Nevada Rules of Professional Conduct

Link to PDF Nevada Rules of Professional Conduct revised to 10/19/19

NEVADA RULES OF PROFESSIONAL CONDUCT IMPLICATED PROVISIONS

Rule 1.0. Terminology.

(c) “Firm” or “law firm” denotes a lawyer or lawyers in a law partnership, professional corporation, sole proprietorship or other association authorized to practice law; or lawyers employed in a legal services organization or the legal department of a corporation or other organization.

(d) “Fraud” or “fraudulent” denotes conduct that is fraudulent under the substantive or procedural law of the applicable jurisdiction and has a purpose to deceive.

(f) “Knowingly,” “known,” or “knows” denotes actual knowledge of the fact in question. A person’s knowledge may be inferred from circumstances.

(g) “Partner” denotes a member of a partnership, a shareholder in a law firm organized as a professional corporation, or a member of an association authorized to practice law.

(h) “Reasonable” or “reasonably” when used in relation to conduct by a lawyer denotes the conduct of a reasonably prudent and competent lawyer.

(i) “Reasonable belief” or “reasonably believes” when used in reference to a lawyer denotes that the lawyer believes the matter in question and that the circumstances are such that the belief is reasonable.

(j) “Reasonably should know” when used in reference to a lawyer denotes that a lawyer of reasonable prudence and competence would ascertain the matter in question.

(l) “Substantial” when used in reference to degree or extent denotes a material matter of clear and weighty importance.

(m) “Tribunal” denotes a court, an arbitrator in a binding arbitration proceeding or a legislative body, administrative agency or other body acting in an adjudicative capacity. A legislative body, administrative agency or other body acts in an adjudicative capacity when a neutral official, after the presentation of evidence or legal argument by a party or parties, will render a binding legal judgment directly affecting a party’s interests in a particular matter.

(n) “Writing” or “written” denotes a tangible or electronic record of a communication or representation, including handwriting, typewriting, printing, photostating, photography, audio or videorecording and electronic communications. A “signed” writing includes an electronic sound, symbol or process attached to or logically associated with a writing and executed or adopted by a person with the intent to sign the writing.

(o) “Organization” when used in reference to “organization as client” denotes any constituent of the organization, whether inside or outside counsel, who supervises, directs, or regularly consults with the lawyer concerning the organization’s legal matters unless otherwise defined in the Rule.

Rule 3.1. Meritorious Claims and Contentions.

A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous

Rule 3.3. Candor Toward the Tribunal.

(a) A lawyer shall not knowingly:

(1) Make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer;

(2) Fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or

(3) Offer evidence that the lawyer knows to be false.

(b) A lawyer who represents a client in an adjudicative proceeding and who knows that a person intends to engage, is engaging or has engaged in criminal or fraudulent conduct related to the proceeding shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.

(c) The duties stated in paragraphs (a) and (b) continue to the conclusion of the proceeding, and apply even if compliance requires disclosure of information otherwise protected by Rule 1.6.

Rule 3.4. Fairness to Opposing Party and Counsel. A lawyer shall not:

(a) Unlawfully obstruct another party’s access to evidence or unlawfully alter, destroy or conceal a document or other material having potential evidentiary value. A lawyer shall not counsel or assist another person to do any such act;

(b) Falsify evidence,

(d) In pretrial procedure, … fail to make reasonably diligent effort to comply with a legally proper discovery request by an opposing party;

Rule 3.5. Impartiality and Decorum of the Tribunal

(a) A lawyer shall not seek to influence a judge, juror, prospective juror or other official by means prohibited by law.

(b) A lawyer shall not communicate ex parte with a judge, juror, prospective juror or other official except as permitted by law.

TRANSACTIONS WITH PERSONS OTHER THAN CLIENTS

Rule 4.1. Truthfulness in Statements to Others.

In the course of representing a client a lawyer shall not knowingly:

(a) Make a false statement of material fact or law to a third person; or

(b) Fail to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by Rule 1.6.

Rule 4.4. Respect for Rights of Third Persons.

(a) In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person.

Rule 5.1. Responsibilities of Partners, Managers, and Supervisory Lawyers.

(a) A partner in a law firm, and a lawyer who individually or together with other lawyers possesses comparable managerial authority in a law firm, shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that all lawyers in the firm conform to the Rules of Professional Conduct.

(b) A lawyer having direct supervisory authority over another lawyer shall make reasonable efforts to ensure that the other lawyer conforms to the Rules of Professional Conduct.

(1) The lawyer orders or, with knowledge of the specific conduct, ratifies the conduct involved; or

(2) The lawyer is a partner or has comparable managerial authority in the law firm in which the other lawyer practices, or has direct supervisory authority over the other lawyer, and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action.

Rule 5.2. Responsibilities of a Subordinate Lawyer.

(a) A lawyer is bound by the Rules of Professional Conduct notwithstanding that the lawyer acted at the direction of another person.

(b) A subordinate lawyer does not violate the Rules of Professional Conduct if that lawyer acts in accordance with a supervisory lawyer’s reasonable resolution of an arguable question of professional duty.

MAINTAINING THE INTEGRITY OF THE PROFESSION

Rule 8.3. Reporting Professional Misconduct.

(a) A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority.

(b) A lawyer who knows that a judge has committed a violation of applicable rules of judicial conduct that raises a substantial question as to the judge’s fitness for office shall inform the appropriate authority.

Rule 8.4. Misconduct.

It is professional misconduct for a lawyer to:

(a) Violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;

(b) Commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects;

(d) Engage in conduct that is prejudicial to the administration of justice;

(f) Knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law.

Nevada Rules of Civil Procedure

Link to Nevada Rules of Civil Procedure PDF as revised through 10/19/19

Matters of Fact

NRS 47.130 Matters of fact.
      1. The facts subject to judicial notice are facts in issue or facts from which they may be inferred.
      2. A judicially noticed fact must be:
      (a) Generally known within the territorial jurisdiction of the trial court; or
      (b) Capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned,
Ê so that the fact is not subject to reasonable dispute.
      (Added to NRS by 1971, 777)
NRS 47.130

Matters of Law

NRS 47.140 Matters of law. The laws subject to judicial notice are:
      1. The Constitution and statutes of the United States, and the contents of the Federal Register.
      2. The Constitution of this State and Nevada Revised Statutes.
      3. Any other statute of this State if brought to the attention of the court by its title and the day of its passage.
      4. A county, city or town code which has been filed as required by NRS 244.118, 268.014, 269.168 or the city charter and any city ordinance which has been filed or recorded as required by the applicable law.
      5. The Nevada Administrative Code.
      6. A regulation not included in the Nevada Administrative Code if adopted in accordance with law and brought to the attention of the court.
      7. The population category and organization of a city incorporated pursuant to general law.
      8. The constitution, statutes or other written law of any other state or territory of the United States, or of any foreign jurisdiction, as contained in a book or pamphlet published by its authority or proved to be commonly recognized in its courts.
      (Added to NRS by 1971, 777; A 1973, 6; 1977, 1388; 1985, 231, 366; 2001, 632)
NRS 47.140

Other RFJN provisions

NRS 47.150 Discretionary and mandatory notice.
      1. A judge or court may take judicial notice, whether requested or not.
      2. A judge or court shall take judicial notice if requested by a party and supplied with the necessary information.
      (Added to NRS by 1971, 777)
      NRS 47.160 Opportunity to be heard. A party is entitled upon timely request to an opportunity to be heard as to the propriety of taking judicial notice and the tenor of the matter to be noticed.
      (Added to NRS by 1971, 777)
      NRS 47.170 Time of taking notice. Judicial notice may be taken at any stage of the proceeding prior to submission to the court or jury.
      (Added to NRS by 1971, 777)

Nevada Commission on Judicial Discipline Complaint

Download this single-page NCJD letter. It includes all 16 attachments listed below are part of one PDF: 2012-026 NCJD NEVADA COMMISSION ON JUDICIAL DISCIPLINE CASE 2021-026

ATTACHMENT 5 UNHEARD MSJ VS. ALL

ATTACHMENT6 EVIDENCE STRICKEN EX PARTE

A TTACHMENT 7 NOTICE OF TOBIN- HANSEN TRUST COMPLETION OF MEDIATION

A TTACHMENT 8 4/14/19 NONA TOBIN DECL VS. NATIONSTAR

A TTACHMENT 9 3/14/19 COMPLAINT TO THE NV ATTORNEY GENERAL

ATTACHMENT 10 11/10/20 2^ND COMPLAINT TO THE NV ATTORNEY GENERAL

ATTACHMENT 11 EX PARTE MINUTES

ATTACHMENT 12 EX PARTE TRANSCRIPT

ATTACHMENT 13 RECORDED FRAUD BY NATIONSTAR

ATTACHMENT 14 EX PARTE 001-005 KISHNER

ATTACHMENT 15 OBSTRUCTION OF FORCED LITIGATION

ATTACHMENT 16 EX PARTE STRICKEN NOT HEARD

Link to YouTube channel Judicial Jiu-jitsu

Video 9 in the Fraud on the Court series; “Nevada state courts are rigged“

Video 6 in the Fraud on the Court series: “Failure of Nevada civil courts to address white collar crime”

What is a Lis Pendens?

Link to Lis Pendens recorded against the title of 2763 White Sage to 8/14/19

Chiesi/Quicken recorded claims on 12/27/19 while Tobin’s lis pendens were on record which gave them notice of the title disputes in litigation. Brian and Debora Chiesi bought the property from Joel Stokes knowing that Joel Stokes did not have a valid deed as Jimijack had no valid interest to transfer and that Joel Stokes had not been party to the quiet title trial against Jimijack before Judge Kishner, and that Jimijack and Nationstar concealed from the court both Joel Stokes’ 5/1/19 deed and his encumbering the property on 5/23/19 with a $355,000 personal loan from non-party Civic Financial Services. Quicken Loans encumbered the property with a new $353,500 deed of trust on 12/27/19 knowing that the property was still encumbered with the 5/23/19 Civic Financial Services $355,000 deed of trust to Joel Stokes.

12/3/20 order unfairly expunged Tobin’s lis pendens as if they had never been recorded

“Said cancellation has the same effect as an expungement of the original notice.”
lines 8-9, 12/3/20 order, recorded 12/4/20 by Quicken Loans’s and Brian & Debora Chiesi’s attorney, Brittany Wood, to cover up the duplicity of their 12/27/19 recorded claims while Tobin’s lis pendens were on record

NRS 14.010 Notice of pendency of actions affecting real property: Recording.

NRS 14.010 Notice of pendency of actions affecting real property: Recording.
      1. In an action for the foreclosure of a mortgage upon real property, or affecting the title or possession of real property, the plaintiff, at the time of filing the complaint, and the defendant, at the time of filing his or her answer, if affirmative relief is claimed in the answer, shall record with the recorder of the county in which the property, or some part thereof, is situated, a notice of the pendency of the action, containing the names of the parties, the object of the action and a description of the property in that county affected thereby, and the defendant shall also in the notice state the nature and extent of the relief claimed in the answer.
      2. A notice of an action affecting real property, which is pending in any United States District Court for the District of Nevada may be recorded and indexed in the same manner and in the same place as provided with respect to actions pending in courts of this state.
      3. From the time of recording only, except as otherwise provided in NRS 14.017, the pendency of the action is constructive notice to a purchaser or encumbrancer of the property affected thereby. In case of the foreclosure of the mortgage, all purchasers or encumbrancers, by unrecorded deed or other instrument in writing made before the recording of the notice, and after the date of the mortgage, shall be deemed purchasers or encumbrancers after the recording of the notice, and subject thereto, unless NRS 14.017 is applicable or they can show that, at the time of recording the notice, the plaintiff had actual notice of the purchase or encumbrance.
      [1911 CPA § 79; RL § 5021; NCL § 8577] — (NRS A 1969, 22; 1983, 1849; 1987, 637; 2001, 1747)
NRS 14.010

NRS 14.015 Notice of pendency of actions affecting real property: Hearing; cancellation; bond.

NRS 14.015 Notice of pendency of actions affecting real property: Hearing; cancellation; bond.
      1. After a notice of pendency of an action has been recorded with the recorder of the county, the defendant or, if affirmative relief is claimed in the answer, the plaintiff, may request that the court hold a hearing on the notice, and such a hearing must be set as soon as is practicable, taking precedence over all other civil matters except a motion for a preliminary injunction.
      2. Upon 15 days’ notice, the party who recorded the notice of pendency of the action must appear at the hearing and, through affidavits and other evidence which the court may permit, establish to the satisfaction of the court that:
      (a) The action is for the foreclosure of a mortgage upon the real property described in the notice or affects the title or possession of the real property described in the notice;
      (b) The action was not brought in bad faith or for an improper motive;
      (c) The party who recorded the notice will be able to perform any conditions precedent to the relief sought in the action insofar as it affects the title or possession of the real property; and
      (d) The party who recorded the notice would be injured by any transfer of an interest in the property before the action is concluded.
      3. In addition to the matters enumerated in subsection 2, the party who recorded the notice must establish to the satisfaction of the court either:
      (a) That the party who recorded the notice is likely to prevail in the action; or
      (b) That the party who recorded the notice has a fair chance of success on the merits in the action and the injury described in paragraph (d) of subsection 2 would be sufficiently serious that the hardship on him or her in the event of a transfer would be greater than the hardship on the defendant resulting from the notice of pendency,
Ê and that if the party who recorded the notice prevails he or she will be entitled to relief affecting the title or possession of the real property.
      4. The party opposing the notice of the pendency of an action may submit counter-affidavits and other evidence which the court permits.
      5. If the court finds that the party who recorded the notice of pendency of the action has failed to establish any of the matters required by subsection 2, the court shall order the cancellation of the notice of pendency and shall order the party who recorded the notice to record with the recorder of the county a copy of the order of cancellation. The order must state that the cancellation has the same effect as an expungement of the original notice.
      6. If the court finds that the party who recorded the notice of pendency of the action has established the matters required by subsection 2, the party opposing the notice may request the court to determine whether a bond in an amount to be determined by the court would provide adequate security for any damages which the party who recorded the notice might incur if the notice were so cancelled and the party opposing the notice did not prevail in the action. If the court determines that a bond would provide adequate security, the party opposing the notice may post a bond or other security in the amount determined by the court. The court shall then order the cancellation of the notice of pendency and shall order the party opposing the notice to record with the recorder of the county a copy of the order of cancellation. The order must state that the cancellation has the same effect as an expungement of the original notice.
      (Added to NRS by 1979, 982; A 1981, 1891; 1987, 638)
NRS 14.015

NRS 14.017 Notice of pendency of actions affecting real property: Transferability of property after withdrawal or cancellation.

NRS 14.017 Notice of pendency of actions affecting real property: Transferability of property after withdrawal or cancellation.
1. Upon the withdrawal of a notice of the pendency of an action affecting real property, or upon the recordation of a certified copy of a court order for the cancellation of a notice of the pendency of such an action with the recorder of the county in which the notice was recorded, each person who thereafter acquires an interest in the property as a purchaser, transferee, mortgagee or other encumbrancer for a valuable consideration, except a party to the action who is not designated by a fictitious name at the time of the withdrawal or order of cancellation, shall be deemed to be without knowledge of the action or of any matter, claim or allegation contained therein, irrespective of whether the person has or at any time had actual knowledge of the action or of any matter, claim or allegation contained therein.
2. The purpose of this section is to provide for the absolute and complete transferability of real property after the withdrawal or cancellation of a notice of the pendency of an action affecting the property.
NRS 14.017

What is racketeering as it relates to Nona Tobin’s case?

NRS 207.360 “Crime related to racketeering” defined.

NRS 207.360 “Crime related to racketeering” defined. [Effective July 1, 2020.] “Crime related to racketeering” means the commission of, attempt to commit or conspiracy to commit any of the following crimes:
           9. Taking property from another under circumstances not amounting to robbery;
      18. Grand larceny;
      29. Perjury or subornation of perjury;
      30. Offering false evidence;
      35. Any violation of NRS 205.377;
      (Added to NRS by 1983, 1495; A 1989, 18, 160; 1991, 124, 161; 1997, 493; 1999, 2642; 2001, 1100; 2003, 2951; 2005, 79; 2009, 144; 2011, 173; 2013, 2434, 3697; 2017, 511; 2019, 2632, 4443, effective July 1, 2020)
NRS 207.360

Multiple false claims to title have increased penalties

NRS 205.377 Multiple transactions involving fraud or deceit in course of enterprise or occupation; penalty.

NRS 205.377 Multiple transactions involving fraud or deceit in course of enterprise or occupation; penalty. [Effective through June 30, 2020.]
      1. A person shall not, in the course of an enterprise or occupation, knowingly and with the intent to defraud, engage in an act, practice or course of business or employ a device, scheme or artifice which operates or would operate as a fraud or deceit upon a person by means of a false representation or omission of a material fact that:
      (a) The person knows to be false or omitted;
      (b) The person intends another to rely on; and
      (c) Results in a loss to any person who relied on the false representation or omission,
Ê in at least two transactions that have the same or similar pattern, intents, results, accomplices, victims or methods of commission, or are otherwise interrelated by distinguishing characteristics and are not isolated incidents within 4 years and in which the aggregate loss or intended loss is more than $650.
      2. Each act which violates subsection 1 constitutes a separate offense.
      3. A person who violates subsection 1 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $10,000.
      4. In addition to any other penalty, the court shall order a person who violates subsection 1 to pay restitution.
      5. A violation of this section constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.
      6. As used in this section, “enterprise” has the meaning ascribed to it in NRS 207.380.
      (Added to NRS by 2009, 143; A 2011, 168)
NRS 205.377

Recording false claims to title is a crime in Nevada

NRS 205.395 False representation concerning title; penalties; civil action.

1. Every person who:
      (a) Claims an interest in, or a lien or encumbrance against, real property in a document that is recorded in the office of the county recorder in which the real property is located and who knows or has reason to know that the document is forged or groundless, contains a material misstatement or false claim or is otherwise invalid;
      (b) Executes or notarizes a document purporting to create an interest in, or a lien or encumbrance against, real property, that is recorded in the office of the county recorder in which the real property is located and who knows or has reason to know that the document is forged or groundless, contains a material misstatement or false claim or is otherwise invalid; or
      (c) Causes a document described in paragraph (a) or (b) to be recorded in the office of the county recorder in which the real property is located and who knows or has reason to know that the document is forged or groundless, contains a material misstatement or false claim or is otherwise invalid,
Ê has made a false representation concerning title.
      2. A person who makes a false representation concerning title in violation of subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130.
      3. A person who engages in a pattern of making false representations concerning title is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 20 years, or by a fine of not more than $50,000, or by both fine and imprisonment.
      4. In addition to the criminal penalties imposed for a violation of this section, any person who violates this section is subject to a civil penalty of not more than $5,000 for each violation. This penalty must be recovered in a civil action, brought in the name of the State of Nevada by the Attorney General. In such an action, the Attorney General may recover reasonable attorney’s fees and costs.
      5. Except as otherwise provided in this subsection, the owner or holder of the beneficial interest in real property which is the subject of a false representation concerning title may bring a civil action in the district court in and for the county in which the real property is located to recover any damages suffered by the owner or holder of the beneficial interest plus reasonable attorney’s fees and costs. The owner or holder of the beneficial interest in the real property must, before bringing a civil action pursuant to this subsection, send a written request to the person who made the false representation to record a document which corrects the false representation. If the person records such a document not later than 20 days after the date of the written request, the owner or holder of the beneficial interest may not bring a civil action pursuant to this subsection.
      6. As used in this section:
      (a) “Encumbrance” includes, without limitation, a lis pendens or other notice of the pendency of an action.
      (b) “Pattern of making false representations concerning title” means one or more violations of a provision of subsection 1 committed in two or more transactions:
             (1) Which have the same or similar pattern, purposes, results, accomplices, victims or methods of commission, or are otherwise interrelated by distinguishing characteristics;
             (2) Which are not isolated incidents within the preceding 4 years; and
             (3) In which the aggregate loss or intended loss is more than $250.
      [1911 C&P § 441; RL § 6706; NCL § 10394] — (NRS A 2011, 338, 1748; 2015, 1358)
NRS 205.395