law � Trial � Veterans Administration & Affairs � Water Rights Law � Wills, Estates, Estate Planning & Probate � Workers’ Compensation

� Yes, I want to be listed in the 2017 edition of LAW Guide. Below are my top 3 (or less) selections for the areas of practice listings:

Last Name: First Name: Phone (xxx-xxx-xxxx): NV Bar #:

Brought to you by the and the

This COMPLIMENTARY offer is EXCLUSIVE to the members of the Clark County Bar Association (CCBA) who are admitted to practice law in Nevada.

LAW Guide is scheduled to be published on July 31, 2017 by the Las Vegas Business Press. Complimentary listings are restricted to attorney members of the Clark County Bar Association who have paid their 2017 membership fees and completed the registration form before the published deadline.

For more information about this bar service, contact Steph at the CCBA or visit the Member Benefits page on the CCBA website at https://www.clarkcountybar.org/membership/membership-benefits/#lawguide.

To be listed, the CCBA member must submit information to CCBA before June 10, 2017 via e-mail to [email protected] or fax to CCBA at (702) 387-7867.

INFORMATION FIELDS LISTED BELOW ARE TO BE COMPLETED BY THE CCBA MEMBER

LAW Guide Sign Up Form

CANCELLED

CCBA Member Service Update

We regret to announce that due to the cessation of publication of the printed edition of Las Vegas Business Press, members of the Clark County

Bar Association (CCBA) will no longer receive a complimentary subscription to that publica-tion, nor will they receive a complimentary listing in the

Law Guide, which had been planned as a special publication of the Las Vegas Business Press. We thank the Las Vegas Business Press for the benefits they pro-vided our members over the years, and wish all associated with the publication the very best. This item was originally published June 12, 2017 at www.clark-countybar.org.

BAR SERVICES

Areas of Practice ListingsCCBA members who are also active members of the State Bar of Nevada have the opportunity to have their practice areas listed in the CCBA Member Directory online at https://www. clarkcountybar.org/members/directory.

Contact: Steph, (702) 387- [email protected].

http://www.clarkcountybar.org

http://www.clarkcountybar.org


Even

t Reg

istra

tion

Form

Clark County Bar AssociationSubstance Abuse CLELUNCHEON

All reservations to CCBA events must be pre-paid. Each person who arrives without a prior reservation will not be guaranteed a seat, a meal, or entry to the event. If space becomes available to accommodate the unex-pected person, then there will be an additional fee of $15 in addition to the listed price to attend. To receive a full refund for cancellations, a written request must be made to CCBA 72 hours prior to the luncheon.

RE: CCBA Luncheon - 8/17/2017Names of person(s) attending:Name: NV Bar #: Name: NV Bar #: Phone #: E-mail: Firm/Co. Billing Address: City, State, & Zip Code:

Submit registration & payment to the Clark County Bar Association by Friday, August 11, 2017 to: Mail: Clark County Bar Association, P.O. Box 657, Las Vegas, NV 89125; Fax: 702-387-7867; Phone: 702-387-6011; orOnline at ClarkCountyBar.org

Total Amount: $ Type of Payment Enclosed:

� Check or money order is enclosed � I will call CCBA with my credit card information � I authorize the CCBA to charge my credit card (circle one):

Mastercard VISA AMEX

Name of card holder:

Credit Card #:

Expiration date: Phone #:

Authorized Signature: DO NOT E-MAIL CREDIT CARD DETAILS.

Price (per person): ☐ $40 per CCBA Member ☐ $45 per Non-Member

Feaured Speaker & Topic:Kelly M. Campbell, LCSWHuman Behavior Institute/ Private Practice/Kelly Campbell, LLC

Members of the Nevada bar and bench are invited to at-tend this event to network with colleagues and to learn from licensed social worker Kelly M. Campbell who plans to address members of Nevada’s legal community about the prevalence, consequences, prevention and treatment of substance abuse among attorneys. This event is designed to provide 1 AAMH credit of continuing legal education for Nevada lawyers.

Event Registration Form:

A division of Western Alliance Bank. Member FDIC.

Entrée choice (one per person): �Seared Free-Range Chicken �Baked Salmon w/ Basil Potato Puree

Thursday August 17, 2017Cili Restaurant at Bali Hai Golf Course 5160 Las Vegas Boulevard S. Las VegasCheck-in & Networking: 11:30 a.m. Luncheon & CLE Program: Noon to 1:30 p.m.RSVP w/payment & choice of entreé to CCBA by Friday, August 11, 2017.

Bonus: Price of luncheon includes FREE 1 AAMH CLE credit!


Bar members often volunteer to help with an activity for the Clark County Bar Association.

Whether producing a community serviced activity, social event, or CLE seminar, active CCBA members pro-vide opportunities for other mem-bers to develop professionally. Special thanks to our active volunteers, cor-porate sponsors, and community part-ners for their continued support.

Bar ActivitiesCCBA’s Community Service Com-

mittee invited members to join Team CCBA on April 22, 2017, to ride in Tour de Summerlin, a non-competitive bike ride to benefit the Crohn’s & Coli-tis Foundation. Bravo to Bruce Gale, Mark Blackman, and others who rode in the event! Special thanks to Mark Blackman from Alpert, Barr & Grant for his efforts to rally riders to join Team CCBA.

CCBA’s Community Service Com-mittee invited members to join Team CCBA on May 22, 2017 to help pro-duce and grocery packing for individ-uals who receive meal assistance and mobile pantries from Three Square Food Pantry. Special thanks to Paul Lal from Boies Schiller & Flexner LLP for leading the volunteers. Learn more

about this activity from Paul’s article on page 15

On June 1, 2017, CCBA’s Social Committee hosted an open house event at the CCBA’s office. The Sum-mer Kick-Off BBQ offered food, drink, and dessert compliments of our gener-ous sponsors Aldrich Law Firm, Ltd.; Elana & Ben Graham; Martin-dale-Nolo Legal Marketing Network, Rich, Wightman & Company, CPAs, LLC; Roberts Stoffel Family Law Group; Wright Stanish & Winckler. Kudos to Jason Stoffel for arranging for the food from Sin City Smokers, and Mariteresa Rivera-Rogers for donating several bottles of wine, and CCBA President Tami Cowden for donating frozen treats for dessert.

On Friday, June 16, 2017, CCBA’s

CLE Committee hosted “Auto Acci-dent Biomechanics,” a CLE seminar in the mock trial courtroom at Depo International that featured Tom Win-ner from Atkin Winner & Sherrod and mechanical engineer Brian K. Jones. Special thanks to Lara L. Miller for producing this seminar.

On June 22, 2017, CCBA Presi-dent Tami Cowden welcomed over 50 people at Morton’s The Steakhouse for the Clark County Bar Luncheon with featured speaker Bank of Nevada CEO John Guedry. CCBA members enjoyed a delish meal at a discounted price due to the generosity of our sponsors Bank of Nevada and Media Marketplace.

On June 23, 2017, CCBA’s So-cial Committee hosted CCBA Base-ball Night and offered discounted tickets to the Las Vegas 51s baseball game due to the generous sponsor-ship by Aldrich Law Firm, Ltd.; Rich, Wightman & Company, CPAs, LLC; and Roberts Stoffel Family Law Group.

Clark County Bar Event HighlightsBy Steph Abbott

Auto Accident Biomechanics CLE Seminar (left-right): CCBA Past President (‘10) A. Wayne Carter with special guest speakers Tom Winner and Brian K. Jones.

Summer BBQ: CCBA President-Elect John Aldrich and Brent Larsen.

Summer BBQ: Communiqué Editor-in-Chief Heather Anderson-Fintak and CCBA Past President (‘15) Damon Dias.

Summer BBQ: CCBA Past President (‘16) Cathy Mazzeo, Joel Jarvis, and CCBA Past President (‘13) Kari Stephens.


We need you!CCBA members are needed to

donate their time and resources to improve our non-profit member orga-nization. Mark your calendars for up-coming events (see pages 13, 14, 16 and 19). Reach out to one of CCBA Com-mittee Chairs to see how you can make a difference. See page 18 for “CCBA Needs You!” for more information.

Steph Abbott is on staff at the Clark County Bar Association. She provides support to the CCBA Publications and Community Ser-vice Committees. Contact Steph at [email protected] or (702) 387-6011.

Summer BBQ: Charles Damus and John Wanderer.

Summer BBQ (left-right): CCBA Secretary-Treasurer Jason Stoffel, CCBA President Tami Cowden, Eighth Judicial District Court Judge Rob Bare, and Senior Judge Valorie Vega.

Summer BBQ (left-right): Cheryl Godfrey, Bank of Nevada Vice President, Loan Officer Jeffrey Miracle; Stephen Fey; CCBA President Tami Cowden; and Melinda Vereen.

Summer BBQ: Kimberly Delano and Alexis Brown.

Summer BBQ: Mace Yampolsky and Tom Davis.

Summer BBQ: Amanda Stevens, Stu Rich, Patrick Montejano, Julie Olejnik Brown

June Bar Luncheon (left-right): Nicole Bullis and Tiffany Felton with CCBA President Tami Cowden, Bank of Nevada CEO John Guedry and Jaclyn Guedry.


5th Annual Justice Miriam Shearing

Award Gala

Join us to honor Shelley Berkley for her contributions to the advancement of women in the Nevada legal community.

Save the DateFriday, September 15, 2017

5:00 to 8:00 p.m.Regional Justice Center

Individual tickets for this event are $55.00. Ticket packages are available. All proceeds from the Gala

go to the SNAWA Foundation Scholarship Fund.

Buy tickets and learn more at http://www.snawa.org/Gala/

Southern Nevada Association of Women Attorneys Foundation

Contact: Stacy Rocheleau, [email protected].

SPECIAL EVENT

Attorney Memorial Service

Join us to honor and remember members of the Nevada Bar who have

passed on during the past year.

Save the DateFriday, September 15, 2017

3:00 p.m. Reception to immediately follow.

Lloyd D. George U.S. Courthouse, Courtroom 6BThere is no fee to attend this event. This annual service is a project of the Clark County Law Foundation in con-

junction with the Clark County Bar Association, State Bar of Nevada, Eighth Judicial District Court, U.S. District

Court and Federal Bar Association-Las Vegas Chapter.

Contact: Patrick Montejano, (702) 333-8277 or [email protected].

13August 2017 – COMMUNIQUÉ – Clark County Bar Association 13

Cal

l for

Vol

unte

ers

Downtown Cultural

Series

Volunteers Needed

LET’S MAKE ADIFFERENCE

EVENTS ARE FREE & OPEN TO THE PUBLIC Enjoy entertainment & light refreshments while supplies last!

Jury Assembly RoomLloyd D. George U.S. Courthouse

11:50 a.m. to 1 p.m.

Dates:• Friday, September 15, 2017

• Friday, October 20, 2017• Friday, November 17, 2017• Friday, December 15, 2017

• Friday, January 19, 2018• Friday, February 16, 2018

• Friday, March 16, 2018• Friday, April 20, 2018

Volunteers Needed: CCBA members (attorneys only) will be scheduled to speak (11:50 to 11:55 a.m.) to the audience before the artists take the stage (12 to 1p.m.).To volunteer to speak, contact Steph Abbott at (702) 387-6011, [email protected].

About:The Downtown Cultural Series is produced by the City of Las Vegas’ Office of Cultur-al Affairs with cooperation by the Lloyd D. George U.S. Courthouse. The Clark County Bar Association provides a speaker to ad-dress the audience before the performance begins.


Call for Volunteers

An opportunity for CCBA members to help with Three Square’s BackPack for Kids Program to provide kids with ready-to-eat meals during the weekend.

BackPack for Kids Program at Three Square Food Bank

Tuesday, October 10, 2017 5:30 p.m. to 7:30 p.m.

Three Square Food Bank 4190 N. Pecos Road Las Vegas, Nevada, 89115

Volunteers will pack kid-friendly foods into bags that will be delivered to the kids at the end of the school day on Fridays. There are several activities occurring during the BackPack session which include stuffing bags with food, replenishing stock, tying the bags and placing them into the school bins. Minimum age: 10 yrs old w/adult.

VOLUNTEERSNEEDED Join Team CCBAto help local kids Give back, fill a pack!

Volunteer Sign Up Form:

Name:Bar #: Phone #: E-mail:Firm/Co.Address:City, State, & Zip Code:

Yes, I will plan to volunteer with Team CCBA. # of people (including myself) I plan to bring to this event.

My Contact Info:

Contact:Want to join us? Want to bring friends and family? RSVP # of volunteers to Paul Lal, partner

at Boies Schiller Flexner LLP, [email protected] or Steph Abbott at (702) 387-6011, [email protected].



On Saturday, May 20, 2017, and as a community service out-reach of the Clark County Bar

Association (CCBA), 21 members and friends of CCBA donated their time and energy by volunteering at Three Square. Three Square is southern Ne-vada’s only food bank, whose mission is to provide wholesome food to hun-gry people, while passionately pursu-ing a hungry-free community. Three Square networks with approximately 1,300 community partners, including non-profit and faith-based organiza-tions, schools, and after school and feeding sites in southern Nevada to reach struggling individuals and fami-lies who are at risk of hunger. Accord-ing to Three Square, in 2016 it distrib-uted more than 40 million pounds of food (the equivalent of more than 33 million meals) through its community partners.

The event was organized by CCBA’s Community Service Commit-tee and CCBA staff. In just under two hours, a group of CCBA volunteers packed 4,800 pounds of non-perish-able food items into “family food box-es” for distribution during the follow-

Volunteering to Help a Local Food PantryBy Paul Lal, Esq.

ing week to underprivileged families in our community. In addition, during that time, another group of CCBA vol-unteers served in cleaning and sanitiz-ing food bins capable of holding and transporting 9,700 prepared meals for school lunch programs at area schools. Our designated Three Square repre-sentative praised our volunteers and expressed that no other previous group of volunteers had cleaned and sani-tized as many food bins in two hours than CCBA’s participants.

CCBA volunteers in attendance were: Phyllis Arakaki, Brian Blay-lock, Annie Blaylock, Devin Blaylock, Debra Burgos, Alex Corral, Holly Ca-sino, Jill Chase, Nolan Chase, Cher-yl Godfrey, Janet Merrill, Courtney Myers, Paul Lal, Georgeann Ray, Paul Ray, Mariteresa Rivera-Rogers, Jen-nifer Roberts, Deanne Rymarowicz, Melinda Vereen, Anita Webster, and Donna Wiessner.

Each of the CCBA volunteers I spoke with related they thoroughly enjoyed the experience and expressed interest in returning to assist Three Square in the future. CCBA member, Janet Merrill, expressed “Kudos to Three Square for its efficient, motiva-tional use of volunteers; this was my first experience at Three Square and it was rewarding and enjoyable.” I am sure I can speak for all of the CCBA participants that volunteering at Three Square was a very gratifying experi-ence which served to positively impact the lives of individuals and families in our community in a tangible and meaningful way.

The CCBA Community Service Committee is in the process of plan-ning another event with Three Square, which we plan to hold this fall. See page 14. Future announcements will be forthcoming. We would love to see even more CCBA members and friends participate at the next CCBA spon-sored Three Square event.

Paul Lal is a partner at Boies Schiller Flexner LLP. Paul concentrates his practice on commercial transactions and business advisory work. Paul also volunteers with the CCBA's Community Service Committee.


Call for Donations

PLEASE SEND US YOUR SUPPORTTODAY

Make checks payable to Clark County Law Foundation (CCLF), a 501(c)(3) non-profit organization. All donations made may be tax-deductible. Federal Tax ID #88-0320324. Please check with your tax advisor for further information.

Mail check to: Clark County Law Foundation, 725 S. 8th Street, Las Vegas, NV, 89101. Phone: (702) 333-8277. Donations can be made online too. See PayPal link at: http://www.clarkcountylawfoundation.org/.

Note to benefit: “Blanket the Homeless.” Do not send credit card info via e-mail.

Donation Form for Blanket the Homeless:

Name of card holder:Credit Card #:Expiration date: Phone #:Authorized Signature:

Type of Payment Enclosed: � Check or money order is enclosed � I will call the CCLF with my credit card information � I authorize the CCLF to charge my credit card (circle one):


Total Amount $

A project of the Clark County Bar Association and the Clark County Law Foundation

Blanket the HomelessPresent

Name:Bar #: Phone #: E-mail:Firm/Co.Billing Address:City, State, & Zip Code:

A $75 donation buys 10 blankets. Please accept my donation for $ .My Contact Info:


Share the spirit of the Holidays!

• What: An annual event to benefit homeless people in our community• When: Saturday, December 16, 2017• Who: Members of the legal community• Where: Distribution to local charities that serve homeless people

Help to Blanket the Homelesswhen they need it most!


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Guardianship Practice: Significant Changes & Updates

CLE Credits:1.5 General CLE Credits

available for Nevada lawyers

Date & Time:Wednesday,

September 20, 20171:00-2:30 p.m.

Location:Clark County Bar717 S. 8th Street

Las Vegas, NV 89101

Dara GoldsmithGoldsmith & Guymon, PCDara Goldsmith practices law related to elder law, probate, guard-ianship matters, estate planning & administration, trust litigation, taxation, business planning, and liquor licensing.

Featured Speakers:



All reservations to CCBA events must be pre-paid. To guarantee seating, all reservations MUST be received at least 72 hours prior to the seminar. To receive a full refund for cancellations, a written request must be made to CCBA 72 hours prior to the seminar. Without prior reg-istration, event walk-ins will be charged an extra $15 over the individual price.

RE: Guardianship CLE - 9/20/2017

Fee: �$35/CCBA Member – Attorney, Judge, or Merchant �$20/CCBA Member – Legal Admin., Legal Assist., or UNLV Law Student �$50/Non-Member – Attorney, Judge, or Merchant �$25/Non-Member – Legal Admin., Legal Assist., or UNLV Law Student

NOTE: Do not send credit card details to CCBA via e-mail.


Type of Payment: � I want to pay using my 2017 CCBA CLE Passport � I want to purchase a 2017 CCBA CLE Passport ($200) and to use it to pay for this seminar



Send registration & payment to Clark County Bar AssociationOffice: 717 S. 8th Street, Las Vegas, NV 89101Mailing: P.O. Box 657, Las Vegas, NV 89125Phone: 702-387-6011. Fax: 702-387-7867. Web: ClarkCountyBar.org

Total Amount: $

Elizabeth BrickfieldDickinson Wright PLLCElizabeth Brickfield practices law relat-ed to, probate, guardianship matters, estate planning & administration, trust litigation, and taxation.


Please join us at a continuing legal education program produced by Clark County Bar Association CLE Committee Chair Rob Telles


BAR SERVICES

Portrait Services

Date: October 25, 2017

9 a.m. to 2 p.m.Clark County Bar

717 S. 8th Street, Las Vegas, NV

Special Offer for CCBA Members:

Get 1 Digital Image for $79or 2 Digital Images for $99.

About:Portraits are for CCBA to publish in the CCBA Members Directory at https://www.clark-countybar.org/members/directory and in the bar journal Communiqué, as needed. Mem-bers can purchase their portrait(s) directly from the photographer with special pricing*.

*Special pricing will be made available from the photographer at Portraits to You for the individual to purchase his/her portrait(s) but

only on the day of the portrait session.

NO SITTING FEES

Portraits for publishing

online in the

CCBA Members Directory

DRESS FOR SUCCESS

CCBA Needs You!Join CCBA in its efforts to enrich the lives and careers of our members and our community. Attend a meeting or contact a committee chair to find out how you can get involved.

o Community Service Committee – We lawyers have big hearts, and this committee helps us organize our efforts to do good in the world. • Chairs: Jennifer Roberts & Paul Ray • Meetings: Monthly on 1st Friday at Noon • Contact: Steph Abbott, 702-387-6011, [email protected]

o Continuing Legal Education Committee – Thanks to the efforts to the members of this committee, CCBA puts on many affordable CLE programs for our members. Help our members share their expertise.• Chair: Rob Telles• Meetings: Monthly on 2nd Friday at Noon• Contact: Donna Wiessner, 702-387-6011, [email protected]

o New Lawyers Committee (for members who have been admitted to the Nevada Bar in the last five years) - Whether you are new to the practice of law in general, or just new to the practice of law in Nevada, this Committee is the one for you. It plans networking events, as well as opportunities for recent admittees to learn the ins and outs of practice in Nevada. • Chair: James T. Leavitt• Meetings: Monthly on 2nd Thursday at 12:30 p.m.• Contact: Donna Wiessner, 702-387-6011, [email protected]

o Publications Committee - This committee produces Communiqué, the official publication of the Clark County Bar Association. Members determine issue themes, solicit articles, and edit the magazine. • Chair: Heather Anderson-Fintak• Meetings: Monthly on 1st Tuesday at Noon• Contact: Steph Abbott, 702-387-6011, [email protected]

o Social Events Committee – This brand new committee is wide open to ideas and opinions on how best to facilitate opportunities for members to meet and socialize. We hope to plan events to appeal to members at all stag-es of their careers. • Chair: Jason Stoffel • Meetings: [TBA]• Contact: Donna Wiessner, 702-387-6011, [email protected]

Yes – I want to help! Please send me information on the Committees checked below:

☐ Community Service Committee

☐ Continuing Legal Ed Committee

☐ Publications Committee

☐ New Lawyers Committee

☐ Social Events Committee

Name:

E-mail:

Phone:

Submit your completed form to the Clark County Bar Association, 717 S. 8th Street, Las Vegas, Nevada, 89101, via fax to (702) 387-7867, or via e-mail to [email protected].

Join a committee today:

mailto:[email protected]





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Providing Procedures for Child Testimony & Uniform Child Witness Testimony

(NRCP 16.215 & NRS 50.500)

CLE Credits:1.0 General CLE Credits

available for Nevada lawyers

Date & Time:Friday,

September 22, 201712:00-1:00 p.m.

Location:Depo International

Mock Trial Courtroom703 S. 8th Street

Las Vegas, NV 89101

Featuring



All reservations to CCBA events must be pre-paid. To guarantee seating, all reservations MUST be received at least 72 hours prior to the seminar. To receive a full refund for cancellations, a written request must be made to CCBA 72 hours prior to the seminar. Without prior reg-istration, event walk-ins will be charged an extra $15 over the individual price.

RE: Child Testimony Procedures CLE - 9/22/2017

Fee: �$30/CCBA Member – Attorney, Judge, or Merchant �$15/CCBA Member – Legal Admin., Legal Assist., or UNLV Law Student �$45/Non-Member – Attorney, Judge, or Merchant �$25/Non-Member – Legal Admin., Legal Assist., or UNLV Law Student

NOTE: Do not send credit card details to CCBA via e-mail.


Type of Payment: � I want to pay using my 2017 CCBA CLE Passport � I want to purchase a 2017 CCBA CLE Passport ($200) and to use it to pay for this seminar



Send registration & payment to Clark County Bar Association:Office: 717 S. 8th Street, Las Vegas, NV 89101Mailing: P.O. Box 657, Las Vegas, NV 89125Phone: 702-387-6011. Fax: 702-387-7867. Web: ClarkCountyBar.org

Total Amount: $


Please join us at this continuing legal education program

Judge Charles Hoskin

8th Judicial District Court - Family Division, Dept. E

Judge Bryce Duckworth

8th Judicial District Court - Family Division, Dept. Q

LunchtimeLearning Bring your own lunchWe’ll provide a water or soda!


Member Moves

Paul Connaghan changed the name of his firm to Connaghan Law. His contact information remains the same at 7854 W. Sahara Avenue, Las Vegas, Nevada, 89117. Phone: (702) 608-4232. Web: www.connaghanlaw.com.

Kelly A. Evans and Chad R. Fears recently founded Evans Fears & Schut-tert LLP, 2300 West Sahara Avenue, Suite 900, Las Vegas, Nevada, 89102-4397. Phone: (702) 805-0290. Web: www.efstriallaw.com.

Crystal J. Herrera can now be reached in the Office of the General Counsel at Clark County School Dis-trict, 5100 W. Sahara Avenue, Las Ve-gas, Nevada, 89146. Phone: (702) 799-5373.

Jennifer Hostetler has returned to Lewis Roca Rothgerber Christie LLP, 3993 Howard Hughes Parkway, Suite 600, Las Vegas, Nevada 89169. Phone: (702) 474-2624.

Bridget A. Kelly can be reached at 7395 S. Pecos Road, Suite 103, Las Ve-gas, Nevada, 89120. Phone: (702) 307-4871.

Douglas R. Malan has joined Kaempfer Crowell, 1980 Festival Plaza Drive, Suite 650, Las Vegas, Nevada, 89135. Phone: (702) 792-7000.

Tara Newberry changed the name of her firm to Clark Newberry Law Firm. Her contact information re-mains the same at 7854 W. Sahara Av-enue, Las Vegas, Nevada, 89117. Phone: (702) 608-4232.

Colleen McCarty can now be reached at Morris Polich & Purdy LLP, Nevada, 3800 Howard Hughes Park-way, Suite 500, Las Vegas, Nevada, 89169. Phone: (702) 862-8300.

Jordan P. Schnitzer of TheSchnit-zerLawFirm.com has relocated to 9205 West Russell Road, Suite 240, Las Ve-gas, Nevada 89148. Phone: (702) 960-4050.

Complimentary listings in the “New Members” and “Member Moves” departments are restricted to updates to contact information or membership status.

Aldrich Law Firm, Ltd.is pleased to announce

We are accepting referrals for Business and

Commercial litigation, Construction litigation,

Personal injury, Contract litigation

and Appellate law matters.

ALDRICH LAW FIRM, LTD.1601 S. Rainbow Blvd., Suite 160Las Vegas, Nevada 89146Tel (702) 853-5490 www.johnaldrichlawfirm.com

Want to promote your practice

in COMMUNIQUÉ?Place a display ad.

DISCOUNTS & COMPLIMENTARY AD DESIGN ARE AVAILABLE FOR CCBA MEMBERS!

Contact: Steph Abbott at (702) 387-6011 or [email protected].

BAR SERVICES

21August 2017 – COMMUNIQUÉ – Clark County Bar Associationbankofnevada.com | 702.248.4200 Bank of Nevada, a division ofWestern Alliance Bank. Member FDIC.

YOUR TIMEMATTERS.That’s why we deliver a world of resources through a real relationship focused on you and your business.

We are relationship-focused and highly responsive, bringing you deep local roots, expert bankers, access to decision makers, flexible solutions and a real commitment to superior service. All part of Western Alliance Bancorporation, one of the country’s top-performing banking companies, which ranks #4 on the Forbes 2017 “Best Banks in America” list.

MEET YOUR LOCAL BANKING EXPERT:

Jeff Miracle Loan OfficerDirect Line: [email protected]


Bruce Alverson, senior and managing partner, at Alverson, Taylor, Mortensen & Sanders in Las Vegas, Nevada, recently was elevated by the American Board of Trial Advocates (ABOTA) to its highest rank of Diplomate based upon the number and nature of his civil jury trials. ABOTA is one of the country’s most distinguished trial lawyer associations. Membership is by invitation only and is based upon actual jury trial experience. Nationally, ABOTA has a total of 7,500 members and only 211 have been elevated to the rank of Diplomate.

AlversonTaylor.com(702) 384-7000

Bailey Kennedy, LLP is pleased to announce that Joshua P. Gilmore became a Partner at the firm effective January 1, 2017.

Mr. Gilmore practices in the areas of complex commercial litigation and professional responsibility and legal ethics.

WWW.BAILEYKENNEDY.COM

702.562.8820

[email protected]

Charles Adjovu, a student mem-ber from UNLV William S. Boyd School of Law.

Daniel Allen, a new attorney member from The Law Office of Dan-iel C. Allen, LLC, 8430 W. Lake Mead Boulevard, Suite 100, Las Vegas, Neva-da, 89128. Phone: (702) 576-9885.

Joshua Ang, a new attorney mem-ber from Paul Padda Law PLLC, 4240 W. Flamingo Road, Las Vegas, Nevada, 89103. Phone: (702) 366-1888.

Kathrine Belneev, a new attor-ney member and graduate of West-ern Michigan University Cooley Law School. Phone: (702) 573-1388.

Anaeita Biesiada, a new attorney member from Andersen Law Firm, Ltd., 101 S. Convention Center Drive, Las Vegas, Nevada, 89109. Phone: (702) 522-1992.

Daven Cameron, a new attorney member from 8th Judicial District Court, 200 E. Lewis Avenue, Depart-ment 27, Las Vegas, Nevada, 89155. Phone: (702) 671-0884.

Clifton Clark, a new attorney member from Bertoldo Baker Carter & Smith, 7408 W. Sahara Avenue, Las Vegas, Nevada, 89117. Phone: (702) 228-2600.

Members continued on page 18

Alex Corral, a merchant member, P O Box 92195, Henderson, Nevada, 89015. Phone: (702) 330-4540.

Lindsay Cullen, an attorney mem-ber from Bertoldo Baker Carter & Smith, 7408 W. Sahara Avenue, Las Vegas, Nevada, 89117. Phone: (702) 228-2600.

Tiffany Doctors, a new attorney member from Welt Law, 732 S. 6th Street, Suite 200-D, Las Vegas, Nevada, 89101. Phone: (702) 382-2030.

Alicia Exley, a new attorney mem-ber from Pecos Law Group, 8925 S. Pe-cos Road, Suite 14A, Henderson, Neva-da, 89074. Phone: (702) 388-1851.

Calder Gabroy, a new attorney member from Malcolm P. LaVergne & Associates, 400 N. 4th Street, Suite 500, Las Vegas, Nevada, 89101. Phone: (702) 448-7981.

New Members


www.nevadafirm.com

Tel: 702.791.0308 | Fax: 702.791.1912 400 S. 4th Street, Suite 300

Las Vegas NV 89101

Tel: 775.851.8700 | Fax: 775.851.7681800 S. Meadows Parkway, Suite 800Reno NV 89521

is pleased to announce that

KRISTOL BRADLEY GINAPP has joined the firm as a shareholder.

Kristol focuses her practice on labor and employment law, exclusively representing employers.

Kristol has been practicing in the Las Vegas market for 14 years.

Bridget Kelly, a new attorney member from Nutile Law, 7395 S. Pe-cos Road, Suite 103, Las Vegas, Nevada, 89120. Phone: (702) 307-4871.

Jan Seaman Kelly, a merchant member from Forensic Dynamics, 9360 W. Flamingo Road, Las Vegas, Nevada, 89147. Phone: (702) 628-0529.

Antonia Killebrew, an attorney member from Gillock & Killebrew, PC, 428 S. Fourth Street, Las Vegas, Neva-da, 89101. Phone: (702) 385-1482.

Nathan Lafontaine, a new attor-ney member and graduate of Univer-sity of California Irvine. Phone: (714) 227-9875.

Nathan Lawrence, a student member from UNLV William S. Boyd School of Law. (618) 751-0616.

Zak Martinez, a student member from Texas A&M University School of Law. Phone: (720) 295-5098.

J. Christopher Molina, a new at-torney member from McDonald Ca-rano LLP, 2300 West Sahara Avenue, Suite 1200, Las Vegas, Nevada, 89102. Phone: (702) 873-1400.

Liberty Ringor, a new attorney member from Drummond Law Firm, 810 S Casino Center Boulevard, Suite 101, Las Vegas, Nevada, 89101. Phone: (702) 399-9966.

Jordan Schnitzer, an attorney member from The Schnitzer Law Firm, A Professional Limited Liability Com-pany, 9205 West Russel Road, Suite 240, Las Vegas, Nevada, 89148. Phone: (702) 960-4050.

Amy Smith, a student member from Florida Coastal School of Law and intern at the Office of the Nevada Attorney General.

Michael Smith, a senior attorney member from Law Office of Michael E. Smith, Esq., P.C., 1212 S. Casino Center Boulevard, Las Vegas, Nevada, 89104. Phone: (702) 217-2569.

Alexis Wendl, a student member from UNLV William S. Boyd School of Law.

Are you planning to move? Or have you moved recently? Or have you up-dated your contact information? Let us know. Complete the Member Infor-mation Update Form (see page 45) and send it in to CCBA.


Court Changes

EJDC Transfers Civil Commitment Cases to Chief Judge Effective July 1, 2017

On June 30, 2017, Eighth Judicial District Court Judge Elizabeth Gon-zalez filed an administrative order to transfer all existing and future civil commitment cases to the Chief Judge of the Eighth Judicial District Court ef-fective July 1, 2017. To learn more, read Administrative Order 17-06.

Federal CJA Panel Applications Due September 22, 2017

The Clerk of the Court for the Unit-ed States District Court for the District

of Nevada will be accepting applica-tions for appointments of new Feder-al Criminal Justice Act (CJA) Panel attorneys (appointment of counsel for indigent defendants) for the Unoffi-cial Southern Division of the District of Nevada for both trial and appellate/habeas positions. Attorneys interest-ed in appointment to the CJA panel must submit an application to Debra Kempi, Clerk of Court, by September 22, 2017. Attorneys applying for the Appeal panel must also submit a writ-ing sample. Applications are available on the Court’s website at www.nvd.uscourts.gov or at the Intake counter of the Clerk’s Office in Las Vegas. Ap-plications may be submitted via elec-tronic mail to [email protected]. Appointments for the new panel will be effective November 1, 2017.

Applicants must be members in good standing of the bar of the Fed-eral Court and have demonstrated experience in, and knowledge of, the Federal Rules of Criminal Procedure, the Federal Rules of Evidence, and the Federal Sentencing Guidelines. Attor-neys on the CJA Panel also must have demonstrated an interest in providing criminal defense services and a repu-tation for competent and vigorous rep-resentation. Members of the panel are required to participate in six (6) hours of training in federal criminal practice, with at least three (3) of the six (6) hours on the Federal Sentencing Guidelines, per year which shall be provided by the

Federal Public Defender’s Office or an-other court-approved provider of Con-tinuing Legal Education.

Las Vegas Justice Court Updates Use of Motions, Setting Slip Form

On May 30, 2017, Las Vegas Justice Court Presiding Criminal Judge Diana Sullivan released a letter to members of the bar and legal community regarding the use of motions filed at Las Vegas Justice Court and included the “Set-ting Slip” form sample for practitioners to use. See excerpt from Judge Sulli-van’s letter published on the page at right.

BAR SERVICES

Clark County Bar NewsCCBA publishes news in a period-ic e-mail. Clark County Bar News is designed to load quickly for users to scroll through and note key dates with ease. This service may include updates regarding about bar activities, services, and notices from the local, state, and federal courts.

Subscribe to our free, e-mail service! Sign up online at http://eepurl.com/lUDcz.


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Criminal Justice Partners: As mentioned in our last Criminal Bench/Bar meeting in April and also in May's Communiqué article, as of June 1, 2017 the Las Vegas Justice Court will no longer accept motions entitled “Motion to Place on Calendar” or “Notice to Place on Calendar.” All motions filed with LVJC must contain in the title of the motion the relief sought from the Court. Examples of appropriate motions are: Motion to Quash Bench Warrant; Motion to Withdraw; Motion to Continue Trial (or Preliminary Hearing); etc. As of June 1st if a party presents a document for filing entitled "Mo-tion to Place on Calendar" or “Notice to Place on Calendar,” the staff will return it to the presenter unfiled.Additionally, in order to streamline placing matters on calendar that are regularly unopposed or that need no ju-dicial decision at all, the LVJC is also implementing the use of a Setting Slip as of June 1st. The form Setting Slip is attached and may be used by any party to place a matter on calendar for any of the six (6) reasons outlined therein. Thus, if a party wants to place a matter on calendar for one of the 6 reasons outlined in the attached Setting Slip, they may file a Setting Slip in lieu of a formal motion. The party must complete all of the information in the Setting Slip before filing it, with the exception of the Hearing Date/Time -that will be scheduled when the Setting Slip is filed. The form Setting Slip can be found in the Odyssey case management system, and will also be available for users on the LVJC website under the "Forms" tab. If the reason to place a matter on calendar is not one of the 6 reasons enumerated in the Setting Slip, a motion must be filed that must generally articulate in its title the relief sought from the Court. Thank you for your patience and anticipated cooperation as we make this modification to our processes. There may be further modifications to this procedure at a later time if we deem necessary. If I can answer any questions, please do not hesitate to contact me at (702) 671-0842.

See page 27 for a template of the “Setting Slip” form.

http://www.lasvegasjusticecourt.us/




By Heather Anderson-Fintak, Esq.

“The ability to serve multiple fil-ings in a single “envelope” is a nice feature, and I am getting

used to the new format and look of the platform. The thing I miss the most is the ability to view and download previ-ously-filed documents. I routinely used Wiznet’s document access function. Please bring back a way to download documents through the docket (rather than just through an e-service email)!” —Lindsay C. Demaree, Ballard Spahr LLP

“I think many agree that the Clark County e-filing system does not measure up to similar e-filing

systems in Washoe County, the feder-al district court, the bankruptcy court, the Ninth Circuit, and the Nevada Su-preme Court. The two problems plagu-ing the Clark County system are exces-sive cost and not so easy access to filed papers.

Why can’t Clark County have a good e-filing system? This question

is difficult to answer. But if we look at Washoe County’s system, you can make a reasonable assumption that blame for the inadequate e-filing sys-tem can be attributed to Clark County District Court and those involved in the e-filing contract.”

—David Olshan, Nevada Legal Services

“My office staff productivity has been cut short by this new sys-tem, it is incredibly inefficient. A

document that would previously take a matter of minutes to file has now is doubled in process time. The old fil-ing system was not perfect, however far superior in its operating capacity. My billing department has complained that the excel spreadsheet reports are a jumbled mess and confusing, and it has now been discovered that they are not even charging properly. The platform is not user friendly and has caused nothing more than frustration. The constant click and wait to process from one step to the next is also not cost effective.

The filing queue through Wiznet was far superior. Adding and remov-ing people for service of documents has not been a smooth transition and continues to be marginal at best, I have heard further complaints regarding this from other members of the bar. Even when parties have been added to receive courtesy copies of a filing they still have not received them. I have had staff enter their information with only one out of three staff members actually

Sidebar: What do you think of the new Clark County District Court e-filing system?

In an effort to continue the march to-wards more efficient electronic fil-ing systems, the Eight Judicial Dis-

trict Court discontinued the e-filing system, “Wiznet,” and moved to “File and Serve” in May. I asked several at-torneys to share their thoughts.

What do you think of the new Clark County District Court e-filing system?

Lindsay Demaree

David Olshan

Mandy McKellar

Heather Anderson-Fintak is the 2017-2019 Editor-in-Chief of the Communiqué. She is also the Associate General Counsel for the Southern Nevada Health District and has been protecting pub-lic health since 2012. Previously, Heather spent 10 years advocating for low income individuals as a legal services attorney in Maryland and Nevada.

29August 2017 – COMMUNIQUÉ – Clark County Bar Association 29

receiving the courtesy copies. I believe that this system was not made with law firms and their processes in mind. Ac-cessing a summary of the Register of Actions is imperative in my practice. I used the register of actions frequently for a quick locate or even quickly up-date the overall history of a case, and this summary no longer exists.”

—Mandy McKellar, McKellar Fam-ily Law

“I like the E File and Serve system. Tyler Technologies is the web host, but the court is now the manager

of the site. So it is best to direct ques-tions to the clerk’s office. The clerk’s information technology department told me how to register for the por-tal to be able to download documents from various cases. That takes a day or two to get approval of the application, but the service is good.” —Paul C. Ray, Paul C. Ray CHTD.

“The Holland & Hart LLP staff members who regularly make electronic court filings appreciat-

ed the advance notice of the new filing system, the training sessions and mate-rials. They report that the new system is more complicated and takes longer, but that may be a function of learning the new interface. They like the Enve-lope Feature, which enables the filer to bundle multiple filings (all must be same case number) into one envelope for just one flat-fee.” —Joseph Went, Holland & Hart, LLP

Paul Ray Joseph WentNeed to sidebar? Submit your comment.

Topic: “What can we do about the billable hour?” Submit comments by September 1, 2017, to attorney Alia Najjar, M.D. at [email protected].

Notes: Keep your comments limited to 50-150 words. Comments are subject to edit. Not all comments may be published. Submissions from CCBA Members will be preferred.


View from the Bench of the Supreme Court of Nevada

Determining Which Appellate Cases Are to Be Retained by the Supreme Court of NevadaBy Chief Justice Michael A. Cherry

One of the responsibilities of Chief Justice is to determine which appellate cases are transferred

to the Court of Appeals and which are retained by the Supreme Court of Ne-vada. For those cases retained by the Supreme Court, the Chief Justice makes a preliminary determination of which should be decided by the en banc court and which should be decided by one of the three-justice panels. To complete this task, the Chief Justice relies on the assis-tance of the legal division of the Clerk of Court’s office.

After briefing in a case is complete, a staff attorney reads the briefs and en-ters the issues into an issue-tracking database. The database gives the court a chance to track cases with similar or over-lapping issues. Based on relevant criteria, the staff attorney also recommends whether the case should be transferred to the Court of Appeals or retained in the Supreme Court and, if retained, whether it should be assigned to the en banc or panel decisional track. The staff attorney summarizes all of this information in a screening memo, and the Chief Justice then decide who should hear the cases. Every week, I review the prepared cases on the screening memo and determine the panel or court the cases will be heard.

In the review, the staff attorney looks at the routing statement, something every appellate attorney should add to the opening or answering brief, to see where the case should presumptively be assigned. For instance, all direct appeals, post-conviction appeals, and writ petitions in death penalty cases are automatically retained in the Supreme Court. An appeal challenging venue, or challenging the grant or denial of injunctive relief, is presumptively transferred to the Court

of Appeals. All of the presumptive divi-sion of cases between the Supreme Court and the Court of Appeals is outlined in NRAP 17.

The routing statement should nev-er be left out of an opening or answer-ing brief. It allows us to more accurately screen a case and determine its proper assignment. For instance, an appellant might believe a principal issue raised in the matter requires the Supreme Court to retain the case despite its presumptive as-signment to the Court of Appeals under NRAP 17. In this case, the routing state-ment must include a clear statement of the relevant issue, citations to the record

An appeal challenging venue, or challenging the grant or denial of injunctive relief, is presumptively

transferred to the Court of Appeals.

Looking for the latest installment of “Nevada Appellate Court Summaries”

by Joe Tommasino?See page 40.


Chief Justice Michael A. Cherry has been an attor-ney in Nevada since 1970 and was elected to the Supreme Court in 2006. He ran unop-posed for a second 6-year term in November of 2012, when he served as Chief Justice for the Supreme Court of Nevada. Justice Cherry will serve as Chief Justice through 2017.

Tel: (702) 496-4985Fax: (702) 434-3650

E-mail: [email protected]

www.nadn.org/ara-shirinianOn-line Calendar Available

“Relieve yourclient’s burden.”

I settle cases.Member, National Academy of Distinguished Neutrals

Practice limited to ADR

where the issue was raised and resolved, and an explanation of the importance of the issue. Too often, the routing state-ment is missing and a case is rejected by the clerk’s office. All of the required brief disclosures and statements are outlined in NRAP 28.

A brief that does not comply with the appellate rules can be rejected by the clerk’s office. To determine if a case has been sent to screening, check the Appellate Case Manage-ment System found at caseinfo.nvsupremecourt.us.

Recent changes to the NRAP through ADKT can be found directly at http://nvcourts.gov/Supreme/Rules/Amendments/Nevada_Rules_of_Appellate_Procedure/.

http://nvcourts.gov/Supreme/Rules/Amendments/Nevada_Rules_of_Appellate_Procedure/

http://nvcourts.gov/Supreme/Rules/Amendments/Nevada_Rules_of_Appellate_Procedure/


View from the Bench of the Eighth Judicial District Court

Homicide Case Team gets underway to cut backlog – case reassignments involvedBy Chief Judge Elizabeth Gonzalez

By limiting homicide cases to four departments, it should be easier to get a clear view of schedules

and knowledge of case status, ultimately

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I recently issued Administrative Order 17-05 that rolled-out a pi-lot project on July 1 to begin to

examine the potential benefits of centralizing the management for homicide cases with the intent of improving efficiency in the man-agement and timely disposition of such cases.

Part of the impetus for the pi-lot came from the Nevada Supreme Court Commission on Criminal Proceedings overseen by Justice Michael Cherry and Justice Mi-chael Douglas. A subcommittee on life/death practice offered input from the Clark County offices of the District Attorney, Public Defender, Special Public De-fender, the Office of Indigent Counsel, and their counter-parts in Northern Nevada.

From talking to stakeholders about ways to get the mur-der case backlog cleaned up, we learned that they want to have more control of their cases. To accomplish this, we es-tablished the Homicide Case Team consisting of four dis-trict judges. Judge Doug Herndon will serve as the team case management judge, and Judges Valerie Adair, Eric Johnson, and Jennifer Togliatti will serve as homicide team members.

The intent is to improve the ability to schedule cases with viable dates for trials and implement rigid case management with the parties re-porting their progress in court. By limiting homicide cases to four departments, it should be easier to get a clear view of schedules and knowledge of case status, ultimate-ly improving the ability to set rea-sonable dates at the outset that can be met. It also facilitates the ability of judges to ensure that discovery obligations are met and investiga-tions and preparation for trial are done.

As reflected in Administrative Order 17-05, effective July 1, 2017, the Eighth Judicial Dis-trict Court will reassign cases among several departments as follows:

1. All civil cases in Departments 3, 9, 20, and 21, ex-cept for certain cases specifically designated for re-tention by the aforementioned departments, shall be randomly and equitably reassigned to judicial departments carrying civil caseloads.

2. All homicide crime cases, as defined in Administra-tive Order 17-05, except for those currently assigned to Departments 3, 9, 20 or 21 shall be reassigned to

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Chief Judge Elizabeth Gonzalez was appointed to the District Court bench in July 2004. She serves on the District Court Executive Committee, the Supreme Court Access to Justice Commission, and on both the Education Committee and Judicial Education Requirements Study Committee of the Judicial Council of Nevada. Judge Gonzalez previously served on the Nevada Judicial Council, the Jury Improvement Commission, the Ethics Commission, and as the Presid-ing Judge of the District Court Civil Division. Judge Gonzalez is a past-president of the American College of Business Court Judges and has served as a Business Court Representative to the ABA Business Law Section.

Department 3 for distribution to the Homicide Case Team.

In the interest of fiscal and environmental conservation, the list of cases affected by the upcoming reassignment is being made available to you electronically via the link la-beled 2017 Homicide Team Case Reassignments posted un-der Court News at http://www.clarkcountycourts.us/gener-al/news. Please visit the link to determine whether your case will be affected.

Current trial dates will be maintained unless resched-uled by the receiving department. Please review the posted administrative order and the Odyssey electronic case man-agement system for further specifics on the aforementioned transfers and to confirm upcoming hearing dates. In the event you are eligible pursuant to Supreme Court Rule 48.1,

you may exercise a peremptory challenge as a result of your case having been reassigned.

We are very close to achieving our aspirational goal of resolving criminal cases in 12 months. We’re at around 12.4 months now and hope this program will bring us to our goal. The court greatly appreciates your participation in accommodating this reassignment. Please do not hesitate to contact Assistant Court Administrator Timothy Andrews at 702-671-3312 should you have any questions.

• Administrative Order 17-05: http://www.clark-countycourts.us/res/news/reassignment-homi-cide-2017.pdf

• Judge Gonzalez letter to the Bar: http://www.clarkcountycourts.us/res/news/reassignment-homi-cide-2017.pdf

http://www.clarkcountycourts.us/res/news/reassignment-homicide-2017.pdf







Rule the School: Practice Tips in Representing Nevada Charter SchoolsBy Mark Gardberg, Esq.

The charter school world could use some good P.R. Across the country, regulators have

disclosed one investigation after the next, for everything from financial irregularities to grade manipulation to sexual harassment to failing aca-demic results. Comedian John Oliver recently spent 20 minutes mocking Ohio charter schools, only to end with the unfortunate re-mark: “[B]e glad [Ohio,] you have Nevada, so you are not the worst . . . .”

The reality is not so dire. Nevada charter schools are strong and growing stronger. The Silver State has many five-star ranked charters like the Oasis Academy, Nevada State High School, and two Coral Academies of Science. Nevada charters have earned one accolade after another, including “Quality School” and “Reward School” designations. Mean-while, new, topnotch operators strengthen the sector each year, such as the Legacy Traditional School opening later this month.

Nevada charter schools can, in fact, compete with any institution, private or public. If, for example, your daughter wanted to attend one of The Washington Post’s 401 “Most Challenging High Schools” in the country, her first two options would be private schools charging over $20,000 a year. Nevada’s third and sixth options—Coral Academy of Science in Reno and Las Vegas, respectively—are charter schools that will not cost her a penny.

Swiss army knifeRepresenting a charter school—

even a top-performing one—has its challenges. A charter school lawyer is less like a steak knife, and more like a Swiss army knife. You must be able to quickly and competently nav-igate multiple areas of law, switching from regulatory issues to labor laws

to transactional to litigation matters, often all in one con-versation. Below are some of the more common issues you might encounter as charter counsel, with practice tips sprin-kled in to help you drive your client’s interests forward.

Regulatory and legal complianceA charter school’s foundational document is its charter

contract with a sponsoring authority, which is usually the State Public Charter School Authority (“SPCSA”), for nor-mal and high-achieving schools, and Achievement School District (“ASD”), for underperforming schools. (See AB 448 (2015).) To obtain a charter, your client must submit a lengthy application to its sponsor, kicking off a process spanning six months to a year.

Practice Tip: Be careful when using a prior school’s ap-plication as a guidepost in preparing your own. The applica-tion process changed substantially after the 2015 Legislative Session. For current information, see the SPCSA’s and ASD’s very helpful websites at http://charterschools.nv.gov/ and http://www.doe.nv.gov/ASD/, respectively.

Representing a charter school—even a top-performing one—has its challenges.

http://charterschools.nv.gov/

http://www.doe.nv.gov/ASD/


Rule the School continued on page 36

Once your client’s school opens, the degree of difficulty only increas-es. As counsel, you must oversee compliance not just with the school’s charter, but also, for example:

• The two Charter School Acts (NRS Chap. 388A and 388B);

• Laws governing teachers, staff, and pupils (NRS Chap. 391 and 392);

• Local government public-procurement laws (NRS Chap. 332.039 et seq.);

• Open Meeting laws (governing the school’s board meetings in particular) (NRS Chap. 241);

• The Public Records Act (as to school records) (NRS Chap. 239); and

• Federal disability laws, including the ADA and Re-habilitation Act.

Practice Tip: One hot-button compliance issue con-cerns for-profit, educational management organizations (“EMOs”). Those are usually regional or national compa-nies managing charters across state lines. By law, the SPCSA

must review the EMO/charter school relationship, with special focus giv-en to how funds will flow among them. (NRS 388A.246; 388A.393.) Unfortunately, given the broad EMO definition in NRS 388A.030, some have argued that virtually every school vendor—from true EMO to back-office provider to mere clean-ing/janitorial contractor—may qual-ify. I suggest contacting your client’s

sponsor to discuss which relationships will require EMO qualification.

Employment / labor lawAnother common source of charter school legal ques-

tions concerns employment and labor laws. Be prepared, as counsel, to: (i) advise on teacher licensing; (ii) draft employ-ment offers and contracts; (iii) conduct new-hire trainings (e.g., on sexual harassment and child abuse reporting); (iv) draft personnel handbooks; (v) address public retirement (“PERS”) questions; and (v) respond to the inevitable ques-tion, “How do I fire John Q. Teacher?”

Like any business or institution, a Nevada

charter school, no matter how well operated, will

encounter disputes.


Litigation and dispute-resolutionAs the joyful litigators among us will confirm, we live in

a litigious society. Like any business or institution, a Nevada charter school, no matter how well operated, will encounter disputes. Ripe areas for litigation include: (i) tort claims (e.g. slip and falls); (ii) wrongful discharge claims; (iii) breach-of-contract claims (e.g., disputes by or against vendors); and (iv) family-law matters (e.g., the school’s handling of child-custody orders and protections).

Practice Tip: One unexpectedly complicated area in-volves student expulsions and long-term suspensions. As counsel, you will have to marshal a variety of statutes gov-erning when the school board hears the matter, what type of notices and service are required, the fact that the Open Meeting Law does not apply (i.e., the hearing is closed), whether the student can be represented by counsel and present evidence, and so forth. (See, e.g., NRS 241.033-034, 388A.495, and 392.466-467). There is also extensive case law regarding related issues like reasonable suspicion, search and seizure, and substantive and procedural due process.

Practice Tip: An initial, but often overlooked, question in any charter school litigation is whether the school enjoys sovereign immunity. Charter schools and their employees are generally immune under NRS 41.0305 and 41.0307. For negligence and other tort claims, however, the state has

Rule the School continued from page 35

Mark Gardberg is a partner in the Las Vegas office of Howard & Howard, a 148 year-old law firm. In addition to practicing charter school law (his clients include Coral Academy of Science Las Vegas), he has 20 years of experience in M&A, real estate, corporate, and financing transactions.

waived immunity. The same is true for ministerial actions (e.g., driving a school bus), but the state has retained the im-munity for discretionary actions (e.g., determining which students to bus). See Martinez v. Maruszczak, 123 Nev. 433, 437, 168 P.3d 720, 723 (Nev. 2007); City of Boulder City v. Boulder Excavating, Inc., 124 Nev. 749, 756, 191 P.3d 1175, 1179 (Nev. 2008).

Transactional workLast but not least, a charter school lawyer must wear a

transactional attorney’s hat. Your client will contract with vendors on everything from computers, books, and other fixed assets, to special education, counseling, P.R., and other services, to accounting, enrollment, and academic software. Moreover, your client will lease or buy real property, and may also construct a new school building on that land. The charter school may need to sell tax-exempt bonds pursuant to NRS 388A.550 et seq. to finance those capital projects.

Practice Tip: Whether a charter school leases or owns its campus, it is immune from paying real property taxes. (NRS 361.065.) What some schools do not realize, however, is that the statutes have deadlines for when applications must be submitted. (NRS 361.155.) If the school misses a deadline, it is likely to receive the exemption on appeal, but it may take weeks or months to sort out and greatly in-crease its legal fees and costs.

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*Restrictions apply to this offer: The 2017 CLE Passport is valid January 1, 2017 to March 1, 2018 and available only to members of the Clark County Bar Association (CCBA). CCBA mmbership must be renewed for the CLE Passport to remain valid from January through March during the upcoming membership years. This offer is non-transferable and limited to CCBA members for admittance to CCBA-sponsored CLE seminars during the current calendar year. This offer does not include CCBA CLE seminars that are co-sponsored by other organizations (e.g. the State Bar of Nevada).

Contact: Donna Wiessner, Executive Director. Phone: (702) 387-6011. E-mail: [email protected].

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Global Citizen. Knowledge Con-structor. Empowered Learner. According to the International

Society for Technology in Education (ISTE), the list of standards for K-12 students goes on and on. See The ISTE Standards for Students, http://www.iste.org/standards/standards/for-students, last visited July 5, 2017. We all know this is a global society and our children, my students, will be required to have technology skills that you and I never dreamed of.

The difficult part is how do we accomplish this within the legal constraints of digital learning? Many public school districts, private schools, and charter schools now offer fully online learning. Students attend class virtually through on-line teaching sessions, discussion boards, video chats, and a variety of other means. Although this offers great flexibility for scheduling purposes and can often lead to early gradu-ation for motivated students, there are newly arising legal issues that must be considered.

Education in the Digital AgeBy Lin Soriano

Lin Soriano is an Assistant Principal in the Clark County School District and a Boyd Law student. She hopes to blend the law and her expertise in field of education and become involved in writing educational policy once she graduates.

For example, cyber bullying must be closely monitored and addressed as it comes up. With students at a computer or other device for several hours a day, it becomes easy to hide behind technology and say hurtful things to other students, especially if it can be done anonymous-ly. Nevada Revised Statute 388.135 was created to address bullying, harassment, and cyberbullying in schools and has strict guidelines for how bullying must be handled by school officials. Although

the statutes are a helpful roadmap, cyberbullying in the on-line education setting is still prevalent and of concern for parents and educators.

Other legal issues in online education in the K-12 and higher education settings continue to arise and just like any other area of our lives touched by technology, the law is like your 1997 modem—slow to keep up.

Many public school districts, private schools,

and charter schools now offer fully

online learning.

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*Restrictions apply to this offer: CCBA offers use of either the conference room (seats 10 persons) or the classroom (seats up to 20 persons). Room for meeting space in the CCBA’s building is available upon request by CCBA members only, is subject to availability during CCBA’s business hours (typically 8 a.m. to 4 p.m. Monday through Friday). Merchant members will be charged a nominal fee to use the rooms.

Contact: Donna Wiessner, Executive Director. Phone: (702) 387-6011. E-mail: [email protected].

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http://www.iste.org/standards/standards/for-students

http://www.iste.org/standards/standards/for-students


Over 6.5 million children in the United States benefit from special education. Under the Individuals with Disabilities Education Act (IDEA), if a student re-

ceives special education at school, that student is also enti-tled to receive related services.

Available related servicesThe IDEA includes an array of support services enabling

students to benefit from their special education programs, including but not limited to: transportation; developmental, corrective and other supportive services to assist a student to benefit from special education; speech-language patholo-gy; audiology services; interpreting services; psychological services; physical and occupational therapy; recreation; ear-ly identification and assessment of disabilities; counseling; orientation and mobility services; and medical services for diagnostic or evaluation purposes. 34 CFR 300.34. Relat-ed services that a student receives are governed by what is included in that student’s Individualized Education Pro-gram (IEP). The IEP is a written document that sets forth the components of the student’s education program and is created through a collaborative process between the parents and the school. However, the IEP will not include all the re-lated services requested by the parents, but will only include the services necessary for that student to receive a Free Ap-propriate Public Education (FAPE).

Transportation as a related serviceTransportation is a related service that must be included

in a student’s IEP if it is needed for that student to receive special education services. 34 CFR 300.34 (c)(16). For exam-ple, a special education student may require curb-to-curb transportation. Reasons for curb-to-curb transportation in-clude (but are not limited to): a student with physical limita-tions; or students who are runners, non-verbal, unaware of

common danger, and/or unable to follow directions. A special education student may require special accom-

modations on the bus. Examples include, but are not limited to: a special bus time home to rest; an aide on the bus to assist with medical conditions; emergency administration of medication on the bus; and/or modifications to the envi-ronment during transportation, such as temperature adjust-ment or noise-reducing headphones. Support for these types of issues are available and should be raised at IEP meetings; otherwise, the student could lose out on potentially valuable and life-saving services.

Other examples of related servicesUnder the IDEA, the school district must provide med-

ical services that can be performed by non-physicians. Ser-vices provided by a licensed physician to determine a stu-dent’s medically related disability resulting in a need for special education and related services are also covered un-der the IDEA. 34 CFR 300.34(c)(5). A student’s health issues should be discussed at every IEP meeting to ensure the stu-dent is receiving appropriate related services. If a student’s health issues change (i.e. change in medication), parents can (and should) request an IEP meeting to discuss these issues and to make changes to the IEP, if deemed appropriate.

Under CFR 300.34, counseling, psychological, and so-cial work services are also considered related services. For example, a student with an IEP for emotional disturbance, who is acting out and in danger of continued discipline, may be an appropriate candidate for regular counseling, and counseling services may be incorporated into the IEP. Family counseling may be offered to parents in order for the student to benefit from his or her special education.

Assistive technology devices may also be a related ser-vice, falling under the category of special education, related services, or supplementary aids and services. Devices such

The Importance of Related Services Under Special Education LawBy Eunice Beattie, Esq.


as iPads, calculators, or computers could be considered by the IEP team; the decision of whether to provide a device and what device to provide is made on a case-by-case basis.

What If the team cannot agree?Generally, if there is a concern with the school district

about any matter that is unresolved, a public concern may be filed and a formal investigation will be opened. Public con-cern forms are available at all CCSD schools, and are also available online.

If a parent has a concern with the special education and/or related services his or her child is receiving, he or she may contact Clark County School District’s Office of Compliance and Monitoring for possible investigation and resolution. If this avenue is unsuccessful, the parent is not precluded from taking additional steps as set forth below:

• Any individual or organization may file a state com-plaint if state or federal education laws have been violated, or file a discrimination complaint with the Office for Civil Rights.

• Mediation is available to allow resolution of dis-putes resulting from the school district’s identifica-tion, evaluation, and/or placement of students and/or whether the school district is providing FAPE. Parents may request mediation, in writing, to the Office of Compliance and Monitoring, or to the Ne-vada Department of Education.

Finally, a parent may choose to file a due process com-plaint, which considers the proposal or refusal to initiate or change the placement of a special education student and/or whether the school district if providing FAPE. Due process complaints must be filed within two years of the violation of the special education law. The parent’s request for due pro-cess must be in writing to the Superintendent of the school district. After a due process is filed, the school district shall convene a resolution session to try to solve the issues with-out a hearing. If the parties are unable to resolve, the hear-ing will go forward. An appeal process is also available.

The list of related services under the IDEA is illustra-tive, not exhaustive. As such, the IEP team is free to explore and include any other developmental, corrective, or other supportive services that would assist a student with his or her special education. See 34 CFR 300.34. The determina-tion of what related services are necessary is made on an individualized basis, taking input from the IEP team and focusing on each individual student’s unique needs and circumstances. If team members are uncertain of what ser-vices are available, they are encouraged to inquire or make suggestions. As putting together the IEP is a team effort, it is essential to explore all areas of concern, being mindful of the protections the IDEA offers, not only for special education, but for related services.

Eunice Beattie, Esq., is the team chief of the Education Advocacy Program at Legal Aid Center of Southern Nevada.

CCBA members may receive a complimentary listing* in the CCBA Members Directory online at www.clarkcountybar.org.

Attorney members may receive FREE areas of practice listings in this online directory!

*Restrictions apply to this offer: CCBA Members can be listed in the CCBA Members Directory. The directory can be searched to find a member via area of practice, first or last name, firm/company/agen-cy, and other states admitted. This pictorial directory can include a portrait of the member. To get a por-trait taken for the directory, please use the Portrait services available through the CCBA. See page 18.

Images shown are only samples and not to scale.Contact: Steph, (702) 387- 6011. [email protected].

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Nevada Appellate Court Summaries

Advance Opinion SummaryBy Joe Tommasino, Esq.

Supreme Court of Nevada

Anti-SLAPP statutes: (1) Neva-da’s anti-SLAPP statutes, codified in NRS Chapter 41, were amended in 2013 and became effective on Octo-ber 1, 2013; (2) because portions of the applicable 2013 amendments (de-fining protected conduct) are consis-tent with a reasonable interpretation of the prior anti-SLAPP enactment, and those portions resolved an am-biguity that existed in the prior en-actment, they are clarifying and thus apply retroactively; and (3) because the remaining applicable portions of the 2013 amendments (changing the summary judgment standard of re-view to clear and convincing) effected a substantive change in the prior an-ti-SLAPP legislation, those portions are not applicable retroactively. The Supreme Court of Nevada also held that a defendant’s conduct constitutes “good faith communication in fur-therance of the right to petition or the right to free speech in direct connec-tion with an issue of public concern” if it falls within one of the four catego-ries enumerated in NRS 41.637 and “is truthful or is made without knowledge of its falsehood.” Delucchi v. Songer, 133 Nev. Adv. Op. No. 42, ___ P.3d ___ (June 29, 2017).

Arbitration: (1) The arbitrator in this case did not exceed his authority because his decision did not conflict with the language of the parties’ col-lective bargaining agreement; and (2)

the arbitrator did not manifestly ig-nore the law because he acknowledged NRS 391.3116 and applied the statute in reaching his decision. The Supreme Court of Nevada further found that the arbitration award was not arbitrary or capricious because it was supported by substantial evidence. Washoe Cty. Sch. Dist. v. White, 133 Nev. Adv. Op. No. 43, ___ P.3d ___ (June 29, 2017).

Attorney discipline: (1) Attor-ney Timothy Treffinger pleaded guilty to a felony, which SCR 111(6) deems a “serious crime,” and, under SCR 111(1), a guilty plea establishes a “conviction” even though a final judgment of conviction has not been entered and the sentence is suspend-ed or deferred; from his guilty plea, Treffinger’s interim suspension and referral for formal discipline follow automatically under SCR 111(7); and (2) Treffinger’s suspension will be stayed, conditioned on his continued adherence to the terms and condi-tions of his probation, his successful participation in his diversion pro-gram, and the absence of any further disciplinary offenses. “Good cause” to relieve a lawyer from automatic inter-im suspension depends, first and fore-most, on the danger the lawyer’s crime and other established misconduct suggest he or she poses to clients, the courts, and the public. A related but secondary concern is “whether there is a substantial likelihood, based on all the available evidence, that a signifi-cant sanction will be imposed on the [lawyer] at the conclusion of any pend-

ing disciplinary proceedings.” Addi-tional factors suggested by the case include the harm interim suspension will cause the lawyer and the lawyer’s existing clients, and the mechanisms available for monitoring the lawyer’s conduct so suspension can be stayed and conditions imposed, rather than set aside outright. In re Discipline of Tr-effinger, 133 Nev. Adv. Op. No. 22, ___ P.3d ___ (May 11, 2017).

Child support: NRS 130.207(2) determines which child-support or-der controls when both a Nevada court and a foreign country issue child support orders. Here, Porsboll applied for stipulation of child support in Norway, and an administrative or-der concerning child support was ulti-mately issued. However, the order does not clearly establish Norway’s continu-ing and exclusive jurisdiction under NRS Chapter 130. Further, the record does not establish that both parties consented to Norway’s continuing and exclusive jurisdiction. According-ly, NRS 130.207(2)(a) applies and the Nevada order controls. Separately, the Supreme Court of Nevada held that “if [a] contempt finding or sanction is included in an order that is otherwise independently appealable, this court has jurisdiction to hear the contempt challenge on appeal.” Vaile v. Porsboll, 133 Nev. Adv. Op. No. 30, ___ P.3d ___ (June 22, 2017).

Civil procedure: (1) NRCP 16.1(a)(1)(C) requires a party to produce, “without awaiting a discovery request . . . [a] computation of any category of damages claimed;” (2) future medical expenses are a category of damages to which NRCP 16.1(a)(1)(C)’s compu-tation requirement applies; and (3) a plaintiff is not absolved of complying with NRCP 16.1(a)(1)(C) simply be-cause the plaintiff’s treating physi-cian has indicated in medical records that future medical care is necessary. When a party has failed to abide by NRCP 16.1’s disclosure requirements,


NRCP 37(c)(1) provides the appropri-ate analytical framework for district courts to employ in determining the consequence of that failure. Under NRCP 37(c)(1), a party is prohibit-ed from “us[ing] as evidence at trial . . . any witness or information not so disclosed” unless the party can show there was “substantial justification” for the failure to disclose or “unless such failure is harmless.” Separately, the court noted that “pain and suffer-ing damages are not subject to NRCP 16.1(a)(1)(C)’s computation-of-dam-ages requirement.” Pizarro-Ortega v. Cervantes-Lopez, 133 Nev. Adv. Op. No. 37, ___ P.3d ___ (June 22, 2017).

Class actions: Under NRCP 23(a), a plaintiff seeking to certify a case as a class action has the burden of show-ing that: (1) the class is so numerous that joinder of all members is imprac-ticable; (2) there are questions of law or fact common to the class; (3) the claims for defenses of the representa-tive parties are typical of the claims or defenses of the class; and (4) the representative parties will fairly and adequately protect the interests of the class. Here, class certification was in-appropriate because appellant Michael Sargeant did not meet his burden of demonstrating numerosity, common-ality, and typicality. Furthermore, Sargeant could not represent all mem-bers of the broad class he proposed, whose interests conflicted with his. Sargeant v. Henderson Taxi, 133 Nev. Adv. Op. No. 27, ___ P.3d ___ (June 1, 2017).

Criminal law: (1) Sufficient evi-dence existed to support the defen-dant’s convictions for kidnapping and robbery and (2) the Miranda warning was legally sufficient. Regarding the first issue, to sustain convictions for both robbery and kidnapping aris-ing from the same course of conduct, “any movement or restraint must stand alone with independent significance from the act of robbery itself, create a risk of danger to the victim substan-

tially exceeding that necessarily pres-ent in the crime of robbery, or involve movement, seizure or restraint sub-stantially in excess of that necessary to its completion.” In general, “[w]hether the movement of the victim is inciden-tal to the associated offense and wheth-er the risk of harm is substantially in-creased thereby are questions of fact to be determined by the trier of fact in all but the clearest cases.” Regarding the second issue, the court recognized that to be constitutionally adequate, Miran-da warnings must be “sufficiently com-prehensive and comprehensible when given a commonsense reading.” The warning in this case informed the de-fendant that he had the right to coun-sel before and during questioning, as specifically required by Miranda; thus, the warning was sufficient. Stewart v. State, 133 Nev. Adv. Op. No. 20, ___ P.3d ___ (May 4, 2017).

Criminal law: (1) NRS 200.450 provides that if any “person, upon previous concert and agreement, fights with any other person” and “[s]hould death ensue to [the other] person in such a fight,” the surviving fighter is guilty of first-degree mur-der; (2) NRS 200.450 is not vague be-cause it provides a person of ordinary intelligence fair notice of what con-duct is prohibited and because it sets forth clear standards that prevent arbitrary enforcement; and (3) NRS 200.450 is not overbroad because it does not criminalize protected speech, but the ensuing fight and po-tential resulting death. In Wilmeth v. State, 96 Nev. 403, 610 P.2d 735 (1980), the Supreme Court of Nevada held that where a challenge to fight is accepted and the decedent unilaterally escalat-ed the fight with a deadly weapon, the survivor was not entitled to a self-de-fense jury instruction. The factual dif-ferences between the instant case and Wilmeth are not legally consequen-tial. At footnote 8, the court declared that “[w]e are not asked to delineate in which cases a challenge-to-fight mur-der defendant may assert self-defense,

and we decline to do so now.” Pimentel v. State, 133 Nev. Adv. Op. No. 31, ___ P.3d ___ (June 22, 2017).

Criminal procedure: (1) NRS 174.085(5)(b) permits a municipal-ity’s prosecuting attorney to seek the voluntary dismissal of a mis-demeanor complaint before trial and “without prejudice to the right to file another complaint, unless the State of Nevada has previously filed a complaint against the defen-dant which was dismissed at the re-quest of the prosecuting attorney;” (2) NRS 174.085(6)(a) provides that “[i]f a prosecuting attorney files a sub-sequent complaint after a complaint concerning the same matter has been filed and dismissed against the de-fendant,” the case is required to be assigned to the same judge as the ini-tial complaint; and (3) the subsequent complaint filed by the prosecuting at-torney may be filed in the same case number as the original complaint. Accordingly, the district court acted arbitrarily and capriciously when it determined that the city was required to file a new complaint with a new case number when it voluntarily dismissed complaints under NRS 174.085(5)(b). City of Henderson v. Amado, 133 Nev. Adv. Op. No. 36, ___ P.3d ___ (June 22, 2017).

Delinquency: (1) NRS 62C.240 precludes formal adjudication of de-linquency and ensures counseling and medical-treatment services as part of a consent decree; (2) the Nevada State Legislature intended for the conduct and circumstances surrounding an arrest to trigger NRS 62C.240, not fictitious conduct the district at-torney alleges in the petition; and (3) minors who are arrested solely for solicitation or prostitution, as demonstrated by the referral charge, facts of arrest, or other persuasive ev-idence, are entitled to the benefits of NRS 62C.240. The protections of NRS 62C.240 apply to prostitution-related

Summaries continued on page 42


crimes committed contemporaneous to an act that would otherwise trigger those protections, including, without limitation, trespassing, loitering, or curfew violations. However, this deci-sion should not be read to insulate ju-veniles from delinquency adjudication based on different, nonprostitution-re-lated crimes committed contempora-neous to an act that would otherwise trigger NRS 62C.240. A.J. v. Eighth Jud. Dist. Ct., 133 Nev. Adv. Op. No. 28, ___ P.3d ___ (June 1, 2017).

Equitable adoption: Equitable adoption is an equitable remedy to enforce an adoption agreement un-der circumstances where there is a promise to adopt, and in reasonable, foreseeable reliance on that promise a child is placed in a position where harm will result if repudiation is per-mitted. The facts here satisfy the four remedial elements which are (1) intent to adopt; (2) promise to adopt; (3) jus-tifiable reliance; and (4) harm resulting from repudiation. Additionally, the district court did not violate the Unit-ed States and Nevada Constitutions’ equal-protection clauses in granting its order of paternity and child custody. Nguyen v. Boynes, 133 Nev. Adv. Op. No. 32, ___ P.3d ___ (June 22, 2017).

Filing: A document is filed with the district court upon acceptance for filing by the judge, and his or her failure to note the date of filing thereon and transmit it to the clerk of the court is a ministerial error not to be held against the parties. The Su-preme Court of Nevada stressed the importance of compliance with NRCP 5(e) and reminded judges, including pro-tempore short-trial judges, “of their obligation to note the date of filing upon any documents filed with the judge and promptly transmit the documents to the district court clerk.” O'Neal v. Hudson, 133 Nev. Adv. Op. No. 29, ___ P.3d ___ (June 1, 2017).

Foreclosure: The servicer of a loan owned by a regulated entity has standing to argue that the Federal Foreclosure Bar (12 U.S.C. § 4617(j)(3) (2012)) preempts NRS 116.3116. The respondent had argued that Na-tionstar lacks standing to assert the Federal Foreclosure Bar because (1) the Housing and Economic Recovery Act of 2008 (HERA) exclusively au-thorizes the Federal Housing Finance Agency (FHFA) to enforce the Feder-al Foreclosure Bar; and (2) Armstrong v. Exceptional Child Center, Inc., 575 U.S. ___, 135 S. Ct. 1378 (2015), states that private litigants may not use the supremacy clause to displace state law. The court rejected both of these argu-ments and held that “neither HERA nor Armstrong prohibit the servicer of a loan owned by a regulated entity from arguing the Federal Foreclosure Bar preempts NRS 116.3116.” Nation-star Mortg. v. SFR Invs. Pool 1, 133 Nev. Adv. Op. No. 34, ___ P.3d___ (June 22, 2017).

Investment trust advisers (ITAs): (1) NRS 155.190(1)(h) does not grant the Supreme Court of Nevada appel-late jurisdiction over all matters in an order instructing or appointing the trustee; instead, the statute only grants the court appellate jurisdic-tion over the portion of an appealed order instructing or appointing a trustee; and (2) Nevada courts may exercise specific personal jurisdiction over persons accepting a position as an ITA under NRS 163.5555 should a suit arise out of a decision or action done while acting as an ITA. Accept-ing a role as an ITA manifests a de-fendant’s purposeful availment of the privilege of acting in Nevada; where, as here, a suit arises out of a nonresident defendant’s role as an ITA, the exercise of specific personal jurisdiction would satisfy the requirements of Nevada’s long-arm statute, as well as traditional notions of fair play and substantial jus-tice. In re Davis Family Heritage Trust, 133 Nev. Adv. Op. No. 26, ___ P.3d ___ (May 25, 2017).

Judgment debtors: A judg-ment-debtor proceeding is a post-judgment action independent from the underlying action with its own statutory procedure allowing for no-tice and an opportunity to be heard and a resulting judgment; thus, a fi-nal order adjudicating a judgment debtor proceeding is appealable un-der NRAP 3A(b)(1), and such an ap-peal is generally a plain, speedy, and adequate remedy that precludes ex-traordinary writ relief. In this orig-inal petition for extraordinary relief, the Supreme Court of Nevada exam-ined whether proceedings under the judgment-debtor statutes, NRS 17.030-.080, give rise to a final, appealable judgment that would preclude review of the judgment through a petition for extraordinary writ relief and, if so, whether the court should nevertheless consider the writ petition because the underlying district court order was allegedly void. The court concluded that the petitioner could have appealed the challenged order. Accordingly, the court declined to consider petitioner’s arguments concerning whether the challenged order is void, and the court denied this petition for extraordinary writ relief. Rawson v. Ninth Jud. Dist. Ct., 133 Nev. Adv. Op. No. 44, ___ P.3d ___ (June 29, 2017).

Juror misconduct: To prevail on a motion for a new trial on the ba-sis of juror misconduct during voir dire a defendant must demonstrate (1) that the juror at issue failed to honestly answer a material question, and (2) that a correct response would have provided a valid basis for a chal-lenge for cause. The testimony at the post-trial hearing indicated that Juror Three failed to honestly answer a ma-terial question during voir dire. Had Juror Three truthfully disclosed that she had been a childhood victim of molestation, this disclosure could have provided a valid basis for a challenge for cause. Brioady v. State, 133 Nev. Adv. Op. No. 41, ___ P.3d ___ (June 29, 2017).

Summaries continued from page 41


Juvenile certification: (1) Here, a juvenile-court order certifying ap-pellant to stand trial as an adult did not violate his right to procedural due process and (2) the certification of cognitively-impaired juveniles is not unconstitutional under the eighth amendment. Although the United States Supreme Court has compared the significance of the certification decision with the sentencing hearing, certification is not a punishment. In re D.T., 133 Nev. Adv. Op. No. 23, ___ P.3d ___ (May 25, 2017).

Liquor licenses: Storey County Code (SCC) § 5.12.010(A) requires an applicant for a liquor license to “provide the county liquor license board with . . . [p]roof of financial standing to warrant an expected satisfactory and profitable business operation;” the term “satisfactory” does not authorize or encourage dis-criminatory enforcement and is not unconstitutionally vague. Separately, the Supreme Court of Nevada held that appellant Vincent Malfitano’s due-pro-cess and equal-protection rights were not violated when respondent Storey County Liquor Board denied his appli-cations for liquor licenses. Malfitano v. County of Storey, 133 Nev. Adv. Op. No. 40, ___ P.3d ___ (June 29, 2017).

Mechanic’s liens: (1) NRS 108.245(1) requires mechanic’s and materialmen’s lien claimants to de-liver a written notice of right to lien to the owner of the property after they first perform work on or provide material to a project; (2) substan-tial compliance with the technical requirements of the lien statutes is sufficient to create a lien on the prop-erty where the owner of the property receives actual notice of the poten-tial lien claim and is not prejudiced; and (3) the actual-notice exception does not extend to offsite work and services performed by an architect for a prospective buyer of the prop-erty when no onsite work has been performed on the property. Here,

because the actual-notice exception does not apply and there is no dispute that Steppan did not otherwise pro-vide Iliescu with the required pre-lien notice, the district court erroneously found that Steppan had substantially complied with NRS 108.245’s pre-lien notice requirements. Iliescu v. Steppan, 133 Nev. Adv. Op. No. 25, ___ P.3d ___ (May 25, 2017).

Parole: (1) Parole is an act of grace in Nevada, and the Supreme Court of Nevada will not disturb a decision to deny parole for any reason autho-rized by statute; (2) nonetheless, eli-gible Nevada inmates have a statuto-ry right to be considered for parole by the Nevada Parole Board, and an inmate does not receive proper con-sideration when the Board’s decision is based in part on an inapplicable aggravating factor. While the decision to grant or deny parole is not generally reviewable, the Nevada Parole Board is still obligated to act within established parameters. Here, the board’s internal guidelines clearly indicated that the ag-gravator set forth in NAC 213.518(2)(k) should not be used in those cases where the inmate is serving a life sentence for murder. Thus, the Board’s consider-ation of the inapplicable aggravator in NAC 213.518(2)(k) infringed upon An-selmo’s statutory right to receive prop-er consideration for parole. Anselmo v. Bisbee, 133 Nev. Adv. Op. No. 45, ___ P.3d ___ (June 29, 2017).

Public bodies: An attorney for a public body must have authorization from the client in a public meeting prior to filing a notice of appeal. Just as a public body would need to meet in an open meeting to determine other material steps in the litigation process, such as initiating a lawsuit or agreeing to a settlement, it must also authorize an appeal of an adverse determination in an open meeting. Here, the notice of appeal was filed without any authoriza-tion from the Nevada Commission on Ethics. The court therefore concluded that the commission’s notice of appeal

was defective and declined to consider the appeal. Nev. Comm’n on Ethics v. Hansen, 133 Nev. Adv. Op. No. 39, ___ P.3d ___ (June 29, 2017).

Self-settled spendthrift trusts (SSSTs): In this case, the family court has subject-matter jurisdiction over all claims brought in the parties’ di-vorce, including those relating to property held within the SSSTs. Ten years into their marriage, Eric and Lynita Nelson signed a separate-prop-erty agreement (the SPA) that trans-muted their property into separate property and placed that property into the parties’ respective separate prop-erty trusts. Later, the parties convert-ed those trusts into SSSTs and funded them with their respective separate property. The SSSTs were, respectively, the Eric L. Nelson Nevada Trust (Eric’s Trust) and the Lynita S. Nelson Neva-da Trust (Lynita’s Trust). In 2009, the parties began divorce proceedings and subsequently added the SSSTs as neces-sary parties. Among other things, the Supreme Court of Nevada concluded that the SPA and SSSTs are valid and unambiguous; the district court erred in equalizing the trust assets; and the district court erred in making findings of unjust enrichment after the claim was dismissed. Klabacka v. Nelson, 133 Nev. Adv. Op. No. 24, ___ P.3d ___ (May 25, 2017).

Special masters: An individu-al must seek leave of the appointing court prior to filing suit in a non-ap-pointing court against a court-ap-pointed special master for actions taken in the scope of his court-de-rived authority. This case implicates the so-called Barton doctrine from Barton v. Barbour, 104 U.S. 126, 127 (1881). The doctrine applies broadly to all court-appointed officers. One pur-pose of the doctrine is to prevent dis-satisfied parties from freely suing the special master in another court for dis-cretionary decisions made while per-

Summaries continued on page 44


Joe Tommasino, Esq. has served as Staff Attorney for the Las Vegas Justice Court since 1996. Joe is the President of the Nevada Association for Court Career Advancement (NACCA).

forming court-derived duties. Another purpose is to prevent the creation of disincentives for performing neces-sary duties and keeping the court-ap-pointed official from being burdened with defending against unnecessary or frivolous litigation in distant forums. Bertsch v. Eighth Jud. Dist. Ct., 133 Nev. Adv. Op. No. 33, ___ P.3d ___ (June 22, 2017).

Termination of parental rights: Nevada law does not require that a parent be deemed competent before a district court may proceed in a ter-mination-of-parental-rights matter. Unlike criminal proceedings, no rule or statute requires a district court to indefinitely continue an action to ter-minate one’s parental rights in the hope that a party may eventually re-gain competence. Moreover, Nevada’s termination statutes allow mental ill-ness to be used as a factor in finding parental fault. In re Parental Rights as to M.M.L., 133 Nev. Adv. Op. No. 21, ___ P.3d ___ (May 11, 2017).

Termination of parental rights: Poverty is not, and has never been, a valid basis for terminating one’s pa-rental rights. Here, the district court’s termination order was not predicated on the appellant’s poverty and is sup-ported by substantial evidence. Gen-erally, a party petitioning to terminate parental rights must establish by clear and convincing evidence that (1) ter-mination is in the child’s best interest, and (2) parental fault exists. In deter-mining whether parental fault exists, the district court must find at least one of the following factors: “abandonment of the child; neglect of the child; un-fitness of the parent; failure of parental adjustment; risk of injury to the child if returned to, or if left remaining in, the home of the parents; and finally, only token efforts by the parents.” Un-der Nevada law, a district court may not find parental fault if one’s failure to care for his or her children is the result

of a financial inability to do so. How-ever, the court noted that this princi-ple does not prohibit the district court from considering a parent’s failure to maintain housing or employment in contravention of a state-issued case plan. In re Parental Rights as to R.T., 133 Nev. Adv. Op. No. 38, ___ P.3d ___ (June 29, 2017).

Trusts: Here, summary judg-ment regarding the interpretation of a trust was appropriate, and sum-mary judgment regarding breach of fiduciary duty and attorney’s fees was also appropriate. A trust should not be interpreted to create inconsistencies or to render certain provisions super-fluous. Moreover, the court agreed that the appellant breached her fiduciary duties of impartiality and to avoid con-flicts of interest when she unilaterally ceased distributions to respondents without seeking court instructions and when she advocated as trustee for a trust interpretation favoring herself as beneficiary. In re: Connell Living Trust, 133 Nev. Adv. Op. No. 19, ___ P.3d ___ (May 4, 2017).

Unemployment: The failure to follow the statutory requirements of NRS 612.530(1) deprives the district court of jurisdiction to hear a petition for judicial review. NRS 612.530(1), states the following:

Within 11 days after the decision of the Board of Re-view has become final, any party aggrieved thereby or the Administrator may se-cure judicial review thereof by commencing an action in the district court of the county where the employ-ment which is the basis of the claim was performed for the review of the decision, in which action any other party to the proceedings before the Board of Review must be made a defendant.

The requirements of the statute are jurisdictional and mandatory, and each requirement of NRS 612.530(1) must be completed within 11 days. Bd. of Review v. Second Jud. Dist. Ct., 133 Nev. Adv. Op. No. 35, ___ P.3d ___ (June 22, 2017).

Resources• “Advance Opinions” are viewable

at this link: http://nvcourts.gov/Supreme/Decisions/Advance_Opinions/

• A list of “Forthcoming Opin-ions” is available at this link every Wednesday: http://nvcourts.gov/Supreme/Decisions/Forthcom-ing_Opinions/

• “Supreme Court Unpublished Orders” are viewable at this link: http://nvcourts.gov/Supreme/De-cisions/Unpublished_Orders/

• “Court of Appeals Unpublished Orders” are viewable at this link: http://nvcourts.gov/Supreme/De-cisions/Court_of_Appeals/Un-published_Orders/

Summaries continued from page 43





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Documents

Chief Justice Michael Cherry Education Which Appellate ... Driggs, Walch, Fine, Wray, Puzey, & ... Heather Anderson-Fintak, Editor-in-Chief Jacquelyn M. Franco, Editor Alia Najar,