State Bar rule against discrimination and harassment shot down

Say a group of male attorneys at a Nevada State Bar Association meeting are drinking, and a female lawyer walks by and one guy makes a vulgar comment about her. She hears him and is offended, or someone else is offended.

Or during a Continuing Legal Education seminar debate on same-sex marriage, an attorney criticizes gays and transgender people.

Or perhaps a lawyer who’s also an instructor of a law school class makes a tasteless joke in class about Muslims, offending someone.

The State Bar of Nevada proposed a rule change to add anti-harassment and anti-discrimination language to its Rules of Professional Conduct — a move that sounded like a good thing. It was designed to eliminate bias and enhance diversity in the legal profession.

The language, taken directly from the American Bar Association rule adopted in 2016, would have made it professional misconduct to “engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law.”

Opponents worried that in venues outside the courtroom, such as state bar events or even social events, someone could file a complaint with the bar alleging professional misconduct in situations like the first three examples occurred.

The opponents argued that by saying “in conduct related to the practice of law” the verbal comments cited in the first three examples could open the door to a bar complaint for misconduct against an attorney

The proposed rule was met with intense opposition from national Christian groups, professors and local attorneys. Opponents argued it would be an infringement of their First Amendment right to free speech if the new rule subjected them to a bar complaint if anyone heard their words and filed a misconduct complaint with the bar.

Pulling back

Rather than fight, the bar has caved. For now.

Caving avoided a Monday hearing before the Nevada Supreme Court, where the justices would be asked to say yea or nay, potentially pitting them against free speech advocates and possibly forcing them to tacitly condone sexual harassment and discrimination as a free speech right.

The timing couldn’t be worse as women (and men) are coming forward in hordes complaining of sexual harassment by powerful people in the world of entertainment, journalism and other fields. Harvey Weinstein, Kevin Spacey, Bill O’Reilly, Mark Halperin and Roger Ailes will forever be associated with sexual harassment.

Nevada State Bar President Gene Leverty withdrew the proposal for the anti-harassment/anti-discrimination rule, saying the comments opposing the proposed rule caused “the Board to pause.”

While the language was identical to the ABA language, Leverty told the Nevada Supreme Court the language used in other states was “inconsistent and changing.” He asked to retract the proposed rule change regarding misconduct but reserve the right to refile “when, and if the language sorts out in other jurisdictions.”

I’m not holding my breath. But the bulk of the opposition seems to come from academics such as Eugene Volokh, who fought the ABA rule change without success.

The examples he cites don’t focus on sexual harassment, but instead on the discrimination side.

Several Christian groups, including the Church State Council, a Seventh-day Adventist organization that provides legal advice for those facing religious discrimination, strongly opposed the anti-harassment/anti-discrimination proposal, arguing that it “places the free speech and religion of lawyers at the mercy of State Bar Tribunals.”

The opponents, in my opinion, seem to think the bar has time on its hands. I doubt if any of the first three examples offered would result in bar action. Perhaps I’m wrong.

The Christian Legal Society predicted the rule change “would create ethical concerns for attorneys who serve on nonprofit boards, speak on panels, teach at law schools or otherwise engage in public discussions regarding current political, social and religious questions.”

Most of the opposition focus was on discrimination not harassment. However, the head of the Christian Legal Society wrote, “Nevada attorneys should be free to practice law without the fear of false accusations of discrimination or harassment threatening their livelihood.”

For now, and perhaps forever, the state bar won’t pursue making harassment or discrimination misconduct because of all the “what ifs” raised by opponents using the First Amendment as a weapon.

Nevada lawyers who want to make racist and sexist remarks can just have at it. As some always have.

Jane Ann Morrison’s column runs Thursdays in the Nevada section. Contact her at jane@reviewjournal.com or 702-383-0275. Follow @janeannmorrison on Twitter.

ad-high_impact_4
News
Paul McCartney is worth over $1 billion
Sir Paul McCartney is one of the most celebrated and accomplished musicians in history. He just turned 76 on June 18. McCartney grew to international fame with the Beatles and went on to become a wildly successful solo musician. Paul McCartney’s net worth is estimated at $1.2 billion, according to Celebrity Net Worth. In 2017, McCartney landed the No. 13 spot on Forbes’ list of the world’s highest-paid musicians, earning $54 million for the year. On Thursday, June 20, McCartney will release a double A-side single featuring two new songs, "I Don't Know" and "Come On to Me." McCartney has yet to announce a title of his new album or when it will be released. Th album is expected to be released before he headlines the Austin City Limits Music fest in October.
Water leak at Mandalay Bay convention center
The convention center area of Mandalay Bay in Las Vegas experienced major flooding Tuesday afternoon. Credit: Melinda Cook
Hollywood Memorabilia Up For Grabs at Las Vegas Auction
Elvis Presley's car, Marilyn Monroe's bras, Han Solo's blaster, and Jerry Lewis's "Nutty Professor" suit are just some of the items that are up for auction at Julien's Auctions at Planet Hollywood June 22 and 23. The auction's viewing room at Planet Hollywood is open to the public 11 a.m. to 6 p.m. daily through Saturday at Planet Hollywood. (Madelyn Reese/Las Vegas Review-Journal)
Indoor farming in Southern Nevada
Experts discuss Nevada's indoor farming industry. (Bailey Schulz/Las Vegas Review-Journal)
Former Fontainebleau could have become a Waldorf Astoria
Months after developer Steve Witkoff bought the Fontainebleau last summer, he unveiled plans to turn the mothballed hotel into a Marriott-managed resort called The Drew. But if Richard “Boz” Bosworth’s plans didn’t fall through, the north Las Vegas Strip tower could have become a Waldorf Astoria with several floors of timeshare units. (Eli Segall/Las Vegas Review-Journal)
New Springs Preserve Exhibit Shows Off "Nature's Ninjas"
"Nature's Ninjas" arrives at the Springs Preserve, in an exhibit and live show featuring critters that come with natural defenses, from armadillos to snakes, poison dart frogs to scorpions and tarantulas (Madelyn Reese/Las Vegas Review-Journal)
CrossRoads of Southern Nevada psychiatric urgent care to open in Las Vegas
Jeff Iverson, who operates the nonprofit sober living facility Freedom House, is opening a private addiction treatment center that will operate a detoxification center and transitional living for substance users trying to recover. (K.M. Cannon/Las Vegas Review-Journal)
Metro Capt. Jaime Prosser gives update of officer-involved shooting
Metro Capt. Jaime Prosser provides an update about an officer-involved shooting at Radwick Drive and Owens Avenue in the northeast Las Vegas on Thursday. A robbery suspect was shot and killed. (Bizuayehu Tesfaye/Las Vegas Review-Journal) @bizutesfaye
Wayne Newton surprises burglars
Wayne Newton and his wife, Kathleen, arrived at their southeast Las Vegas home shortly before midnight on Wednesday to find two burglars inside their house. The burglars fled and were seen heading north through the property. Las Vegas police quickly set up a perimeter and launched an extensive search of the area, but the suspects were able to escape. It was unclear if the burglars got away with anything of value. Several items, under the watchful eyes of the police, were seen on the ground near the home's main driveway. Neither Newton, nor his wife, were injured. The Newtons were not available for comment.
Police Officers Turn Off Body Cameras
In four separate body camera videos from the Route 91 Harvest festival shooting released Wednesday, officers in a strike team are instructed to turn their body cameras off and comply with the request.
Debra Saunders reports from Singapore
Las Vegas Review-Journal White House correspondent talks about the historic summit between President Donald Trump and North Korea's leader Kim Jong Un.
How long will North Korea's denuclearization take?
In Singapore, Las Vegas Review-Journal White House correspondent Debra Saunders asks President Donald Trump how long North Korea's denuclearization will take. White House video.
LVCVA purchase of gift cards hidden
A former LVCVA executive hid the purchase of $90,000 in Southwest Airlines gift cards in records at the agency. Brig Lawson, the senior director of business partnerships, said the money was for promotional events and did not disclose that it was for gift cards. Lawson also instructed Southwest employees to submit invoices without mentioning the purchases were for the cards. More than $50,000 of the cards cannot be accounted for. The convention authority is publicly funded . Lawson recently resigned.
Kim Jong Un visits Marina Bay Sands in Singapore
North Korean leader Kim Jong Un and his entourage visited the Marina Bay Sands in Singapore briefly Monday night, local time. (Video by Philip Chope)
Coca-Cola Bottle Purse Has 9,888 Diamonds
Designer Kathrine Baumann and jeweler Aaron Shum set the Guinness World Record for most diamonds (9,888) set on a handbag. The Coca Cola bottle-shaped purse was on display at the Coca Cola Store on the Strip. (Madelyn Reese/Las Vegas Review-Journal)
Sentosa Island a pleasure resort with a pirate past
The site of Tuesday's U.S.-North Korea summit is known for theme parks and resorts. But before that, it was known as a pirate island. (Debra Saunders/Las Vegas Review-Journal)
Judge Sandra Pomrenze's comment about girl's hair
Nevada Races Full of Women From Both Sides
It's already been a historic election season for women in politics. Record numbers of women are running for political office all over the country - including Nevada. (Madelyn Reese/ Las Vegas Review-Journal) @MadelynGReese
East Las Vegas home damaged by fire
Clark County Fire Department crews responded to a house fire in east Las Vegas Thursday morning. (Bizuayehu Tesfaye/Las Vegas Review-Journal) @bizutesfaye
911 call: Mom tries to get to son shot at Route 91
A woman stuck on the interstate during the Route 91 Harvest festival shooting on Oct. 1, 2017, in Las Vegas, tries to get to her son. 911 call released by Las Vegas police.
Las Vegas 911 caller reports people shot on Oct. 1
A 911 caller on Oct. 1, 2017, reports several people shot at the Route 91 Harvest festival in Las Vegas.
911 call from woman under stage in Las Vegas shooting
A 911 call from a woman underneath the stage at the Route 91 Harvest festival during the Oct. 1, 2017, Las Vegas shooting.
LVCVA facing scandal over gift cards
LVCVA is facing a growing scandal over airline gift cards. LVCVA bought $90,000 in Southwest Airline gift cards between 2012 and 2017. Now auditors can’t account for more than $50,000 of the cards. CEO Rossi Ralenkotter and his family used $16,207 in gift cards on 56 trips. Brig Lawson, the senior director of business partnerships, was responsible for buying and distributing the cards. He recently resigned.
Siblings separated in the foster care system get a day together
St. Jude's Ranch for Children and Cowabunga Bay Cares program partnered to bring 75 siblings together for the day to play on the water slides and in the pools at the Henderson water park. (K.M. Cannon/Las Vegas Review-Journal)
People flee the Route 91 Harvest festival on Oct. 1, 2017
Las Vegas police released footage from a camera on Mandalay Bay of the Route 91 Harvest festival on Oct. 1, 2017
Aaliyah Inghram awarded medal of courage
Aaliyah Inghram, a 10-year-old girl who was shot while protecting her 18-month-old brother and 4-year-old cousin during a shooting on May 8, awarded medal of courage. Bizuayehu Tesfaye/Las Vegas Review-Journal @bizutesfaye
Las Vegans Pack Public Lands Open House
A crowd filled the Clark County Library conference room Tuesday afternoon where Clark County officials hold their first -- and possibly only -- public meeting on plans to open almost 39,000 acres of federal land for development just outside the Las Vegas metropolitan area. County commissioners are set to vote June 19 on a potentially controversial resolution seeking federal legislation that would set aside tens of thousands of acres for conservation while giving Nevada’s largest community more room to grow. (Madelyn Reese/Las Vegas Review-Journal)
Police search Henderson Constable's home and office
Las Vegas police served search warrants Tuesday at Henderson Constable Earl Mitchell's home and office. The investigation was sparked by a Las Vegas Review-Journal story showing Mitchell wrote himself $70,000 in checks, used ATMs at casinos and video poker bars, and traveled to places his adult children live. All using county funds. Police refused to comment but Mitchell's attorney said he did nothing wrong.
Vegas Golden Knights fans shows his colors for community
Vegas Golden Knights superfan Lynn Groesbeck has wrapped his new truck with Knights logos and images. He loves how the Golden Knights are bringing community back to Las Vegas. People stop him on the street to take photos and share his support. (K.M. Cannon/Las Vegas Review-Journal)
Las Vegas Acting Coach Daryl Morris on His Craft
Acting coach Daryl Morris, whose father Bobby was Elvis Presley's conductor in Las Vegas, discusses his craft and how he leads his own classes. (Madelyn Reese/Las Vegas Review-Journal)
TOP NEWS
News Headlines
ad-infeed_1
ads_infeed_2
Local Spotlight
Home Front Page Footer Listing
Circular
You May Like

You May Like