Republican hopeful for Lt. Governor Sue Lowden says she’ll step down from the Nevada Board of Medical Examiners regardless of the outcome of the primary election next month. Lowden says serving on the board is a tough job that causes her much anguish and she predicts tough times ahead as regulators tackle the role of physicians in medical marijuana.
But Lowden is pleased Governor Brian Sandoval, who supports her primary opponent Mark Hutchison, sent a nice letter inviting her to return. Lowden says she’s told the governor and her board colleagues that June will be her final meeting.
Is anyone else wondering how Nevada Gaming Commission members can keep a straight face while discussing the perils of licensees’ being associated with Nevada’s blossoming medical marijuana industry?
The commission voted (barely) last week to endorse the Control Board’s earlier edict that grass and green felt don’t mix.
Here’s a line from Howard Stutz’ report in the Las Vegas Review-Journal:
Thursday’s vote affirming that notice was 2-0 — three of the five commission members, all lawyers, recused themselves because members of their law firms represent clients with medical marijuana interests.
Commission Chairman Pete Bernhard is in business with Kaempfer Crowell, a firm working feverishly to deliver medical marijuana establishment licenses for its clients. Same story for Joe Brown of Fennemore Craig Jones Vargas.
But the best conflict on the commission belongs to John Moran.
His son and law firm colleague, JT Moran, represents a group applying for three licenses. Until last week the disclosed owners of the proposed establishments included Barry Moore, who is married to Jane Tobman Moore. Her sister Marilyn is the wife of gaming commissioner John Moran and the mom of young JT, the attorney representing Moore and the hopeful pot peddlers.
But Barry Moore owns a bar with slot machines. He’d have to give that up to get in the medical weed biz. Now, documents I received from the county on Friday reveal Barry is no longer listed as an owner of GB Sciences, but his wife is!
I’m no attorney but even I could figure out that slight degree of separation probably wouldn’t fly with gaming regulators, a hunch confirmed by Control Board Chairman A.G. Burnett, who said:
I do not feel that would be enough separation. If the Feds indicted the medical marijuana business, the husband might be implicated because of financial commingling between spouses, possible involvement or control entanglements between the two, or outright conspiracy to violate federal law.
Now, you’d think John Moran could have saved his son the trouble on this one. Or was young JT intending to keep dad in the dark about Aunt Janie’s proposed involvement?
And what degree of separation will gaming regulators determine is suitable?
Governor Brian Sandoval, who signed the medical marijuana establishment bill into law, supports the cautionary tone from gaming regulators.
Attorneys, officers of the court sworn to uphold the law, are so far getting a green light from the Nevada Bar to take part.
And in early June the state medical board, which regulates doctors, will take up issues involving that profession – from ethics to ownership.
Prohibiting doctors would really thin the herd of hopeful applicants… unless Clark County once again extends the “deadline” for ownership changes! And it would reinforce the perception that there’s really nothing “medical” about marijuana in Nevada.
Medical marijuana is legal in Nevada. Voters decided and the Legislature acted. The feds will come around. They have no choice.
In the meantime, here’s my advice for our betting state – All in or fold.
Link below to who’s on the Advisory Commission on the Administration of Justice’s Subcommittee on the Medical Use of Marijuana.
No meetings set, no agenda yet. May I suggest the first order of business – fix Nevada’s horrible law that can land innocent people in prison for trace amounts of a drug that stays in the system for days. Attorney John Watkins (also a judicial candidate) is on the commission and knows the issue better than anyone. Also on the commission, attorney and friend Kristina Wildeveld.
Bar Counsel David Clark sent me a copy of divorce decree from almost seven years ago. Apologies for linking him to ex-wife who is assistant to Jay Brown. I stand by the comments attributed to Clark.
I have seen your blog post and second post regarding our conversation and my “failure to disclose.”
I am requesting a retraction of your post on all media and all outlets in which you published the original post and second posting
First, attached is a copy of my divorce decree, showing that I was divorced from Diana Clark almost 7 years ago.
Second, I declined to offer you an opinion on the facts you proffered – repeatedly declined. I do not offer ethics opinions on news articles, only grievances and requests for opinions from attorneys or the court.
Third, I disagree with your characterization that the “Rules of Professional Conduct prohibit[…] lawyers from going into business with clients.” I certainly said no such thing.
RPC 1.8 prohibits such transactions unless the requirements of RPC 1.8(a)(1-3) are met. I mentioned this to you in our conversation. As to RPC 1.8(i), the prohibition is to “cause of action or subject matter of litigation.” Again, as I mentioned to you in our conversation, I have not seen “cause of action” ever applied to a non-litigation representation.
Please respond to my request for a retraction.
David A. Clark
State Bar of Nevada
600 East Charleston Blvd.
Las Vegas, NV 89104
(702) 317-1444 – direct
(702) 382-8747 – fax
Phil Pattee of Nevada Bar says David Clark no longer married to Diana Clark, assistant to Jay Brown. So no conflict?
This morning I called David Clark, the counsel for the Nevada Bar, to see if he had any concerns about Las Vegas attorney Jay Brown’s profit sharing agreement with his clients seeking medical marijuana licenses. Jon Ralston revealed http://www.ralstonreports.com/blog/attorney-jay-brown-asks-med-pot-client-37500-nonrefundable-fee-9-percent-business#.U3UTRvldX9k yesterday that Brown filed disclosures with Clark County, noting he will get 9% of profits from his successful applicants.
Clark seemed less than concerned, dismissing the two seminal provisions of the Nevada Rules of Professional Conduct prohibiting attorneys from going into business with clients. Clark noted that rule 1.8 (a) allows clients to waive conflicts declared by their attorneys (which Brown’s client did) and noted that at first glance rule 1.8 (i), which prohibits attorneys from having a proprietary interest in their client’s case, appears to apply to litigation.
What Clark failed to mention is the fact his wife, Diana, is a longtime assistant to Jay Brown. Is there a rule prohibiting such omissions?
Another proposal for a sports team. Real deal?
Here’s a list of the City of Henderson employees granted personal allowances by manager Jake Snow, who rescinded them after two months. This as the city cuts hours at recreation facilities, meals for seniors and seeks a tax hike.
|Group||Name||Earn Code||Job Title||Eff Date|
|MGT||Arboreen, Brian K||PRO||Fire Battalion Chief||4/14/2014|
|MGT||Borsellino, Roy M||PRO||Accounting Manager||4/14/2014|
|MGT||Bower, Tracy L||PRO||Sr Dir Pub Affr/Econ/Cultr Dev||4/14/2014|
|MGT||Carey, William J||PRO||Division Chief-Logistics||4/14/2014|
|MGT||Cassell, Marc A||PRO||Police Captain||4/14/2014|
|MGT||Coffee, Barbra J||PRO||Manager of Economic Dev/Redev||4/14/2014|
|MGT||Cooper, Sandra A||PRO||Manager Customer Svc/ Support||4/14/2014|
|MGT||Cranor, Bud A||PRO||Director Comm/Council Support||4/14/2014|
|MGT||Davy, Thomas E||PRO||Quality Control Manager||4/14/2014|
|MGT||Day, John A||PRO||Utility Engineering/Asset Mgr||4/14/2014|
|MGT||Derrick, Richard A||PRO||Chief Financial Officer||4/14/2014|
|MGT||Dunaway, Brian K||PRO||Police Captain||4/14/2014|
|MGT||Edwards, Adrian J||PRO||Water/Wastewater Ops Mgr||4/14/2014|
|EXE||Ellington, Bristol S||PRO||Asst City Manager||4/14/2014|
|MGT||Ellis, Alan R||PRO||Manager Of Inspection Services||4/14/2014|
|MGT||Fennema, Jennifer K||PRO||Director Of Human Resources||4/14/2014|
|MGT||Ferguson, Shari P||PRO||Asst Director Of Parks & Recr||4/14/2014|
|MGT||Foutz, Lawrence T||PRO||Asst Director Plan & Nbhd Svs||4/14/2014|
|MGT||Fucci, Laura L||PRO||Chief Information Officer||4/14/2014|
|MGT||Garcia-Vause, Stephanie D||PRO||Community Dev and Svs Director||4/14/2014|
|MGT||Geach, Barbara A||PRO||Neighborhood Relations Manager||4/14/2014|
|MGT||Gibson, Michael R||PRO||Fire Battalion Chief||4/14/2014|
|MGT||Goble, Steven R||PRO||Fire Chief||4/14/2014|
|MGT||Green, James P||PRO||Police Captain||4/14/2014|
|MGT||Guild, Douglas E||PRO||Parks Superintendent||4/14/2014|
|MGT||Herr, Robert C||PRO||Asst Public Works Director||4/30/2014|
|MGT||Hobaica, Mark F||PRO||City Architect||4/14/2014|
|EXE||Horvath, Fred D||PRO||Asst City Manager||4/14/2014|
|MGT||Howell, Priscilla E||PRO||Director Of Utility Services||4/14/2014|
|MGT||Ihmels, Sally A||PRO||Asst Director||4/15/2014|
|MGT||Jadid, Mohammad G||PRO||Asst Director Bldg/Fire Safety||4/14/2014|
|MGT||Johnston, Michael J||PRO||Police Captain||4/14/2014|
|MGT||Kershaw, Concepcion||PRO||Accounting Manager||4/14/2014|
|MGT||Koopman, Douglas A||PRO||Fire Battalion Chief||4/14/2014|
|MGT||Lauer, Pamela K||PRO||Corrections Superintendent||4/14/2014|
|MGT||Long, Bobby J||PRO||Police Captain||4/14/2014|
|MGT||Lynch, Jill R||PRO||Budget Manager||4/14/2014|
|MGT||Mattoon, Michael D||PRO||Police Captain||4/14/2014|
|MGT||Mazurkiewicz, Jayne M||PRO||Recreation Superintendent||4/14/2014|
|MGT||McGuire, Edward D||PRO||City Engineer||4/14/2014|
|MGT||McKeever, Timothy P||PRO||Fire Battalion Chief||4/14/2014|
|MGT||Moers, Patrick E||PRO||Chief of Police||4/14/2014|
|MGT||Morris, Matthew L||PRO||Deputy Fire Chief||4/14/2014|
|MGT||Murnane, Robert A||PRO||Public Works Director||4/14/2014|
|MGT||Nelson, Russell K||PRO||Asst Chief Information Officer||4/14/2014|
|MGT||Okamura, Kyle R||PRO||Utility Planning & Bus Ops Mgr||4/14/2014|
|MGT||Osip, Robert A||PRO||Risk Manager||4/14/2014|
|MGT||Pakniat, Majid||PRO||Manager Of Plans Examining Svs||4/14/2014|
|MGT||Penuelas, John R||PRO||City Traffic Engineer||4/14/2014|
|MGT||Peters, Todd A||PRO||Deputy Police Chief||4/14/2014|
|MGT||Pohlmann, Brenda L||PRO||Environmental Programs Manager||4/14/2014|
|MGT||Primo, Andrea S||PRO||Director Cultural Arts/Tourism||4/14/2014|
|MGT||Rajchel, Joseph V||PRO||General Services Maint Manager||4/14/2014|
|MGT||Romero, Jeannine M||PRO||Manager Of Redevelopment||4/14/2014|
|MGT||Satterlee, Scott E||PRO||Fire Battalion Chief||4/14/2014|
|MGT||Stilson, Jeffrey H||PRO||Deputy Police Chief||4/14/2014|
|MGT||Tassi, Michael||PRO||Planning Manager||4/14/2014|
|MGT||Turner, Ryan M||PRO||Manager Emergency Mgmt/Safety||4/14/2014|
|MGT||Veit, Timothy W||PRO||Fire Battalion Chief||4/14/2014|
|MGT||Vivier, Scott A||PRO||Division Chief-EMS||4/14/2014|
|MGT||White, Shawn L||PRO||Deputy Fire Chief||4/14/2014|
|MGT||Willis, Lon E||PRO||Information Tech Project Mgr||4/14/2014|
|MGT||Wilson, James A||PRO||Manager Of Network Services||4/14/2014|
|MGT||Wright, Melissa S||PRO||City Auditor||4/14/2014|
|MGT||Zihlmann, William J||PRO||Court Administrator||4/14/2014|