Where I Stand — Mike O’Callaghan: A needed rule change

Thursday, June 8, 2000 | 9:22 a.m.

Ruthe Deskin is assistant to the publisher. Her column appears Thursdays. Reach her at deskin@lasvegassun.com

CARPETBAGGING LAWYERS, who are continually practicing in Nevada courts without taking the Silver State's bar exam, may soon be limited by our state's highest court. Because I have found so few times to agree with lawyers it behooves me to comment on this petition submitted by the State Bar of Nevada.

Last year it came to the attention of the Sun editorial board that large numbers of out-of-state lawyers were living in Las Vegas to litigate claims involving home construction. Some builders said the lawyers were creating lawsuits and shopping for complaints.

We found nothing wrong with out-of-state or local lawyers taking consumer needs to court. What we didn't know is that some of them lacked complete knowledge of Nevada law, and others have been ignoring reasonable State Bar of Nevada expectations.

The Nevada Supreme Court's Rule 42 allows out-of-state lawyers to petition for permission to practice here on a case-by-case basis. This doesn't eliminate the need to become a member of the State Bar if they are going to have a continuing presence in Nevada courts. Rule 42 does state that "repeated appearances ... shall be cause for denial." The shortcomings of Rule 42 have been that it doesn't state how many appearances are too many.

A local lawyer told me that, "State Bar statistics indicate that 73 out-of-state lawyers or law firms have appeared more than five times in Nevada actions for the period 1997-99. This data does not include appearances in arbitrations and mediations. No doubt, the figure would be higher. Given the explosive growth in construction defect litigation, both commercial and residential, the numbers are not surprising. If the proposed amendment is adopted, those out-of-state lawyers and law firms who have appeared more than five times in three years will either have to convince the court extraordinary circumstances exist for them to continue to practice in Nevada or sit for the Nevada bar examination and become members of the State Bar of Nevada."

For these reasons the State Bar is asking for the amending of Rule 42 to read "absent special circumstances, that more than five appearances by any person or firm of attorneys granted under this rule in a three-year period is excessive use of this rule."

The proposed amendment will still leave it up to each court to decide if an applicant has had too many appearances. This amendment does provide an upper limit which can be grounds for denial.

Sure sounds fair to me.

The selection of Steve Rigazio as the president of Nevada Power Co. is good news. He will put the face of a talented and considerate human being on a major corporation that has an impact on all of our lives. ... The retirement of Silverado High School's Aldeane Ries is a loss for the students, faculty and community. Educators and administrators the caliber of Ries don't come down the road very often. As principal of the Clark County School District's most overcrowded school, she always had a smile for her students and ran a tight ship. Loyalty flowed between her, the teachers and students. After 38 years of work in the local schools, she has earned some time off and is still young enough for a second career. ... Charlotte Church, a stunning 14-year-old soprano, has again shown that she has more than a beautiful voice. I don't believe there is a more beauti ful album than her "Voice of an Angel." Recently she rejected the offer for a major Holywood role as a teenage junkie. This! isn't her image and she should protect her crystal clear voice and beautiful smile that have served her so well and captured the hearts of millions around the world. ... Pete Morros, the director of the state Department of Conservation and Natural Resources, is retiring after almost 40 years of service. His exceptional work in the field of water conservation and distribution gained him recognition throughout the West. He also was willing to take the heat when protecting his employees from political attacks. ... Sen. John McCain dropped a letter in the mailbox for Arizona Gov. Jane Hull, who is not one of his fans. The two Republicans had several heated exchanges when she supported Texas Gov. George W. Bush over McCain in that state's presidential primary. McCain carried his home state easily. The senator warned the lady that the planned fight between Juli o Cesar Chavez and Kostya Tszyu is a "potentially dangerous mismatch." With Chavez having to lose 40 pounds this warning co! uld be an understatement by McCain.