My Fight Against Censure

At this time, there will be an Emergency Meeting at the Firehouse at 7:00 p.m. on November 19th. The purpose of this meeting is to pass a motion to censure me for sending a letter to the Commission in regard to Advisory 12-011 asking for clarification. A copy of the original letter is below.

I have asked the Storey Co. DA to attend this meeting and he can't due to excessive workload. However he has authorized me to quote him directly.

"It is not advisable for the Board of the Homeowners to have a sitting Justice of the Peace sitting also on the Board of the Homeowners Association." That is an exact quote.

 

This advice is given based upon shared concerns in regard to what I expressed in my letter in regard to Advisory #12-011. I have every right to ask for clarification on this ruling. The reason for this is that it would probably cause the judge to recuse himself in a number of cases where homeowners have to appear before the Justice Court. This in turn raises the cost of government and the cost of all taxpayers and homeowners. There is also the possibility of not getting a fair and just hearing in our courts due to mistakes or bias. We are all entitled to the "Due Process of Law" and that law has to follow procedures.

 

The original advisory does not address this issue and that is why I asked for clarification. It is my opinion that the DA's advice is correct and based upon his personal experience in the legal field. I have acted in this matter not only as a concerned citizen but also as a homeowner who wishes to keep my property taxes down. Certainly this is not cause for censuring me by the Board. And I still maintain that I have acted in good faith as your Board representative in trying to make our lives better and easier. I have nothing to gain from this and feel that my actions were in the best interests of all homeowners. I certainly do not deserve censure. If you agree with me, come to the meeting or call the Board members to voice your position. Or you can email to the board at

board@vchpoa.org

Hopefully you will support my efforts. And thanks to those of you who have also called me in support. It is important to make one's voice heard.

Mr. Patrick J. Flanagan

P.O. Box 427

Virginia City, NV 89440

MrSquid1@aol.com

775-847-5243

November 9. 2012

The Honorable Michael A. T. Pagni, Chairman

Standing Committee on Judicial Ethics

P.O. Box 48

Carson City, NV 89702

Re: Review of Advisory Opinion #12-011

Dear Mr. Pagni:

I am asking that the Committee review opinion #12-011 as amicus curiae due to possible lack of pertinent information critical and germane to the guidelines established by this ruling.

First, I am assuming that this opinion was generated in response to Judge Jack McGuffey’s request for guidance as to him sitting on the Board of the Virginia City Highlands Property Owners’ Association. As long as Judge McGuffey stays in office, I have voiced my opposition to his appointment to the Board. Opinion #12-011 seems to indicate that I should withdraw my opposition and I would like clarification.

Generally the opinion seems to be appropriate in that the probability of the Board of this homeowners’ association would seldom, if ever, have to go before Judge McGuffey’s court and possibly cause him to have to recuse himself due to potential conflicts. First, most of our litigation normally goes through arbitration with the Nevada State Ombudsman Program which bypasses the court system in the majority of cases. So #12-011 makes good sense from this viewpoint and I see no problem with the advisory.

However, it is from a different viewpoint where I think the Committee should reconsider and that is in the probability of individual members of the homeowners’ association having to appear before Judge McGuffey’s court for various matters such as traffic violations, marital disputes, etc. Often the Board must deal in executive session regarding property right issues between neighbors and/or in violation of our CC&R’s. These cases could also go before Judge McGuffey’s court as residents being both the plaintiff and defendant, and both being members of our association. In fact, some cases have all ready followed this process and not just in the area of traffic violations. The result of these executive sessions often advise that our Board is not the proper forum for resolution and that some complaints should be redirected to the Sheriff, District Attorney of Storey County and then maybe to Judge McGuffey for final resolution. As a Board member, Judge McGuffey would be present in these executive sessions and potentially this could cause some conflict of interests and cloud the appearance of impartiality.

The high probability of this happening is supported by the entire population of Storey County being about 4,010 per the 2010 census, one of the smallest counties in Nevada. At the same time, we have approximately 1,169 homeowners in 1 acre lots and 506 homeowners in 10 acre lots, a total of 1,675 members approximately. That is more than 25% of the entire county population. We are an unusual and one of the largest homeowners’ associations in the state and also in the smallest county of this state. As a result, the probability of conflict of Judge McGuffey sitting on our Board while also serving as our Justice of the Peace is extremely high and the incidence of him having to recuse himself in a number of such cases would be unacceptably high as well. In turn, the probability of judicial appearances and impartiality being negatively impacted also would go up.

I think you can see where I have my concerns in the advisory opinion and why I think it should be reviewed. If you have any further questions or if I can be of any help in this matter, please feel free to write or call me.

In advance, I thank the Committee for taking the time to review my concerns and to take whatever appropriate action that they deem fit and appropriate.

Sincerely yours,

Patrick J. Flanagan

Treasurer

Virginia City Highlands Property Owners’ Association

Note: This letter is not represented as a formal position or request by the Board of the Virginia City Highlands Property Owners’ Association but rather the personal concerns of a Board member and also homeowner in the interest of the community’s welfare in Storey County.