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Bill that would require schooling for Nevada election denier Michele Fiore opposed by rural judges
April 01, 2023
A bill before Nevada lawmakers would mandate that justices of the peace in Nevada who are not members of the State Bar, such as former Las Vegas City Councilwoman Michele Fiore, now a Justice of the Peace in Pahrump, be required to pass a test intended for law students.
“My clients are always surprised when they learn they appeared in front of a Justice of the Peace who’s not an attorney,” testified Sen. Melanie Scheible, a Democrat and attorney by trade, and sponsor of Senate Bill 354, “They assume that justices of the peace are attorneys. They assume that the person presiding over their criminal case has already demonstrated some kind of knowledge of the law and a qualification to sit on the bench.”
Nevada has long allowed non-attorneys to be JPs and municipal judges, especially in rural areas, where bar members are scarce and desire to serve even scarcer, according to judges who testified in opposition to the measure.
“Even as Senator Scheibel indicated, there’s no current judges that are causing concern,” observed Boulder City Judge Victor Miller, president of the Nevada Judges of Limited Jurisdiction, noting 40% of the organization’s members are not lawyers. “If there’s not a problem, why are we trying to find a solution? At any rate, I believe that this measure would seriously affect the access to justice. throughout the state.”
The proposal comes just months after Fiore, who also served in the Nevada Legislature, won appointment to the Nye County Justice Court following her loss in the race for State Treasurer. She participated in votes on the Las Vegas City Council after she says she became a resident of Pahrump, and appears not to have lived in Nye County long enough to qualify for the appointment. Nye County officials have declined to comment.
Fiore is notorious for outbursts in the Nevada Assembly chambers and elsewhere, engaging in a physical altercation with a colleague, a variety of alleged ethical breaches, and admits she’s under investigation by the FBI. Her failure to make payroll tax deposits for employees of her now-defunct home care agency resulted in multiple Internal Revenue Service liens, which she says are paid.
Fiore has a high school degree, the only requirement for JPs in Nevada counties with 100,000 or less residents. Her name was never mentioned in the hearing.
Currently, only law students preparing for bar exams are permitted to take the test in question, the Multistate Professional Responsibility Examination (MPRE), administered by the National Conference of Bar Examiners, but Sen. Melanie Scheible is trying to change that.
Scheible, chair of the Senate Judiciary Committee, says she’s in conversations with the Bar Examiners, in an effort to accommodate the provisions of the legislation.
Nevada does not require justices of the peace to be attorneys in counties with 100,000 or fewer residents. More than two dozen other states have similar provisions.
“Currently in Nevada, depending on the population in your township or county, your justice of the peace may not be an attorney,” testified law student Elliot Malin, who presented the bill with Scheible, and noted jurists who lack law degrees are making life-altering decisions. “Their only formal statutory education requirement is to hold a high school diploma.”
JPs hear criminal matters, traffic violations, small claims, evictions, and civil disputes up to $15,000. They also grant or deny protective orders for domestic violence, stalking, and harassment.
“Nevada is one of eight states that currently allows non-attorney justices of the peace to convict in certain criminal courts,” Malin noted, adding the process can raise Sixth Amendment concerns regarding the right to a fair trial for defendants. “Nevadans deserve to know that these are those that have the ability to make life altering decisions for them to understand legal ethics.”
All JPs attend Judicial College, regardless of bar status. But Malin says JPs are not required to prove via an exam that they retained the knowledge required to do their jobs.
Justice of the Peace Richard Glasson of Pahrump testified he has not taken the MPRE, nor have several former State Supreme Court Justices.
“Many of us serve in rural communities who do not have an abundance or a single lawyer that wants to run for our job,” he told lawmakers.
“I think they’re resisting change and think it’s an affront, even to the point to say its unconstitutional, even though it’s explicitly permitted in the Constitution,” Malin told the Current when asked about the judicial reaction to possible legislative tinkering.
“We’re not going to find competent citizens to sit in our townships if they have this type of burden,” said Glasson. “This sudden intrusion into the way we’ve run our judiciary for the last 150 years is going to create chaos.
Nevada Current is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Nevada Current maintains editorial independence. Contact Editor Hugh Jackson for questions: info@nevadacurrent.com. Follow Nevada Current on Facebook and Twitter.
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TOPEKA — A throng of angry queer and transgender children marched Friday evening on the Kansas Statehouse grounds in joyful defiance of legislators who promote state-sponsored discrimination.
As the crowd of 200 children and adults gathered on the south side of the Capitol, individuals stepped forward, one by one, to deliver speeches bubbling with love or rage or fear. Some had recently come out, some had never spoken up, and some were high on gender euphoria.
The recurring themes at the demonstration, which was part of the National March for Queer and Trans Youth Autonomy: They refuse to go back into the closet, and they are eager to vote.
Ian Benalcázar, a 13-year-old trans boy from Lawrence who dressed in a Pinkie Pie cardigan, told the crowd: “I am what they are scared of.”
“I can’t believe that I, a child, has to explain why I deserve to live, to breathe and to be happy,” Benalcázar said. “I should be worrying about my grades, not whether or not I’ll be a victim of a hate crime on my way to the bus stop.”
Cassandra Robinson, who will be 10 years old next week, appeared in a T-shirt that reads: “inspired by the STRONG WOMEN in my life.” Standing on the south steps of the Statehouse, the Topeka resident directed her comments to the legislators who work inside.
“This is kind of my first time doing this, so sorry if I stutter or something,” Robinson said. “It’s stupid how the people in there get to decide how we live our lives and how we do stuff. And I feel like all of the cis people should mind their own business, and they should put some LGBTQ in charge.”
The GOP-dominated Legislature this year has advanced numerous bills that target transgender children, including proposals that would restrict gender-affirming care and ban transgender kids from playing with their cisgender peers. A “women’s bill of rights” would establish a politically charged definition of “woman” to exclude transgender women from gender-specific public spaces.
“Those in power who are so desperate to pass this cruel legislation can no longer be excused by ignorance,” said Fable Briggs of Lawrence. “The data is being presented to them over and over again. They simply do not care what’s true or right. They care only for the comfort of those who will vote for them.”
Rep. Tobias Schlingensiepen, a Topeka Democrat who participated in the march, said lawmakers should be working together to solve problems everybody faces instead of putting targets on people’s backs in order to score political points.
“You gotta help us out, wherever you’re from,” Schlingensiepen said. “You need to get politically engaged. You have gotta find ways to vote people out who don’t care about you, and who keep bringing these hateful bills to the floor in the House, and who are using you to divide and conquer voters.”
Raiden Gonzalez said it was disappointing to see hurtful legislation being debated in Kansas and other states around the country.
“You’re seeing a lot of young people who are more just down to earth, trying to be heard,” Gonzalez said. “I think it’s really disappointing, and the Kansas Legislature should be ashamed of themselves.”
People in the crowd held signs that read: “I want my friends to live,” “make no mistake / they are killing us,” “I’d rather have a trans kid than a dead one,” “support your sisters / not just your cis-ters,” “break the binary,” “trans lives are more important than cis feelings.”
One sign said, “F*** your KS SB180,” a reference to the women’s bill of rights, and featured a drawing of an individual raising a middle finger.
After the series of speeches, the crowd marched around the perimeter of the Statehouse grounds. Their chants could be heard from a couple of blocks away:
“Trans lives matter.”
“We’re here. We’re queer. We’re not going anywhere.”
“Vote them out.”
Kansas Reflector is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Kansas Reflector maintains editorial independence. Contact Editor Sherman Smith for questions: info@kansasreflector.com. Follow Kansas Reflector on Facebook and Twitter.
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Two people died in a tornado that struck the eastern Arkansas town of Wynne on Friday, but as of 8:30 p.m. CDT, no fatalities had been reported from a tornado that damaged parts of west Little Rock earlier in the afternoon.
Pulaski County Coroner Gerone Hobb, however, told the New York Times that one person died in North Little Rock.
Wynne, a town of about 8,300, is about 105 miles east-northeast of Little Rock off Interstate 40.
In a joint press conference Friday night, Gov. Sarah Huckabee Sanders and Little Rock Mayor Frank Scott Jr. thanked first responders and urged people to stay out of the affected areas.
“We are here for you. We’ve got your back,” Scott said at the start of the press conference.
“People come first. Paperwork comes second,” Sanders said.
Sanders said she’d activated the Arkansas National Guard and had about 100 troops on the ground in the capital city and Wynne to assist local authorities in recovery efforts and assessing damage. Sanders also said she’d been in touch with the Federal Emergency Management Agency, which promised quick action.
Meanwhile, the governor said she’d allocated $250,000 for state and local emergency management agencies to help with the situation.
Scott called the tornado “devastating,” and Assistant Police Chief Andre Dyer described it as “horrific.”
“It breaks the heart to see people displaced,” Scott said.
Dyer said about 2,100 homes had been damaged or destroyed, but noted that damage assessment was continuing.
Little Rock Fire Chief Delphone Hubbard said Fire Station No. 9 on North Shackleford Road sustained heavy damage but no firefighters were injured. The station also sheltered residents during the storm, he said.
Fire and police personnel went door to door after the tornado passed to check on residents and occupants of businesses and provide rescue assistance, Hubbard said.
Dyer said law enforcement, including Arkansas State Police and the Pulaski County Sheriff’s Department, were “working to secure” the damaged neighborhoods and commercial properties so that “those who want to loot” or take advantage of the situation cannot do so.
“Do us a favor and stay out,” Dyer said, adding that the police department “won’t allow anyone into those areas until it is safe.”
Stormy afternoon
The Little Rock tornado developed as a squall line moved quickly into the city shortly after 2 p.m. CDT.
The tornado tore through an area packed with residential subdivisions and commercial development near Interstate 430, which runs north-to-south along the city’s western edge.
Office workers downtown streamed into hallways and crowded into ground-floor safe areas as tornado sirens wailed and “tornado emergency” alerts from the National Weather Service flashed on cell phones.
Recovery efforts started almost immediately after the tornado left the city proper and headed in a northeasterly direction. Drone footage showed some flattened residential areas, while tweets showed emergency vehicles crowded along major streets as rain sporadically fell.
Arkansas Division of Emergency Management public information officer LaTresha Woodruff advised people to call to check on loved ones, but to steer clear of affected areas.
“Traveling across town to help someone, it may not be a good thing right now because you don’t know what debris you’re going to encounter on the roadways and what it’s going to be like traveling over there to help them,” Woodruff said. “You could put yourself in danger and also, if you get too many people in one area, then it’s hard for emergency personnel and first responders to get to that area as well.”
In the immediate aftermath of a tornado, Woodruff said there are several things Arkansans should do:
Report damaged homes or debris to your city or countyReport power outages or downed power lines to your utility companyContinue to monitor the weather because threats may remainBe cautious of downed power lines and debris once you go outside
It’s important to report damage, Woodruff said, so cities and municipalities can access recovery funds. Sanders issued an executive order Friday to provide funding from the Governor’s Disaster Response and Recovery Fund to assist with tornado recovery efforts.
If cities and municipalities are unable to handle recovery efforts on their own, Woodruff said they can contact ADEM for additional resources. She said $250,000 is available through the governor’s disaster fund.
U.S. Rep. French Hill said in a social media post that FEMA has been notified and is sending personnel to assess the damage.
Pulaski County government declared a state of emergency.
For displaced residents, emergency shelters were being set up at these locations in the Little Rock area:
American Red Cross , Calvary Baptist Church, 5700 Cantrell Road, Little RockHall High School, 6700 H Street, Little RockNorth Little Rock Community Center, 2700 Willow Street, North Little Rock
Scott said the Rock Region bus service was helping transport people to the temporary shelter at Hall High School.
Assisting with recovery efforts
Area hospitals prepared to receive casualties, but there were few details on injuries and no reported deaths as of 8:30 p.m. Friday.
The University of Arkansas for Medical Sciences issued a Level 1 Mass Casualty Alert. UAMS is the only Level 1 Trauma Center in the state. Leslie Taylor, vice chancellor for communications and marketing, said that means the hospital can handle the highest level of casualties because they have staff in-house 24/7 and can handle all specialties to take care of the most severe injuries.
Sanders said at the press conference that no individual hospitals had been overwhelmed by injured people and that she had deployed mobile health units to help.
“I don’t think you can be emotionally prepared for something like this,” she said, but added that the state and city were definitely prepared in terms of resources.
Scott said he’d been told that about 30 people in Little Rock had been transported to hospitals in the city, but said, “By the grace of God, no deaths so far.”
He and Sanders both said they expected casualty numbers to go up overnight.
Taylor recalled working at UAMS in the late 1990s when another big tornado hit Little Rock.
“I remember that one. I actually was working here, and yes, we had people come in and one of the things we encouraged people to do was to go donate blood,” she said.
It’s always a good idea to donate blood, Taylor said.
The Arkansas Blood Institute is located at 101 South Shackleford Road in Little Rock.
In addition to giving blood, nonprofit organizations like Sheep Dog Impact Assistance, are starting to organize volunteer efforts. Based in Northwest Arkansas, SDIA works with veterans, law enforcement, fire and rescue and EMS personnel.
According to officials, SDIA is assessing the damage and will make a deployment decision in 24-36 hours. They could deploy as soon as Sunday and volunteers interested in helping can register here.
Arkansas Advocate is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Arkansas Advocate maintains editorial independence. Contact Editor Sonny Albarado for questions: info@arkansasadvocate.com. Follow Arkansas Advocate on Facebook and Twitter.
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