Hon. Dean HELLER, Secretary of State of the State of Nevada, Petitioner,
v.
The LEGISLATURE OF the STATE OF NEVADA, Respondent.
Supreme Court of Nevada.https://leagle.com/images/logo.png
July 14, 2004.
July 14, 2004.
Attorney(s) appearing for the Case
Brian Sandoval, Attorney General, Jeff E. Parker, Solicitor General, and Ann P. Wilkinson, Deputy Attorney General, Carson City, for Petitioner.
Brenda J. Erdoes, Legislative Counsel, and Kevin C. Powers, Principal Deputy Legislative Counsel, Carson City, for Respondent.
Beckley Singleton, Chtd., and Daniel F. Polsenberg and Beau Sterling, Las Vegas; Bradley Drendel & Jeanney and William O. Bradley Sr., Reno; William Patterson Cashill, Reno; Robert C. Maddox & Associates and Robert C. Maddox, Las Vegas, for Amici Curiae Las Vegas Police Protective Association, Metro Inc.; Nevada Association of School Administrators; Nevada Faculty Alliance; Nevada State AFL-CIO; Professional Firefighters of Nevada; Retired Public Employees of Nevada; and State of Nevada Employees Association (SNEA/AFSME Local 4041).
Dyer, Lawrence, Penrose, Flaherty & Donaldson and Michael W. Dyer, James W. Penrose, and Cory A. Watkins, Carson City, for Amici Curiae Nevada State Education Association, Clark County Education Association, Education Support Employees Association of Clark County, and Washoe Education Association. Allen Lichtenstein, Las Vegas, for Amicus Curiae American Civil Liberties Union of Nevada.
James T. Richardson, Reno; Watson Rounds and Matthew D. Francis, Reno, for Amicus Curiae The Nevada Faculty Alliance.
BEFORE THE COURT EN BANC.
Supreme Court of Nevada.
OPINION
PER CURIAM:
In this original mandamus proceeding, the Secretary of State challenges state government employees' service in the Legislature as violating the Nevada Constitution's separation of powers. The Secretary also questions whether local government employees may serve as legislators without violating separation of powers.
Ironically, the Secretary's attempt to have state executive branch employees ousted or excluded from the Legislature...
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