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Pahrump Mirror
Pahrump, Nevada
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January 16, 1997     Pahrump Mirror
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January 16, 1997
 

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Bradshad, Nicholson: No disbarment Continued from front page October and December. On January 9, 1997, the paper received a letter de- manding a similar correction relating to Les W. Bradshaw. It is the policy of this paper to admit and correct its mistakes and we did so in our edition of Octo- ber 17th. We erred in stating that Ms. Nicholson was dis- barred from practic- ing in the U.S. Dis- trict Court. We also erred in stating that Mr. Bradshaw was . similariy disbarred. We should have said that in Motions filed with the Federal Court, requests were made for the disbarment of Mr. Wehrmeister, Mr. Glennen III, Mr. Bradshaw and Ms. Nicholson and that these requests were not consid- ered by the Court due to technical de- fects in the pleadings. The staff of this paper has carefully read the records of the Browne & Woods case and the facts are as follows: On June 10, 1994, Evan F. Acker, who had been sued by Arthur Wehrmeister with- out the consent of the County Commis- sion, filed a Motion for Summary Judg- ment and for Sanctions. Attached to her Motion was a proposed Order. On page 5, under Point II, beginning at line 19, Ms. Acker requests the Federal Court to sanction Nye for the actions against her by the four Nye District Attorneys. In her closing statement on page 8 of her motion, Ms. Acker "...prays that this Court grant this Mo- tion for Summary Judgment and issue an Order requiring Nye' District Attor- neys Arthur F. Wehrmeister, Les W. Bradshaw, Robert E. Glennen III and Rachel Nicholson and the Nye County Board of County Commissioners, to appear before this Court and Show Cause why Nye's Counterclaims should not be dismissed; why Nye's de- fault should not be entered in this action and why the Nye District Attorneys should not be disbarred from practic- ing before this Court." The County' s Opposition to Acker' s Motion was signed on June 28, 1994 .by Rachel Nicholson in her capacity as Deputy District Attorney. It is in this pleading that Ms. Nicholson allegedly distorts the true facts underlying the Browne & Woods action. On page 5, beginning at line 11, Nicholson states that "Following the settlement of the AHS case, one of Nye County's two insurers, Fo- rum Insurance, filed suit against Nye County seek- ing reimbursement for the costs of defending Nye County in the AHS mat- ter." The true facts are that the Forum suit was filed July 11, 1988 and the AHS settlement occurred at the f.end of 1991 and January '.eft 1992. Acker brought this falsehood to the attention of the Court in her Reply which was filed on July 11, 1994. She renewed her re- quest for the Federal Court to impose sanctions on the four District Attorneys, in- cluding disbarment from practicing in the Federal District Courts in Nevada. After studying and re- viewing all the documents filed in connection with Acker's Motion for Sum- mary Judgment, including Nye's Opposition, on Sep- tember 5, 1994, Lloyd D. George, the Chief United States District Judge for the State of Nevada, granted Summary Judgment to Evan Acker. In his Order, Judge George reviewed each of the ten counter- claims against her and he specifically found that Nye had failed in its bur- den of showing a genu- ine issue of material fact as to each coun- terclaim. Regarding Acker's request for sanctions including the disbarment of Wehrmeister, Bradshaw, Glennen III and Nicholson, Judge George stated: "As Acker did not bring her re- quest for sanctions in compliance with Federal Rule of Civil Procedure 11, it will be denied." It should be remembered that Ms. Acker, who defended herself against Nye's i "We erred in stating that Ms. Nicholson was disbarred from practicing in the U.S. District Court. We also erred in stating that Mr. Bradshaw was similarly disbarred." charges, was a researcher and not an attorney. Her request for sanc- tions, including disbarment was de- nied because of a technical flaw in her pleadings and not on the merits of her argument. Any of our readers wishing to read the documents in the Browne & Woods case, will find them filed with the Federal Court in Las Ve- gas. The case number is CV-S-93- 368-LDG and the case is titled Browne & Woods v. County of Nye, Nevada. Editor's Note: More on the history of this case will be included in future editions of the Pahrump Valley Gazette. We feel it is important to educate citizens regarding the past and present actions of Nye County's highly paid administrative staff. CLOCKS  W^TCI-ES 88  w NI// LEE GREEN MICHAEL K. SMITH : Oriental " Futons Furniture Gifts A Beautiful... 1997 Oriental Calendad! & a Letter Opened! 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