Response of the Standing Committee on Advisory Opinion #12-011

By Patrick Flanagan

(As homeowner and taxpayer, not representing the VCHPOA)

 

            In a letter I got from the Commission on Judicial Discipline dated December 10^th, 2012, the Commission informed me that the advisory opinion #12-011 is not going to be altered and shall stand as it is.  This also basically decides, indirectly, not to consider any of the points I made that this might not be good advice.  Advisory #12-011 says that a Justice of the Peace may sit on the Board of a Homeowners’ Association if he/she so decides.

            And that is a very key point.  All we are dealing with here is advice and a judge can either consider it or not, act upon it or not; that is his/her prerogative.  The intent is to help him/her comply with the Canon of Law and to maintain a high standard of judicial competence and décor.  How he/she decides to address this is mostly up to him/her.

            In my mind, we had very different advice from the Storey County District Attorney and I still maintain that his advice was more prudent and practical.  He not only speaks from many years on the bench, but now sees things from the office of the D.A., kind of like looking at the issue from both sides of the fence so to speak.  I support his advice as it tends to make life easier and keeps the cost of litigation down for both homeowners and the County.

            One general observation that I have is that our judicial system has become very complicated and difficult to administer.  Court cases and litigation seem to take on a life of their own and justice today, for the most part, moves very slowly.  It has evolved into a system which struggles hard to adhere to our Constitution and all other laws that deal with how society should act in a civilization.  And then there is just good common sense.

            It would seem to me that a judge would want to follow the K.I.S.S. policy as part of his/her sitting on the bench.  Why make a job more complicated than it all ready is?  This means possible delays, added costs and perhaps more difficult decisions to make, if not just more of them to make.  But, that again, is the judge’s choice.  As an aside, most of those in the courtroom are getting paid by the hour of court time.  Maybe that compensation makes it worth the time for the complications.  Again that is up to the judge.

            In any event, I stand by the D.A.’s advice but did also want to inform all about the final decision made by the Judicial Commission in regard to this advisory.  Nobody here is wrong; whether they are prudent or not may be an entirely different question yet to be determined.

 

 

Final Letter to the Commission on Judicial Discipline

 

 

December 16, 2012

 

Patrick J. Flanagan

P.O. Box 427

Virginia City, NV 89440

775-847-5243

MrSquid1@aol.com

Mr. David F. Sarnowski

Executive Director and General Counsel - Standing Committee

Commission on Judicial Discipline

P.O. Box 48

Carson City, NV 89702

Re: Advisory Opinion #12-011

Dear Mr. Sarnowski:

First, let me thank you for your response of December 10, 2012 and your consideration of my letter dated November 9^th, 2012.  In truth, I was a bit disappointed but clearly understand I think why the chairman took this position.

I have spent a lot of my time on this matter and talked with a number of people from the legal profession.  It has been quite an education for me and I think I learned a lot about some court procedures and rules.  It has been a hard road to travel as this process caused me to be “censured” by my Board of the VCHPOA.  While that censure was not justified or under their authority, I am letting it stand rather than fight it.  The good of the community and peace on our Board is far more important.

 

I do also wish to thank your staff.  Everytime I’ve visited your Carson City office, they have been very helpful and responsive in helping me understand the process and the rules.  I know I can be a pain sometimes, but this matter was important to me as I love the law and our judicial system.  I often will sit in courts just to observe and I also have been in court myself as a participant in a number of very important national cases.  The law has always fascinated me.  It amazes me sometimes as to how justice is arrived at.  And your staff has always been courteous and professional.

 As a courtesy to you and your office, I have informed my constituents of your decision along with my final thoughts on this matter (copy attached).  I don’t think I have misstated any reference to the Commission and have stated the truth as closely as I could.  As far as I’m concerned, this matter is now closed and I hope you found it as interesting as I did.  And I am proud of our legal staff in Storey County for having courage and in raising the bar of ethical behavior in our community.   We have come a long way in this matter.

 

Again, thank you, your staff and your office for your help and responses. 

Sincerely yours,

Patrick J. Flanagan

Enc: Response on #12-011