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C
OMMISSION ON JUDICIAL SELECTION APPLICATION
EIGHTH JUDICIAL DISTRICT
DEPARTMENT C
By
Emily McFarling
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E. McFarling
Personal Information
1.
Full Name
Emily Myda McFarling
2.
Have you ever used or been known by any other
legal name (including a maiden name)? If so,
state name and reason for the name change and
years used.
Emily Myda McFarling Benson – when
married to Kenneth Benson (8/2007 –
11/2012)
Emily Myda Johnson – given name at birth,
changed in my parents’ divorce to Emily
Myda McFarling (7/1975 – 11/1981).
3.
How long have you been a continuous resident
of Nevada?
20 years
4.
City and county of residence
Las Vegas, Clark County
5.
Age
47
6. Please start with your current employment or most recent employment, self-employment, and
periods of unemployment for the last 20 years preceding the filing of this Application.
Current Employer
DBA McFarling Law Group
DBA Family Law Solutions (consulting division)
DBA Family Law Mediation Services
Phone
Physical Address & Website
Date(s) of Employment
Supervisor’s Name and Title
Your Title
Describe Your Key Duties
Reason for Leaving
Current Employer
Phone
Address & Website
Date(s) of Employment
Supervisor’s Name and Title
Your Title
Describe Your Key Duties
Reason for Leaving
Employment History
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Previous Employer
Phone
Address & Website
Date(s) of Employment
Supervisor’s Name and Title
Your Title
Describe Your Key Duties
Reason for Leaving
Previous Employer
Phone
Address & Website
Date(s) of Employment
Supervisor’s Name and Title
Your Title
Describe Your Key Duties
Reason for Leaving
Current Employer
Phone
Physical Address & Website
Date(s) of Employment
Supervisor’s Name and Title
Your Title
Describe Your Key Duties
Reason for Leaving
Current Employer
Phone
Address & Website
Date(s) of Employment
Supervisor’s Name and Title
Your Title
Describe Your Key Duties
Reason for Leaving
Current Employer
Date(s) of Employment
Supervisor’s Name and Title
Your Title
Describe Your Key Duties
Reason for Leaving
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Educational Background
7. List names and addresses of high schools, colleges and graduate schools (other than law
school) attended; dates of attendance; certificates or degrees awarded; reason for leaving.
University of Missouri-Columbia
230 Jesse Hall
Columbia, Missouri 65211
Dates of attendance: 6/1995 – 5/1998
Degrees awarded: A.B in Psychology and Sociology with Honors
Reason for leaving: Graduated
College study abroad through University of Missouri:
Thames Valley University
St Mary's Rd.
London W5 5RF, London, UK
Dates of attendance: 6/1996 – 5/1997
Oberlin College
38 E. College St.
Oberlin, Ohio 44074
Dates of attendance: 8/1994-1/1995
Degrees awarded: None
Reason for leaving: Transfer to University of Missouri
Hickman High School
1104 North Providence Rd.
Columbia, Missouri 65203
Dates of attendance: 8/1989 - 6/1993
Degrees awarded: High school diploma
Reason for leaving: Graduated
High school study abroad through Rotary International:
Terézvárosi Kéttannyelvű Iskola
Hegedű Utca
Budapest, Hungary 1061
Dates of attendance: 9/1993 – 5/1994
Oakland Junior High School
3405 Oakland Place
Columbia, Missouri 65202
Dates of attendance: 8/1988 – 6/1989
Degrees awarded: None
Reason for leaving: Completed Freshman year
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8. Describe significant high school and college activities including extracurricular activities,
positions of leadership, special projects that contributed to the learning experience.
University of Missouri-Columbia
Extracurricular Activities: Lead singer and songwriter in local band called Sweet Grenadine that
performed regularly.
Positions of Leadership: Service Learning Assistant Field Coordinator for the Office of Service
Learning – developed and set up students in internships and service positions.
Special Projects: First place in essay contest for work entitled, “The Contagious Disease Acts
and the Systematic Degradation of Women in Victorian Britain.” Honors thesis placed on
reading list for upper-level Women’s Studies course.
Thames Valley University
Extracurricular activities: Recorded set of original songs at Spitalfields Market recording studio.
Special Projects: Musical theater – review of West End shows.
Oberlin College
Extracurricular activities: lead singer in local band.
Positions of Leadership: Children’s gymnastics teacher for campus gymnastics center.
Special Projects: Multi-disciplinary performance vocals and dance.
Terézvárosi Kéttannyelvű Iskola
Extracurricular Activities: Member of local church choir.
Hickman High School
Positions of Leadership: Sophomore class secretary; Founding officer of school radio station;
Algebra tutor for other students.
Special Projects: DJ with own radio show on local public radio station; Lead singer and
songwriter of local band called Beatrice’s Pajamas that performed regularly; Extended
Educational Experiences (EEE) program for gifted students.
Extracurricular Activities: Performer in school musicals including Bye Bye Birdie, Fiddler on
the Roof, West Side Story, Merrily We Roll Along, Into the Woods, My Fair Lady, Oliver, Hello
Dolly; Choir; Youth in Government; German Club.
Oakland Junior High School
Extracurricular Activities: Volleyball team; Track team, Basketball cheerleader, Math
competition team, Performer in school musicals.
Special Projects: Extended Educational Experiences (EEE) program for gifted students.
9. List names and addresses of law schools attended; degree and date awarded; your rank in your
graduating class; if more than one law school attended, explain reason for change.
Northeastern University School of Law, Boston, MA
Juris Doctor, January 2002
Northeastern does not give grades or rankings
Honors: Designated Law Scholarship (1998 - 2000), Alumni/ae Association Scholarship (2000).
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10. Indicate whether you were employed during law school, whether the employment was full-
time or part-time, the nature of your employment, the name(s) of your employer(s), and dates
of employment.
Northeastern University has a program where throughout the three years of law school, each
student completes four 3-month full time internships for law school credit. In addition to the
internships, I also had a part time work-study job during the times that I was doing coursework. I
also operated the publishing business listed above throughout most of law school.
Tobacco Products Liability Project, Northeastern University School of Law, Boston, MA
August 2000 - November 2000
December 1999 - February 2000
September 1998 - September 1999
Research Assistant
Consumer Protection and Antitrust Bureau, Office of the Attorney General
State of New Hampshire Department of Justice, Concord, NH
September 2001 - November 2001
Full Time Legal Intern
Law Office of Mark B. Johnson, Andover, MA
November 2000 - February 2001
Full Time Legal Intern at small general practice firm.
Law Office of Maura Sheehan, Lexington, MA
March 2000 - May 2000
Full Time Legal Intern at solo general practice firm.
Petrucelly and Nadler, P.C., Boston, MA
September 1999 - November 1999
Full Time Legal Intern at small personal injury firm handling tobacco litigation cases.
11. Describe significant law school activities including offices held, other leadership positions,
clinics participated in, and extracurricular activities.
Northeastern Law School Study abroad at Humboldt University in Berlin, Germany
Obtained certification in mediation and certification in arbitration.
Northeastern Law School Study abroad at in Rhodes and Spetses, Greece
International shipping and contracts law coursework.
Publications:
Twelve articles, including “Rate of Lung Disease in Women Increasing Rapidly” and “New Pill
May Help Smokers Quit” Tobacco Control Update Fall/Winter 1998, Spring/Summer 1999,
Fall/Winter 2000.
“Yes Virginia, Secondhand Smoke Increases Risk of Cancer” Tobacco on Trial 1998-99.
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Law Practice
12. State the year you were admitted to the Nevada Bar.
2003
13. Name states (other than Nevada) where you are or were admitted to practice law and your year
of admission.
California 2003
Arizona 2006
14. Have you ever been suspended, disbarred, or voluntarily resigned from the practice of law in
Nevada or any other state? If so, describe the circumstance, dates, and locations.
No
15. Estimate what percentage of your work over the last five years has involved litigation matters,
distinguishing between trial and appellate courts. For judges, answer questions 16-20 for the
five years directly preceding your appointment or election to the bench.
95% of my work over the last five years involved litigation matters, of which 50% was appellate
court work and 50% was trial court work, which has shifted during that time from mostly trial
court to mostly appellate. Answer to question 16 below represents my practice averaged over the
last five years.
16. Estimate percentage of time spent on:
Legal Discipline
Percentage of Practice
Domestic/family
97% (mostly supervising other attorneys,
includes domestic/family appeals)
Juvenile matters
Trial court civil
1% (supervising other attorneys)
Appellate civil
48% (all family law – also included in %
above for domestic/family)
Trial court criminal
1% (supervising other attorneys)
Appellate criminal
1% (supervising other attorneys)
Administrative litigation
Other: Please describe
17. In the past five years, what percentage of your litigation matters involved cases set for jury
trials vs. non-jury trials?
0% jury trials
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18. Give the approximate number of jury cases tried to a conclusion during the past five years with
you as lead counsel. Give the approximate number of non-jury cases tried to a decision in the
same period.
0 jury cases. 10 non-jury cases.
19. List courts and counties in any state where you have practiced in the past five years.
Clark County District Court, Nevada
Nevada Supreme Court
Nevada Court of Appeals
U.S. District Court – District of Nevada
U.S. 9
th
Circuit Court of Appeals
U.S. Supreme Court
Mohave County District Court, Arizona
Maricopa County District Court, Arizona
Nye County District Court, Nevada
Humbolt County District Court, Nevada
Elko County District Court, Nevada
20. List by case name and date the five cases of most significance to you (not including cases
pending in which you have been involved), complete the following tables:
Case 1
Case name and date: Rosie M. and Henry O. vs. Ignacio A., Jr. 138 Nev. Adv. Op. 49
(2022)
Court and presiding judge and all counsel: Nevada Supreme Court en banc, Stiglich, J.
presiding; Fred Page, Esq. counsel for appellant.
This case was important because a father had been denied parentage and custody rights over
his son for the majority of the son’s childhood. We were finally able to get him confirmed
as the child’s father and he was awarded joint physical custody after years of litigation,
which decision was then affirmed on appeal.
Your role in the case: appellate counsel and supervisor of district court counsel
Case 2
Case name and date: Nance v. Ferraro, 134 Nev 152 (2018)
Court and presiding judge and all counsel: Nevada Court of Appeals, J. Silver presiding;
Hutchison & Steffen, LLC, and Michael K. Wall and Shannon R. Wilson for Respondents.
This case was important because it clarified an area of law so often misapplied in family
court cases to modify child custody - how to handle evidence of events that occurred prior
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to the last court order. Many times judges would just blanket exclude evidence of anything
occurring prior to a certain date, but doing so can lead to absurd results. In this case, a mother
had settled for a certain custody schedule as a result of prior domestic violence, yet when
the father returned to court to ask for primary custody and to move the child across the
country, the District Court improperly excluded all the evidence of what had happened prior
to the custody settlement. This case is more significant because the same judge had made a
similar decision in another case of domestic violence that I had appealed with a similar
unpublished decision. Because this second appeal decision was published it will
have a
greater impact on future cases in Nevada.
Your role in the case: appellate counsel
Case 3
Case name and date: Eggleston v. Stuart, 495 P.3d 482 (2021)
Court and presiding judge and all counsel: Nevada Supreme Court, Silver J presiding; Olson
Cannon Gormley & Stoberski and Felicia Galati for Respondents Clark County, Nevada and
Georgina Stuart.
In this case, a father sued Clark County for violating his civil rights after Child Protective
Services convinced him to sign over guardianship of his minor children to relatives who
subsequently removed the children from the State of Nevada. The District
Court had
dismissed his case. The dismissal was reversed on appeal.
Your role in the case: appellate counsel in this case, District Court counsel for same client
in related case
Case 4
Case name and date: Davis v. Ewalefo, 352 P.3d 1139 (2015).
Court and presiding judge and all counsel: Nevada Supreme Court en banc, Pickering, J.
presiding; Andrea Ewalefo pro se
In this case, the parties had settled everything except visitation specifics in an initial child
custody case. We had a trial only on the visitation, but specifically with my client, the father,
requesting visitation in Rwanda, the safest area near where he lived in Africa. The District
Court denied his request and additionally barred either parent from traveling out of the U.S.
with the child even though both parents had previously traveled with the child out of the
U.S. and the mother had testified that the father was not a kidnapping risk. On appeal, the
District Court’s order was reversed.
Your role in the case: district court and appellate counsel
Case 5
Case name and date: Ogawa v. Ogawa, 125 Nev. 660 (2009).
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Court and presiding judge and all counsel: Nevada Supreme Court en banc per curiam;
Xavier Gonzales for Respondent; Robert Cerceo, Katherine Provost, and Marshal Willick
for Amicus Curae State Bar of Nevada, Family Law Section.
This was my first appeal to the Nevada Supreme Court. I represented my client throughout
trial court proceedings in which the judge was so biased against my client that my client did
not appear for trial out of fear of being arrested upon arrival. The District Court proceeded
with trial, but did not allow me to ask relevant questions and did not allow the admission of
relevant evidence. The resulting orders were inconsistent with the law. On appeal the District
Court order was reversed and the case was
remanded for further proceedings. In the
subsequent proceedings, the same District Court judge finally listened to all the evidence
and made fair decisions. How the case proceeded on remand is a great example of how the
District Court should handle reversals of their own decisions on remand.
Your role in the case: District court and appellate counsel
21. Do you now serve, or have you previously served as a mediator, an arbitrator, a part-time or
full-time judicial officer, or a quasi-judicial officer? To the extent possible, explain each
experience.
Yes
I have served as a private mediator for family law matters since 2003, most recently through a
division of my law office, Family Law Mediation Services (lvflm.com).
I was certified as a parenting coordinator in May 2016 and have acted as a neutral parenting
coordinator appointed by several of the judges in the Clark County District Court Family
Division since then.
I have been appointed by several judges in the Clark County District Court Family Division as a
Guardian ad Litem as well as attorney for the minor child in contested family court litigation.
22. Describe any pro bono or public interest work as an attorney.
I am currently serving on the Nevada Rules of Appellate Procedure Commission and am chair of
two committees and a member of two others. I drafted the language defining the division of
family law cases between the Nevada Supreme Court and Court of Appeals which was adopted
by the commission and am chair of the committee rewriting the child custody fast track appeal
rule.
I have been taking pro bono cases, mostly through LACSN and the U.S. Department of State
International Kidnapping Hague attorney referral network my entire career and generally have
several pro bono cases ongoing at any given time.
Pro bono awards:
Legal Aid Center of Southern Nevada Volunteer of the Month – March 2016
Legal Aid Center of Southern Nevada Partners in Pro Bono Mentor – 2014, 2015, 2016
Legal Aid Center of Southern Nevada 50 hours club – December 2016
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I acted as supervising attorney for a law student at Boyd School of Law for a student attorney
license. We represented several active litigation pro bono clients, including several trials.
I acted as supervising attorney (or supervisor of the supervising attorney) for four law students at
Boyd School of Law for the Appellate Clinic working with Anne Traum for the following two
cases: Doucettperry and Landan
I serve as a mentor for new attorneys through the TIP program and have for roughly five years.
I have acted as supervising attorney for several law students as part of the Partners in Pro Bono
program for appeal cases to the Nevada Supreme Court.
I have been taking pro bono appeal cases, mostly through the pro bono appellate program with
LACSN, for many years, including the following cases:
Nance v. Ferraro, 134 Nev. Adv. Op. 21 (2018)
Druckman v. Ruscitti, 327 P.3d 511 (2014)
Bluestein v. Bluestein, 345 P.3d 1044 (2015)
Franceschi- Nevada Supreme Court Case No. 63655
Kashuba- Nevada Supreme Court Case No. 69829
23. List all bar associations and professional societies of which you are or have been a member.
Give titles and dates of offices held. List chairs or committees in such groups you believe to
be of significance. Exclude information regarding your political affiliation.
American Association of Matrimonial Lawyers Fellow November 2015 to present
Nevada Chapter President March 2020 to March 2022
Nevada Chapter Vice President July 2019 to March 2020
Nevada Chapter Treasurer March 2018 to July 2019
Nevada Chapter Secretary March 2016 to March 2018
Member of national committees for Amicus, Domestic Violence and Legislation.
Mediators of Southern Nevada Treasurer (2011)
International Association of Family Lawyers Fellow 2015 to present
American Inns of Court - Master 2007 to present
Nevada Appellate Rules Commission member 2021 to present
American Association of Family and Conciliation Courts 2019 to present
Nevada Bar – Family Law Section 2003 to present
American Bar Association – Family Law Section
Nevada Bar – Appellate Section
Southern Nevada Association of Women Lawyers
Nevada Justice Association
Clark County Bar Association
24. List all courses, seminars, or institutes you have attended relating to continuing legal education
during the past five years. Are you in compliance with the continuing legal education
requirements applicable to you as a lawyer or judge?
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Yes, in compliance with the CLE requirements applicable to me as a lawyer and also as a Nevada
Family Law Specialist.
Date Course Name Provider General Ethics AAMH
11/8/2022 Joint Legal Custody Decision Making SBN 1.00 1.00 1.00
11/8/2022 Six Steps to Creating an Ethical… SBN 0.00 1.00 0.00
11/8/2022 Family Law Basics Part 2 SBN 1.50 0.00 0.00
11/8/2022 Creative Custody and Visitation SBN 1.00 0.00 0.00
09/29/2022 2022 TIP Mentor Program Spring SBN 4.00 1.00 1.00
05/13/2022 Behind the Scenes at the Nevada Supreme Court SBN 1.00 0.00 0.00
12/02/2021 Advanced Family Law 2021 SBN 5.00 1.00 1.00
12/01/2021 Bar Exam Survey Participation SBN 3.00 0.00 0.00
10/02/2021 Family Law Appeals & Procedures .. Remand ONJ 2.50 0.00 0.00
05/18/2021 Employment Law 2021 Inn of Court 1.00 0.00 0.00
03/16/2021 With a Little Help From the Feds Inn of Court 1.00 0.00 0.00
03/10/2021 AAML Virtual Midyear Meeting Family Law AAML 8.00 1.00 0.00
03/03/2021 Spring 2021 TIP Mentor SBN 4.00 1.00 1.00
02/16/2021 How The Press Does Its Job Inn of Court 1.00 0.00 0.00
12/30/2020 2020 Pro Bono Credits LACSN 4.00 0.00 0.00
12/15/2020 Attorney Wellness Inn of Court 0.00 0.00 1.00
12/03/2020 Advanced Family Law, 6.5 CLE Credits SBN 4.50 1.00 1.00
11/17/2020 Racial Biases & Prejudices Inn of Court 0.00 1.00 0.00
10/20/2020 Election Law & Politics Inn of Court 1.00 0.00 0.00
07/27/2020 The New Child Support Regulations SBN 1.00 0.00 0.00
07/27/2020 Ethical & Efficient Family Law Firm SBN 0.00 1.00 0.00
07/27/2020 Drug & Alcohol Abuse SBN 0.00 0.00 1.00
06/17/2020 Nevada Family Law Case Law Update SBN 1.00 0.00 0.00
03/12/2020 31st Annual Family Law Conference SBN 5.00 0.00 0.00
03/03/2020 Spring 2020 TIP Mentor SBN 4.00 1.00 1.00
01/14/2020 Overview of 42 U.S.C. 1983 & Bivens Inn of Court 3.00 0.00 0.00
12/05/2019 Advanced Family Law SBN 5.50 1.00 0.00
09/19/2019 Conference on Advanced Issues in Child Custody AFCC 13.50 2.00 0.00
09/03/2019 Spring 2019 TIP Mentor SBN 4.00 1.00 1.00
03/13/2019 2019 Mid Year Meeting (March 13-15) AAML 8.00 1.00 0.00
02/28/2019 30th Annual Family Law Conference SBN 10.00 1.00 1.50
12/06/2018 Advanced Family Law - Part 1 SBN 1.00 0.50 0.00
12/06/2018 Advanced Family Law - Part 2 SBN 0.50 1.00 0.00
12/06/2018 Advanced Family Law - Part 3 SBN 1.50 0.00 0.00
12/06/2018 Advanced Family Law - Part 4 SBN 2.50 0.00 0.00
12/06/2018 Advanced Family Law - Part 5 SBN 1.00 0.00 0.00
09/01/2018 2018 Spring TIP Mentor SBN 4.00 1.00 1.00
05/17/2018 Bench/Bar Meeting Eighth Judicial District Court 1.00 0.00 0.00
04/05/2018 Bench/Bar Meeting Eighth Judicial District Court 0.50 0.00 0.00
03/02/2018 Efficient Evidence SBN 1.50 0.00 0.00
03/02/2018 Tax Changes & Bitcoin SBN 1.50 0.00 0.00
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03/02/2018 Substance Abuse & Recovery SBN 0.00 0.00 1.00
03/02/2018 10 Tips to Understand & Ethically SBN 0.00 2.00 0.00
03/01/2018 Caselaw & Legislative Update SBN 1.50 0.00 0.00
03/01/2018 Litigation Essentials SBN 1.50 0.00 0.00
03/01/2018 Understanding Human Trafficking SBN 1.00 0.00 0.00
03/01/2018 Trauma-Informed Lawyering SBN 1.00 0.00 0.00
03/01/2018 District Court Judges' Panel SBN 1.00 0.00 0.00
03/01/2018 Appellate Court Judges' Panel SBN 1.00 0.00 0.00
25. Do you have Professional Liability Insurance or do you work for a governmental agency?
Yes, I have professional liability insurance.
Business & Occupational Experience
26. Have you ever been engaged in any occupation, business, or profession other than a judicial
officer or the practice of law? If yes, please list, including the dates of your involvement with
the occupation, business, or profession.
Business Name
BP Sky KFT (an EU company located in Hungary)
Dates
1/2022 to present
Your Title
Owner, Managing Director
Business Name
Liszt Go KFT (an EU company located in Hungary)
Dates
1/2022 to present
Your Title
Managing Director
Business Name
Liszt Stay KFT (an EU company located in Hungary)
Dates
1/2022 to present
Your Title
Managing Director
Business Name
McLitho Ingatlan KFT (an EU company located in
Hungary)
Dates
10/2018 to present
Your Title
Owner, Managing Director
Business Name
Dates
Your Title
27. Do you currently serve or have you in the past served as a manager, officer, or director of any
business enterprise, including a law practice? If so, please provide details as to:
a. the nature of the business
b. the nature of your duties
c. the extent of your involvement in the administration or management of the business
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d. the terms of your service
e. the percentage of your ownership
Business Name
Law Office of Emily McFarling LLC
DBA McFarling Law Group
DBA Family Law Solutions
DBA Family Law Mediation Services
DBA LV Criminal Attorney
Nature of Business
Law firm
Nature of Duties
Representing clients in district court and appeal litigation
Oversight of marketing and operations
Involvement in administration
or management
Manager of all aspects of business administration
Terms of service
No terms
Percentage ownership
100%
Business Name
Accident Attorneys of Southern Nevada LLC
Nature of Business
Law firm
Nature of Duties
Oversight of marketing and operations
Involvement in administration
or management
Manager of all some aspects of business administration
Terms of service
No terms
Percentage ownership
50%
Business Name
McLitho Ingatlan KFT (an EU company based in Hungary)
Nature of Business
Real estate ownership and management of short-term
rentals in Budapest, Hungary
Nature of Duties
Set up of company and operations and selection of real
estate to purchase. No further expected duties thereafter.
Involvement in administration
or management
Managing Director (but the Managing Director located in
Hungary handles all administration and management)
Terms of service
No terms
Percentage ownership
100%
Business Name
BP Sky KFT (an EU company based in Hungary)
Nature of Business
Real estate ownership in Budapest, Hungary
Nature of Duties
Set up of company and selection of real estate to purchase.
No further expected duties thereafter.
Involvement in administration
or management
Managing Director (but the Managing Director located in
Hungary handles all administration and management)
Terms of service
No terms
Percentage ownership
100%
Business Name
Liszt Go KFT (an EU company based in Hungary)
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Nature of Business
Real estate ownership in Budapest, Hungary
Nature of Duties
Set up of company and selection of real estate to purchase.
No further expected duties thereafter.
Involvement in administration
or management
Managing Director (but the Managing Director located in
Hungary handles all administration and management)
Terms of service
No terms
Percentage ownership
none
Business Name
Liszt Stay KFT (an EU company based in Hungary)
Nature of Business
Real estate ownership in Budapest, Hungary
Nature of Duties
Set up of company and selection of real estate to purchase.
No further expected duties thereafter.
Involvement in administration
or management
Managing Director (but the Managing Director located in
Hungary handles all administration and management)
Terms of service
No terms
Percentage ownership
none
Business Name
McLitho Publishing, LLC and Skylark Publishing, LLC
Nature of Business
Children’s book publishing company and real estate
ownership
Nature of Duties
Children’s book author
Set up of company and operations, minimal duties
thereafter
Involvement in administration
or management
Final approval for major contracts
Terms of service
No terms
Percentage ownership
100%
28. List experience as an executor, trustee, or in any other fiduciary capacity. Give name, address,
position title, nature of your duties, terms of service and, if any, the percentage of your
ownership.
None.
Civic Professional & Community Involvement
29. Have you ever held an elective or appointive public office in this or any other state?
No
Have you been a candidate for such an office?
No
If so, give details, including the offices involved, whether initially appointed or elected, and
the length of service. Exclude political affiliation.
n/a
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30. State significant activities in which you have taken part, giving dates and offices or leadership
positions.
In 2010, I became the first woman in Nevada to become a Certified Family Law Specialist through
testing.
I have served the Nevada Chapter of the American Academy of Matrimonial Lawyers as an officer
for the past six years through March 2022.
Offices held: Secretary, Treasurer, Vice President, and President.
As part of the AAML, I was in charge of a major project to re-write the family law code that is
still in process.
I served as Treasurer for the Mediators of Southern Nevada in 2011.
I am currently serving on the Nevada Appellate Rules Commission and was part of the committee
that organized and arranged the subcommittees as well as the chair of two committees tasked
with specific rules. My proposed re-writes to which types of family law cases are heard by the
Supreme Court versus the Court of Appeals has been adopted by the commission. I am chair
of the committee re-writing the rule on child custody fast track appeals.
In addition to the five cases listed in response to question 20, I have had several other cases
before the Nevada Supreme Court that have resulted in published opinions, including Druckman
v. Ruscitti, 327 P.3d 511 (2014), Bluestein v. Bluestein, 345 P.3d 1044 (2015), and Nguyen v.
Boynes, 133 Nev.Adv.Op. 32 (2017).
31. Describe any courses taught at law schools or continuing education programs. Describe any
lectures delivered at bar association conferences.
“Moss, McFarling, & Willick: Reversed & Remanded, Family Law Appeals”, Our Nevada
Judges panel (October 2, 2021)
Overview of 42 U.S.C. 1983 & Bivens Inn of Court (November 2020)
“Help, Effectively Representing Victims of Domestic Violence”, 15
th
Annual State Bar of
Nevada Advanced Family Law Program (December 6, 2018)
“Appellate Court or Supreme Court – Who Decides?” Seminar at the NJA 40
th
Annual
Convention (October 2016).
Inn of Court presentations (2007 to 2019)
“Westbrook, Chen, and Porray: Criminal Law Appeals, Nuts & Bolts; Part 3” Our Nevada
Judges panel (May 1, 2022)
“Gibbons, Petty, and Porray: Criminal Law Appeals, Nuts & Bolts; Part 2” Our Nevada Judges
panel (March 17, 2022)
“Gibbons, Petty, and Porray: Criminal Law Appeals, Nuts & Bolts; Part 1” Our Nevada Judges
panel (March 17, 2022)
“Family Court Discovery” Our Nevada Judges panel (February 12, 2022)
“Peterson, Piro, and Coffee: The Death Penalty”, Special Host of Our Nevada Judges panel
(February 5, 2022)
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E. McFarling
“Termination of Parental Rights”, Our Nevada Judges panel (July 9, 2021)
“Survivorship Benefits”, Our Nevada Judges Panel (June 5, 2021)
Real Estate Law semester college course at College of Southern Nevada (spring 2011)
32. List educational, military service, service to your country, charitable, fraternal and church
activities you deem significant. Indicate leadership positions.
I have been a parent volunteer at the Nasri Academy for Gifted Children (2020-2022) and the Las
Vegas Day School (2014-2018) including reading to elementary school classes.
My office employed high school students from Cristo Rey St. Viator High School in 2021-2022.
My office regularly does clothing and food drives for charities such as Dress for Success.
33. List honors, prizes, awards, or other forms of recognition.
Professional:
AV Preeminent® Rated Attorney by Martindale-Hubbell - June 2013
Legal Aid Center of Southern Nevada Volunteer of the Month – March 2016
Legal Aid Center of Southern Nevada Partners in Pro Bono Mentor – 2014, 2015, 2016
Legal Aid Center of Southern Nevada 50 hours club – December 2016
Selected as a Fellow of the American Academy of Matrimonial Lawyers - 2015
Selected as a Fellow of the International Academy of Family Lawyers - 2015
Law School:
Law Scholarship (1998 - 2000), Alumni Association Scholarship (2000).
Undergrad: Dean’s List (1998), Sociology Departmental Honors (1998), Golden Key National
Honor Society (1998), Psi Chi - Psychology Honor Society (1998), Alpha Kappa Delta -
Sociology Honor Society (1998), Collegiate Scholarship (1997), Kneip Scholarship (1995).
First place in essay contest for work entitled, “The Contagious Disease Acts and the Systematic
Degradation of Women in Victorian Britain.” Honors thesis placed on reading list for upper level
Women Studies course.
34. Have you at any time in the last 12 months belonged to, or do you currently belong to, any
club or organization that in practice or policy restricts (or restricted during the time of your
membership) its membership on the basis of race, religion, creed, national origin or sex? If so,
detail the name and nature of the club(s) or organization(s), relevant policies and practices, and
whether you intend to continue as a member if you are selected for this vacancy.
No
35. List books, articles, speeches and public statements published, or examples of opinions
rendered, with citations and dates.
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“A Tale of Two Courts: Analyzing Whether a Child is Well-Settled in the New Environment
Under Lozano v. Montoya Alvarez and Druckman v. Ruscitti” Nevada Family Law Report,
Volume 28, Issue 1 (Winter 2015).
Twelve articles, including “Rate of Lung Disease in Women Increasing Rapidly” and “New
Pill May Help Smokers Quit” Tobacco Control Update Fall 1998, Spring 1999, Fall 2000.
“Yes Virginia, Secondhand Smoke Increases Risk of Cancer” Tobacco on Trial 1998-99.
36. During the past ten years, have you been registered to vote?
Yes
Have you voted in the general elections held in those years?
Yes
37. List avocational interests and hobbies.
Singing – I recently performed at the Clark County Law Foundation benefit and regularly
perform at the Nevada Family Law Conference.
Writing
Yoga
Travel
Conduct
38. Have you read the Nevada Code of Judicial Conduct and are you able to comply if appointed?
Yes
39. Have you ever been convicted of or formally found to be in violation of federal, state or local
law, ordinance or regulation? Provide details of circumstances, charges, and dispositions.
No
40. Have you ever been sanctioned, disciplined, reprimanded, found to have breached an ethics
rule or to have acted unprofessionally by any judicial or bar association discipline commission,
other professional organization or administrative body or military tribunal? If yes, explain. If
the disciplinary action is confidential, please respond to the corresponding question in the
confidential section.
No
41. Have you ever been dropped, suspended, disqualified, expelled, dismissed from, or placed on
probation at any college, university, professional school or law school for any reason including
scholastic, criminal, or moral? If yes, explain.
No
42. Have you ever been refused admission to or been released from any of the armed services for
reasons other than honorable discharge? If yes, explain.
No
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E. McFarling
43. Has a lien ever been asserted against you or any property of yours that was not discharged
within 30 days? If yes, explain.
No
44. Has any Bankruptcy Court in a case where you are or were the debtor, entered an order
providing a creditor automatic relief from the bankruptcy stay (providing in rem relief) in any
present or future bankruptcy case, related to property in which you have an interest?
No
45. Are you aware of anything that may require you to recuse or disqualify yourself from hearing
a case if you are appointed to serve as a member of the judiciary? If so, please describe the
circumstances where you may be required to recuse or disqualify yourself.
I would expect to recuse or disqualify myself on any case where my law firm and/or I represented
one of the parties.
Other
46. If you have previously submitted a questionnaire or Application to this or any other judicial
nominating commission, please provide the name of the commission, the approximate date(s)
of submission, and the result.
Judicial Selection Commission application to the Nevada Supreme Court, October 10, 2022. Not
appointed.
47. In no more than three pages (double spaced) attached to this Application, provide a statement
describing what you believe sets you apart from your peers, and explains what education,
experience, personality or character traits you possess, or have acquired, that you feel qualify
you as a supreme court justice. In so doing, address appellate, civil (including family law
matters), and criminal processes (including criminal sentencing).
See attached.
48. Detail any further information relative to your judicial candidacy that you desire to call to the
attention of the members of the Commission on Judicial Selection.
In my prior interview there were questions that indicated an inaccurate assumption that I had time
invested in operating my children’s book publishing company. This company is really just a
glorified hobby. It is run by someone else, not by me. I have spent only a few hours involved in its
operations in any given year for the past 20 years. It is not significant enough for me to have any
problem shutting down the operations or transferring ownership of the publishing operations to
the woman who operates it, if that is advised.
Additionally, there were questions that indicated that I had other obligations that may not allow
me to devote 100% of my time and attention to being a member of the court. I do not have business
obligations that are any more significant than minor hobbies and investments. Throughout my 19
years practicing law, I have generally begun working by 5:00am each day and have never had any
issue keeping up with a very demanding workload. I fully understand the work involved in being
a district court judge and am applying with that in mind.
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49. Attach a sample of no more than ten pages of your original writing in the form of a decision,
“points and authorities,” or appellate brief generated within the past five years, which
demonstrates your ability to write in a logical, cohesive, concise, organized, and persuasive
fashion.
See attached.
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Personal Statement
Almost all of my 19 years as an attorney have been spent practicing family law in the
Clark County District Court family division. I am well respected in the local, national, and
international legal communities as one of the best family law attorneys in the state of Nevada.
In 2010, I was honored to become the first female Nevada Family Law Specialist through
the testing procedure. In 2015, I was recognized as a fellow of the American Academy of
Matrimonial Lawyers, the national organization that admits only the top family law attorneys in
each state. I was immediately elected secretary of the Nevada AAML chapter. I went on to serve
as treasurer, vice-president, and just retired as president earlier this year. In 2015, I also was
admitted as a fellow of the International Academy of Family Lawyers. I am currently serving on
the Nevada Appellate Rules Commission and chair two committees, including the child custody
fast track committee.
As a private practice attorney, I have become known as one of the best family law
litigators and eventually one of the best appellate attorneys. Much of the important case law in
Nevada family law comes from appeals that I worked on. I receive appeal referrals from across
the family law bar and family law referrals from local attorney and around the world.
My appellate work is focused primarily in the Nevada Supreme Court and Court of
Appeals, although I have practiced in the 9
th
Circuit Court of Appeals and U.S. Supreme Court.
But the majority of my practice over the past 19 years has been in the Clark County District
Court Family Division.
I have spent the majority of my legal career fighting for victims of domestic violence and
working to ensure that children that come before the family court are protected from harm. I
have worked closely with the domestic violence advocates from several women’s shelters around
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Las Vegas. I am familiar with and sensitive to issues of children and parties with disabilities – I
have a child with ADHD and another with autism and cerebral palsy. And as a parent who has
raised children without a father in the local area most of their lives, I am well aware of the
difficulties faced by single parents.
In addition to a strong focus on domestic violence and high conflict child custody cases, I
also operate a financial consulting division to assist other family law attorneys who are not as
good at math or the financial aspects of divorce cases. In addition to preparing complex
calculations, I also prepare retirement division orders for other attorneys, which is a specialized
area only handled by a few attorneys in Nevada.
I have always been drawn to working in a neutral capacity. In law school, I was certified
as a mediator and an arbitrator in an international program at Humboldt University in Berlin,
Germany. I have worked as a private mediator through a specific mediation division of my law
firm throughout my career. In 2016, I was certified as a parenting coordinator. Since that time, I
have been appointed by the family court as a parenting coordinator in many high conflict child
custody cases.
One reason I have excelled as a litigator and appellate attorney is because I can see both
sides to a case, which allows me to predict the arguments of the opposing side and counter them
effectively. I don’t practice law to win for myself; I want to win a case for the sake of my client
and their children. I care about cases ending with the best result. I care about ensuring that our
law is clear, intelligent, and best serves the State of Nevada and its people. Over the last 19 years
in private practice, the hardest thing for me has been prioritizing advocacy for the client I am
representing above advocating for what the law should be, and above what might be best for all
involved. I have been fortunate to have the ability to be selective about who I represent so I can
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E. McFarling
advocate for what is best for the children. Nonetheless, it has always been apparent that I would
be best suited to work in a neutral capacity.
I am a highly organized person who routinely files pleadings in advance of the deadline. I
start my day at 4:00am, starting work by 5:00am. I work well under time pressure, although I
prioritize my work so that I don’t generally have to deal with pressure unless there is an
unanticipated emergency. While family law deals with a lot of time sensitive, urgent matters, my
habit of doing things in advance that can be done in advance allows for time sensitive matters to
be handled without becoming an emergency or pushing aside normal work.
I have the experience, education, and personality to be an outstanding member of the
family court. I want the law to serve people, not just to have my own clients win. My drive to
ensure justice and fair treatment is what makes me the best fit as a family court judge.
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Writing Sample
A. Facts
John and Jane were never married but have one child born of their relationship. John Smith,
III (“John Jr.”) was born October 23, 2013 and is six years old. Jane initiated a custody action
against John on June 22, 2015, and after numerous motions, the Court issued a stipulated Decree
of Custody for joint physical custody on July 21, 2017. The parties currently share custody based
on the interim order entered by the Court on September 3, 2019. Jane currently lives in Las Vegas,
Nevada and John moved to Toronto, Canada in May 2019 for his job.
Over the years, the parties have filed multiple motions to modify child custody or support,
each time stipulating to custody arrangements.
This past year, the parties again needed to discuss changing the custody schedule. In each
previous agreement, the parties never stipulated as to where John Jr. would attend school and
expressly agreed to revisit the issue in 2019. In addition, John received and accepted an opportunity
to work in Toronto, Canada, after being unemployed for more than six months in 2018. He
relocated to Toronto in May of 2019. The job officially started in June 2019. John communicated
this significant change in circumstances to Jane and had proposed an alternative visitation schedule
for the summer until the Court decided where John Jr. would live and attend school.
John lost his job in 2018 and had been consistently trying to secure steady employment
since. The career opportunity in Canada was too good to pass up; John is earning a significant
salary. The parties’ existing custody and visitation order is no longer practicable, and a decision
must be made by this Court regarding the physical custody of John Jr.
In April of 2019, John received a job offer from ABC Media Group, Inc. (“ABC”). ABC
is a subsidiary of Ice Age, the company at which John is currently employed as a consultant. He
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accepted the position and is now consulting for ABC specifically for their hospitality arrangements
throughout Canada and other locations worldwide. ABC is based out of Toronto, Canada, and as
a condition of employment, John was required to relocate to Toronto. John began transitioning
his family to Toronto in May 2019 and has lived there since. The job began on May 1, 2019.
John struggled to find consistent employment in this niche market since 2018, after he was
no longer working with XYZ. These opportunities do not come often, and he could not afford to
pass it up. John could not actively participate with ABC management from the United States, and
so he had to make the difficult decision of relocating to Toronto. This move allows John to directly
manage ABC’s hospitality portfolio and could potentially lead to more opportunities down the
road (similar to the opportunities he had with XYZ).
LEGAL ARGUMENT
A. The Court Should Allow John Jr. to Attend an Online School so that the Parties Can
Maintain Joint Physical Custody of John Jr.
The Court should order that the parties are to maintain joint physical custody of John Jr.,
with John’s 50% timeshare moving from Los Angeles, California to Toronto, Canada because both
parties are able to maintain joint physical custody.
NRS 125C.0025 states that “when a court is making a determination regarding the physical
custody of a child, there is a preference that joint physical custody would be in the best interest of
a minor child” if the parent has demonstrated an intent to establish a meaningful relationship with
the child. John’s intent is to maintain a close, meaningful relationship with John Jr., creating a
preference that it is in John Jr.’s best interest for the parties to maintain joint physical custody.
Moving out of the state is not a valid reason, in and of itself, to disrupt joint physical custody if
both parties are able to continue to exercise 50% of the time. The parties have equally shared joint
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physical custody in the past, including across state lines, an arrangement that was extremely
beneficial for John Jr. in maintaining a close relationship with both of his parents. There is no
reason to change that when there is a solution that allows this Court to make a custody decision
that keeps each party’s involvement with the minor child the same as it has been.
A flight from Las Vegas to Toronto, Canada may be as short as four hours and six minutes,
whereas the drive from Las Vegas to Los Angeles ranges from five to six hours, depending on
traffic.
1
Plaintiff has not shown that there will be a significant difference in travel time between
the arrangement that was already in place and the new arrangement proposed by John. The biggest
difference will be the mode of transportation, which should not significantly impact the Court’s
decision.
In order to allow the Parties to maintain joint physical custody and a 50/50 timeshare, John
Jr. can attend an online school, allowing him to have a flexible schedule. Further, the court will
not need to require either party to meet a burden to modify custody from joint to primary physical
custody, as the parties will continue to maintain joint physical custody. Therefore, there is no just
reason for the parties not to maintain joint physical custody, and the Court should make orders
maintaining the joint physical custody that the parties currently share.
The Relocation Burden Need Not be Met if the Court Orders the Parties to
Maintain Joint Physical Custody
If the Court maintains joint physical custody, neither party needs to meet a burden to
relocate with the minor child. NRS 125C.0056 states that “[i]f joint physical custody has been
established pursuant to an order, judgment or decree of a court and one parent intends to relocate
his or her residence to a place outside of this State or to a place within this State that is at such a
1
Flight Itinerary from Las Vegas, Nevada to Toronto, Canada.
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distance that would substantially impair the ability of the other parent to maintain a meaningful
relationship with the child,” the relocating parent must meet certain obligations.
Here, John does not wish to impair the ability of Jane to have a meaningful relationship
with John Jr. and he is proposing that the Parties maintain the exact same amount of time each
year as they have been (50/50) between California and Nevada and when both parties lived in
Nevada. John wishes for John Jr. to have a meaningful relationship with both parents, even with
John and Jane living in different locations. John and Jane previously shared joint physical custody
of John Jr., with John living in Los Angeles and Jane living in Las Vegas. Therefore, joint physical
custody was already shared across state lines, outside the state of Nevada. John now wishes to
maintain joint physical custody of John Jr. with Jane. Despite living as farther away, John wishes
to put in place mechanisms for the parties to continue sharing joint physical custody without
substantially impairing the ability of either parent to maintain a meaningful relationship with John
Jr.
The only obstacle to achieving John’s request is that John Jr. is now school aged. The
parties had previously agreed to determine where John Jr. would attend school when the time arose.
That time came in August of this year and the Court entered temporary orders for John Jr. to attend
elementary school in Las Vegas. Maintaining John Jr. in his current school would impair John’s
ability to have a meaningful relationship with John Jr., as John Jr. would rarely be able to travel to
Canada to visit his father. Attending home school via online school would solve this issue, thereby
allowing the parties to maintain joint physical custody. Thus, the Court should order that John’s
relocation to Toronto, Canada is permitted and the parties will maintain joint physical custody with
John Jr. attending home school.
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The Court Should Order that John Jr. Attend Laurel Springs Online School
In order to facilitate the Parties maintaining joint physical custody, the Court should order
that the child be placed in an online school. The Court should order that John Jr. attend Laurel
Springs School, an accredited online private school, as doing so will allow the parties to maintain
joint physical custody while concurrently providing John Jr. with a diverse, quality education.
Courts may make orders regarding a child's education "as appears in his or her best
interest."
2
“When parents in a joint legal custody situation disagree as to a child's education, they
‘may appear before the court on an equal footing to have the court decide what is in the best interest
of the child.’”
3
The Nevada Supreme Court in Arcella ruled that determining which school placement is
in the best interest of a child is a broad-ranging and highly fact-specific inquiry, so a court should
consider any other factors presented by the particular dispute and should use its discretion to decide
how much weight to afford each factor.
4
The Court found that the following factors are likely
relevant to the Court’s determination:
(1) The wishes of the child, to the extent that the child is of sufficient age and
capacity to form an intelligent preference;
(2) The child's educational needs and each school's ability to meet them;
(3) The curriculum, method of teaching, and quality of instruction at each school;
(4) The child's past scholastic achievement and predicted performance at each
school;
(5) The child's medical needs and each school's ability to meet them;
(6) The child's extracurricular interests and each school's ability to satisfy them;
(7) Whether leaving the child's current school would disrupt the child's academic
progress;
(8) The child's ability to adapt to an unfamiliar environment;
(9) The length of commute to each school and other logistical concerns;
2
Arcella v. Arcella, 407 P.3d 341, 345 (Nev. 2017) (quoting Epperson v. Arkansas, 393 U.S. 97,
104, 89 S. Ct. 266, 21 L. Ed. 2d 228 (1968)).
3
Id. (quoting Rivero v. Rivero, 125 Nev. 410, 421, 216 P.3d 213, 221-22 (2009)).
4
Id.
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(10) Whether enrolling the child at a school is likely to alienate the child from a
parent.
5
Here, the parties disagree on where John Jr. should attend school, therefore the Court must
choose which school is in John Jr.’s best interest. Laurel Springs is very flexible with schedules
and works with parents to maintain a schedule that fits everyone. If Jane does not want the
responsibility of overseeing schoolwork for an online school, John is willing to complete all
schoolwork while he is exercising his 50% share of the custody arrangement.
Further, an increasing number of studies have shown the incredible benefits that online
schooling has to offer. Online education has grown tremendously in the last decade and is rising
as a potential strategy to diversify education choices at all levels of education. Many are advocating
for the benefits of online school including new technologies which allow online learning to
“expand the depth and breadth of courses available to students, provide options for new locations
and schedules for learning, and perhaps introduce effective new ways to deliver education in a
variety of settings.”
6
The factors clearly weigh in favor of John Jr. being in an online school, and thus, the Court
should order that John Jr. is to attend Laurel Springs School. The benefits are clear. John is willing
to provide most, if not all, of John Jr.’s education during his time with John Jr., which can be
accomplished in as little as six months, thereby giving Jane the ability to spend her time with John
Jr. as she wishes.
7
Therefore, the Court should allow John Jr. to be homeschooled and should order
that the parties are to maintain sharing joint physical custody of John Jr.
5
Id.
6
https://journals.sagepub.com/doi/full/10.3102/0013189X17692999
7
Jane will, of course, be permitted to share in the responsibility of the child’s online schooling,
should she choose to.
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Online school education is an agile and customizable tool that can serve to be a great benefit
for parents who are co-parenting across state lines. Its innovative and flexible approach provides
an avenue for parents who live large distances away from one another to continue sharing joint
custody, ultimately allowing the minor child to maintain close relationships with both of his or her
parents.
Proposed Orders
THE COURT HEREBY ORDERS that Defendant may relocate to Toronto, Canada and
the parties shall continue to maintain joint physical custody of John Jr. as follows:
1. REGULAR CUSTODIAL SCHEDULE: The parties will exercise a rotating schedule
that divides the year into five equal segments of roughly 73 days each with exchanges
on February 27, May 11, July 23, October 4, and December 15 each year.
2. HOLIDAY SCHEDULE: There shall be no separate holiday or vacation schedule. The
above rotating schedule will ensure that major holidays alternate from year to year.
THE COURT FURTHER ORDERS that John shall be permitted to enroll John Jr. in Laurel
Springs Online School, which he shall continue to attend unless mutually agreed upon between
the Parties or until further order of the Court.