Settlement of abuse claim sparks debate on lawyer fee

By Joe Schoenmann

Sunday, May 9, 2010 | 2 a.m.

The settlement of a $150,000 civil case — awarding $70,000 each to two minors who were abused while living in a Department of Family Services foster home, plus $10,000 to their birth mother — drew the ire of the County Commission last week.

What was their objection to paying children who have been wronged?

They weren’t opposed to the children receiving the money. What Commissioner Steve Sisolak found abhorrent was the fact that their attorney was asking for 40 percent, or $60,000.

And the children wouldn’t receive the full $70,000 each they were awarded. After attorneys fees and costs, including counseling services, the minors will receive roughly $40,000 each. Sisolak noted that the attorney had negotiated a settlement, implying that settling a case is less work than going to trial. “I think it’s outrageous. It makes me sick reading this,” he said.

Commissioners asked their attorney how the county could limit the attorney’s percentage so the children get more money.

The attorney said she could send a letter expressing that view to the judge, who will rule on the settlement in July. The attorney said the judge has, in the past, lowered attorney fees in county-related cases.

The commission approved the settlement after directing their attorney to write such a letter.

•••

A rare visitor to the County Commission from Carson City last week brought news of a potential windfall of hundreds of millions in tax dollars.

Who was this mystery visitor and when do we get the dough?

He was Dino DiCianno, executive director of the Nevada Taxation Department, and he updated the commission on a 10-year-old effort to collect tax revenue from sales over the Internet. If voters approve a ballot question this fall, the Legislature could change Nevada’s Sales and Use Tax Act of 1955, a necessary step toward collecting those taxes. Congress must also approve the Sales Tax Fairness and Simplification Act.

So if it plays out like this — voters approve ballot measure; Nevada legislators change state tax act; Congress approves a “streamlined sales tax” — DiCianno said Internet sales taxes could be coming Nevada’s way within 120 days of the congressional action.

How much money are we talking about?

DiCianno estimated it at about $300 million over two years. The portion going to the state would be small, with the remainder divided about equally between schools and local governments.

What do tax watchdogs think of the measure?

Even Carole Vilardo, president of Nevada Taxpayers Association, supports the ballot question because while it would raise revenue it would not allow state lawmakers to raise tax rates or expand the sales tax base.

•••

The potential blockage of the Sloan Hills gravel pit is being upheld as an example of cooperative work between federal and local governments.

You mean the gravel pit near Henderson that so many from that area have complained would create noise and air pollution, hurting their quality of life?

Yes. Senate Majority Leader Harry Reid last week introduced legislation that would withdraw 640 acres proposed for the gravel quarry. In a statement, the senator said the legislation “makes sure that the proposed gravel operations at Sloan Hills will not go forward.”

Reid also praised local government officials, including Sisolak, for participating in countless meetings with residents about the matter over the past 18 months.

“Sisolak has been a real fighter on this issue,” Reid told the Sun. “I am glad to be working with him and the people of Henderson to kill this gravel mine.”

“It shows how when a community bands together, a lot can be accomplished,” Sisolak said.

County Quote of the Week

“People are loving Gold Butte to death.”

— Boulder City resident testifying in favor of a County Commission resolution to support the designation of 345,000 acres in northeast Clark County as a national conservation area. The commission passed the resolution, 6-1. Congressional action is required for the designation.