MEET THE INCUMBENT: JUDGE SUZAN BAUCUM

Judge Suzan Baucum is a native Nevadan. She is a graduate of Western High School in Las Vegas, receiving her undergraduate degree in Political Science from Macalester College in St. Paul, Minnesota. She earned her Juris Doctorate from the University of Idaho where she served as the Notes and Comments Editor of the Idaho Law Review.

Judge Suzan Baucum was elected to the bench originally in 2010. Judge Baucum has served with distinction as Justice of the Peace for Department 13 of the Las Vegas Justice Couty to the present day. From January 2019 to December. She was Chief Justice of the Las Vegas Justice Court.

For nearly a decade, Judge Baucum oversaw the largest caseload of any DUI county in the country and was proud to institute many technologies and programs that not only saved lives but decreased recidivism. Judge Baucum has also served as a Judge Pro Tempore for the Las Vegas Municipal Court and the North Las Vegas Justice Court. Judge Baucum is also involved in reading on a regular basis to children at the elementary school level and spends countless hours providing information to our area youth regarding the perils of diving under the influence.

Prior to her tenure in Department 13, for 19 years Judge Baucum was the Executive Director of the Nevada Law Foundation, a non-profit group here in Nevada dedicated to serving the legal needs of our state’s less fortunate and indigent citizens- particularly victims of domestic violence, and children in need of protection.

Judge Baucum’s Legal career covers a wide range of law, including prosecuting both civil and criminal matters with the Ada County Prosecutor’s office. Following graduation from law school, she worked with a firm located in Reno, Nevada. During her time with this firm, she handled criminal, personal injury, real estate, and general business matters. Judge Baucum has also served as a State Training Specialist and Staff Attorney for the National Council of Juvenile and Family Court Judges.

Judge Baucum has always believed and continues to believe in being an active part of both her profession and her community. She is a fellow of the American Bar Association, a member of the Clark County Bar Association, the State Bar of Nevada, and a Colleague of the Nevada Law Foundation. She has served as co-chair of the Criminal Justice Coordinating Council. On the Board of Directors for the Child Assault Prevention Project, the Eighth Judicial District Pro Bono Foundation, and the board of the Las Vegas Dance Stars. Heart Association, and the American Cancer Society. She has also served as a Court Appointed Special Advocate (CASA) for Children in need of protection by the courts and as a counselor for Lincoln House, a home for unwed mothers in St. Paul, Minnesota. She served as a room mom for many years at her children’s school and directed the annual school pageant.

She is endorsed by the Las Vegas Police Protective Association (LVPPA METRO), Las Vegas Peace Officer Supervisor Association (LVPOSA), Las Vegas Peace Officers Association (LVPOA), Las Vegas Police Managers & Supervisors Association, North Las Vegas Police Officers Association, Police Officers Association of Clark County School District, Peace Officer Research Association of Nevada, Reno Police Protective Association, Washoe County Sheriff Deputies Association, Public Safety Alliance of Nevada, Washoe County School Police Officers Association, Carson City Sheriff’s Supervisory Association, Douglas County Sheriff’s Protective Association, Laborers Internation Union of North America Local 872, Veterans in Politics International, Henderson Police Officers Association, Henderson Police Supervisors Association, Juvenile Justice Probation Officers Association, Clark County Juvenile Justice Supervisors Association, Mesquite Police Officers Association, Nevada Association of Public Safety Officers, Nevada State Law Enforcement Officers Association, Elko County Deputy Sheriff’s Association, Perishing County Law Enforcement Association, Las Vegas Protective Association Civilian Employees, Southwest Regional Council of Carpenters, International Alliance of Theatrical Stage Employees, Plumbers, Pipefitters & Service Technicians Local 525, Clark County Prosecutors Association. Southern Nevada Central Labor Council, Nevada Veteran’s Association, Voice of the Veteran, Law Enforcement Loyalty Pac, Veterans for Responsible Government, Clark County Firefighters, AAPI Nevada Leadership Council, Culinary Workers Union Local 226, Nevada First Agenda Association, Asian American Group, and Calrk County District Attorney Investigators Association.

You can learn more about Judge Baucum by visiting her website: https://www.judgesuzanbaucum.com.

By Mark Fierro and Jeff Haney

“If police officers got in trouble, they went to Bill Terry. If attorneys or judges got in trouble, they went to Bill. Any question about a bar hearing or a disciplinary hearing, they could rely on Bill. He kept it low-key. He never talked much about it. But judicial disciplinary work was one of his specialties, probably more so than any other attorney.”

That’s how Tom Pitaro, Terry’s longtime close friend and confidant, and himself a giant in the Las Vegas legal community, described Terry, the celebrated Las Vegas defense attorney who died January 15 at age 74.

If you spent any time with Terry, whether across the courtroom or across the permanent inversion layer of cigarette smoke that settled over his desk, you got the sense that there was a nuclear reactor-fired intellect at work within his mind. Bill Terry was one name that countless attorneys of all stripes turned to for advice.

“I don’t particularly value anyone else’s opinion on law, except for Bill’s,” Pitaro said. “He was the only one. If I had a question, I would run it past Bill first. Someone said to me, ‘Bill Terry is the only person you allow to give you advice.’ I said, ‘you’re right.’ Look at the [Ted] Binion case with Sandy Murphy — when it got reversed, [Alan] Dershowitz took all the credit. Actually Bill wrote that. That was his.

And there was really only one man Terry would turn to: Tom Pitaro.

Prominent attorney Ozzie Fumo, a longtime friend of Terry and partner of Pitaro, said of Terry’s relationship with Pitaro: “Tom was Bill Terry’s guy. If Bill had a question, he would always want to know what Tom thought. But Bill was better than any of us. He was the best. The only person he could turn to was Tom, and Tom could only turn to Bill. I don’t know what Tom is going to do now.”

Terry had a secret to making his practice and his encyclopedic knowledge of criminal law look easy: He just never stopped working. Given a choice, he was most at home in his office seven days a week. It Terry called to go to lunch on a Saturday, he wasn’t coming from home. He was taking a break from the office — same thing on Sundays.

Fumo said those seven-day work weeks set the stage for a lasting string of sessions about life and the law. “He came up to me one day and said, ‘I noticed you work Saturdays. Let’s get together for lunch.’ This was about 15 years ago, and it had been going on since then with Bill, Tom and myself.”

It wasn’t just a chance to shoot the breeze. Fumo said: “Bill would always want to discuss a particular issue with us, and being the consummate professionals that they are, Bill and Tom would never mention the name of whoever they were discussing. If Tom or Bill was representing a judge, say, I would never hear the name — only the issue. Their ideas would ping pong back and forth at lunch, and I would listen and gain all this knowledge. These were some of the most valuable times of my life. About five years ago he brought attorney Ryan Helmick along, who was like a son to Bill.”

It says something when a young attorney is trusted enough to be brought into a group of friends like that. “They kind of took me in to their Saturday lunch crew,” said Helmick, of the Richard Harris Law Firm. “I sat there in awe as a young lawyer. I felt like I was sitting there with these giants of the Las Vegas legal scene, these guys with experience in the biggest cases. I just Fumo said that when the lofty talk about legal issues wrapped up, Terry had a routine he followed before he returned to work on Saturday afternoons. “He would take leftover food from meals and give them to a homeless guy right outside the Courthouse Bar and Grill, and never talked about it or advertised it. Just like he would give Halloween candy to kids with cancer, never mentioned it. He just did it. He didn’t even talk about it.”

Helmick said it was that compassionate spirit that made Terry his ultimate role model.

“Bill was my dad’s lawyer, and my dad asked Bill if I could shadow him,” Helmick said. “So I would shadow him once a week for his court dates. I started reading up on him, and I was so in awe even before I got to know him. I felt very fortunate and blessed that I had the opportunity to learn from the best of the best.

“So we had the mentorship, then he started inviting me to breakfast at the Courthouse Bar and Grill, Bill and some of the guys including Ozzie, Tom, some judges and prosecutors. He was a phenomenal lawyer. He cared about his clients and he was able to portray that in a way

that also got the judges to care.” It’s telling that for all of his legal accomplishments, Terry counted his greatest achievements outside the courthouse.

“The thing he was most proud of was being a father,” said Pitaro. “He loved his kids [Billy, Jenny and Freddie]. Everything he did was dedicated to them. It was a remarkable thing to see how he did it. He was always there for them. When you go into Bill’s house, he has walls of photos of his kids. In his office, he has school photos of them from every year.”

Fumo said Terry always remained grounded: “No matter what case was going on, no matter what else was happening, every Wednesday night was reserved for dinner with his kids.

Pitaro added: “If you say that Bill Terry was an outstanding attorney, that’s true. If you say he was a student of the law, that’s true. If you say he worked seven days a week at his law practice, that’s true. But within that, he was Bill Terry the father. If you knew him you would see it.”

Those could sound like mere platitudes for an old pal, but there is evidence Terry took the father thing pretty seriously.

For the record, Bill Terry got Ozzie Fumo to dress up as the Easter Bunny. He got Tom Pitaro to dress up as Santa, for years. That is a persuasive attorney.

To those closest to him, Terry was fondly remembered for his basic approach to the little things in life — his wardrobe being one. Every single day Terry wore one of two colors: black or dark black.

Helmick said Terry was a two-car kind of guy — but not the kind of cars you would expect: “He drove an old pickup truck and an old Toyota Camry. He wasn’t flashy. He wore a Mickey Mouse watch. He carried the same briefcase since I’d known him.”

If there are takeaways, Helmick said the secret sauce of Terry’s skills set is an uncommon one. “His listening skills were unbelievable. We call it ‘listening with the third ear.’ Bill was always able to pick apart things that the client was missing, or wasn’t able to say, or was really feeling,” Helmick said. “I thought, wow, how did he know that? How was he able to pick up on that? He had a secret antenna to pick up on the true feelings of people. He took the sugar and the hammer approach. You try the sugar first, and if that doesn’t work you hit them over the head with a hammer. He wasn’t afraid of a fight. But he treated everyone well and was always professional and humble. That’s the approach I try to use to this very day.”

His empathy for clients gave Terry a laser focus that became the core of his approach, according to Pitaro.

“He was always ready to take on whatever argument was there,” Pitaro said. “He was never screwing around. He was always ready. He never raised his voice much — not like me or Ozzie. He was a calming influence. Every judge that he ever appeared in front of him would take what he said as gospel. They knew that he wouldn’t embellish. They knew he would tell it like it is. He did a lot of work behind the scenes that others might have gotten credit for. It’s a great loss.” Judges and attorneys weren’t the only ones at the courthouse who were treated with respect.

“I noticed how he treated the security guards and the courthouse, he’d give them cigars as gifts. He always had little gifts for the clerks,” Helmick said. “I got to watch this man and how he lived his life. I always did a lot of listening. I saw how important his family was to him. I tried to emulate all that as best I could. He was a superhero to me, as a lawyer and as a person.”

How important is it for a young attorney to find their Bill Terry in their career? Helmick said: “It’s so important to learn from somebody else, to pick up knowledge from another person in your life like that, to help pull you up the ladder. Fewer people think that is important anymore, but I think it’s extremely important. It was for me.”

Mark Fierro began his career as a reporter/ anchor at KLAS-TV, the CBS television station in Las Vegas. He worked at the U.S. House of Representatives in Washington, D.C. He served as communications consultant on IPO road shows on Wall Street. He provided litigation support for the Michael Jackson death trial. He is president of Fierro Communications, Inc., which conducts mock juries and focus groups in addition to public relations and marketing. Fierro is the author of several books including “Road Rage: The Senseless Murder of Tammy Meyers.” He has made numerous appearances on national TV news programs.

Jeff Haney serves as Executive Vice President of Operations for Fierro Communications, where he works closely with Mark Fierro in developing and directing all media, marketing, research, consulting and public relations strategies for Fierro Communications’ clients including those in business, government, the legal field and cutting-edge high technology.

By: Andréa Vieira, Esq.

“It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.” Those are the words of Justice Alito in the opinion written for Dobbs v. Jackson Women’s Health Organization, also known as the case that overturned Roe v. Wade. Among other reasons, Justice Alito’s basis for overturning Roe was the determination that each State’s legislature is in the best position to make and pass the laws that the people of that state want.

By 1990, the people of Nevada had already done what Justice Alito suggested in 2022. In 1973, NRS 442.250 was enacted. Later, in 1990, Nevada voters made NRS 442.250 permanent by passing a referendum pursuant to Article 19, Section 1 of the Nevada Constitution. According to the Legislative Counsel Bureau, NRS 442.250’s ballot question passed by 63.5% with 200,645 Nevadans voting in favor of Ballot Question No. 7 and 115,495 voting against. Per Nevada Secretary of State records, 516,423 people were registered to vote in Nevada for the October 6, 1990 general election.

Because NRS 442.250 was added by referendum, it “shall not be amended, annulled, repealed, set aside, suspended or in any way made inoperative except by the direct vote of the people.” In other words, in Nevada, the right to an abortion is guaranteed by a law that cannot be changed or repealed in any way unless a majority of Nevada voters say so. This is what NRS 442.250 says:

1. No abortion may be performed in this state unless the abortion is performed: (a) By a physician licensed to practice in this state or by a physician in the employ of the government of the United States who:

(1) Exercises his or her best clinical judgment in the light of all attendant circumstances including the accepted professional standards of medical practice in determining whether to perform an abortion; and (2) Performs the abortion in a manner consistent with accepted medical practices and procedures in the community. (b) Within 24 weeks after the commencement of the pregnancy. (c) After the 24th week of pregnancy only if the physician has reasonable cause to believe that an abortion currently is necessary to preserve the life or health of the pregnant woman.

2. All abortions performed after the 24th week of pregnancy or performed when, in the judgment of the attending physician, there is a reasonable likelihood of the sustained survival of the fetus outside of the womb by natural or artificial supportive systems must be performed in a hospital licensed under chapter 449 of NRS.

3. Before performing an abortion pursuant to subsection 2, the attending physician shall enter in the permanent records of the patient the facts on which the physician based his or her best clinical judgment that there is a substantial risk that continuance of the pregnancy would endanger the life of the patient or would gravely impair the physical or mental health of the patient.

According to Nevada’s abortion law, abortions in Nevada: 1) must be done by a doctor licensed to practice medicine in Nevada or employed by the U.S. government, who uses medical judgment to decide whether to perform the abortion and does so in a manner that is medically accepted; 2) an abortion can be performed after the 24th week of pregnancy if the doctor determines that the abortion is necessary to “preserve the life or health of the pregnant woman;” and 3) if an abortion is performed any time after the 24th week, or when the fetus may survive outside the womb, it must be done in a licensed hospital and the doctor has to state in the medical records the facts the doctor relied on to determine there was a substantial risk that the pregnancy would “endanger the life of the patient or would gravely impair the physical or mental health of the patient.”

In 2019, a bill was introduced in the Nevada Legislature to address parental notification requirements for pregnant minors and to revise the requirements relating to informed consent.

The parental notification parts of the bill did not pass through the amendments process.

On June 28, 2022, Nevada Governor Steve Sisolak issued Executive Order 2022-08, which prohibited all state agencies, employees and officers from providing information or expending or using any “time, money, facilities, property, equipment, personnel or other resources” to assist anyone in another state seeking to impose criminal or civil liability on a person who assists or provides, secures, or receives, or inquiries about receiving abortion services in Nevada. The Executive Order encourages Nevada’s licensing bodies to consider granting reciprocal medical licenses to reproductive health care providers from other states, and prohibits extradition of a person who received reproductive health care services in Nevada to another state unless the crime charged would also constitute a criminal offense under the laws of the State of Nevada.

The recent events surrounding this issue underscore how important it is that Nevadans elect people who represent them at all levels of state government and remember the power that the Nevada Constitution grants the People of Nevada to make their own laws. Nevada’s abortion law would not exist if it were not for the people who worked to put the referendum question on the ballot and to pass it. Nevada’s abortion statute is the personification of the power of “We the People” that can profoundly affect our lives.

Some people abstain from voting because they believe the lie that their vote will not make a difference. This lie is perpetuated by people who want to prevent “We the People” from exercising a valuable and irreplaceable right available only to those who live in a real democracy. On a state and municipal level, where the elected officials are closer to the People, each vote is even more important and election winners can be decided by small margins.

Nevada has a “citizen legislature” in which its elected officials meet for only 120 days in odd-numbered years. During the times the Legislature is not in session, they have other jobs. Except for during the legislative session, Nevada’s legislators do not keep offices or staff. Nevada is 1 out of 4 states where the state legislature meets for a set number of days every other year. The other 3 states are Montana, North Dakota, and Texas. Nevada has term limits for its legislators. Senators and Assembly members can each serve a total of 12 years. Senate terms are 4 years long and Assembly members serve 2-year terms. Only 15 states currently have term limits for legislators.

Nevada is a leader among the states in ensuring that its government serves “We the People.” Nevadans were decades ahead of the rest of the county in 1990 when they passed a commonsense referendum guaranteeing a woman’s right to reproductive health care. In 1990 and 2022, Nevadans understand the importance of each person having the right to make their own health care decisions without government intrusion.

Nevada’s referendum provision arises out of the Nevada Constitution. The Nevada Constitution is the primary source of the People’s power and

Image created by Kurt Murray

rights, second only to the U.S. Constitution. Nevada’s Constitution established the laws of our state and grants the power held by its government, officers, and lawmakers. Nevadans’ exercise of Constitutional rights in bringing referenda is correlated with the historical tradition of keeping our government accountable. Nevada judges and Supreme Court justices, like Nevada legislators, are elected. Government accountability also depends on Nevadans being able to seek redress from lawmakers and in the courts. As this article is written, the Nevada Supreme Court is considering whether Nevadans can file civil rights lawsuits against the government for violating the Nevada Constitution. Just as Nevadans 32 years ago exercised their power to pass NRS 442.250 by referendum, Nevadans today must use our power at the ballot box this and every election year to support candidates that will enforce the Nevada Constitution, support personal freedom, and hold all branches of the government accountable. Our voice is our vote, and our vote is our power.

Andréa Vieira is an attorney at The Vieira Firm, a law firm dedicated to civil rights and social justice.

By: Valerie Miller

Steve Wolfson may be a rare breed of candidate these days. Both Democrats and Republicans seem to like him. The incumbent Clark County district attorney is a Democrat, but most people only know that fact because Wolfson’s name appears on the Democratic primary ballot. In general, views of Wolfson’s job performance are not based on partisan politics.

Wolfson, who was first appointed Clark County district attorney in 2012 by the Clark County Commission, was previously a defense attorney before joining the Las Vegas City Council. Wolfson resigned from the city council to replace the retiring DA, David Rogers. Wolfson was a highly qualified candidate, given that he previously had done stints in the United States Attorney’s office and the county prosecutor’s office.

Wolfson’s rise to DA corresponds with the launch of Vegas Legal Magazine. The publication featured Wolfson as its very first cover, in 2014 when Wolfson was running for election to keep his position.

In that first Vegas Legal story, written by reporter Sabrina Siracusa, Wolfson talked about his number one goal being public safety. That’s something he shares with the residents of Clark County.

“If you ask people the … (things) on their minds, it is, jobs and health and everything; but it’s being safe when they walk from their car to their home, or from their car to their office,” Wolfson maintained at the time. “They want to feel safe, and we have so much gun violence here in this society that I want to try to make a difference here in Las Vegas. So, that is one of

my projects.” Wolfson has championed such causes as keeping guns out of the hands of convicted domestic abusers. Under Nevada law, people convicted of a domestic violence offense are not allowed to own or possess a firearm. That said, getting the guns back from convicted domestic abusers is not the easiest of tasks. “If we can remove some of those guns from the offenders who are most likely to use them in a situation where (a) homicide will occur, I think we are going to cut down on homicides,” Wolfson said at the time.

As the current DA of Clark County, Wolfson is a supporter of the Second Amendment. He believes people should be able to own guns for self defense.

Many of these problems – like domestic violence -- are ongoing battles. The fight does not end when the DA wins re-election, or a new DA takes office. These are chronic challenges. Among those challenges are stopping drunk, and drugged, drivers from harming themselves and others.

Wolfson believes that people do deserve second chances. That is demonstrated in his involvement in the rehabilitation program, Hope for Prisoners. The program, which is run by former inmate Jon Ponder, gained national attention a few years ago when then-President Donald Trump visited Las Vegas. President Trump attended the Hope for Prisoners’ graduation ceremony, and gave Ponder a presidential pardon for his service to the community.

Wolfson supports the program, saying in the earlier Vegas Legal article, “I am sure that you can imagine – for so many people getting out of prison – they have been in prison for a couple years – three, five, ten years – and they are coming back into the community. They really don’t have the resources to support them.”

Hope for Prisoners helps the former prisoners adjust to the outside world. “Okay, you did something bad, you made a mistake, you paid your price to society,” the district attorney said in the inaugural Vegas Legal issue. “Now, let’s be successful out there.”

Steve Wolfson is married to former Clark County District Court Judge Jackie Glass, who also landed her own television show, Swift Justice with Jackie Glass. Glass was also known as the judge who sent O.J. Simpson to prison. Wolfson, who defeated Democratic primary opponent Ozzie Fumo in June, will face Republican challenger Tim Treffinger in November’s general election.

Valerie Miller is a Las Vegas Valley-based journalist. She can be reached at (702) 683-3986 or valeriemusicmagic@yahoo.com.

By: Valerie Miller

Clark County District Attorney Steve Wolfson found himself in the headlines again recently, following the shocking murder of Las Vegas investigative reporter Jeff German in early September.

German was stabbed to death Labor Day weekend, outside his home in Las Vegas. The arrest of Clark County Public Administrator Robert Telles for the crime shocked the state and made national headlines. German, a veteran investigative reporter for the Las Vegas ReviewJournal newspaper, had written a number of negative stories about the Democratic politician Telles and the public administrator’s alleged behavior at work. The allegations included alleged workplace bullying by Telles, and having a relationship with a subordinate. After the publication of some of German’s articles, Telles would go on to lose the June Democratic primary to Rita Reid. The latter also worked in the public administrator’s office. Las Vegas Metropolitan Police, and the Clark County District Attorney’s office, allege that Telles likely blamed German for his primary defeat to Reid and allegedly killed the reporter for revenge. Wolfson, and police, have also alleged that DNA linked Telles to the crime scene. The DA called the DNA evidence against Telles “compelling,” and said in a Sept. 8 news conference that Telles’ DNA was “found on the hands of Mr. German” following his murder.

Telles is accused of “lying in wait” for German on Sept. 2, according to the criminal complaint. The Clark County Public Administrator’s office,

which oversees the estates of deceased people, also paid Telles a $120,000-a-year salary. Telles continued to receive that $120,000 annual salary even after his Sept. 7 arrest for German’s murder. Steve Wolfson, as the Clark County DA, lead the effort to get Telles removed from office. After his arrest, Telles was prohibited from entering any county buildings –including his own office. Wolfson was successful in his efforts to have Telles removed as public administrator. The Democrat Telles, who has been in jail since Sept. 7, “is unable to perform his duties. So, we are seeking his removal from office,” Wolfson told the media at the time. Wolfson is also a Democrat.

As of early October, Wolfson had yet to announce a decision about whether or not to seek the death penalty for the 45-year-old Telles.

During his Sept. 8 press conference, Wolfson said that “no violence against anyone is acceptable,” while adding “but violence against a journalist takes on a special flare, if you will.”

While Wolfson, the Metro Police and the Review-Journal were on the same page about bringing the accused killer of the journalist Jeff German to justice, law enforcement and the newspaper have since battled over the police seizure of German’s personal electronic devices. The R-J editors believe the reporter’s hard drive, cell phone and multiple computers were used for work, according to the Reno Gazette-Journal.

The R-J sought an emergency restraining order to stop authorities from searching German’s devices. On Oct. 6, Clark County District Court Judge Nadia Krall issued a temporary restraining order, pending a mid-October hearing. Attorneys for the newspaper have argued that searching German’s devices would violate Nevada’s shield law, which is supposed to protect reporters. The R-J lawyers also argued that such a search would violate the federal Privacy Protection Act, which is designed to protect against the unlawful searches of journalists. Lawyers representing the police department had previously argued that Telles’ constitutional rights “take precedence over any reporter’s rights,” the R-J reported.

As for Telles’ now-vacated spot as the Clark County Public Administrator, county officials can now proceed in temporarily filling the position until Jan. 1, 2023 – following the successful Wolfson-led removal of alleged killer. The winner of the Nov. 8 general election will then take over the position of Clark County Public Administrator.

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