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Email : stephen@stephenpstubbs.com
INTRODUCTION I
ARGIJMENT I
ilI. Judse Miller Then Issued a Biased R ulins Asainst Mr. Hunt
On the Sam e f)av That While Marouis Aurbach Coffins Filed
Judge Miller's Opposition 4
CONCLUSION 7
I
INTRODUCTION
ARGUMENT
On February 27, 2018, Judge Miller issued a gag order against Attorney
Stephen Stubbs in this case because Attorney Stubbs made a Facebook post on
February 19,2018 stating that City Attorney Steve Morris doesn't care about the
for Writ of Mandamus in the Eighth Judicial District Court to contest Judge Miller's
gag order, and Judge Miller hired Marquis Aurbach Coffing to oppose Attorney
Stubbs's Petition for Writ of Mandamus, filing his Response on April 4,2018. RPIIA
1 Attorney Stubbs's Facebook post was just a few weeks before the Boulder City
Council was to make a final decision on whether to give Steve Morris a long-term,
permanent contract as City Attorney, and Judge Miller specifically wrote in his gag
order that fact, clearly protecting Steve Morris from negative public statements. 3
PA 573:26-28.
I
I. Marouis Aurbach Coffins Now Represents the Citv of Boulder City
and the Boulder Citv Municipal Court Judee Victor Miller in Unitv
Against Mr. Hunt.
Attorney Stubbs's Petition for Writ of Mandamus, which created a myriad of ethical
problems that are now compounded with this new filing, âs Marquis Aurbach
Coffrng is now directly representing the City of Boulder City in the Writ that is
Judge Miller, City Attorney Steve Morris and the City of Boulder City, Marquis
Aurbach Coffing now represents everyone except John Hunt, executive and judicial,
in both civil and criminal matters with the same case. This creates several conflicts
of interest and shows the fundamental problems of collusion that have plagued this
Judge Miller's conclusion of facts of the underlying criminal case in a damning and
prejudicial way against Mr. Hunt. RPIIA 069:8-070:4. Interestingly, Judge Miller
adopted the exact facts that the City of Boulder City set out in their February 23,
2018 Motion for Summary Judgment in the companion civil rights case in the
2
Federal Court (John Hunt v. City of Boulder City,2:17 -cv-015 19-JCM-NJK). RPIIA
facts regarding "The Incident" Judge Miller's Response to the City ofBoulder City's
the federal civil rights case. Id. The identical language is as follows:
J
Glenn arrested Hunt for failing to yietd to traffic (Nev. Rev. Stat.
54848.283) and resisting a public officer (Nev. Rev. Stat. S 199.230).
This is an outrageous and clear violation of Judge Miller's ethical duties under
the Nevada Code of Judicial Conduct Rules 1.2 (Promoting Confidence in the
Judiciary), 2.2 (Impartiality and Fairness), 2.3 (Bias, Prejudice, and Harassment),
All filed by the law firm of Marquis Aurbach Coffing. There is literally no
explanation for this "statement of facts" in Judge Miller's Response to be verbatim
from the City of Boulder City's Motion except that Judge Miller and the City of
Boulder City are in cahoots against Mr. Hunt. This is improper and wrong, and
Judge Miller declared John Hunt guilty (by and through his attorneys, Marquis
Aurbach Coffing), on April 9, 2018 before a trial, and before any evidence was
presented to Judge Miller regarding the substantive facts of the criminal case. 3 PA
696.
Before Judge Miller Recused himself off,rcially on April 2,2018, Judge Miller
issued a substantive order denying John Hunt's Motion to Dismiss the Obstruction
4
substantive order was filed on the same day that Marquis Aurbach Coffing filed
Ultimately, the Honorable Eighth Judicial District Court Judge Susan Johnson
reversed Judge Miller's February 27,2018 gag order as unconstitutional, even stated
in her written order: "...Judge Miller is more concerned of the prejudice to him in
deciding legal issues", and "At best, one might glean JUDGE MILLER would be
an "Exhibit A" (Declaration of Steven Morris), which specifically states that City
Attorney Steve Morris is in support of Judge Miller's Response. RPIIA 084-087. All
the while, the underlying criminal case was still active. This was undeniable and
Marquis Aurbach Coffing, between Judge Miller and City Attorney Steve Morris, as
they worked together on Judge Miller's Response to the Petition for Writ of
Mandamus, and Judge Miller included City Attorney Steve Morris's supportive
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declaration in his Response in violation of Nevada Code of Judicial Conduct Rule
2.9 (Ex-Parte Communications). Please note that City Attorney Steve Morris signed
his Declaration on April 2,2018, which is the same day thatJudge Miller's Response
was filed. RPIIA 087. This shows that the Declaration was one of the last things
done, and shows coordination and unification of effort between City Attorney Steve
Morris, Marquis Aurbach Coffing and Judge Miller during Mr. Hunt's criminal case.
Considering that Steve Morris's ONLY paralegal at the time (Pauline Hornyak)
doubled as a clerk of the Boulder City Municipal Court, and the problems were
accentuated.
In the instant Answer for this Petition for Writ, Mr. Hunt presents evidence to
the Nevada Supreme Court of the collusion by the City and Judge Miller. This
collusion shows why it is important that the District Court have authority to decide
pre-trial motions on trials anew. Now that Marquis Aurbach Coffing is representing
both Judge Miller and the City of Boulder City, who will Marquis Aurbach Coffing
give their loyalty to? Or even worse, do they have a unity of interest here? Under
take on the representation of both the City of Boulder City and Judge Miller in such
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closely related matters unless the City of Boulder City and Judge Miller are unified
CONCLUSION
For the above reasons, Mr. Hunt respectfully requests that this Court disquali$
Marquis Aurbach Coffing from representing the City of Boulder City further in this
matter
/s/Stephen P. Stubbs
Stephen P. Stubbs, Attomey atLaw
Nevada Bar No. 10449
626 S. Third Street
Las Vegas, NV 89101
Telephon e: (7 02) 7 59 -3224
Facsimile : (7 02) 293 -3289
Email : stephen@stephenpstubbs. com
Attorneyþr Real Party in Interest John Bridgþrd Hunt
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CERTIF'ICATE O F COMPLIANCE
MARQUIS AURBACH COFFING complies with the typeface and type style
14-point Times New Roman type style. I further certifu that this brief complies
information, and belief, it is not frivolous or interposed for any improper purpose.
I further certifl'that this brief complies with all applicable Nevada Rules of
page and volume number, if any, of the transcript or appendix where the matter
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accompanying brief is not in conformity with the requirements of the Nevada
. Stubbs
Stephen P. Stubbs, Attorney atLaw
Nevada Bar No. 10449
626 S. Third Street
Las Vegas, NV 89101
Telephon e: (7 02) 7 59-3224
Facsimile : (7 02) 293 -3289
Email : stephen@stephenpstubbs.com
Attorney þr Real Party in Interest John Bridgþrd Hunt
9
CERTIFICATE OF SERVICE
AURBACH COFFING was electronically filed with the Nevada Supreme Court
I further certifu that I served a copy of these documents by mailing true and
10
Steven L. Morris, Esq.
Nevada Bar No. 7454
Gury R. Booker, Esq.
Nevada Bar No. 2028
Off,rce of the City Attorney
City of Boulder City
401 California Ave.
Boulder City, Nevada 89005
Telephon e: (7 02) 293 -9238
Facsimile (7 02) 293 -9 438
smorris@bcnv.org
Attorneys þr Petitioner, City of Boulder City
/s/Stephen P. Stubbs
Stephen P. Stubbs, Attorney atLaw
Nevada Bar No. 10449
626 S. Third Street
Las Vegas, NV 89101
Telephon e: (7 02) 7 59 -3224
Facsimile : (7 02) 293 -3289
Email : stephen@stephenpstubbs.com
Attorneyþr Real Party in Interest John Bridgþrd Hunt
11