Comments on Legally UnBound: Legal News, Comment & Opinion: Are Judicial Elections Still Good For Nevada? Does...

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2011-11-28T09:15:38.967-08:00

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2011-09-14T08:05:24.144-07:00

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placed on the 11-19-09 Pardons Board record:On Jun...

2009-12-27T08:25:16.298-08:00

placed on the 11-19-09 Pardons Board record:On June 24, 2009 I appeared before this Pardons Board to bring it to your attention the ILLEGAL acts within in the Washoe County District Attorney’s Office. I presented you with the documentation, the hand written notes that former ADA Ron Rachow made on the Motion for Discovery 21 years ago. Mr. Rachow violated BRADY V MARYLAND by withholding all of the Materiality and Exculpatory evidence that showed another person was responsible for the crime in which my innocent brother, NOLAN KLEIN, was convicted of.

Not only did Mr. Rachow withhold the evidence that would have cleared an innocent man, several employees within the Washoe District Attorney’s Office knew about this AND SAID NOTHING OVER THE LAST 21YEARS!! In fact, ADA John Helzer appeared before this Board on October 29, 2008 stating he looked in Mr. Klein’s file. He looked, he saw and HE SAID NOTHING ABOUT THE OTHER SUSPECT, Mr. Zarsky to you. The Sparks Police Department’s theory was that Mr. Zarsky was responsible for this crime as well as other crimes in which those other victims cleared my innocent brother, Nolan Klein. ALL OF THIS WAS WITHHELD FOR 21 YEARS IN VIOLATION OF BRADY V MARYLAND and EVERY MEMBER OF THIS PARDONS BOARD KNEW IT AND CHOSE TO DO NOTHING . What this Board should have done was placed Mr. Klein on this Agenda for a Pardon for EXONERATION. You did not. Instead you chose to CONDONE THE WRONG DOINGS OF THE WASHOE COUNTY DISTRICT ATTORNEY’S OFFICE FOR THE LAST 21 YEARS.

As members of the Indigent Defense, you speak so well of not wanting to see any innocent person wrongfully convicted, however, when the wrongfully convicted is brought to your attention you turn a blind eye to the truth, thereby protecting the bad acts of officials under the color of law.

On June 24, 2009 I asked that you adopt a policy by sanctioning and or disbarring those prosecutors who cover up evidence and lie to the Pardons Board. Again, you do nothing. But, when it comes to your family or friends you do everything to protect them, such as, Justice Hardesty did when he wrote a letter to a Federal Judge on behalf of one of the co-defendants in one of the largest LSD drug Bust in Reno’s history. This co-defendant received approximately 6 months in a federal prison. Pretty nice when compared to those drug traffickers who have appeared before you. And let us not forget that years ago Justice Hardesty knew that there were on going problems with the missing DNA in Mr. Kleins case. Missing DNA was presented to this Board when Mr. Klein appeared before you and you denied him a Pardon.

On September 20, 2009 an INNOCENT MAN, NOLAN KLEIN, who was wrongfully convicted DIED in prison because of these ILLEGAL acts. The cover up still continues when I on September 8, 2009 filed with the Attorney General’s Office the documents that were found in the DA’s file that support Mr. Klein’s claims that are pending within the 9th Circuit Court of Appeals. At the Board of Prison Commissioners meeting AG Masto and Governor Gibbons were provided with documentation showing that other evidence was found within the file in Mr. Klein’s case. Instead of placing Mr. Klein on the Agenda for a Pardon for Exoneration, AG Masto and her staff are attempting to have his case dismissed.

On the June 24, 2009 Agenda you list considering hearing cases of those who maintain their innocence, yet, again you turn a blind eye to the truth. Why?

I made a promise to an innocent man that I would do whatever it takes to bring the truth out and if it means exposing the corruption then so be it. We will be filing a Petition for Exoneration and if it means taking it all the way to the United States Supreme Court we will do it. In the meantime I pray that there will be a federal investigation into the Washoe County District Attorney’s Office and if it means that in order to protect the innocent that the guilty go free, then so be it. It falls on this PARDONS BOARD’S MEMBER’S HEADS.

Tonja Brown

You can stay anonymous. We won't tell your em...

2009-10-15T14:44:48.119-07:00

You can stay anonymous. We won't tell your employer. You seemed motivated and articulate. If you find the time or otherwise would like to reconsider, please send me an e-mail. legallyunbound@gmail.com
Thanks for the discussion.
KG

I haven't done much research. As I've said...

2009-10-15T09:14:47.198-07:00

I haven't done much research. As I've said, my viewpoint is based only on my own experiences.

I have to say that I'm uncertain whether my current employer(s) would look favorably on any effort to publicly debate this issue. For that reason, I'll have to decline. But I look forward to any future posts on the topic.

You make good arguments. Though, I would like to s...

2009-10-14T20:27:02.925-07:00

You make good arguments. Though, I would like to see some more evidence.

The LA Article was as much about Federal appointed judges as it was about State elected judges.

You need to do more research. If you have better facts, I'm open to change my opinion.

Are you open to doing the work to help me debate this issue, for public education sake?

When I said "appointed for life" that co...

2009-10-14T17:10:51.308-07:00

When I said "appointed for life" that could also be appointed for a term.

Hey, don't get me wrong. There are flaws in both systems. Neither one can prevent individual corruption, whether it be the judges or those appointing them. However, I think judges should be free to apply the law without immediate political pressure and I believe that as Nevada's population increases it will be easier for the public to control the individual(s) responsible for appointing judges than it will be to be educated about the dozens of different judicial elections that take place.

I have lived in states with both systems and I prefer appointed judges. And while my experiences may not be reflective of reality, it has been my experience that appointed judges are, in general, more respected. It can be hard to take a judge seriously when their office is not the result of any real acheivement or qualification, but because they had money or they have a familiar surname, as is often the case in Nevada.

Also, while I think having an elected judiciary allows for a somewhat more diverse educational background (read: more lower tier law grads), at the same time it risks putting Halversons on the bench.

First, being appointed for life by the executive b...

2009-10-14T16:38:56.713-07:00

First, being appointed for life by the executive branch does not tie you to it. From my understanding, in states with appointed judges the governor cannot remove those judges from office willy nilly. They stay in unless they lose a retention election.

Second, there is an obvious reason why the electorate can choose a governor better than they can select district judges. There's only one. I'll bet my kidneys that voters in Clark County don't know jack sh** about most of the DJs there. On the other hand, I'm pretty sure many of them are familiar with our governor. It isn't too much to ask for voters to become informed about their possible chief executive officer before voting, but how many voters research every department race in the county?

Finally, one anecdotal story about a Utah judge does not create a "reputation." When you can point me to an LA Times article about corruption in the Utah judiciary maybe I'll change my mind.

I mean no disrespect when I say this, but rather a...

2009-10-14T16:29:13.538-07:00

I mean no disrespect when I say this, but rather am addressing your arguments. I think your argument has some serious conflicting logic that makes it nonsensical.

You claim that an "independent judiciary" is your preference, though you don't recognize that a judiciary appointed by the executive branch is not "independent", they are tied to the executive branch.

However, I AGREE 100% when you point out the judicial decisions founded in "reelection" motives. That is a problem. That is why I've proposed more oversight in Judicial Canons & Independent Evaluations (yearly).

But then, in a stroke of confusion, you claim that is we don't want the "appointment of judges to be fraught with impropriety, stop voting for total douche governors." Was this a joke in logic. If you expect the electorate to vote in a quality governor, then why can't the electorate vote in a quality judiciary? Don't you think that the number of races improves the prospects of, at least, getting some of the judges being quality and independent "thinking"?

Please, for the sake of information honesty, I would like to know what states with appointed judges "don't have half the reputation for corruption that this state has." Reason being, I disagree. Just off the top of my head, I think I remember a story of a judge in Utah
Harding (our neighbor that appoints judges) that had a District Judge removed from the bench for being a cocaine addict. His father was a District Judge and the family was a long time "lawyer family." He was appointed for his intellect, his reputation and connection. Then a few years later (5-8?) he was removed for drug crimes. This happens in all jurisdictions, whether appointed or elected. Let's compare evidence.

I'm not insulting you for your thoughts. You do make good points, but please, bring forward evidence. If you would like to write and Op-Ed on my cite with factual cites, for the sake of debate, I'll give you the open time here.

That invitation goes to anyone that would like to debate me on this issue. Please feel free to e-mail me: legallyunbound@gmail.com

We need to provide intelligent debate on this issue prior to the 2010 election on this issue.

I'd rather have an independent judiciary in pl...

2009-10-14T10:14:29.935-07:00

I'd rather have an independent judiciary in place to balance the elected legislative and executive branches. It would be better than what we have now. Far too often I've seen judges in Nevada make decisions based on what will get them reelected rather than the law.

If you don't want the appointment of judges to be fraught with impropriety, stop voting for total douche governors. Or make the appointment process more transparent. But this election nonsense is not the answer. There are many states with appointed judiciaries that don't have half the reputation for corruption that this state has.