Monday, October 18, 2010

Candelaria Decision Posted

The Nevada Supreme Court has issued its decision in In re Candelaria.

As you may remember, this was the case of Boyd Law student graduate Amber Candelaria, who attempted to meet the judicial candidacy requirements of NRS 4.010(2)(a) for justice of the peace by relying on her invoice from the State Bar requiring her to pay the dues of a fifth year attorney.

Justices Cherry and Saitta were "deeply troubled" by the majority justices defining a year as (generally) 365 days, and filed a dissent to the opinion. Hooray for elected judges!

(Opinion; Thanks, Tipsters!)

70 comments:

Anonymous said...

You mean Cherry and Saita agreed on something???? SHOCKER!

Anonymous said...

It is amazing. This broad's ambition is so high and her respect for the justice system so low. Anyone who cares would know that at least 10 years of REAL law is the bare minimum required to be a moderately decent judge. Here, she fights to get her fat ass on the bench because it's a pay day and a stepping stone to a PERS pension.

F'you, Amber.

Anonymous said...

She's not a Boyd Law student. She's a Boyd Law grad. Even in Nevada, students can't run for judge.

Anonymous said...

I would add, 8:24 AM, that the 10 years of experience should actually be obtained as a practicing courtroom attorney.

The Clark County bench, top to bottom, is a hodgepodge of failed lawyers, government attorneys, and administrative hacks. In the entire County, there are only a few judges who were actually ever competent courtroom lawyers - and those few come almost exclusively from the DA's office. The balance are mostly people like Jesse Walsh - an attorney, nominally, who fumbled around with an unsuccessful private practice for a few years before finding a place to hide in some second-rate govenment job. Others, like Stefany Miley - certainly an attractive and seemingly well-mannered woman - were never successful at anything at all before becoming judges. Anyone who knew Stefany as an attorney snickered when she was elected to the District Court bench.

Amber, even with her complete absence of any real legal work experience, would not be any more incompetent than most of the boobs who occupy the Clark County bench now. Does anyone really think she's be any worse as a JP than some of the idiots who occupy those positions now?

Anonymous said...

Just to remind everyone, the five-year rule to be a JP came into effect after Joe Bonaventure was elected before his JD sheepskin dried.
He was elected because voters thought he was his father, now senior judge Joe Bonaventure.
Two thoughts: Bonaventure turned out to be a pretty good JP after a warm up period.
More important, let's go to merit selection and avoid the Mileys, the Walshs and the other nice but incompetent attorneys who want to be judges.

Anonymous said...

Who is Amber Candelaria and how did she become so well-connected? She pops up on this blog now and again, but no one seems to know who she is.

Anonymous said...

Heh. 8:43 said "boobs."

Anonymous said...

@9:27: She runs the self-help center at Family Court. She is very nice and one day she will make a good attorney and perhaps even a fine judge.
Her only sin is one I'd like to have: She's too young to be a judge.
Oh, and she's quite attractive.

Anonymous said...

Being attractive is the primary qualification for being a judge. (It doesn't hurt if you have good boobs, it is Vegas after all.)

Anonymous said...

1) She's a terrible, back-stabbing person. Smiles a lot but would step on her mother to gain an inch.

2) She's "almost" attractive, like strippers and female real estate agents. Not ugly, but not pretty enough to rely on her looks.

Anonymous said...

This lady is a joke. But, I do wonder why the State Bar is allowed to calculate years of experience in such a way that we all end up paying 5 year dues before we've been practicing 5 years...

Anonymous said...

Any dirt on her?

Anonymous said...

You all are a bunch of hacks.
Female attorneys and judges are judged on their physical attributes, not their intellectual prowess.

Anonymous said...

Agree with 10:45 - she certainly can't be called "quite attractive". She's just okay looking. Cannot comment on whether she's nice or not, I don't know her well enough. But she's got some serious gall to run for State Bar BOG and a judicial position before she's ever really been a lawyer. That, my friends, is known as hubris. It works here in Nevada where idiots regularly become elected judges. It wouldn't work in most of the rest of the US, where people are, ya know, smarter.

Anonymous said...

She's also a member of the board of governors for the state bar I think. Which raises the question if she had such a problem with the calculation of service years, why didn't she attempt to change it?

I have more of a problem with her not actually practicing law than I do with her time out of school. Her focus has been on helping pro pers petition family court, how the fuck does that prepare her to sit in Justice Court? She has unmitigated disaster written all over her.

Bonaventure Jr., who is a hell of a judge, may have had little time out of law school prior to taking the bench but at least he practiced in the area of law that Justice Court covers. Candelaria can't even come close to saying she's been in a courtroom, let alone one that covers civil and criminal law.

Anonymous said...

You guys should unbunch your panties. Rural justices of the peace don't even have to have a ticket and some of them are every bit as fair, competent and learned as their big city counterparts. Just saying.

Anonymous said...

Rural judges are flipping retards who just jam up the out of towners on their speeding tickets. There is no way you are telling me that a rural judge would even be remotely competent with the caseload in Vegas. And if you bring up VanLandshoot, I'm goign to punch you in the junk.

Anonymous said...

I don't know why there's such an uproar over whether this attorney is qualified to be a JP. Have you been to any of the cow counties? Do you know what it takes to be a JP outside of Clark and Washoe?

Hell, Candelaria has more legal experience than some of the DJs in those counties had when they were elected. The 5/10 year rules are only five years old themselves.

Anonymous said...

11:36 - The JP in Pahrump had the highest caseload in the state before they created the new seat in '08. Some of the rural JPs have Vegas-sized caseloads. And they are not required to have any legal training.

Anonymous said...

There does seem to be a double standard of what is sufficient. Two clark county JP seats Mesquite and Bunkerville both have non-lawyers.

Anonymous said...

Maybe Ms. Candelaria should apply for this 40K a year job:

Small busy boutique law firm is seeking to hire an entry level associate attorney with 0-2 years experience that is willing to learn civil litigation (the right way), who is not afraid of hard work and long hours, and who is conscientious and has great attention to detail. You will learn to litigate here and will not be stuck in a closet logging discovery, but if you are not a hard worker and a quick learner, this position is not for you. Must have passed the Nevada bar and be licensed here. Please do not apply if you have more than 2 years of experience, as we do not want to inherit bad legal habits. Please email resume and cover letter for consideration.


•Location: Downtown
•Compensation: $40K/annually to start

Anonymous said...

I wait for the day my practice is all federal court. The EJDC sucks and is hardly any better than some third world banana republic tribunal run by hacks and floosies.

Anonymous said...

@10:45 #2 classic description nicely done

Anonymous said...

"Please do not apply if you have more than 2 years of experience, as we do not want to inherit bad legal habits."

Isn't that another way of saying 'we can't afford to pay an experienced attorney'?

Are there really lawyers working for $40k? That's terrifying and means we're admitting way too many attorneys each year.

Anonymous said...

What firm is that 40k post for? I'm curious.

Anonymous said...

Heck, I will hire 2 or 3 if there are attorneys who are willing to work for $40K and can:

(1) find the RJC;
(2) write in relatively complete sentences and know how to use spell check; and
(3) speak English.

That is a far sight cheaper than a good paralegal and I can send them to court on their own.

Anonymous said...

"We'll pay you less-than s*it but you'll learn to be awesome, like us." Sounds like Moran's recrutiing spiel for law clerks - maybe they're now using it for junior associates, too.

Anonymous said...

Doesn't the fact that she really wants to be a JP mean anything?

Anonymous said...

The job posting came from craigslist with no identifying firm info...it should say don't apply if u "like money" (think Frito from Idiocracy)

Anonymous said...

DA AND JUSTICE CT.

Recently, District Attorney Candidate Don Chairez ran a commercial illustrating how justice within our District Attorney's office is dependent on the amount of money contributed to DA Daivd Roger's campaign, in particular David Chesnoff and Associates (520 S. 4TH ST.). The amount $10,000 from David Chesnoff is conservative as it does not take into account the monies donated through Mrs. Chesnoff and Chesnoff Assocites. To the informed eye, the amount is closer to $50,000.
The same situation is true for David Roger's partner in crime Bernie Zadrowski, Dept 14. While most attorney contribute approx. $250.00 the Chesnoff Associates contributions are almost $10,000. Is justice for sale? You betcha. With Bernie and David justice is also dependent on political favors.

SNIPPET of Bernie's 2010 Campaign Report
David Chesnoff $2000 1-22-10 520 So. 4th St
Richard Schonfeld $2000 1-22-10 520 So. 4th St.
David Brown $1000 1-22-10 9804 Highridge Dr. Residence
Luis J Rojas $250 2-22-10 520 So. 4th St
Joseph Momot $500 4-13-10 520 So. 4th St
John Momot $2000 4-14-10 520 So. 4th St
Michael Sfant $500 5-27-10 520 So. 4th St

And what's up with the hundreds of thousands donated to David Roger from strip clubs? Does anyone remember what happened with the Galardi plea deal???

Anonymous said...

1:47 PM - Thanks!

Anonymous said...

It's Sanft you fucktard.

Anonymous said...

What the hell is Zadrowski doing with all the campaign cash? He's certainly not running any commercials.

Also, what does everyone think about the Kuzemka spot that slams Bill Kephart?

Anonymous said...

@3:34p/Mr. Sanft:

Why so defensive about the spelling of your last name? Wow.

Anonymous said...

Kuzemka is a terrible lawyer and a bulldyke.

Anonymous said...

12:58pm - Of course we're admitting too many attorneys. Law of supply & demand doesn't change for our profession; too many attorneys means can get 'em to work for peanuts. Which was the idea behind
Boyd from the start.

Anonymous said...

5:22 PM - The flip side of abundant supply is more consumer choice, greater innovation and lower prices for those who need it the most.

For the sake of justice and the common man, I think we need more attorneys. We also need more doctors, engineers and a lot fewer bureaucRats.

Anonymous said...

Bernie is running commercials . . . on the radio. The one I heard may be the stooooopidust of all time. I will not vote for him now after hearing it. His decision to air it proves he has no common sense whatsoever.

Anonymous said...

From the opinion: "Specifically, Candelaria has failed to comply with NRAP 44. Under NRAP 44, when a party challenges the constitutionality of a legislative act in a proceeding before this court and in which the state is not a party, the party asserting the challenge must give written notice to the clerk of this court, so that the clerk can certify the fact to the attorney general. Here, Candelaria did not provide the clerk with written notice of the constitutional challenge."

You would think the brain trust over at L&R including appellate hotshot Polsenberg and a former Boyd Legal Writing Professor would have at least followed the Nevada Rules of Appellate Procedure. (Did I just open the door to a new round of Boyd bashing?)

Anonymous said...

Cherry and Saitta don't know sh*t from apple butter. They certainly are the reason for appointed, as opposed to elected judges, being the two largest morons we have on the bench. Between the two of them, they might be lucky to have a quarter of a brain.

Anonymous said...

Bernie has billboards running too.

2:04 - Chesnoff and Schonfeld are partners, but the rest of the attorneys you listed are merely in the same building.

They have their own practices. They don't work for Chesnoff. That's like saying Nick Santoro works for Bob Vannah because they're all in the [former] Community Bank building together.

Anonymous said...

Some of the information on here is interesting, but a lot is nothing more than negative gossip, and shades of cyberbullying anonymously. Obviously some on here were either bullies in school and continue there ways or were bullied and seek to get back at others through anonymously cyberbullying others. And you know which ones I am speaking of. If you do not like them system then change it, and if you feel someone should not be a judge then run against them or support someone else running against them. At least Candelaria had the courage to try. As for those eaten up with negative thoughts, you can look forward to illness such as heart trouble, emphysema or worse. These are illnesses caused by the negative emotions you harbor.

doG

Anonymous said...

9:08 (doG) - Thank you for looking out for our well being. So few people care these days.

Now, take a deep breath and relax. This is the forum for juvenile gossip and sophmoric jabs. It's a nice distraction from the stress of the daily grind.

As for your cyberbullying crap - if you're thin skinned, perhaps you should seek out a Disney blog and leave us alone. And don't get me started on the whole you people are going to get gravely ill from ...

F'you.

Anonymous said...

You could say courage, or you could say that trying to lower the standard of judges from 5 years being licensed to 4 is impetuous and foolish.

Then again, winning a JP bench is like winning $1,000,000 in salary and benefits paid out over the next 6 years. So there's a tangible incentive.

I suspect there would be slightly more sympathy if she had been a standout lawyer with a few significant trials, a federal or even state supreme court clerkship, a noteworthy legal publication, or SOMETHING that made her deserve consideration of changing the interpretation of the law.

Anonymous said...

Um 10-18-10 @ 8:24 I went to law school with Amber and she is no fat ass. In face she has a great ass.

Anonymous said...

Her face has an ass??

Anonymous said...

10:00 AM = Amber, admiring her own fat ass.

Anonymous said...

The whole bullying thing is so played out these days. In real life people are mean to each other. Suck it up or go jump off a bridge.

Anonymous said...

The American economic system is based upon people being mean to one another. The idea that people can be gentle and kind and compassionate and still prosper is what has us in the current economic mess. Join the TeaPartyExpress. They understand that for America to return to its past greatness, we need to become meaner!

It's a dog-eat-dog world and some of you are wearing MilkBone underwear.

Anonymous said...

That's great, except the Tea Party Express is predicated on miseducating the public about the facts, raising an issue of taxes that nobody wants to impose (except on 1% of the population - some of us), and excoriating Obama about a deficit and two wars he inherited from the prior administration who believed that deficits are an artificial construct that should be ignored. Good for you; create then pander to morons and complain about how this country is going downhill. Fucktard.

Anonymous said...

You f'ing retards. There's a reason so many of us in the criminal defense bar are supporting Zadrowsky. Look who he's running against - Conrad Hafen of the mormon mafia. He's not bad, as far as DA's go. Not a ringing endosement because he is a DA, but atleast you get a fair shake with him, moreso than most DAs, and WAY better than ever dealing with the SS guard Hafen.

Anonymous said...

His name is spelled ZADROWSKI. You're the retard (but I do agree with you that he is the lesser of 2 evils)

Anonymous said...

@9:08 doG Amber is courageous??? Are you kidding?? How about arrogant and lazy looking to keep that gravy train rolling. Get a real job instead of handing out forms.What a joke.

Anonymous said...

Clipped from www.watchdogwag.com

District Attorney: Republican David Roger—sneaky, petty, little, vindictive, paranoid—is perhaps the worst District Attorney in America who I think is owned and operated by organized crime who hold his personal life as a Sword of Damocles over him.

The proof for me is that he’s never done a credible job fighting organized crime…ever!

But, he has no problem waddling his fat ass over to the courtroom when there’s a black defendant he can capitalize on and his racism is posited in his appalling record of not hiring black people.

He does have one Uncle Tom sellout on his team, 4th-rate, lousy Terry Johnson whom everyone detests, to do his dirty work like firing people; everyone hates David Roger and hates working for him.

Chameleon Don Chairez was a Dem, then GOPer, then a space alien, now a Dem again; he’s got Nevada’s largest ego and pissed it all away in taking on Shelley Berkley years ago and never recovered in voters’ minds.

That said, I did vote for Chairez because David Roger is too corrupted and owned to be an effective DA.

Anonymous said...

I don't know Rogers, but I can assure you an employer would have plenty of reasons not to hire a black employee. Racism is just one, and certainly not the main one.

Anonymous said...

@1:13, like what? do tell.

Anonymous said...

Spot on right 9:08!

Anonymous said...

Saitta is a tremendous legal mind. Her "I dissent" or "I concur" captures the essence of a legal scholar. How lucky are we to have her!

Anonymous said...

Amber is quite the unsympathetic character. She’s always smiles, just beaming all the time, beaming like sunshine then you realize the beam actually was blinding, caused by the Atomic Amber bomb. The Amber Bomb is not unlike other atomic bombs, there’s fallout, it throws missiles, wounds, blinds, burns, and it’s hurtful and just plain evil. One thing you can say about Amber and ambition is that the two can’t be put together, because she’s not ambitious, she’s greedy and greedy people want to be rewarded for having done nothing, greedy people will lie, cheat, and steal in order get what they want, ambitious people work hard in order to get rewarded for efforts. Thief I mean Amber really is a piece of work, never practicing licensed as an attorney, but never practiced tried to become a judge on a technicality. There’s so much to be said about Amber, can’t think of anything good, those who are standing up for her either don’t know her or are just deaf, dumb, and blind. I won’t comment on her looks or her walk, but she does conjure the image of Daffy Duck, greedy, selfish, conniving, and craves attention. (Did Daffy Duck steal ?)

Anonymous said...

I can't believe two supreme court justices actually bought the absurd argument that five years means any number of years at all so long as the state bar charges you AS IF you'd been practicing for five years. Oh, wait, yes I can. Elected justices. Jeez, Cherry and Siatta, the fix is to walk across the hall to the state bar, straighten those jackasses out on how to count, and then send Amber her partial refund, not to let the state bar's jackassery stand and screw up the rest of the law to conform to it!

Anonymous said...

Bitch all you want there is no way in hell I am voting to have our judges appointed, AND I bet that question loses by double digits on the ballot.

Anonymous said...

8:09 PM: You just described the bitch I worked for at my old firm. Her cocksucking kowtowing expertise made her partner and power broker. Too bad she isn't the super trial bitch she thinks she is.

The witches coven is large and strong here in Vegas. Watch out.

Anonymous said...

11:04,

Yes, the Tea Party people sit around twisting their moustaches and saying, "let's miseducate everyone!" That's why even Dems have assumed the TP mantle.

Yes, Obama hasn't added $3T to the debt.

Yes, Obama hasn't latched on to the previous administration's foreign policy.

Yes, it's EEEVIL Bush's fault the Dems sleazed the ridiculous Obamacare bill through.

Yes, it's EEEVIL Bush's fault that Obama's $3T spending spree has worsened unemployment.

You need to step up your game before lobbing "F***tards" at people.

Amber? Doable, but ridiculous.

Anonymous said...

Maybe Amber will apply for the U.S. Magistrate position that has opened up for the cool $160k a year. She can let that sweet as! of hers grow exponentially so she isn't even lawyer hot anymore.

Anonymous said...

12:01 AM - The sad thing is that she'll see your post and think about it.

Anonymous said...

@12:01 Think about the ass comment or the federal position? LMAO

Anonymous said...

@9:49
Obviously I hit a nerve. Hiding behind the rubric of "juvenile gossip and sophmoric jabs" does not justify the things you write. Obviously those who propose negative communication do so because that is what is within them. Sorry that your job is so stressful. It would be nice to see you get a job you really like and thus would be a happier person.
doG

Anonymous said...

doG - Of course you hit a nerve. You annoy me. You're the one who was never invited to parties because you bring everyone down. I guess that still hurts you a bit.

Yeah my job is stressful. Doesn't mean I don't like it. Doesn't mean I'm not happy.

So now that you've analyzed me and the rest of big bad bullies, tell me about you. Where does your inner sanctimony come from?

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Anonymous said...

This woman is also a liar who took two years away from a good man and his children by conjuring up fake allegations of sexual abuse while was preforming therapeutic massage on her. He spent two years in prison and is now listed as a registered sex offender because he had a shitty lawyer who convinced him to plead guilty because it would be a case of he said/she said. With her connections and who she is this man didn't think he had a chance.