Washington Business and Technology Institute - PAJ FORUM 5 (Public Administration & Judicial Forum)

PPAA18 ***** 4:56 p. m., Saturday, May 8, 2004 #First Edition *****
Washington Business and Technology Institute (WBTI)
http://communitylink.reviewjournal.com/lvrj/wbti
Advisory Board: Governor Kenny Guinn, Chairman; U. S. Senators Harry Reid and John Ensign, Vice Chairmen; U. S. Representatives James Gibbons and Shelley Berkley, and Las Vegas Mayor Oscar Goodman, Executive Directors.
U. S. Secretary of Labor Elaine Chao
Chairperson
Dr. Tony T. Lei
President
District Judges Mark Denton and Valorie Vega
Vice Presidents
Dr. William N. Thompson
Director of Public Administration Institution
Dr. E. Lee Bernick and Dr. G. Keong Leong
Deans of Graduate School of Business and Public Administration
Dr. Sue Fawn Chung
Director of Culture Institution
Justice of the Supreme Court William Maupin, Attorney General Brian Sandoval, and District Judge Stewart Bell, Honorary Chairmen of Clark County District Attorney and Police Civil Commission (CCDAPCC)
District Attorney David Roger and Clark County Sheriff Bill Young
Chairmen of CCDAPCC
(702) 255-9058
*It's our pleasure to pay a tribute to the above officials who dedicate to the civic and community service spects of our organization in an honorary or adjunct capacity.
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Activist jailed for circulating tax petitions
--- Police arrest pair seeking signatures for vote to challenge legislative action
By REVIEW-JOURNAL CAPITAL BUREAU*1
Through the courtesy of Las Vegas Review-Journal (LVRJ), Public Administration Institution (PAI) of Washington Business and Technology Institute (WBTI) post the following report of the LVRJ's publication on the same day:
Saturday, May 08, 2004
Copyright @ Las Vegas Review-Journal
Activist jailed for circulating tax petitions
Police arrest pair seeking signatures for vote to challenge legislative action
By ED VOGEL
REVIEW-JOURNAL CAPITAL BUREAU
CARSON CITY -- Longtime political activist Janine Hansen said Friday her arrest while circulating petitions at a Reno bus terminal is the latest example of government officials trying to stop legitimate political activity.*2
"They are trying to kill the petitions," Hansen said after spending six hours in a holding room at the Washoe County Jail. "It's like my brother Dan said: 'He has rights who is willing to assert them.' We were asserting them. If you don't take a stand, bureaucrats will run over you, no matter what the law is."
Reno police arrested Hansen and her 25-year-old son, Zack Triggs, about 6:30 p.m. Thursday after they refused to leave the Regional Transportation Commission's Citifare bus terminal, where they were gathering signatures on petitions. They were released on their own recognizance and ordered to appear in court May 27 on trespassing charges.
They are members of Nevadans for Sound Government, which is circulating petitions to force a public vote in November to repeal the $833 million tax increase approved last year by the Legislature and to block government employees from being in the Legislature.
"They told us to stop gathering signatures," Janine Hansen said. "I told them their policy was a violation of state law. We said we could and we weren't going to stop, so they arrested us. We aren't going to follow some illegal edict by a petty bureaucrat."
George Harris, the leader of Nevadans for Sound Government, said last week the petition gathering may fall short because of continued obstacles and harassment of petition circulars.
"This puts the icing on the cake," Harris said. "It shows conclusively we have been harassed. We are sick of it."
But Stanyan Peck, the Regional Transportation Commission lawyer, said Hansen could not collect signatures because she refused to fill out an application form that lists restrictions on gathering signatures at the bus station.
Although it could take as long as two days for him to approve the application, Peck said, it generally takes less than a day, and sometimes only 10 minutes.
"Her position is she doesn't have to do anything," Peck said. "She never told me what the petitions were. We have had six or seven other organizations fill out the paperwork, and they have had the ability to circulate petitions with no problems whatsoever."
Hansen's brother, Joel, a Las Vegas lawyer, plans to ask the state Supreme Court for a 60-day extension for gathering signatures, alleging harassment of circulators. Signatures are due May 18.
Less than two weeks ago, people were prevented from collecting signatures at a Department of Motor Vehicles office in Reno. The governor's office admitted that was a mistake and informed DMV managers that people have a right to circulate petitions.
The Hansens also are leaders of the Independent America Party of Nevada, founded by the late Dan Hansen. Christopher Hansen of Henderson, the party's current chairman, filed a complaint with the secretary of state over the DMV incident. The attorney general's office is investigating.
Janine Hansen said she told Peck in advance that she planned to petition at the bus station and informed him of Secretary of State Dean Heller's order last Sept. 17, which states petition gatherers do not have to give advance notice of activities. Janine Hansen said following the RTC guidelines could have prevented her from gathering signatures for five days.
Peck said he thought the secretary of state was "exceeding his jurisdiction" in denying the RTC's right to require advance notice on petition gathering efforts.
Heller was away Friday on family business. Deputy Secretary of State Renee Parker said she told Peck about the order Friday that no advance notice was required.
"Only a court can designate whether a waiting time is reasonable. Whether they can impose other instructions is more for the court to decide."*3
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References
*1. REVIEW-JOURNAL CAPITAL BUREAU with the Author Ed Vogel.
*2. Vogel, Ed. 'Activist jailed for circulating tax petitions
--- Police arrest pair seeking signatures for vote to challenge legislative action,' "Las Vegas Review-Journal," (May 8, 2004), Las Vegas, Nevada: reviewjournal.com.
*3. Ibid.

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PPAA18 ***** 4:59 p. m., Sunday, May 2, 2004 ***** #First Edition
Washington Business and Technology Institute (WBTI)
http://communitylink.reviewjournal.com/lvrj/wbti
Advisory Board: Governor Kenny Guinn, Chairman; U. S. Senators Harry Reid and John Ensign, Vice Chairmen; U. S. Representatives James Gibbons and Shelley Berkley, and Las Vegas Mayor Oscar Goodman, Executive Directors.
U. S. Secretary of Labor Elaine Chao
Chairperson
Dr. Tony T. Lei
President
District Judges Mark Denton and Valorie Vega
Vice Presidents
Dr. William N. Thompson
Director of Public Administration Institution
Dr. E. Lee Bernick and Dr. G. Keong Leong
Deans of Graduate School of Business and Public Administration
Dr. Sue Fawn Chung
Director of Culture Institution
Justice of the Supreme Court William Maupin, Attorney General Brian Sandoval, and District Judge Stewart Bell, Honorary Chairmen of Clark County District Attorney and Police Civil Commission (CCDAPCC)
District Attorney David Roger and Clark County Sheriff Bill Young
Chairmen of CCDAPCC
(702) 255-9058
*It's our pleasure to pay a tribute to the above officials who dedicate to the civic and community service spects of our organization in an honorary or adjunct capacity.
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The people who elect the judges and the people who judge the judges
By PAI of WBTI*1
The Public Administration Institution (PAI) post the following information by getting rid of a judgement:
Sunday, May 02, 2004
Copyright @ Las Vegas Review-Journal
JUDICIAL REVIEW: Lawyers judge judges' performance
--- To District Judges Jessie Walsh and Kathy Hardcastle the survey is little more than an exercise in petty bickering and chauvinistic behavior designed to even perceived slights. Eight of the 10 judges with the lowest retention scores are women.*2
Most jurists favor analysis, but some say it's not an accurate evaluation
By DAVE BERNS
REVIEW-JOURNAL
***Family Court Judge T. Arthur Ritchie Jr. ranked second among judges included in the survey with a retention rating of 95 percent from lawyers who critiqued him. He believes that some participating lawyers do not realize "how negative some of the comments are, how personal the comments are, and it's not really constructive."
Photo by Gary Thompson.
***Clark County District Judge Stewart Bell scored a retention rating of 92 percent from lawyers who believe the former Clark County district attorney should remain in his job as a freshman judge. Bell said he disregards the positive and negative comments at the extremes, and instead looks for guidance from the suggestions in the middle.
Photo by Jim Laurie.
***Clark County District Judge Kathy Hardcastle says she believes the survey is little more than an exercise in petty bickering and chauvinistic behavior designed to even perceived slights. "You're going to have a certain percentage of the bar who's going to be upset, and they treat the women judges differently," Hardcastle says.
Photo by Clint Karlsen.
***Richard Morgan, dean of the Boyd School of Law at the University of Nevada, Las Vegas, is convinced that most of the lawyers who participated in the latest edition of the judicial survey tried to fairly assess the judges.
Photo by Craig L. Moran.
Las Vegas Justice of the Peace James Bixler received the highest retention rating of the 60 judges surveyed, with 96 percent of the lawyers who critiqued him saying they would recommend that he be re-elected to the bench. "I love this job. It's a wonderful job, the freedom to control your own calendar to work at your own pace," Bixler says.
***Photo by Gary Thompson.
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They rule over a contentious world of prosecutors and criminals, angry spouses and frustrated plaintiffs. It's a tightly wrapped setting where few people openly critique their performance. After all, what attorneys want to risk the wrath of judges who control much of their professional fate?
Judicial evaluations are rare. In Nevada, they come once every four or six years when voters have their say. But how are judges to know what their regular clientele -- lawyers -- think of their day-to-day work?
For 12 years, the Review-Journal and the Clark County Bar Association have joined to produce a once-every-two-year analysis of judicial performance. In this year's edition, 3,365 bar association members who have paid their dues and do not face disciplinary action received mailed and e-mailed requests to rate 60 state, county and local judges via the Internet, the first time the survey has been conducted online.
Las Vegas Justice of the Peace James Bixler received the highest retention rating of the 60 judges surveyed, with 96 percent of the 183 lawyers who critiqued him saying they would recommend that Bixler be re-elected to the bench.
Family Court Judge T. Arthur Ritchie Jr. ranked second with a retention rating of 95 percent from 135 lawyers. Justice Court Judges Rodney Burr and Stephen Burr followed with scores of 94 percent.
Lawyers were asked to only rate judges they have appeared before during the past two years.
A good share of the jurists say the ratings serve a valuable purpose, a chance to receive feedback that can spark change. It has led judges to change their courtroom demeanor or to alter practices that caused confusion.
"I think there's a value in the exercise in that I will try to study and take to heart those things that were said with an eye toward improvement," said District Judge Stewart Bell.
"I think it can be a learning tool," added Nevada Supreme Court Justice Michael Douglas, who was recently appointed to his post after serving as a Clark County District Court judge. "Sometimes you get comments about your staff. Sometimes you think, 'Do I do that?' "
Others see the survey as a flawed effort that doesn't accurately gauge judicial performance, one that fails to account for weekends sacrificed to case preparation or after-hours courses taken to improve knowledge of civil and criminal procedure. The critics say the thoughts of jurors, litigants and court staff should also be included.
To District Judges Jessie Walsh and Kathy Hardcastle the survey is little more than an exercise in petty bickering and chauvinistic behavior designed to even perceived slights. Eight of the 10 judges with the lowest retention scores are women.
Walsh received the lowest score among the 60 judges. Her 31 percent retention figure was down from a 51 percent rating two years ago when she served as a Municipal Court judge. Hardcastle earned a retention rating of 67 percent, relatively low by the survey's standards but high enough to keep her out of the bottom 10.
"I think it is what it is," Walsh said. "I was elected by the citizens and not by a handful of disgruntled lawyers."
While judges and lawyers agree there is room for disagreement over interpretations of the law, they say the traits of a good jurist are clear: someone who is fair, firm, unbiased, attentive, patient and acts in a dignified manner.
"No, you don't have to be the smartest guy in the room. What you have to have is a good set of radar, a sense of what somebody is saying," said Bill Dressel, president of the National Judicial College in Reno.
Southern Nevada's hypergrowth has created challenges for the region's judicial system, added Dressel, a former Colorado judge, who heads the college attended by rookie and longtime jurists seeking to improve their performance. The monthly influx of 6,000 to 7,000 new residents contributes to a lack of confidence in the courts, he said. As a result, new residents are not familiar with judges, the prosecutors and police, and their word may carry less weight for newcomers.
"People have to get back the concept that this is your court. That's your biggest hurdle that you've got to overcome in Southern Nevada," Dressel argued. "There's a disconnect. It means they don't have this confidence built into the system. Reno is growing too, but people are familiar with the judges of Northern Nevada. They think, 'This is my judge, and my judge will do the right thing.' "
Of all the pitfalls that come with a judgeship there's one that can be fatal to any judicial career. They call it black robe disease, a sign of judicial arrogance.
"There are people on the bench who throw their weight around, who forget that they're there to serve people (and instead) behave impolitely, imperiously," Dressel said.
Judges displaying signs of that affliction have been known to face electoral opposition from angry lawyers, but Richard Morgan, dean of the Boyd School of Law at the University of Nevada, Las Vegas, is convinced that most of the lawyers who filled out the latest judicial survey tried to fairly assess judges.
"There's always going to be some segment of the evaluators who may do things for suspicious reasons because they want to get back at a judge for a ruling they didn't like, but in general I think lawyers who complete these evaluations try to be fair," he said.
Nevertheless, Walsh, the freshman district judge, said she has heard of male lawyers getting together to drink beer and rip female judges while jointly filling out the surveys, a claim the Review-Journal has not been able to verify. Hardcastle is equally outspoken in her criticism of the approach she says some lawyers adopt toward female judges when filling out the survey or appearing before them in court.
"You're going to have a certain percentage of the bar who's going to be upset, and they treat the women judges differently. I don't notice it so much now as when I first began," Hardcastle said. "There's a lack of formality and respect that they give to the (women) judges. I think they test the female judges more than they do the men. We see it as much or more from the female lawyers."
UNLV's Morgan said such talk is not uncommon in the legal profession, which did not experience a major influx of women until the 1970s. Concerns about courtroom bias have led bar associations and law schools throughout the country to study the issue.
"Sure it's possible there's some gender bias out there. One would hope to the extent it's out there it's unconscious bias ... and efforts to keep sensitizing lawyers and judges will be successful," Morgan said. "That's not to say I'm agreeing there's gender bias in the case of whoever these eight women (judges) are, but the possibility of gender bias is something bar associations and courts around the country have examined with some frequency over the last couple of decades."*3
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References
*1. PAI of WBTI is the initial of Public Administration Institution of Washington Business and Technology Institute (WBTI).
*2. Dave, Berns, 'JUDICIAL REVIEW: Lawyers judge judges' performance,' "Las Vegas Review-Journal," (May 2, 2004), Las Vegas, Nevada: WBTI.
*3. Ibid.

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