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THE FAMILY COURT PROJECT HAS COME TO A CLOSE. Effective 6/1/08, Family Court Chronicles has become inactive (announcement), and no new information will be added. The page below is retained for archive purposes, but it could be out of date. Upon request, the webmaster will continue to correct significant errors and will consider removing information that is destructively obsolete. (Email: FamilyCourtGuy (at) gmail.com) Glenn Campbell's other websites remain active: KilroyCafe.com, RoamingPhotos.com and Facebook
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Below is September 2006 Only. For latest news, go here.

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9/30/06: 'GOD FOUND ME': New hurdle for Crazy Horse Too: Church opens near closed club, complicating licensing (RJ/dms)

Comments from the Webmaster
A unique legal strategy for a strip club opponent: open a church next door!
Out with Blackstone; In with Odyssey
9/29/06: 'Virtual courthouse' in works: New computer system to improve judicial access (RJ/kch)

    Deep in the basement of the Regional Justice Center lies a relic of the past: a large computer developed in the 1980s that runs the Clark County courts case management system.

    "We're not feeding it index cards like the old days, but we might as well be," court spokesman Michael Sommermeyer said.

    The old and often fussy system, which is incapable of dealing with a growing influx of users, is being replaced with a large network of servers that will help create a more efficient judicial system, starting Monday.....

    The current court case management system, known as Blackstone, provides the public access to court calenders and information on civil and criminal cases.

    Blackstone has drawn two major complaints within legal circles: the system doesn't provide access to case filings, such as complaints, outside the courthouse, and it can be slow when overused or even can go comatose. You plug in a case number and click, and then the screen freezes....

    Davis said he hopes that in early 2007, Family Court also will be online on Odyssey. Probate, civil and criminal courts will follow.

More Chickens With Their Heads Cut Off!
9/29/06: Lawyers Volunteer to Lend Voice to Child Haven (KLAS/el)

    Volunteer lawyers want to give a voice to the infants at Child Haven.

    The county bar association and county legal services asked local attorneys to volunteer their time. This morning was the first training to help the lawyers understand the family court system.

    The idea is to have one lawyer represent every child, 2 years old and under, in Child Haven. At the moment that's 55 kids who have to rely on the system to help them out. Today, most of them have a new advocate.

    The infants in Child Haven can't feed themselves, dress themselves, or speak for themselves. If they could, they might tell you they want out of Child Haven.

    "These are babies. These kids need a voice," Kathleen Paustian, an employment attorney, says.

    Paustian will be that voice for one infant girl born in January. She joins 47 other attorneys who will represent a toddler in Child Haven for free.

    "It really does give you a feeling of commitment and being a contributor," she says. The goal is to get infants into a stable, loving home, with one on one attention so they can develop normally.

Comments from the Webmaster
It always sounds good to give every child their own attorney, but the question remains unaswered: What are they representing? Are they representing the "wishes" of the child or the "best interests" of the child? This may sound like a fine point of law, but in fact it is a great big mess. What you have is a LAWYER, who is guaranteed only the understand the LAW, trying to tell a court what is best for a child, which is an issue of CHILD PSYCHOLOGY, which a lawyer may know absolutely nothing about, save for this tiny little training program.

This is a little problem that isn't going to go away just by adding more lawyers. Somebody with a brain has to actually think things through—both the law and the psychology—so that these lawyers actually help kids and don't hurt them.

9/29/06: Family Services seeks boost: Agency set to ask county to fund 80 new positions (RJ/lkb)

    Clark County's problem-plagued Department of Family Services is seeking permission to take a $2.4 million step forward on the road to reform.

    On Tuesday, the Clark County Commission will be asked to approve and fund 80 new positions within Family Services. The new jobs are aimed at addressing chronic problems related to the child abuse reporting hotline, the response to weekend and overnight service calls, the foster care program, department record-keeping and staff training.

    The proposal marks the launch of the Safe Futures plan, which ultimately could be a $30 million overhaul of the local child welfare system.

9/28/06: DISAPPEARED WHILE IN FOSTER CARE: Girl's return key to suit: Parents hope to spur new info (RJ/lkb) [Related articles]

    The need to know is part of what's driving the civil lawsuit filed Tuesday against Clark County's Department of Family Services and eight staff members, the couple said. They both think that civil litigation can shake loose information that will aid the North Las Vegas police in the investigation.

    The couple's attorney, Greg Mills, said he plans to depose those named in the lawsuit as soon as possible and make the information available to investigators.

    "Somebody has to know something," Olivas said. "Maybe someone has her now. We just want her back. She's our precious little girl. We're her mother and father, and no one loves her more than we love her."

    The other purpose of the lawsuit is hold county officials accountable for the circumstances that led to Everlyse's disappearance. Mills said that it is vital to repair the system that failed Everlyse.

    Mills also said the faults cited in the civil lawsuit mirror state and federal findings about shortcomings in county Family Services. Before Everlyse disappeared, Clark County was being called upon to account for poor record-keeping within the department, infrequent home visits made by case workers to foster homes and a failure to conduct home safety assessments in cases where suspicious child deaths had occurred.

    The civil lawsuit alleges that Everlyse's well-being was not monitored on a regular basis and that the department did not pursue reunification efforts with the family as required by law.

9/28/06: Young girl alone in home with bodies: Police say father killed mother in murder-suicide (RJ/dk)

    Police found two people dead in the apartment from apparent gunshot wounds. The little girl, who was unharmed, was there too, said Lt. Lew Roberts with the homicide unit.

    The girl, who is between 4 and 6 years old, might have been inside the apartment with the bodies for a day and a half, Roberts said.

    "She wasn't disheveled, but it was clear that she hadn't eaten anything in a while," Roberts said.

    Police fed the girl and then took her to Child Haven, the county's emergency shelter care center. The girl is in good physical condition, police said.

A Very Civil Disobedience
9/28/06: (California) A Plan for Very Civil Disobedience: Police and union will follow a script, which even specifies who will be arrested, in a march near LAX to organize hotel workers. (LA Times) This article is the first in our new topic stream on "Law". These articles will be marked by the "British pound" sign (£).

    Four hundred people will be arrested early this evening for blocking Century Boulevard near Los Angeles International Airport, in what could prove to be one of the largest acts of civil disobedience in the city's history.

    At least that's how the script reads....

    If the event goes as envisioned, organizers say, it will be a highly choreographed episode of street theater, timed for news broadcasts and peaceful enough to persuade but not enrage the public.

    The Los Angeles Police Department has been involved at nearly every stage, advising organizers on how to proceed without endangering public safety. Experts say the close cooperation with law enforcement reflects a more powerful and mature labor movement, and a city government that is far friendlier to labor than its predecessors.

    Organizers obtained a permit this week for 1,000 to 2,000 marchers. About 400 of them have signed forms pledging to be arrested and have taken a mandatory class that taught them how to remain calm even when screamed at or insulted.

    The driver's license numbers and other personal information of those volunteer arrestees have already been passed on to the LAPD to expedite processing. (Police sent word that six of the volunteers should rethink their participation; though no official reason was given, the six may have outstanding warrants, union officials said).

    For its part, Unite Here Local 11, which represents hotel workers in Southern California, has arranged for parking, storage of the arrestees' car keys, lawyers to defend them, crews to clean up after the event and vans to pick up the protesters from jail.

    Upon release from jail, expected within 24 hours, each protester will receive a meal (burritos and bottles of water) and a souvenir (their protest sign reading "I Am A Human Being").

    "We don't want any surprises," said Paulina Gonzalez, a Unite Here staffer who is handling communications for the event. "We want nobody to get hurt. We want the most peaceful event possible."

Six Grade Stabbing
9/27/06: Sixth-graders hurt in fight: Classmate faces charges in after-school incident (RJ/dk+fm) This story ran on the top of the front page of the print edition.

    An after-school fight that started with a shove between Martin Middle School students Tuesday afternoon, ended with a sixth-grader stabbing two classmates a few blocks from campus.

    The assailant stabbed one student in the side and the other in the hand, said Lt. Ken Young of the Clark County School District police. Both were taken to University Medical Center and were treated, he said, adding that neither wound appeared to be life-threatening.

    The student who stabbed the other students was taken to the Clark County Juvenile Detention Facility and faces charges of battery with a deadly weapon, Young said. The student was not identified.

Comments from the Webmaster
We were present in Courtroom 18 (Voy) when the alleged knife-wielding boy made his initial appearance in court (9/27). He is 11 years old, but he is small for his age and looks about 8. His family has already had extensive involvement with Family Services, and their DFS caseworker Danielle Mandarino was present in court to brief the judge on her extensive contacts with them. Their case is in "home management," meaning that the children are allowed to remain in the home with outside management by DFS. There was no indication at the hearing what the problems were in the family that brought them under DFS supervision.

A public defender was assigned: Jacqueline Carman. The child will remain in custody until a risk assessment can be conducted. The case will return to court on Monday, Oct. 2 at 10 am.

Parents of Missing Girl Sue
9/27/06: Parents of missing girl sue county agency, foster parents (RJ/lkb) [Related articles] This District Court case number is 06-A-528810-C, accessible via Blackstone.

    Their daughter disappeared while in foster care, and now the birth parents of Everlyse Cabrera are taking legal action against those they hold responsible.

    On Monday, attorney Greg Mills filed a civil lawsuit that names eight individuals and the Clark County Department of Family Services as the parties to blame for the circumstances that led to Everlyse's June disappearance. Despite searches and investigations by North Las Vegas police, little evidence has emerged to indicate where she is or what happened to her.

    "These were horrible mistakes that resulted in the disappearance of a child," said Mills, who represents Ernesto Cabrera and Marlena Olivas. "We are seeking accountability."

    Those named in the lawsuit are: foster parents Manuel and Vilma Carrascal, whom police have said are no longer cooperating in the investigation; Melvin Balane, the Carrascal's son and owner of the North Las Vegas home that was site of Everlyse's disappearance; the Clark County Department of Family Services; former Family Services Director Susan Klein Rothschild; Family Services administrator Nancy McLane; Family Services supervisor Amy Jaffee; and Family Services caseworkers Vera Sampson and David Cronister.

    The complaint, filed in District Court, alleges that Family Services and its workers put Everlyse in jeopardy when they placed her with foster parents who were poorly vetted, trained and supervised.

    Also, Family Services failed to monitor Everlyse's well-being regularly and did not properly pursue reunification efforts with the natural parents as is required by Nevada law, the lawsuit said.

Comments from the Webmaster
We suspect that a lawsuit like this is mainly symbolic. We believe that foster parents are shielded from liability for children in their care, while there is a limitation by law on the liability of the government. (We forget the amount — something around $50,000, which is a pittance in the personal injury world.)
Radio Interview with Morton
9/26/06: Radio Interview with Tom Morton (KNPR) (Audio download) "Clark Co Family Services director on his plans for a troubled department."
The Beginning of the Bust?
9/26/06: Data on Homes Cause Jitters: Housing prices decline nationally for the first time since 1995 and inventory sets a record. The slump poses two big threats to the economy. (LA Times) Also see article below on Las Vegas Housing Prices.

    Home prices nationwide declined last month for the first time in more than a decade, raising new concerns about the real estate slump and the damage it might do to the rest of the economy.

    The 1.7% decline in the median price of existing homes sold in August was the first year-over-year drop since April 1995, the National Assn. of Realtors said Monday. Also, the number of houses sold fell for a fifth straight month and the supply of unsold homes on the market rose to a record....

    But the real estate boom of the last decade has been unprecedented in size and scope, which raises the risk that the downside also could exceed forecasters' best guesses, said Eric Belsky, executive director of Harvard University's Joint Center for Housing Studies.

    After any boom, "there's a tendency to predict a more gradual unwinding than actually occurs," he said.

    Housing's troubles pose two main threats: one to millions of jobs directly dependent on the business, the other to homeowners' willingness and ability to spend if they feel poorer because of the trend in property prices.

    About 10 million jobs are tied directly to residential real estate, from construction workers to escrow agents to the clerks at the local hardware store, Goldman Sachs estimates. That's about 7% of total U.S. employment. Some analysts believe the total is closer to 10%.

Comments from the Webmaster
You may not think that housing prices are related to child welfare, but they are. If things are bad when times are good, then they are going to be even worse when the economy goes south.

Las Vegas has basically two industries: tourism and construction. It has no other substantial base industries to fall back on. Tourism can come and go with the fickleness of the public, but construction is pure illusion. It cannot continue forever. Once construction pulls back, then suddenly all those construction workers who bought homes will want to sell them and leave town. Too many houses on the market means falling prices. Falling prices mean less new construction, which means more workers putting their homes on the market and so forth, until you have a genuine real estate bust.

The article suggests that 7-10% of jobs are tied to real estate nationwide. In Las Vegas, is has to be much higher. If these jobs pull back, then the whole house of cards could fall.

The Las Vegas "boom" was based on self-perpetuating growth. Construction provided jobs for more workers. These workers then bought homes, which fueled more construction. This situation seems good while it lasts, but it can only go on for so long. Just a little downturn, and the same feedback cycle works in reverse: a bust to match the boom.

The casino industry seems to chug along, selling dreams to idiots, but it can only support a fraction of the huge city we now have. The population of the county may have to DROP before the economy is sustainable.

You read it here first: 6-12 months from now, the local economy is going to be in a tailspin. New construction will come to a virtual halt. Unemployment will rise and eventually exceed the national average. For the first time, people will start leaving Las Vegas at a greater rate than coming in.

Meanwhile, under the increased stress of unemployment, the demand for child welfare services will continue to explode. Juvenile delinquency will also increase, as aimless youth with little hope for employment take to the streets.

Also: The San Andreas will finally break; there will be a giant earthquake, and all of California will fall into the ocean. Surprisingly, this will be a boon to Las Vegas, as it will suddenly become a port city and will take over the role once played by Los Angeles.

You gotta look on the bright side.

Triage
9/26/06: Family Court Philosopher #21: Triage (FCC)

    On the battlefield or during a natural disaster, there may be many more wounded than medical resources to treat them. If there are a hundred injured soldiers and only the manpower and supplies to treat ten of them, then some terrible decisions have to be made. Who do you treat, and who do you let die?

    The process of sorting and selecting the wounded is called "triage." The goal of the effort is to save the maximum total number of lives, and this involves parcelling out resources in an often brutal way. The lightly wounded soldiers are probably going to be set aside, at least for now, because they will probably live even without treatment. The most gravely wounded soldiers might also be left alone, because they are likely to die even with treatment. Furthermore, a massively wounded soldier is probably going to require huge resources that might save several others.

    Who you end up treating are a certain middle class of "severe, but saveable" patients who would die without treatment but whose wounds require only moderate resources to repair.

    You will see the word "Triage" at the first nurse's station you encounter in a big-city emergency room. This nurse takes your blood pressure, asks you some questions and makes a quick decision about your condition. They have the power to wheel you immediately into the trauma center or make you sit for hours in the waiting area.

    Outside of emergency rooms, triage is often forgotten, but in fact it is a key component of any humanitarian effort we may engage in. It is a noble sentiment to want to "save the children," but the question must then arise, "Which children?"

Too Many Rules!
9/25/06: Too Many Rules! (FCC) The sign below was seen at the entrance of the Venetian gondolas (or "The Venetian Gondola Ride Experience") at the indoor reproduction of a Venice canal at the Venetian resort in Las Vegas. The gondolas are accurate reproductions of those found in Venice, except that they are propelled at about 3 mph by hidden electric motors. They are manned by standing gondoliers who steer the craft and serenade the guests with song. It is a very tame "ride."


© Glenn Campbell, RoamingPhotos.com
Turning into a F—— Lawyer
9/25/06: My God, I'm turning into a fucking LAWYER!

Comments from the Webmaster
So I was in the library at the Boyd School of Law last night, working on an article. In the middle of my writing, I found that I had a question—a small, easily answered issue. I walked from the table where I was working toward the reference desk, about 100 feet away, to ask the reference librarian. I left my shoes under the table, so I was walking in my socks on the carpeted floor.

Before I got to the reference desk, another staff member tells me, "Sir, we require shoes in the library."

Dutifully, I turned around, went back to my table, put my shoes on, walked self-consciously to the reference desk to ask my question, returned to my table, and then, out of sight of the employee, took my shoes off again. (I don't work well in shoes.)

I'm pissed, but I'm in the law library, so I start thinking like a lawyer.

I should have asked her: "Define 'shoes'!"

Do "shoes" refer to any kind of foot covering? If so, then my socks should be sufficient.

I can understand a prohibition against bare feet, but what, exactly, is nessessary to mitigate the bareness? I note (Case #1) that McDonalds doesn't allow bare feet in its Playplaces, but they do require socks. That suggests that if hygiene is the issue, socks should be sufficient. So says the world's largest restaurant chain!

If esthetics or decorum are the issue, then I wonder why my socks are somehow more offensive than cheap flip-flops, which I have seen some patrons wear beneath bare feet. If a HARD SOLE is required, then how thick or firm must it be? Are soft-soled shoes like slippers not allowed?

What about Bunny Slippers? Has anyone raised that issue? ("Sir, you can't wear footwear in the shape of animals.")

Is safety the issue? If so, then what are the dangers that the library is trying to protect its patrons from? Falling books? Staples lodged in the carpet. I have never seen so much as a paper clip on the floor of this pristine and fully carpeted library. THERE IS NO DANGER HERE!

If it is forbidden for me to walk around in my socks, is it also forbidden for me to take off my shoes when I am sitting and working? A lot of patrons would be upset by that. Do I have to be IN MOTION to invoke the shoe rule?

Clearly, we are in need of some case law to better define this regulation.

I am going to continue wearing my socks and see what happens.

—Glenn Campbell

Afraid of Ghosts
9/24/06: (Off-Topic) Are Scientists Afraid of Ghosts? Despite a spike in curiosity of the supernatural, science has abandoned any meaningful experiments (LA Times)

    The risk of appearing foolish, [Henry James] believed, was the least of the dangers. There was also the risk of failing to investigate the world in all its dimensions, or making it appear smaller and less interesting than it really is. He worried about a time when people would become "indifferent to science because science is so callously indifferent to their experiences." He worried that a close-minded community of science could become a kind of cult itself, devoted to its own beliefs and no more.
Girls and Boys Town
9/24/06: Girls and Boys Town offers shelter, parenting assistance: Organization offers foster care, intensive preservation programs to create functional family units (RJ/hkr) See our organization page for more.

    At any given time, Muto said, there are about 18 children in the shelter and 24 in the organization's foster homes. In addition, through various parenting courses, Girls and Boys Town reaches about 500 children each year, she said. She noted the group has a five-year goal of serving more than 5,000 children.

    Most of the children are in the range of 10 to 17 years old, she said, and the agency hopes to build a home that would serve children age 9 and younger.

Humanity on Trial
9/24/06: (California) Every Court Case Is a Person: Beneath paperwork and docket numbers lie tales of human morality and often tragedy (LA Times)

    Indeed, beneath the cold, impersonal case numbers and the dry, abstruse arguments and the technical points of law, there are endless complex morality plays overflowing with the conflict, passion and suspense of people victimized, and of their victimizers. Stories of murderers and swindlers, of corporate power plays, of police misdeeds and government conspiracies, many filled with pathological and sociological behavior, human suffering and human indifference.
The Parking Offenses of Steve Hiltz
9/23/06: Children's Advocate Caught in Courthouse Parking Scandal (FCC)

Shown in this photo is the new-looking sports car of incompetent children's advocate attorney Steve Hiltz, occupying TWO (2) parking spaces in the crowded parking lot of Family Court. Photographed at 1:15pm on Thursday, Sept. 21, 2006. (Poor Mr. Hiltz made the mistake of pulling into the lot when we were there. The car on the left was present when he arrived, and the car on the far right came in after him.) Hiltz's car is a Mazda RX-8, which retails for around $30k and carries very few groceries. It is good to know that a children's advocate attorney can still make out well for himself — and reconnect with his inner child in his over-the-hill years. Note to Hiltz: a front license plate is required in Nevada. We also don't regard black as the wisest color in the desert; we bet it's nice and toasty inside when he comes back to it.

We think that it is symbolic of the man: thick, pompous and clueless about the principles of law.

Logjam
9/23/06: CHILDREN'S ATTORNEY PROJECT: Logjam at Child Haven targeted: Lawyer outlines plans to represent 10 kids (RJ/lkb)

    Project lead attorney Stephanie Charter appeared before Clark County Family Court Hearing Master Frank Sullivan on Friday and declared the group's intention to represent infants and toddlers in 10 abuse or neglect cases connected by one factor....

    Deputy District Attorney Amy Mastin Jelinek objected to the project's motion of intent to represent the minors, saying client-directed advocacy is impossible in these cases because the children are nonverbal. "They can't be the mouthpiece of children who can't speak," Jelinek said.

    Jelinek also pointed out that the court maintains oversight of the cases in question with regular status hearings. In some cases, children at Child Haven are there because the court has ordered them not to be returned home in the interest of their own safety.

    Charter said she was surprised by Jelinek's opposition, adding that the project's only goal is to obtain for the children what they are legally entitled to: a family environment.

    Sullivan said he will take up the issue with Family Court Judge Gerald Hardcastle. He also said he believed that all children, and all parents, who come to Family Court should have legal representation.

    The project plans to schedule hearings for all the children in its target group and schedule court hearings to identify deadlines that the county will have to meet in finding them family placements. If the deadlines are not met, Charter said, attorneys will seek contempt of court charges against the county, if appropriate.

    In addition to the seven attorneys on the project staff, Charter said 15 private attorneys have volunteered to join the effort, and Charter is hoping that at least 15 more attorneys will step forward to take on a Child Haven case.

Comments from the Webmaster
The question again arises: What does the Children's Attorney Project represent — the "best interests" of the child, or the "wishes" of a child. They indicate on their website that it is the wishes of the child: "These attorneys serve as the child's voice before the court and community allowing the children to take an active role (and responsibility) in their own destiny."

If that is true, then they have no business representing infants. Representing the "best interests" of the child is supposed to be the role of the CASA program.

This push by the CAP to represent infants could be an opportunity to define their role.

Another observation: The article says there are seven attorneys on staff, but their website lists only six: Steve Hiltz, Stephanie Charter, Greg Ivie, Janice Wolf, Ron Kirschenheiter and Mitch Werth. (The page has been recently updated with the names, but the goals of the organization have not changed.) Who is that seventh attorney. Would that be Barbara Buckley?

9/23/06: Students booked in bus gunfire: Police say shooting related to gang strife (RJ/bh+ap)

    Two 17-year-old students from Canyon Springs High School were arrested Friday in connection with the gang-related shooting into a school bus a day earlier.

    One of the students was arrested on campus about 2 p.m., and the other was arrested at his home in the afternoon, said Lt. Ken Young of the Clark County School District Police....

    One of the teens will be charged with possessing a dangerous weapon on school property. The second will be charged with firing into an occupied vehicle.

    They were booked into the Clark County Juvenile Detention Center. Police did not release the students' names, citing their ages.

9/23/06: (California) Gov. Signs Bills Aimed at Helping State's Foster Children (LA Times)

    SACRAMENTO — Saying that "a society is judged by how well we treat our most helpless," Gov. Arnold Schwarzenegger on Friday signed eight bills aimed at making California a better parent to roughly 75,000 foster children.

    He also signed a bill that makes it a crime to leave a pet in a hot car.

    Cheered by several dozen foster children at a Capitol ceremony, Schwarzenegger enacted a measure to help foster youth stay in touch with their adopted brothers and sisters...

9/22/06: Price cuts foreseen in housing market: Outlook for 2007 to be generally flat, LV analyst believes (RJ/hs)

    Las Vegas housing analyst Dennis Smith expects to see some fairly significant price cuts in the resale segment of the market in the next few months to move some of the 20,384 homes listed for sale in the valley.

    The median price of a resale in August was $289,000, down $1,000 from July. Since January, the resale median has increased $4,000, or 1.4 percent.

    "The good news is we're getting closer to the bottom," Smith, president of Home Builders Research, said Thursday. "That means it's going to start going up sooner rather than later. I'm looking at 2007. I think '07 is going to be flat. You're going to see some products come on line in '07 that will do well because of lower pricing."

    The number of existing home sales dropped in August to 3,641, compared with 5,786 in the same month a year ago.

    Smith counted 3,278 new home sales in August, bringing the year-to-date total to 24,776, a 3.1 percent increase from a year ago. The median price of a new home has remained flat for five straight months. The August price of $325,544 is up slightly from $324,517 in July after peaking at $328,702 in April.

Comments from the Webmaster
We normally don't peruse the Business Section, but this news is a lot more serious than it is being portrayed. This could be the end of the Las Vegas bubble.

Who can really say where the "bottom" is?

See our blog comments above for the LA Times article on 9/26.

I WILL BLOW UP FAMILY COURT
9/22/06: I WILL BLOW UP FAMILY COURT: "Harry Potter" Case Prompts Webmaster to Issue His Own Terrorist Threat—Right Here! (FCC). Printed Flyer #9. [Related articles]

    In solidarity with Harry Potter, I have decided to blow up the Family Court.

    The whole thing: KABOOM! It deserves to go. It causes too much pain.

    I realize in saying this that I may be violating Nevada Revised Statute 202.448, which says, in essence, “Thou shalt not make terrorist threats.” It is the same statute Harry Potter was arrested under.

    “Harry” is a 14-year-old who looks every bit like the youthful wizard. And I mean the young Harry in the first movie not the post-pubescent one in the latest.

    Harry stood quivering before Judge Voy three weeks ago, in shackles and an orange detention sweatsuit, charged with dedicating his MySpace homepage to the Columbine massacre and emailing an erstwhile friend, “'Would you be down for some Columbine-like shit?”

    Harry is a terrorist.

9/22/06: Arrest warrant issued for mother of abandoned infant twins (RJ/fm)

    Las Vegas police have issued an arrest warrant for the mother of twin 8-month-old infant girls found abandoned Aug. 30 in a medical school restroom.

    Detricia Miller, age unavailable, is wanted on one count each of willful infliction of child endangerment and willful infliction of child medical neglect for leaving the twins in the bathroom at the University of Nevada School of Medicine on Maryland Parkway.

    When they were found, the infants were hungry, thirsty and wearing soiled diapers, authorities said. The girls also had two medical conditions, severe club feet and umbilical hernias, officials said....

    The warrant stated the state's Safe Haven Law, which allows mothers to abandon newborn infants under certain circumstances, does not apply in this case because the children were older than 30 days and they were not left in a hospital, obstetric center or emergency medical care center, nor were they left with a firefighting agency or law enforcement agency, as required under the law.

9/22/06: Details of child deaths requested: New call made for disclosure in 79 Clark County incidents (RJ/lkb)

    Those cases were handled by 45 different case workers. In terms of background, 16 percent of them were licensed social workers while 84 percent were unlicensed.

    About 56 percent of those involved in cases that should have been investigated for abuse or neglect did not have master's degrees.

    Morton also stressed to the panel that the 79 deaths have not been found to be the result of caseworker action or inaction.

9/21/06: WASHOE COUNTY AND RURAL AREAS: Other child deaths re-examined: Report shows fatalities from mistreatment underreported (RJ/ev)

    CARSON CITY -- The problem of children dying because of neglect or abuse might be greater in rural Nevada and Washoe County than in Clark County, a state lawmaker said Wednesday.

    A new state analysis shows 34 additional children in Washoe County and 14 in rural Nevada might have died of maltreatment between 2001 and 2004, according to Assembly Majority Leader Barbara Buckley, D-Las Vegas.

    Deaths of only 12 children in the two areas previously had been reported as having been caused by abuse or neglect.

    "This is horrifying," said Buckley during a meeting of a special subcommittee studying the safety and welfare of children. "We have a systemic problem. We are not identifying statewide children dying of abuse or neglect."

9/21/06: Blue Ribbon Panel Takes on Troubled Child Welfare System (KLAS/am)

    Critics of the system say children are dying because of a lack of shelter space and qualified foster care homes, deficient family services, overburdened case workers and little or no oversight and accountability. Still, those committed to change believe the system can be fixed.

    The Child Death Review Panel gathered Thursday to fine-tune its action plan; a 66-page document full of recommendations to fix an overcrowded child welfare system that lacks resources and oversight leaving too many children to fall between the cracks.

9/21/06: Spotlight on Nevada's Domestic Violence Problem (KLAS/ab)

    According to the annual study by the Violence Policy Center, the Silver State ranked fifth in the nation of women murdered by men. Believe it or not, that's actually an improvement.

    The positive news in this study is Nevada's ranking for women murdered by men fell from number 2 in the nation last year to number 5 this year.

    But local domestic violence advocates say these numbers don't mean much because they fluctuate all the time.

The Mother of All Plans
9/20/06: The Mother of All Plans: A Christmas List (FCC) Comments on the "Safe Futures" presentation at the County Commission meeting. ("Safe Futures" is the plan presented by the new director of Family Services, Tom Morton, to address the problems of DFS.)

    It is like when you go to a big department store before Christmas, and they have Santa there, or at least this fat guy in a Santa suit, and the kids are all lined up with their Christmas lists to sit on his lap for 15 seconds, while their parents get to pay eight bucks to have their kid's picture taken with this clown. Maybe you march into the store thinking you're going to pull the beard off this phony. You say to yourself, "I'm going to expose this fraud. There ain't no Santa, kids! It's all a big capitalist sales device!" But then you get in there, and you see the looks on the kids faces, the genuine sense of anticipation and wonder, and you just can't do it.

    There were a lot of caseworkers at the meeting, apparently all in support of the Plan, and you can see that everybody's hurting. Everyone wants the nightmare to end. Even if there are hard times ahead, maybe it is okay to believe in Santa for a while. Maybe it is okay to have a little faith and optimism in this holiday season.

9/20/06: County devises agency fixes: Proposal includes more social workers to oversee children (RJ/mk)

    Clark County's government Tuesday unveiled the first phase of a plan for overhauling its troubled child welfare agency, hoping to mend a system that faces the loss of federal funding for inadequately protecting endangered children.

    The plan designed by new Department of Family Services Director Tom Morton calls for 150 more social workers, graveyard shifts for Child Protective Services workers, reduction of population at the crowded Child Haven facility and expanded recruitment of foster care families.

    Full implementation of Morton's plan would cost at least $25 million, officials said, plus funding for hiring the new social workers to expand the agency's staff to about 650.

    County commissioners lavished praise on Morton's ideas but said talk is cheap when it comes to fixing a broken system linked to four child deaths last month.

9/20/06: Charges unlikely after recantation: Woman took back accusations against judge (RJ/lkb) [Related articles]

    Amy McNair, who last week recanted the accusations of domestic battery she made against boyfriend and Clark County Family Court Judge Steven Jones, probably will not face charges stemming from her self-confessed perjury.

    Deputy City Attorney for Henderson Dave Mincavage said that his office will not prosecute McNair for flipping on the stand after being called as a witness against Jones.

    During the Henderson Municipal Court proceeding that took place Wednesday and Thursday, McNair said her anger at Jones' desire to end the relationship and her chronic drinking drove her to make false accusations. She supported her account of being chucked down the hall by Jones by inflicting rug burn on her face and blackening her eye with her thumb.

    "In the past, we have prosecuted people for making false reports, but it wasn't an effective practice and it didn't last very long," Mincavage said. "In this case, who knows what really happened."...

    Clark County District Attorney David Roger said his office would not pursue a perjury case against McNair unless police conducted an investigation and submitted it to his office. A spokesman for the Metropolitan Police Department said no such investigation was under way.

    Stephen Stein, McNair's attorney, said he advised her that admitting to perjury could have consequences but she insisted on vindicating Jones.

    "It was completely her decision," he said. "She insisted that she wanted to clear her conscience and make sure that an innocent man was acquitted."

Comments from the Webmaster
It is silly to ask the Henderson City Attorney about charging McNair, since the alleged perjury occurred in Las Vegas, not Henderson. Only D.A. David Roger has a say.
9/20/06: 3 Changes Ordered in Oversight of Nevada Judges: The state's chief justice announces immediate actions to curb conflicts of interest and other improprieties raised in reports by The Times (LA Times)

    First, the Supreme Court will implement a formal process to evaluate the performance of the state's senior judges — on-call jurists who are paid by the hour, have typically retired from the bench and are farmed out to assist with a growing workload in the court system....

    Second, Rose said, senior judges will be subjected in some cases to peremptory challenge — the right of a party in a court case to seek a judge's removal. Currently, senior judges are immune from such challenges, unlike regular judges....

    Third, Rose said, the Supreme Court will issue a communique to all of the state's district court judges reminding them of their ethical obligation to disclose potential conflicts of interest.

9/20/06: CHIEF JUSTICE: Rose responds to criticism: L.A. Times articles highlighted problems in judiciary (RJ/sw)
9/19/06: First Phase of ‘Safe Futures’ Plan to Overhaul Child Welfare System Unveiled (Clark County Press Release)

    Following an exhaustive, top-to-bottom review, Clark County officials today unveiled the first phase of its “Safe Futures” plan to overhaul the child welfare system and create a safer community.

    At the same time, the County Commission today was expected to approve a resolution calling upon the state legislature to change the law to allow greater disclosure of information about child abuse and neglect, including fatalities and near fatalities.

    The multifaceted plan includes 109 strategies. To fully implement them, it would minimally cost an estimated $25-30 million in local, state and federal resources. It also would require more than 150 new personnel. The county is expected to return to the County Commission in two weeks with proposals for new staff and funding and an analysis of available funding sources.

    Once resources are identified, the Family Services Department will prepare a work plan containing steps to be taken, assigned responsibilities and timeframes for completion, said the plan’s author, nationally respected child welfare expert Thomas D. Morton, who became the new Family Services director in July.

    The 18-page Safe Futures plan presented to the Commission today...

9/19/06: Family Court Philosopher #20: The Investment Effect (FCC)

    As I watch some divorces unfold in court, I often wonder: How could a relationship this bad have gone on for so long?

    The answer often involves a certain fallacy that is common to investors everywhere. You see it all the time in our fine casinos. A gambler has already lost a huge amount of money on the slots or roulette tables, but because they have already "invested" so much, they feel compelled to continue.

    The more you have invested in a certain venture in the past, be it a business, a marriage, a hobby or even a personal opinion, the more you feel compelled to "stay the course" to justify your past investment. To "cut and run" seems like a defeat, because it means that all of your prior investments were useless.

    Psychologists call this the "sunk-cost fallacy." You have already "sunk" a substantial amount of your resources into a project, and this creates an ego-investment in the outcome that can cloud your reasoning. To abandon the investment now would result in a huge immediate hit to ones self-esteem. Of course, the only problem with not accepting the painful loss now is that you might have to accept an even bigger loss later.

9/18/06: Clark County Child Welfare System Could Lose Millions (KLAS/cm)

    On Tuesday, the head of Clark County's Department of Family Services, Tom Morton, is expected to present his plan to improve the child welfare system.

    Some of the ideas will be his others will be mandates from the state and the federal government. For the last two years, the feds have pushed the state to require the county to do a better job for our kids. And in an exclusive interview with Eyewitness News, a high-ranking federal official tells the I-Team that push has come to shove.

    Eyewitness News I-Team reporter Colleen McCarty flew to San Francisco for an exclusive interview with Commissioner Joan Ohl.

    Commissioner Ohl didn't pull any punches. She believes the state has failed to oversee the system in Clark County and as a result children have died. She says if the state won't do its job, her agency will hold it accountable and withhold millions in federal funding.

9/17/06: A Kiddie Crime Epidemic? Hardly. — Falsely pitting the recent crime uptick on youths cynically plays on older generations' fears on race. (LA Times) Refers to youth crime in L.A. and nationally. Author is senior researcher for the Center on Juvenile and Criminal Justice in San Francisco.

    But reality morphs in Washington, where federal funds are disbursed and the national media are ever-eager to trumpet alarms about youth. Bratton was one of many police chiefs at the Washington forum who played the "youth card" to pitch for more money and officers even as their departments' statistics show much calmer realities back home.

    "We are turning the country over to our young people, and they are killing each other," said Providence, R.I., Police Chief Dean Esserman, claiming a spike in robbery shootings. "Violence has become gratuitous."

    But crime statistics posted on the websites of the Providence Police Department and the Rhode Island State Police reveal that violent crime rates and juvenile violence arrests in Providence fell in the years 2003 to 2005, including for robbery, compared with what they were in the previous three years.

    In city after city where police and news stories proclaimed soaring juvenile gunplay, official crime statistics showed nothing of the sort. In fact, tabulations of arrestees by the FBI's Uniform Crime Reports and the California Criminal Justice Statistics Center show that in 2004 and 2005, criminal arrestees were older than in the past. The median age of a violent felon nationally in 2004 was 30, the oldest level in half a century, up from 27.8 in 1990 and 26.3 in 1975. The latest FBI crime clearance statistics show juveniles committed fewer than 5% of the nation's homicides, the smallest proportion ever recorded.

    Los Angeles County provides a stark contrast: 35,000 juvenile felony arrests in 1975, 26,000 in 1995, 18,000 in 2005. Their over-40 parents' generation has gone the other way: 9,000 felonies in 1975, 24,000 in 1995, 35,000 in 2005. How can law enforcement, interest groups, academics and the news media continue to ignore such striking trends?

    The subterfuge is accomplished simply: Even when crime is down and youth arrests are plummeting, there is always some offense in some city in some year that rose when compared to some previous year. For example, Los Angeles' teenage homicide and assault rates dropped sharply from 2004 to 2005, and robbery arrest rates have plunged 50% in the last decade — but robbery rates did rise by 3% in 2005.

Soundbite of the Day
9/17/06: Soundbite of the Day (FCC)

    I am drawn to the law, even if I am not a lawyer, because it is the only social environment on earth where rational argument can make a difference. Anywhere else, if you make a thoughtful, well-reasoned appeal against the social norm, people consider you a witch and will burn you if they can. The legal system is a place where witches are at least tolerated and can sometimes even change things.

    —Glenn Campbell
The Sunk-Cost Fallacy
9/17/06: The Sunk-Cost Fallacy (LA Times) This article on the Iraq war also describes an important philosophical concept, which guides much of human behavior. This article provided some inspiration for our own philosophical article The Investment Effect.

    YOU'VE PAID $10 to get into the movie and it just plain stinks. The plot is ridiculous, the acting is terrible, the violence is excessive. But you've already watched half of it. Do you sit through the movie to the end or do you leave?

    Just a month ago, you spent $2,000 getting your 10-year-old car's transmission rebuilt. Now you find out the car is leaking oil and needs a ring job. Do you spend the next thousand or buy a new car?

    You've been living with your romantic partner for 10 years. The relationship has had its ups and downs, and both of you have invested a lot in keeping it going. But every day it seems to involve more work and less joy. Is it time to move on?

    You work for a private equity firm and personally persuaded your skeptical partners to invest $2 million in a high-tech start-up. Now the chief executive comes to see you with the news that they've hit some snags in developing their product, and they'll need at least another million to bring it to market. Do you write the check?

    We've all encountered situations like these. We make a significant investment — of money, time or emotion — in some project, relationship or business deal, and it doesn't seem to be working out. Do we continue to "throw good money after bad" or do we "cut and run" and "stop wasting time"? What's the right way to think about such decisions?

    Psychologists, decision scientists and economists have an answer. They tell us that it's a mistake to continue with a project or an activity because of what you have already invested in it. The time or money you've already spent is gone. You can't reclaim it. Using a past investment to justify a future investment is what they call the "sunk-cost fallacy."

    Instead of thinking about the past, what we should be doing is thinking about the future. "Will my life be better if I leave this terrible movie or if I stay to the bitter end?" "Will my car give me 20,000 more trouble-free miles if I just do this one last repair?" None of these questions have sure answers. Life is full of uncertainty. But what we can say is that if the reason for "staying the course" is past commitment — sunk costs — we need to find a better one....

    We heard this argument often enough in the 1960s. As casualties mounted in Vietnam, it became more difficult to withdraw because withdrawal would have "cheapened" the lives of those already sacrificed. We "owed" it to the dead and wounded to "stay the course." What staying the course produced was thousands more dead and wounded. "Knee deep in the big muddy" is how folk singer Pete Seeger described it. The question should never have been, "What have we invested so far?" but "What are our objectives for the future and can we attain them at a reasonable cost?"...

    Yet people seem willing to waste even more (time, money or lives) to justify what they have already spent and avoid that sick feeling of failure. Think about it. You haven't really lost money on a stock whose share price keeps plummeting until after you sell it. So you keep holding on, in the hope that your judgment as an investor will eventually be vindicated. And troops haven't really "died in vain" as long as you continue to press on in the fight, no matter how disastrous the results.

Defenders Summit
9/16/06: Photos from the Nevada Juvenile Defenders Summit (FCC)

Jones Acquitted
9/15/06: Family Court judge acquitted of domestic battery charge (RJ/cgt) [Related articles]

    Jones, 48, and McNair, 34, hugged and kissed outside the courtroom after Proctor announced his decision....

    McNair testified under oath during the hearing in front of McGee and accused Jones of shoving her to the ground during the dispute, which led to Jones' arrest. The woman told similar versions of the story to authorities several times after the incident.

    Detective June Castro of the Henderson Police Department said she met with McNair on June 28 and recorded her statement. The audio recording was played in court Thursday. McNair told Castro that the fight with Jones ensued after he refused to buy her a taco when he went on an outing for fast food. McNair said Jones came home, went to the master bedroom upstairs and closed the door.

    After McNair knocked twice, Jones opened the door a few inches. When she tried to force her way into the room, McNair said, Jones picked her up by the neck and arm and "chucked" her down the hallway. McNair told the detective that her face was injured when it struck the banister.

    Although McNair refused treatment that night, she showed up at a hospital emergency room the next morning.

    Denise Paup-Woodcock, a registered nurse who cared for McNair, testified Thursday that the woman's blood-alcohol level was 0.214 percent, more than twice the legal limit for drivers in Nevada. The nurse said McNair received a shot of morphine after she described her pain as a "10" on a scale of 1 to 10.

    In court Wednesday, McNair said she had caused her wounds by rubbing her face against carpet. She said she made the false allegations out of anger after Jones decided to end their relationship.

    McNair, who admits to suffering from alcoholism, said she is now in a rehabilitation program and has stayed sober for more than 40 days.

    Mincavage said prosecutors have not decided whether they will charge McNair with perjury, although he suggested that doing so would amount to "victimizing the victim."

Comments from the Webmaster
McNair committed perjury in District Court, not Henderson (at least according to the prevailing theory), so the Henderson City Attorney would have no direct say in it. It is doubtful that the county District Attorney would want to wade into these murky waters, however, especially since it would demonstrate how badly police handled the case.

An unprecedented prosecution of this kind would also have the unintended effect of discouraging any false witness from ever recanting. In effect, swearing to "tell the truth, the whole truth and nothing but the truth" is mostly an optional request: "I swear to tell the truth if I feel like it."

In theory, if McNair were charged with perjury, she could just go silent and make prosecutors prove "beyond a reasonable doubt" which of her stories is true. Good luck!

Photos from the Trial
9/14/06: Snapshots and Observations from the Domestic Violence Trial of Steven Jones (FCC) [Related articles] We were there and got press credentials to photograph the scene. Also includes some verbal observations not mentioned in the R-J article below.

McNair describes how she rubbed her face violently on a carpet to produce the forehead abrasions shown in the photo.
McNair Recants
9/14/06: TESTIMONY: Girlfriend: Judge is innocent: She inflicted injuries on herself, she says. (RJ/lkb) [Related articles]

    "He's an innocent man," said a tearful McNair, the first witness called Wednesday during Jones' hearing in Henderson Municipal Court on a misdemeanor domestic battery charge. "I feel horrible about what I've done."

    She said she made the accusations against Jones because she was angry that he was breaking up with her over her drinking.

    McNair recanted much of what she had said under oath in July, when she unsuccessfully sought to extend a temporary restraining order.

    That order was issued after June 20, when Henderson police responded to a 911 call from the home she shared with Jones. Police arrived at the residence to find Jones alone in the master bedroom and McNair bearing the marks of recent injuries.

    At the time, McNair said the injuries happened when Jones chucked her down the hall after she tried to make him open the French doors to the bedroom.

    On Wednesday, McNair told the people assembled in Judge Ken Proctor's courtroom that she had inflicted the injuries on herself. She said she had rubbed the right side of her face against the carpet so roughly that she made herself vomit from the pain. She had discolored her right eye by "thumbing" herself repeatedly around the socket.

Comments from the Webmaster
The R-J was considering using one of our photos from trial (shown above), but it didn't run. It is ashame. The photo illustrates McNair's recantation better than words can.
9/13/06: Radio Interview with Stephanie Charter and Jessica Hoffman about Child Haven (KNPR) A radio interview with Stephanie Charter, lead attorney for the Children's Attorney Project, and Jessica Hoffman, a former Child Haven resident, presumably about the CAP initiative to represent infants kept too long in Child Haven.
Reilly Goes to the Dark Side
9/12/06: Private sector calls on official: University job lasts three weeks (RJ/lm+kch)

    After 3 1/2 weeks in charge of the Nevada university system's fledgling health sciences center, former Clark County manager Thom Reilly is resigning to take a half-million-dollar job with Harrah's Entertainment.

    Reilly left his county post and began Aug. 17 as the vice chancellor and chief operating officer of the University of Nevada Health Sciences Center.

    He said Monday he has resigned effective Sept. 22 to assume the role of vice president of community reinvestment and social responsibility for the casino corporation. The new job will pay roughly double the $250,000 annual salary the university system was paying him, Chancellor Jim Rogers said.

9/11/06: Former Countay Manager to Work for Harrahs (KLAS)

    Former Clark County Manager Thom Reilly isn't going to work for the university as planned, he's taking a job in the private sector.

    Reilly has taken a job with Harrah's entertainment. He resigned from the county in August for a position as vice chancellor of UNLV's new health sciences center.

Comments from the Webmaster
Huh?!?!

Weird! So much for his dedication to "public service."

9/11/06: District seeks bill to help curb truancy (RJ/ap)

    With the more serious consequences for truant students, the nation's fifth-largest district seeks $400,000 in funding to hire four officials during a two-year pilot program at eight middle schools. They would track truants, making daily contact with them. District officials said the bill should increase graduation rates while decreasing dropout rates.

    But at least one official in Southern Nevada's juvenile court system said he's concerned that the proposed legislation would put too much of the enforcement burden on a court system that is already heavily taxed....

    But Fritz Reese, assistant director of the Department of Clark County Juvenile Justice Services, said it's not necessarily bad news that most truant students don't go before a judge. He said juvenile courts give truants and their parents three warnings to let them know that if the student's school attendance doesn't improve, they'll have to appear in court. Court-assigned truant officers contact the student and the parents on the second warning and try to ensure that the student will be in the classroom.

    "A lot of the times, those letters alone make parents say, 'Hey, why haven't you gone back to school?'" Reese said.

    Reese said heavily burdened juvenile courts issued 531 citations between Jan. 4 and May 18 to truant students along with accompanying letters to their parents warning them of the possibility of a court date if the problems persisted.

    Though Reese is not opposed to the district's bill, he said the court system is inundated with other, more serious juvenile offenses.

    "I don't believe the court and juvenile justice system should take sole responsibility of truants," Reese said. "It's a collective process between the courts, the district and the community. ... We don't want to clog up the courts any more than they already are."

Comments from the Webmaster
Bravo, Fritz!

The school district has a long history of dumping its relatively minor discipline problems on the court system. There has to be "pushback"; otherwise the school district is going to expect us to start educating its kids as well.

Everyone wants to see kids in school, but just passing a law isn't necessarily the solution. Laws, which by definition are punitive, aren't the solution to every ill in society. There have to be positive solutions as well. For example, if the school district itselt was more pro-active in contacting truants, finding out what the underlying problem is, and finding ways to address that problem, there might be less need for court intervention.

The school system, in fact, is much more distressed than the court system right now. Whenever a system is under pressure, there is a tendency to pass problems outward. It doesn't cost the school system anything to send a kid to the court system. It is just one less headache for them and another one for somebody else.

Screw the school district! We say, make them deal with their own discipline problems and let them come to the court only as a last resort.

An anonymous reader responds (9/11): Ludicrous to think the school district will deal will truancy. Remember last year when the officials that be let students just walk off campus to protest for illegal immigration? They blatantly allowed truancy for fear of having to tell students they would be held accountable for their actions. Rightly stated this is just an effort to let another agency deal with the school district's problems.

9/10/06: Foster care troubles go beyond numbers: Licensed parents air concerns about system at forum (RJ/lkb)

    The crisis affecting Clark County's foster parents isn't necessarily the same one that public officials cite.

    While new leadership in Clark County Family Services emphasizes the critical need to expand its foster parent pool by up to 500 people, individuals who already are licensed wonder why they have empty beds....

    Among the candidates who attended were Undersheriff Doug Gillespie, who's running for sheriff, and Robert Beers, a Republican candidate for Assembly District 21. Four judicial candidates also participated: Nevada Supreme Court Justice Nancy Becker, District judge candidate Elizabeth Halverson, Family Court judge candidate William Potter, and North Las Vegas justice of the peace candidate Chris Lee.

    "This is an important issue," Beers said. "Child Haven is a disgrace. ... They're running the foster-care system the same way an HMO runs its medical benefits program."...

    Throughout the forum, individuals spoke of their fear of reprisals should they disagree with a caseworker, make too many demands or publicly complain about flaws in the system.

    Pauline Kennedy, who has been a foster parent for 35 years, said one of her concerns is the lack of medical information given to foster parents. Last year, she cared for an infant that died of Sudden Infant Death Syndrome. Before that, Kennedy said she was given no medical background on the child except that he was born exposed to drugs....

    Morton has agreed to meet with representatives of the Foster Care and Adoption Association of Nevada later this week.

Comments from the Webmaster
WHERE THE HELL IS TOM MORTON?!?!

If there was ever an event he should have attended, it was this one!

You can be darn sure his predecesser would have been there, as would any department head with half a brain.

That would have required people skills, however, and Morton has none. It would have required stepping up to the podium, answering questions and taking responsibility for the organization that he supposedly heads.

It's yet another dismal failure in leadership.

9/10/06: [Off-topic] Photos from the Primm 300 Off-Road Race (GC)

Complaint Against Del Vecchio
9/9/06: Harassment complaint targets judge: Family Court jurist accused of making 'inappropriate advance' (RJ/gp)

    Family Court Judge Nicholas Del Vecchio is the subject of a sexual harassment complaint filed with Clark County officials regarding his alleged treatment of a former female employee, according to a source familiar with the complaint.

    "The nature of the allegation is that there was an inappropriate comment made toward an employee -- an inappropriate advance," said the source, who spoke to the Review-Journal only on the condition of anonymity....

    Del Vecchio was a candidate for the Nevada Supreme Court Seat G, but he received only 13 percent of the vote in the September primary and did not advance to the general election.

    Earlier this year, the Review-Journal reported how Del Vecchio once was considering offering his bailiff's job to the girlfriend of former presiding Family Court Judge Steven Jones.

    Amy McNair, a part-time legal secretary, was under consideration for the job, according to her attorney, Randall Roske. But after Jones was arrested on a charge of battering the woman, the job offer to McNair was rescinded.

Comments from the Webmaster
We have heard rumors about this sexual harassement complaint, and the job offer to McNair is definitely suspicious and worthy of further attention; nonetheless, we have great unease about this article.

The report that a complaint was filed seems to be based solely on the word of the anonymous source. The fact that everyone else "will neither confirm nor deny" the story suggests that it is probably true: a complaint was filed. Still, this doesn't seem enough to go to press with.

Even if Del Vecchio is guilty of the harassment, this article consists mainly of baseless innuendo. We don't know who filed the complaint, when it was filed or what the alleged inappropriate actions were. The complaint apparently hasn't yet been proven, and even if he wanted to, it would be very difficult for the judge to defend himself in the press.

We're not necessarily defending Del Vecchio; we're defending the process and are questioning the policies of the paper. ANYONE can make a sexual harassment complaint against anyone else. The filing of a complaint doesn't necessarily mean it is true, yet the news of the complaint itself can throughly gut a public figure's reputation.

Imagine if a judge was accused of running someone over with his car. In that case, when the press reported it, you would have an identified person injured in a specific location at a certain time. None of the sources would be anonymous. The judge could say to the press: "I didn't do it, and I wasn't even in that neighborhood at the time."

In this case, however, we have an anonymous person making an unknown charge at an unknown time, reported to the press by another anonymous source and not confirmed by anyone else. How can Del Vecchio possibly respond?

At some point, the charges may be either proven or disproven, and then there might be a news story. With what little the newspaper has given us, however, the charges are just insinuation, which can cause enormous political damage regardless of the outcome.

Now, don't get us wrong: We love as much as anyone to hear salacious rumors about judges. Furthermore, Family Court Chronicles is not above the use of innuendo and insinuation to serve its own political agenda. "Real" newspapers, however, are held to a higher standard, where you don't publish something without independent verification.

This looks like just another case of shoddy journalism from the Rebuke Urinal.

9/8/06: Workers Won't Be Charged for Leaving Behind Girl (KLAS)

    The district attorney will not pursue criminal charges against one former and two current workers with the Clark County Department of Family Services.
9/8/06: Clarification (RJ) After incorrectly stating that "Tom Morton fired the manager in charge of the county's problem-plagued foster care program," the R-J has corrected itself:

    Stories in the Sunday and Thursday editions of the Review-Journal misstated the role of Renee Swain before her dismissal from the Clark County Department of Family Services. As the department's caregiver services manager, Swain supervised the recruitment and licensing of foster care families. Another member of management, Department Assistant Director Ann Rubin, oversees the day-to-day case management of families already caring for foster children. The stories also incorrectly stated Joy Salmon's first name. Salmon, a former assistant director for family services, resigned last week.
9/9/06: Three face no charges over child left in van: After 40 minutes, 4-year-old girl was rescued from vehicle where temperature hit 124 degrees (RJ/dk)

    District Attorney David Roger said his office reviewed the Metropolitan Police Department's investigation report but decided the workers did not leave the child inside the van intentionally.

    "Detectives were unable to uncover any evidence that these workers intentionally left this child in the vehicle," Roger said Friday.

    Nevada law states authorities must prove that a child was intentionally left inside a vehicle before criminal charges can be brought.

    Tom Morton, director of the county Department of Family Services, said in a prepared statement that the department's policies and procedures have been changed to make sure workers do not leave children in vehicles in the future.

    "We have revised our protocols and practices to prevent a recurrence and ensure that all children are safe while in our care at Child Haven," Morton said.

9/8/06: Leaving of child in van reviewed: Charges considered in Child Haven case (RJ/dk)

    Police last week sent the results of its investigation to the Clark County district attorney's office for possible prosecution, said Lt. Brian Evans of the police abuse and neglect unit.

    District Attorney David Roger said he will review the case and decide whether the three workers should be prosecuted. But the district attorney's office generally doesn't prosecute cases in which children are left in vehicles unless authorities can prove the act was intentional.

9/8/06: Two students brought gun, police say (RJ/ap)

    Two students attending an alternative program because of disciplinary problems were arrested Thursday for possessing a loaded .38-caliber handgun near school property, Clark County School District police said.
Joining the Bandwagon
9/7/06: CHILDREN'S ATTORNEY PROJECT: Child Haven infants get lawyers: Group to represent 58 minors in Clark County officials' care (RJ/mk)

    Outside pressure on Clark County officials to do right by infants and toddlers in protective custody mounted on Wednesday when the Children's Attorney Project announced its intention to individually represent at least 58 minors housed at Child Haven and local hospital nurseries. Those are children who are not receiving their rights under state and federal laws that entitle them to care in a family-like environment, said the project's lead attorney, Stephanie Charter.

    "The children in Child Haven are lined up in bassinets," Charter said. "They're lined up in swings along the wall. They are not getting the consistent, one-on-one attention from a single caregiver that research has shown infants and toddlers need to grow and develop normally."

    The Children's Attorney Project, a part of the not-for-profit Clark County Legal Services, plans to take action in two steps.

    The first involves scheduling Family Court hearings for children in care and obtaining an order with a deadline that requires appropriate placement by a certain date.

    If county officials don't meet the deadline, Charter said, attorneys will seek contempt of court charges if that's appropriate.

Comments from the Webmaster
This is the first we have heard of Stephanie Charter being the lead attorney of the Children's Attorney Project and not Steve ("The Jerk") Hiltz. We know little about Charter, but one thing counts in her favor: She's not Hiltz.

There is an obvious bandwagon effect going on here, with Barbara Buckley and team now joining it. We wonder where the CAP was before this, but there's probably no harm in them climbing aboard. It's better late than never.

    "We're looking at the entire department," Martin said. "And we have made significant changes already. Most of the senior management has changed in the last few months."

    Tom Morton, new director of family services, fired the manager in charge of the foster care program last month. Renee Swain has retained an attorney and claims she was wrongly dismissed while on medical leave.

    A former assistant director, Julie Salmon, resigned Friday, but wouldn't comment on her decision to leave the county after nine years.

Comments from the Webmaster
Once again, most press inquiries are now being handled by Asst. County Manager Darryl Martin, while Morton remains in hiding.

The R-J repeated its error that Renee Swain was in charge of the foster care program. She was in charge only of foster parent recruiting and training. Ann Rubin is in charge of day-to-day operations of foster care. She, in fact, has recently been promoted to assistant director.

This seems highly unusual to some: There are all these deaths of children in foster care, and the official who is most directly responsible for that system doesn't get fired or demoted, but gets promoted.

Here is yet another example of the R-J ignoring an obvious news story—the promotion of the foster care manager—in favor of county-generated propaganda—the firing of the adoption manager, who is supposed to be taking with her all the sins of the organization.

It is a common organizational ploy: Whenever there are problems, you find a mid-level scapegoat to blame the them on. You then burn this person at the stake and—Voila!—your problems appear to go away (for a few days at least). It happened with the ex-director of DFS, who went from Director of the Year to Scapegoat of the Year in only about six months. Now, if anyone leaves or gets fired, they will automatically wear the Public Enemy mantle.

This system protects those who really are responsible for the problems, namely the commissioners and the county manager's office, who have grossly underfunded the department and given us Tommy-Boy Morton as their magical solution.

We remain singularly unimpressed with reporter Lisa Kim Bach, who produces most of the DFS stories. She almost never looks below the surface and seems to get at least one major fact wrong in every story.

    "We didn't get here overnight, and we aren't going to be able to fix all the problems overnight," Martin said. "We need the community's support, and I'm asking folks in the community to step up to the plate with solutions."

Comments from the Webmaster
This is a weak P.R. position. It is like the county saying: "We don't really know what to do. We need members of the community to step in and tell us what the solutions are."

This crisis is a direct result of long-term neglect of the system by the county administration. Now, the county is saying, in effect, "We need your help to get us out of the mess that we created."

You can ask for "help" from the community, but you need to tell people exactly what to do, where to go, etc. It is poor P.R. to ask the community for "solutions". The solutions—i.e. the leadership—are supposed to come from Morton & Co.

9/6/06: Different woman admits to abandoning infant twins (RJ/dk)

    Police said they believe the woman left the twins at the medical school because she thought she could leave children there without penalty under Nevada's Safe Haven law, said Lisa Teele, supervisor of Las Vegas police's abuse and neglect unit.

    "The Safe Haven law is truly an option, but in Nevada the age of the child can be no more than 30 days," said Teele. Under the Safe Haven law, parents won't face charges if they leave a newborn at fire and police stations or a hospital while the infant is under 30 days old.

Comments from the Webmaster
The twin infants were 8 months old, which is older than the 30-day maximum under the law.

In our view, it would be counterproductive to prosecute. The aim of the law is to give distressed parents an option when things seem impossible for them. These parents are, almost be definition, extremely frazzled and probably quite dim. It would be unreasonable to require them to read the exact wording of the statute before acting.

If the woman had the law in mind when she left the children, than her intent was proper and ignorance of the wording of the law should be excused.

9/5/06: Bailiff staffing crisis grows: County spokesman: Pay range adequate despite exodus (RJ/gp)

    Right now, the county has 11 bailiff vacancies because of workers migrating to other agencies.

    Bailiffs are paid $35,796 to $55,481, and County Courts Administrator Chuck Short said that is about 10 percent below what other comparable law enforcement agencies in the valley are paying.

    Short said he believes the county needs to raise that pay range and that doing so will ensure the most experienced law enforcement personnel available are screening for weapons and providing courtroom security.

    "With 11 vacancies, I can tell you that our security here (at the Regional Justice Center) is less than adequate ... and probably will be for the next 30 days," Short said. "We are doing the things necessary to minimize the risks. It means we close down points of access into the building."

    Administrators at Clark County's headquarters on Grand Central Parkway, however, have a far different take on the situation.

    County spokesman Erik Pappa said the bailiff pay range is a fair compensation package, and there is a consistent pool of talented job applicants out there willing to take the bailiff jobs if vacancies surface.

Comments from the Webmaster
Hint: Maybe the problem isn't really money.
Hey, We Done it Already!
9/5/06: Movie: Gridiron Gang (Yahoo) Upcoming movie (Sept. 15) about a bunch of hardened residents at juvenile delinquency camp (not to be confused with Spring Mountain Youth Camp) who are organized into a High School level football team. Sound familiar?

    The uplifting story of detention camp probation officer Sean Porter, who creates a high-school-level football team from a ragtag group of dangerous teenage inmates as a means to teach them self-respect and social responsibility. He is joined in this experiment by co-worker, Malcolm Moore. But Porter must first overcome almost universal resistance from the powers that be -- his skeptical bosses and coaches at rival high schools who don't want their players mixing it up with convicted criminals on the football field.
What We Did Over the Weekend
9/4/06: Off-Topic Photos: Sabar and Djembe Festival at California African American Museum (GC) With audio!

9/4/06: Off-Topic Photos: California Science Center (GC)

9/4/06: Off-Topic Photos: Girl Dancing (GC)

9/4/06: Off-Topic Photos: At the Beach (GC)