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October 1, 2017 was a tragic day in Las Vegas, and our thoughts and prayers go out to the families and victims of the Route 91 concert shooting. We hope for a complete recovery of those who are injured. We are so proud to be members of the Las Vegas community, and have seen the true strength and unity that exists here over the past several days. We are #VegasStrong.

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Supreme Court names Guardianship Commission members

Supreme Court Names Guardianship Commission Members
The Nevada Supreme Court has selected 20 Nevadans to serve on the Permanent Guardianship Commission established by the court. Justice James W. Hardesty was named the chairperson of the permanent commission. The commission is made up of judges, private and public guardians, lawyers and statewide representatives.
The commission will make recommendations to the Nevada Supreme Court for statewide rules to aid in administering guardianship cases pursuant to Nevada Revised Statutes Chapter 159, and provide review and oversight for the implementation of new laws enacted during the 2017 Legislature to reform Nevada’s guardianship statutes.
The Commission to Study the Administration of Guardianships in Nevada’s Courts proposed seven major reforms to Nevada’s guardianship statutes, resulting in five bills approved in the Legislature and signed by Governor Brian Sandoval.
Enacted by legislation were: Creation of a State Guardianship Compliance Office in the Administrative Office of the Courts, with investigators and accountants to review the administration of guardianship cases; a Guardianship Bill of Rights; and mandatory appointment of legal counsel.
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Joshua Tree blossoms.  Mojave Desert.

Gov. Sandoval Appoints Kathleen Drakulich to Second Judicial District Court
On June 30, Governor Brian Sandoval announced the appointment of Kathleen Drakulich to the Second Judicial District Court, Department 1. Drakulich will fill the vacancy created by Judge Janet Berry’s retirement earlier this year.
Drakulich is currently a partner at the law firm McDonald Carano, where she focuses on issues related to energy, environment, and natural resources. She started her career in the Washoe County District Attorney’s Office, where she served as a prosecutor. Drakulich has also served as assistant general counsel for Nevada’s largest electric service providers and as private counsel for Nevada’s largest energy users. She has also extensive experience in legislative and public policy matters. She received her Bachelor of Arts from the University of California, Berkeley and her Juris Doctorate from the University of the Pacific McGeorge School of Law.
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Many of the laws adopted and enacted by the states are promulgated and updated by the Uniform Law Commission. The ULC website provides helpful information not only about longtime statutes, such as the Uniform Enforcement of Foreign Judgments Act and the UCC, but some that have recently been adopted. The following FAQ from the ULC website describes this role:

What is the Uniform Law Commission?

For more than a century, the Uniform Law Commission (ULC) has served the states and their citizens by drafting state laws on subjects on which uniformity across the states is desirable and practicable. It is a nonprofit unincorporated association comprised of state commissioners from each state, the District of Columbia, the Commonwealth of Puerto Rico, and the U.S. Virgin Islands.

Now in its 122nd year, the ULC is the nation’s oldest state governmental association. A nonpartisan, volunteer organization, the ULC is the source of more than 300 acts that secure uniformity of state law when differing laws would undermine the interests of citizens throughout the United States.

How are Uniform Law Commissioners Appointed?

Every ULC commissioner must be an attorney. Each jurisdiction determines the method of appointment and its number of commissioners. In most states, the governor appoints the state’s commissioners to serve a specified term. In a few states, ULC commissioners serve at the will of the appointing authority and have no specific term.

ULC commissioners are volunteers who do not receive salaries or other compensation for their public service.

What is a Uniform State Law?

The Uniform Law Commission drafts uniform laws for the states to consider and enact. A uniform act is one that seeks to establish the same law on a subject among the various jurisdictions. When the term “uniform” is used in the nation’s laws, it is highly likely that the ULC drafted the act.

The ULC also promulgates “model” acts. An act may be designated as “model” if the act’s principal purposes can be substantially achieved even if the act is not adopted in its entirety by every state.

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The Nevada Legislature is currently in session. The Legislature has an excellent website that makes researching and tracking pending legislation very easy. To research and track legislation, the website is:

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Many creditors use garnishments as a means to enforcing their judgments.  In a recent Nevada Supreme Court decision, Pacific Western Bank, v. The Eighth Judicial District Court 132 Nev. Adv. Op.  78 (2016),  the Court recognized that a garnishment can occur on assets physically residing outside Nevada as long as the garnishee has contacts with Nevada in order to receive the writ.  The case involved a Nevada creditor attempting to reach a student savings plan, under the direction of Wells Fargo bank in Nevada where Wells Fargo contracted with an out of state servicer for the student savings plan.  The Court also recoginzed that laws should be interpreted broadly to allow for the collection of valid court judgments.

Hayes and Welsh is a top ranked commercial litigation law firm with expertise and experience in creditor’s rights action.

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2017 Nevada Legislature

The 2017 Nevada Legislature will convene February 6, 2017.  Legislation usually includes changes to Nevada’s collection and creditor laws as well as changes to judicial procedure.  The attorneys at Hayes and Welsh follow these major legislative changes.  Future blog posts will  include important new legislation.

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New Supreme Court Justice Lidia Stiglich

 New Supreme Court Justice Lidia Stiglich
Newly appointed Nevada Supreme Court Justice Lidia S. Stiglich will take the official oath of office during her investiture at 3 p.m. on January 9 in the Nevada State Library and Archives Building in Carson City.
The investiture will occur during a special session of the Nevada Supreme Court. Chief Justice Michael A. Cherry will provide opening and closing remarks, and will administer the oath of office to the court’s new colleague.
Governor Bryan Sandoval and former U.S. Senator Richard Bryan will address the expected crowd of about 200 people. Second Judicial District Court Chief Judge Patrick Flanagan will also make remarks. The invocation will be offered by Zelalem Bogale, and a benediction will be given by S. Timothy Summers.
Governor Sandoval appointed Justice Stiglich from her seat on the Second Judicial District Court to the Supreme Court on Nov. 10, 2016.
Those attending are cordially invited to attend an investiture reception to follow in the rotunda of the Supreme Court building.
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Hayes and Welsh listed in Nevada Film Directory

The Nevada Film Office publishes its Nevada Film Directory listing businesses that have expertise in the film industry.  Hayes and Welsh is listed in the directory under the categories of permitting and entertainment law.  Hayes and Welsh has experience in all forms of licensing and permitting and can be of assistance with film and movie production, contracts, employee matters, litigation,  taxation, etc.

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Justice Saitta to study Nevada’s juvenile justice system

Governor Brian Sandoval, First Lady Kathleen Sandoval, Nevada Supreme Court Justice Nancy Saitta, and legislative and community leaders gathered Wednesday to launch a comprehensive review of Nevada’s juvenile justice system in an effort to further strengthen public safety and improve outcomes for youth in the state.

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