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
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