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United States District Court for the District of Nevada

From Wikipedia, the free encyclopedia

United States District Court for the District of Nevada
(D. Nev.)
UnitedStatesDistrictCourtDistrictNevada.png
Map of USA NV.svg
LocationLas Vegas
More locations
Appeals toNinth Circuit
EstablishedFebruary 27, 1865
Judges7
Chief JudgeGloria Navarro
Officers of the court
U.S. AttorneyNicholas A. Trutanich
U.S. MarshalGary G. Schofield
www.nvd.uscourts.gov

The United States District Court for the District of Nevada (in case citations, D. Nev.) is the federal district court whose jurisdiction is the state of Nevada. The court has locations in Las Vegas and Reno.

Cases from the District of Nevada are appealed to the United States Court of Appeals for the Ninth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit).

The United States Attorney's Office for the District of Nevada represents the United States in civil and criminal litigation in the court. The current United States Attorney is Nicholas A. Trutanich.

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Transcription

ANNOUNCER: "COURT TO COURT"-- YOUR CONNECTION TO WHAT'S HAPPENING IN THE FEDERAL COURTS AROUND THE COUNTRY, PROVIDING INFORMATION AND IDEAS TO ENHANCE YOUR JOB AND HOW THE COURTS FUNCTION. WELCOME TO "COURT TO COURT," THE FEDERAL JUDICIAL CENTER'S EDUCATIONAL MAGAZINE PROGRAM FOR COURT EMPLOYEES. TODAY, WE LEARN ABOUT ONE COURT'S SUCCESS DEALING WITH CASE MANAGEMENT ISSUES THAT AFFECT SECTION 1983 CIVIL RIGHTS CASES. FOR THE PAST SEVERAL YEARS, ON AVERAGE, SLIGHTLY MORE THAN 29,000 INMATE CIVIL RIGHTS CASES ARE FILED NATION-WIDE EACH YEAR UNDER SECTION 1983. THESE CASES REPRESENT ABOUT 11% OF ALL CIVIL CASES FILED. OF COURSE, THAT FIGURE VARIES FROM DISTRICT TO DISTRICT, BUT IN THE DISTRICT OF NEVADA, IT'S THE SAME. IN THE MOST RECENT YEAR FOR WHICH THERE ARE NUMBERS IN NEVADA, THIS WAS MORE THAN 450 ACTUAL CASES. MOST OFTEN, THESE CASES ARE PRO SE, AND MOST INMATES ARE ILL-EQUIPPED TO KNOW OR FOLLOW THE FEDERAL RULES OF CIVIL PROCEDURE. IN RENO, DISTRICT OF NEVADA MAGISTRATE JUDGE VALERIE COOKE SAYS SHE AND HER LAW CLERK WERE SPENDING MORE THAN 3/4 OF THEIR TIME WORKING ON INMATE LITIGATION. THE OTHER ISSUE THAT TROUBLED ME IS THAT RULE ONE OF THE FEDERAL RULES OF CIVIL PROCEDURE DISCUSSES A SPEEDY, JUST, AND INEXPENSIVE RESOLUTION TO LITIGATION IN FEDERAL COURTS. WELL, THAT IS FAR FROM WHAT OCCURS IN MOST INMATE CASES. THEY CAN GO ON FOR YEARS. ALL OF THESE ARE REAL THINGS HAPPENING TO REAL PEOPLE, AND INMATES ARE REAL PEOPLE. IT...MADE FAR MORE SENSE TO HAVE THE PARTIES EARLY ON IN THE CASE, BEFORE PEOPLE HAVE EXPENDED TIME AND RESOURCES AND STRESS, TO SEE IF THERE'S A WAY YOU CAN RESOLVE THE CASE. NARRATOR: JUDGE COOKE ALSO WAS A MEMBER OF THE NINTH CIRCUIT'S ALTERNATIVE DISPUTE RESOLUTION COMMITTEE AND THOUGHT THAT USING ADR TO TRY TO RESOLVE INMATE COMPLAINTS WOULD BE A GOOD WAY TO HELP EVERYONE. SHE RECOMMENDED TO THE CHIEF DISTRICT JUDGE A ONE-YEAR PILOT PROGRAM REQUIRING THAT PRISONERS AND THE STATE TRY MEDIATION. ONE OF THE KEYS IN MY OPINION TO ANY INNOVATION IN AN INSTITUTION LIKE THE FEDERAL COURT IS THAT YOU START SMALL AND YOU TEST IT. YOU SEE, "WELL, IS THIS WORTH IT?" NARRATOR: JUDGE COOKE SAYS THE DISTRICT JUDGES WERE SKEPTICAL. COOKE: BECAUSE THEIR CONCERN WAS THAT IF WE HAVE THIS PROGRAM, WE WILL INVITE AN INCREASE OF INMATE LITIGATION INTO OUR DISTRICT. THAT WAS A LEGITIMATE CONCERN. NARRATOR: ALSO, THE NEVADA DEPARTMENT OF CORRECTIONS AND THE ATTORNEY GENERAL'S OFFICE WERE CONCERNED THAT REQUIRING MEDIATION WAS A CRITICISM OF THEIR OPERATIONS. ONE OF THE KEYS WAS REALLY SITTING DOWN AND LISTENING TO THESE PEOPLE AND HEARING THEIR EXPERTISE ABOUT WHAT THEIR CONCERNS ARE. IT TAKES A GREAT DEAL OF TIME. I HAVE TO RESEARCH NOT ONLY THE CASE, CASE LAW, WHERE OUR LIABILITY OR WHERE I WOULD PRESUME OUR LIABILITY, THE VALUE I WOULD PLACE ON THE CASE. I'LL COLLECT THE COMPLAINT AND ANY OTHER FILINGS THAT THE PLAINTIFF HAS MADE. I'LL REVIEW THE QUALITY OF THE LEGAL CLAIMS, THE NATURE OF THE LEGAL CLAIMS, ANY UNUSUAL PROCEDURAL POSTURE. I'LL THEN COLLECT WITNESS STATEMENTS, COLLECT EVIDENCE, SPEAK TO ANY OF THE DEFENDANTS WHO MAY HAVE KNOWLEDGE THAT'S HELPFUL FOR US IN EVALUATING THE CASE. NARRATOR: AT THE END OF THE ONE-YEAR PILOT, JUDGE COOKE MET WITH ALL THE STAKEHOLDERS, INCLUDING TWO INMATES WHO HAD SETTLED AND TWO WHO HADN'T. BEAVERS: THE VALUE OF THE INMATE MEDIATION PROGRAM TO THE ATTORNEY GENERAL'S OFFICE IN NEVADA CANNOT BE OVERSTATED. 3 MONTHS TO EVALUATE A CASE AT THE EARLY STAGE CAN MAKE THE DIFFERENCE BETWEEN MISSING SOMETHING THAT MIGHT CREATE TREMENDOUS LIABILITY FOR THE CLIENTS DOWN THE ROAD OR ADDRESSING IT EARLY, ADDRESSING AN ISSUE AND FINDING A RESOLUTION THAT'S SATISFACTORY FOR BOTH PARTIES. WICKHAM: THIS GIVES BOTH SIDES THE OPPORTUNITY TO GET OUT OF THE CASE BEFORE IT GETS IN THE TRIAL. EVEN IF YOU DON'T SETTLE A CASE, YOU FIND OUT WHAT THE VALUE IS. YOU FIND OUT A LOT ABOUT THE CASE SO THAT YOU'RE MUCH BETTER PREPARED TO GO TO COURT IF YOU HAVE TO. NARRATOR: OVER THE COURSE OF SEVERAL YEARS, THE COURT HAS REFINED ITS PROCESS, WHICH BEGINS AT THE DESK OF A PRO SE STAFF ATTORNEY, WHO'S RESPONSIBLE FOR SCREENING ALL PRISONER CIVIL RIGHTS CASES FOR THE DISTRICT. I'M THE ONLY PERSON WHO SCREENS, AND I HAVE ABOUT 405 CASES ASSIGNED TO ME, SO AT THIS POINT, I'M NOT ABLE TO SCREEN AN INMATE'S CASE UNTIL 10 MONTHS AFTER HE OR SHE FILES THEIR COMPLAINT. THE INMATE COMPLAINT MAY CONTAIN, YOU KNOW, 5 OR 6 DIFFERENT CLAIMS FOR RELIEF AGAINST MULTIPLE PEOPLE, BUT BY THE TIME THE SCREENING ORDER HAS BEEN ISSUED, THE COURT HAS NARROWED THAT DOWN AND ELIMINATED ANY CLAIMS THAT AREN'T GOING TO BE VIABLE. THEN I'LL RECOMMEND THAT THE CASE IS READY TO GO TO INMATE MEDIATION, AND THEN WHAT WILL HAPPEN IS THE COURT WILL STAY THE CASE FOR 90 DAYS. NARRATOR: EVERY SECTION 1983 CIVIL RIGHTS CASE THAT IS FOUND TO HAVE MERIT MUST GO INTO MEDIATION DURING THE 90-DAY STAY, THOUGH PARTIES CAN FILE A REQUEST TO BE EXCUSED. ALSO IN THAT 90-DAY PERIOD, WE DEFER CONSIDERATION OF THE IFP APPLICATION UNTIL AFTER THE MEDIATION. IF THEY SETTLE THE CASE DURING THE MEDIATION, THEY WON'T HAVE TO PAY THE $350 FILING FEE. NARRATOR: THE STATE TORT CLAIMS MANAGER IS ALSO PRESENT AT ALL INMATE MEDIATIONS. NANCY KATAFIAS: I'M KIND OF LIKE THE INSURANCE COMPANY FOR THE STATE. SO I'VE GOT SETTLEMENT AUTHORITY FOR THE STATE IF IT'S OVER $500. I GET THE SETTLEMENT BRIEFS FROM OUR DEPUTY ATTORNEY GENERALS. WE USUALLY HAVE A CONFERENCE CALL BEFORE A MEDIATION TO DISCUSS ANY CASES. THE PLAINTIFFS MAIL THEIR MEDIATION STATEMENTS TO THE COURT. I IMAGE THE STATEMENTS AND THEN E-MAIL THEM TO THE MEDIATORS. SO THE MEDIATORS AREN'T IN DIRECT CONTACT WITH THE INMATES. NARRATOR: UNTIL THE MEDIATION SESSION. MEDIATOR: MY NAME IS DORA LANE. I'M THE ASSIGNED MEDIATOR FOR YOUR CASE TODAY. AND IT IS MY PLEASURE TO MEET YOU. NARRATOR: IN CASES WITH MEDICAL ISSUES, EACH CORRECTIONAL FACILITY HAS A NURSING SERVICES DIRECTOR WHO PARTICIPATES IN MEDIATIONS AND SETTLEMENT CONFERENCES. THERESA WICKHAM: IF SOMEONE IS INFORMED AND THEY HAVE KNOWLEDGE, THEY'RE BETTER ABLE TO MAKE A GOOD DECISION, OR IF IT'S RELATED TO THE INMATE'S POINT OF VIEW, IT MIGHT BE PATIENT EDUCATION, WHERE NO ONE REALLY EXPLAINED TO HIM WHY HE'S NOT A CANDIDATE FOR SOMETHING OR WHY ONE METHOD OF TREATMENT WOULD BE PREFERABLE OVER ANOTHER. IF YOU'RE IN PRISON, THERE'S VERY LITTLE YOU CAN CONTROL ABOUT YOUR DAY-TO-DAY EXISTENCE, AND HERE IN THIS MEDIATION, THEY'VE GOT A VOLUNTEER MEDIATOR ATTORNEY, THEY'VE GOT 3 REPRESENTATIVES FROM THE STATE, AND THEY'RE ALL TREATING THIS PLAINTIFF WITH RESPECT, I THINK, IN ONE WAY OR ANOTHER, AND HE HAS OBVIOUSLY GOTTEN THE ATTENTION OF PEOPLE BECAUSE HE'S GOTTEN THIS FAR WITH HIS CASE. LANE: I WILL LET EVERYONE INTRODUCE THEMSELVES SO YOU ALL CAN HAVE AN OPPORTUNITY TO TALK TO EACH OTHER. LEWIS: I'M HALEY LEWIS, I AM THE DEPUTY ATTORNEY GENERAL ASSIGNED TO THIS CASE. HOLMES: I'M MICHAEL HOLMES, THE ASSOCIATE WARDEN AT LOVELOCK CORRECTIONAL CENTER. ROE: AND I'M BARRY ROE, THE STATE TORT CLAIMS MANAGER. LANE: ALL RIGHT, SO LET'S TALK A LITTLE BIT ABOUT THE MEDIATION PROCESS. WE'RE HERE TODAY TO TRY TO RESOLVE THE CASE INFORMALLY SO THAT THIS LITIGATION DOES NOT CONTINUE. THE MEDIATOR IS IN CHARGE OF THE FORMAT. THE COURT DOES NOT DICTATE THE PRECISE FORMAT THAT THE MEDIATOR USES, BUT IT'S A VERY INFORMAL PROCESS, AND IT LENDS ITSELF TO A LOT OF OPEN DISCUSSION. INMATE: THIS IS FROM THE DOCTOR'S REPORT, AND HE GAVE ME A BACK BRACE THAT I WAS REQUIRED TO WEAR FOR SEVERAL WEEKS, OK? I GOT BACK TO PRISON AFTER THE HOSPITAL, AND THE FIRST THING THEY DID WHEN THEY TRIED TO PUT ME BACK IN THE ROOM IS THEY TOOK AWAY THE MANDATED BACK BRACE, AND THAT'S WHY WE'RE HERE TODAY, IS I WANT TO BE COMPENSATED FOR THEIR LACK OF CARE. JUST BECAUSE I'M A PRISONER DOES NOT MEAN THAT I DON'T HAVE CONSTITUTIONAL RIGHTS. LANE: THANK YOU, MR. WILSON. NOW WE'LL TURN TO MS. LEWIS AND ASK HER TO PLEASE PROVIDE THEIR POSITION OF THE CASE. LEWIS: NDOC FEELS THAT WE ADEQUATELY TREATED THE PLAINTIFF'S BACK INJURY. HE WAS ALLOWED TO KEEP HIS BRACE FOR TWO WEEKS. AND THE MEDIATORS ARE ESSENTIAL TO HELPING US EXPLAIN ISSUES OF LAW THAT ARE COMPLICATED TO BOTH THE DEPARTMENT AND THE PLAINTIFF AND FIND COMMON GROUND AND FIND AREAS WHERE THERE SHOULD BE CONCERN. ROE: BUT IT'S DIFFICULT TO GET ANYWHERE UNTIL WE FIGURE OUT HOW MUCH MONEY HE'S ASKING FOR BECAUSE UNLESS THAT'S ACCEPTABLE, WE CAN'T HAVE ANY AGREEMENT. LANE: WELL, ACTUALLY I'D LIKE TO APPROACH IT DIFFERENTLY BECAUSE FROM WHAT I HAVE SEEN, I BELIEVE THAT THE MEDICAL TREATMENT IS THE HIGHEST PRIORITY HERE, AND SO I THINK IF WE CAN GET THERE, THERE WILL BE A WAY TO GET THERE ON THE MONETARY ASPECT, AS WELL. - OK. - ALL RIGHT. LANE: I WILL GIVE YOU SOME TIME. LEWIS: THANK YOU. HAROLD WICKHAM: WE CAN GO WITH SOME MONETARY, NONMONETARY ISSUES SUCH AS PROVIDING PROPERTY TO AN INMATE OR MAKING CLASSIFICATION CHANGES OR BASICALLY FIX WHATEVER THE LIABILITY WE HAVE. THERESA WICKHAM: WHEN IT'S A MEDICAL CASE, IT MIGHT BE SIMPLY--THE INMATE, "WELL, I WANT TO SEE A SPECIALIST." AND WE CAN MAKE THOSE APPOINTMENTS HAPPEN. A LOT OF TIMES, THAT IS BETTER THAN A MONETARY AMOUNT BECAUSE THE INMATE IS BECOMING MORE INFORMED ABOUT HIS OWN MEDICAL CARE AND HIS OWN MEDICAL CONDITION. AFTER THE 90-DAY PERIOD, THE ATTORNEY GENERAL'S OFFICE WILL FILE A STATUS REPORT WITH THE COURT TELLING US WHETHER THEY SETTLED THE CASE OR THEY WANT TO PROCEED WITH LITIGATION. NARRATOR: IN THE DISTRICT OF NEVADA... NEWMAN: WE HAVE--ABOUT 27% TO 30% OF ALL INMATE CIVIL RIGHT CASES IN THE DISTRICT ARE RESOLVED THROUGH INMATE MEDIATION. NARRATOR: JUDGE COOKE SAYS THAT THE COURT'S DISTRICT JUDGES ARE PLEASED BECAUSE THERE ARE 30% FEWER OF THESE CASES FOR THEM. PLUS, THE COURT'S STATISTICS SHOW THAT THERE'S BEEN NO INCREASE IN THE NUMBER OF SUCH CASES FILED. HARDCASTLE: THE INMATE EARLY MEDIATION PROGRAM HAS A TREMENDOUS VALUE TO THE STATE'S ATTORNEY GENERAL. FIRST OF ALL, WE ARE GIVEN AN OPPORTUNITY TO INEXPENSIVELY AND QUICKLY RESOLVE MANY CASES. THE VALUE TO THE STATE IS GETTING A JUMP ON THE MEDIATIONS, HAVING 1/3 OF THE CASES NOT GO THROUGH THE LITIGATION PROCESS, AND IT GIVES US A CHANCE TO GET AN EARLY LOOK AT A CASE IF WE MIGHT HAVE SOME TROUBLING ISSUES WITH IT. JAMES DZURENDA: SO THE MEDIATION CASES HAVE ACTUALLY HELPED US TO BE ABLE TO STRAIGHTEN OUT ISSUES AND DEVELOP POLICIES QUICKER. SO IT HELPS US TO TEACH US ABOUT WHAT WE'RE DOING WRONG, WHAT WE NEED TO CORRECT, WHAT WE NEED TO TEACH OUR STAFF, SO THAT WE DON'T CONTINUE THE SAME CASES OVER AND OVER AGAIN. IT DOES THE RIGHT THING THAT WE NEED TO DO TO PROTECT THE RESIDENTS IN THE STATE AND TO PROTECT THE INMATES. IF WE'RE DOING SOMETHING THAT'S WRONG, WE SHOULDN'T BE DOING IT. OFTEN, THE MEDIATORS ARE INVALUABLE IN HELPING US TO REACH SETTLEMENTS. BECAUSE THE MEDIATOR IS NEUTRAL, THE INMATE PLAINTIFF IS LESS LIKELY TO BE SUSPICIOUS OF THE MEDIATOR, AND THE MEDIATOR CAN HELP EXPLAIN THE PROCESS AND EXPLAIN THE CASE TO THE PLAINTIFF. LANE: OK, MR. WILSON. WE'VE GONE OVER YOUR DEMANDS SO FAR, AND I WOULD LIKE TO GO AND DISCUSS THEM WITH THE OTHER SIDE, BUT THERE'S A LITTLE BIT OF A STRATEGIC CONSIDERATION TO HOW WE PRESENT THEM, SO I WANTED TO DISCUSS THAT WITH YOU FIRST. WILSON: OK. CONNECTING ON BOTH SIDES IS REALLY IMPORTANT. IT'S STILL A PERSON DEAL, EVEN THOUGH IT'S JUST--I MEAN, IT'S A CASE IN COURT, AND IT'S GOT FACTS THAT HAVE OCCURRED, AND THERE'S A LAW THAT GOVERNS, BUT YOU STILL GOT TO GET TO THAT PERSONAL LEVEL, I THINK, SO... HAROLD WICKHAM: WE ALL LEARN SOMETHING FROM EVERY CASE. WE LEARN THE THINGS THAT WE DO GOOD AND THE THINGS THAT WE DO, UNFORTUNATELY, BAD. YES, IT DOES HAPPEN FROM TIME TO TIME, BUT WE LEARN A GREAT DEAL ABOUT THE PROCESSES, HOW THAT WE CAN SERVE THE PUBLIC BETTER. AND I'LL TELL YOU, IT WORKS GREAT. THE STAFF ACTUALLY START TO BUY INTO IT, THEY START TO UNDERSTAND THAT IT'S BETTER FOR THEM, IT'S BETTER FOR THE STATE. WE DON'T LOSE AS MUCH MONEY BASED UPON DOING THE SAME WRONG ISSUES OVER AND OVER AGAIN OR THE WRONG POLICY AND NOT CHANGE IT. KATAFIAS: IF THESE MEDIATIONS DID NOT TAKE PLACE, THERE WOULD BE ANOTHER 1/3 OF THESE CASES GOING THROUGH THE LITIGATION PROCESS. THEY WOULD BE GOING THROUGH THE DISCOVERY WITH THE ATTORNEYS WITHIN OUR OFFICE. THE COURTS WOULD HAVE TO BE RULING ON THE DISPOSITIVE MOTIONS, AND POTENTIALLY THE NINTH CIRCUIT WOULD HAVE TO BE RULING ON APPEALS. BUT YOU JUST FEEL GOOD WHEN... YOU FEEL LIKE YOU'VE DONE SOMETHING THAT HAS VALUE TO EVERYONE CONCERNED WHEN A CASE RESOLVES. THAT COUPLED WITH THE ABILITY TO PARTICIPATE WITH THE COURT AND TO ASSIST THE COURT AND TO OVERALL ASSIST THE COMMUNITY. NARRATOR: REGARDLESS OF OUTCOME, AT THE CONCLUSION OF EACH MEDIATION, THE COURT ASKS ALL PARTICIPANTS, INCLUDING THE INMATE, TO FILL OUT A SURVEY. JUDGE COOKE AND HER COUNTERPART IN LAS VEGAS, JUDGE GEORGE FOLEY, ARE THE ONLY ONES WHO EVER SEE THESE SURVEYS. THE COURT'S OTHER MAGISTRATE JUDGES ALSO HAVE QUARTERLY MEETINGS WITH ALL STAKEHOLDERS. BEAVERS: THE MAGISTRATE JUDGES DO A VERY IMPORTANT JOB OF REACHING OUT BOTH TO THE MEDIATORS, BOTH TO THE ATTORNEY GENERAL'S OFFICE AND TO THE INMATE PLAINTIFFS TO GET INPUT ABOUT HOW THE PROGRAM IS FUNCTIONING AND TO MAKE ADJUSTMENTS. MERCADO: FINDING DIFFERENT WAYS TO IMPROVE THE PROGRAM NOT ONLY THROUGH THE COURT-- THE COURT FACILITATES THAT, BUT IT HELPS ALL OF THE MEDIATORS AS WE GET TOGETHER TO BE ABLE TO ADDRESS SOME OF THE ISSUES THAT WE FACE AND SEE HOW WE CAN IMPLEMENT MAYBE WHAT SOMEBODY ELSE IS DOING. LEWIS: WE'RE WILLING TO NEGOTIATE ON THE MEDICAL TERMS AND SOME MONETARY VALUE BUT NOT $25,000. LANE: IS THERE A NUMBER THAT YOU'RE ACTUALLY WILLING TO RESPOND WITH? I FEEL LIKE WE'VE NOW STARTED A WHOLE NEW MEDIATION. BECAUSE $25,000 IS WELL ABOVE AND BEYOND PRIMARY CONCERNS WITH REGARD TO MEDICAL CARE AND CONCERN. NARRATOR: AS WITH ALMOST ANY INITIATIVE, THERE WERE PROBLEMS THAT HAD TO BE OVERCOME, ONE OF WHICH WAS SIMPLY MAKING SURE THAT THE INMATE COULD PARTICIPATE IN A VIDEOCONFERENCE. NEWMAN: THE PRISONS NORMALLY HAVE ONE VIDEO CAMERA, AND IT'S USED FOR PSYCHOLOGICAL PANEL, PAROLE HEARINGS, OTHER COURT HEARINGS, SO THE AVAILABILITY OF THE EQUIPMENT WAS THE INITIAL CHALLENGE. NARRATOR: THE RELATIVELY EASY SOLUTION WAS TO AGREE ON SET DAYS FOR MEDIATIONS SO THE VIDEO EQUIPMENT IS RESERVED. AS LONG AS YOU HAVE A PLAN, YOU HAVE A SET DATE, AND YOU STICK WITH THE PLAN, IT TAKES UP VERY LITTLE OF YOUR TIME TO SCHEDULE AND CONDUCT MEDIATIONS, AND BECAUSE SO MANY CASES ARE RESOLVED IN MEDIATION, IT REALLY ACTUALLY FREES UP TIME TO WORK ON THOSE CASES THAT CONTINUE ON LITIGATION TRACK. NARRATOR: AN ONGOING PROBLEM IS THE SHEER VOLUME OF CASES. EVEN THOUGH SHE OFTEN FEELS OVERWHELMED WITH 400 CASES TO ASSESS, PRO SE ATTORNEY GOODNIGHT BELIEVES IT'S IMPORTANT THAT ONLY SHE WORKS ON PRISONER CIVIL RIGHTS CASES. SO WE HAVE A COUPLE FREQUENT FILERS IN OUR DISTRICT, AND I'VE BEEN ABLE TO KNOW WHICH CLAIMS ARE DUPLICATIVE. THEY'RE FILING MULTIPLE CLAIMS, THE SAME CLAIMS, OVER AND OVER AGAIN, AND I'M ABLE TO SEE THAT, BUT IF YOU SPREAD IT AROUND STAFF ATTORNEYS, THEY MIGHT NOT NECESSARILY KNOW THAT UNLESS YOU'RE GOING INTO EVERY CASE TO LOOK AT WHAT THEY FILED. COOKE: I'M NOT GOING TO GRANT THE PRELIMINARY INJUNCTION. I'M ISSUING A REPORT AND RECOMMENDATION DENYING IT BECAUSE HE'S NOT LIKELY TO SUCCEED ON THE MERITS. NARRATOR: TO START A PROGRAM SUCH AS THIS SUCCESSFULLY, JUDGE COOKE'S ADVICE IS... JUDGE VALERIE COOKE: TO START SMALL, TO BE MODEST IN HOW YOU APPROACH THIS. YOU HAVE TO HAVE, IN MY VIEW, A JUDGE, IN YOUR DISTRICT WHO'S WILLING TO DO THIS WORK TO GET IT OFF THE GROUND. YOU WANT TO MAKE IT AS EASY AS POSSIBLE FOR OTHER PEOPLE TO MOVE THINGS FORWARD. SO YOU HAVE TO BE WILLING TO DO A LOT OF THE HEAVY LIFTING. I MEAN, THAT'S JUST WHAT YOU NEED TO DO. NARRATOR: MERCADO SAYS THAT WHEN IMPLEMENTING SUCH A PROGRAM, A COURT SHOULD BE SURE TO LET VOLUNTEER MEDIATORS KNOW THAT THEY ARE A VALUABLE ASSET TO THE COURT. MERCADO: AND SO I THINK IT'S IMPORTANT FOR ME CERTAINLY AS AN ATTORNEY TO KNOW THAT I AM INTERACTING WITH THE COURT IN A WAY THAT I'M NOT HERE AS AN ADVERSARY, THAT I'M NOT LOOKING FOR SOME KIND OF JUDICIAL RULING BUT INTERACTING WITH THE COURT AS TEAM MEMBER. I THINK IT'S SO IMPORTANT FOR JUDGES TO REALLY THINK ABOUT "WHAT CAN WE BE DOING BETTER? "WHAT WAYS CAN WE SHIFT? "HOW CAN WE CHANGE TO PROVIDE JUSTICE TO THE CITIZENS OF OUR COUNTRY?" AND THAT REQUIRES INNOVATION AND HARD WORK AND RISK AND SOMETIMES BEING UNPOPULAR. LANE: I'M HAPPY TO REPORT THAT WE'VE REACHED A SETTLEMENT, AND THAT SETTLEMENT WILL BE PLACED ON THE RECORD. MR. WILSON, DO YOU UNDERSTAND AND AGREE TO THIS, SIR? WILSON: YES, MA'AM. LANE: THANK YOU. COOKE: WE WORRY ABOUT ACCESS TO JUSTICE, AND THE MARKETPLACE IS STARTING TO FILL WHAT IS PERCEIVED TO BE A GAP IN LEGAL SERVICES. IT TROUBLES ME BECAUSE OUR COURTS IN MY VIEW SHOULD BE THE PRINCIPAL PLACE WHERE OUR CITIZENS CAN COME TO RESOLVE THEIR DISPUTES, AND IT SHOULD BE AN EFFICIENT, SPEEDY, AND JUST RESOLUTION JUST LIKE RULE 1 TELLS US. IF YOU'D LIKE MORE INFORMATION ABOUT THE DISTRICT OF NEVADA'S INMATE EARLY MEDIATION PROGRAM, CONTACT MAGISTRATE JUDGE VALERIE COOKE AT THE PHONE NUMBER OR E-MAIL ADDRESS ON THE SCREEN. WE HOPE THAT YOU FOUND THIS PROGRAM HELPFUL. IF YOU HAVE QUESTIONS OR COMMENTS ABOUT IT OR IF YOU HAVE IDEAS FOR OTHER TOPICS YOU'D LIKE US TO COVER, PLEASE CONTACT OUR PRODUCER DAVID KOLM AT THE E-MAIL ADDRESS ON THE SCREEN. WE ALWAYS APPRECIATE YOUR WATCHING "COURT TO COURT." THANK YOU.

Contents

Current judges

# Title Judge Duty station Born Term of service Appointed by
Active Chief Senior
24 Chief Judge Gloria Navarro Las Vegas 1967 2010–present 2014–present Obama
25 District Judge Miranda Du Reno 1969 2012–present Obama
26 District Judge Andrew Patrick Gordon Las Vegas 1962 2013–present Obama
27 District Judge Jennifer A. Dorsey Las Vegas 1971 2013–present Obama
28 District Judge Richard Franklin Boulware II Las Vegas 1968 2014–present Obama
29 District Judge vacant
30 District Judge vacant
13 Senior Judge Lloyd D. George Las Vegas 1930 1984–1997 1992–1997 1997–present Reagan
14 Senior Judge Howard D. McKibben Reno 1940 1984–2005 1997–2002 2005–present Reagan
18 Senior Judge Roger L. Hunt Las Vegas 1942 2000–2011 2007–2011 2011–present Clinton
19 Senior Judge Kent Dawson Las Vegas 1944 2000–2012 2012–present Clinton
20 Senior Judge Larry R. Hicks Reno 1943 2001–2012 2012–present G.W. Bush
21 Senior Judge James C. Mahan Las Vegas 1943 2002–2018 2018–present G.W. Bush
22 Senior Judge Robert Clive Jones Reno 1947 2003–2016 2011–2014 2016–present G.W. Bush

Vacancies and pending nominations

Seat Seat last held by Vacancy reason Date of vacancy Nominee Date of nomination
4 Robert Clive Jones Senior Status February 1, 2016
8 James C. Mahan June 29, 2018

Former judges

# Judge State Born–died Active service Chief Judge Senior status Appointed by Reason for
termination
1 Alexander White Baldwin NV 1835–1869 1865–1869  Lincoln death
2 Edgar Winters Hillyer NV 1830–1882 1869–1882  Grant death
3 George Myron Sabin NV 1833–1890 1882–1890  Arthur death
4 Thomas Porter Hawley NV 1830–1907 1890–1906 B. Harrison retirement
5 Edward Silsby Farrington NV 1856–1929 1907–1928 1928–1929 T. Roosevelt death
6 Frank Herbert Norcross NV 1869–1952 1928–1945 1945–1952  Coolidge death
7 Roger Thomas Foley NV 1886–1974 1945–1957 1954–1957 1957–1974 F. Roosevelt death
8 John Rolly Ross NV 1899–1963 1954–1963 1961–1963  Eisenhower death
9 Roger D. Foley NV 1917–1996 1962–1982 1963–1980 1982–1996  Kennedy death
10 Bruce Rutherford Thompson NV 1911–1992 1963–1978 1978–1992  Kennedy death
11 Harry E. Claiborne NV 1917–2004 1978–1986 1980–1986  Carter impeachment and conviction
12 Edward Cornelius Reed Jr. NV 1924–2013 1979–1992 1986–1992 1992–2013  Carter death
15 Philip Martin Pro NV 1946–present 1987–2011 2002–2007 2011–2015  Reagan retirement
16 David Warner Hagen NV 1931–present 1993–2003 2003–2005  Clinton retirement
17 Johnnie B. Rawlinson NV 1952–present 1998–2000  Clinton appointment to 9th Cir.
23 Brian Sandoval NV 1963–present 2005–2009 G.W. Bush resignation

Chief judges

Chief judges have administrative responsibilities with respect to their district court. Unlike the Supreme Court, where one justice is specifically nominated to be chief, the office of chief judge rotates among the district court judges. To be chief, a judge must have been in active service on the court for at least one year, be under the age of 65, and have not previously served as chief judge. A vacancy is filled by the judge highest in seniority among the group of qualified judges. The chief judge serves for a term of seven years or until age 70, whichever occurs first. The age restrictions are waived if no members of the court would otherwise be qualified for the position.

When the office was created in 1948, the chief judge was the longest-serving judge who had not elected to retire on what has since 1958 been known as senior status or declined to serve as chief judge. After August 6, 1959, judges could not become or remain chief after turning 70 years old. The current rules have been in operation since October 1, 1982.

Succession of seats

Courthouses

Las Vegas

The Lloyd D. George Federal District Courthouse is the home for the district court in Las Vegas. The building of the courthouse was completed in 2002 [1] and was the first federal building built to comply with the post-Oklahoma City blast resistance requirements. Blast-resistance tests for the project were conducted at the Department of Defense’s Large Blast Thermal Simulator in White Sands, New Mexico to validate building performance under blast loads.[2]

On January 4, 2010, a single gunman, identified as Johnny Lee Wicks, aged 66, went inside the lobby of the courthouse and opened fire, fatally wounding a security officer before being killed himself by return fire from other security officers and U.S. Marshals. Senators Harry Reid and John Ensign, both of whom had offices in the courthouse building, were not present when this happened. Wicks was apparently angry over the outcome of a legal dispute over his Social Security benefits.[3][4]

Reno

The Bruce R. Thompson Courthouse and Federal Building was completed in 1996. The building's primary tenants are the U.S. District Court, U.S. Marshals Service, U.S. Probation and Pretrial Services, Nevada Senators, and the Corporation for National Community Services.[5]

See also

References

Notes

  1. ^ "Home". Thornton Tomasetti.
  2. ^ "Archived copy". Archived from the original on 2013-05-16. Retrieved 2013-07-23.
  3. ^ "Court officer killed, marshal wounded in shooting inside Las Vegas courthouse".
  4. ^ "Courthouse gunman had history of brushes with law". 5 January 2010.
  5. ^ "Building Information". www.gsa.gov.

External links

This page was last edited on 12 January 2019, at 00:10
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