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CARRIGAN v. COMMISSION ON ETHICS

No. 51920.

236 P.3d 616 (2010)

Michael A. CARRIGAN, Fourth Ward City Council Member of the City of Sparks, Appellant, v. The COMMISSION ON ETHICS of the State of Nevada, Respondent.

Supreme Court of Nevada.

July 29, 2010.

Attorney(s) appearing for the Case

Chester H. Adams, City Attorney, and Douglas R. Thornley, Assistant City Attorney, Sparks, for Appellant.

Nevada Commission on Ethics and Adriana G. Fralick, Carson City, for Respondent.

Legislative Counsel Bureau Legal Division and Brenda J. Erdoes, Legislative Counsel, and Kevin C. Powers, Senior Principal Deputy Legislative Counsel, Carson City, for Amicus Curiae Legislature of the State of Nevada.

Before the Court En Banc.

OPINION

By the Court, DOUGLAS, J.:

In this appeal, we consider whether the Nevada Commission on Ethics' censure of an elected public officer for alleged voting violations under NRS 281A.420(2)(c) violates the First Amendment.2 NRS 281A.420(2)(c) sets forth one of the legal standards for determining whether a public officer must abstain from voting on a particular matter, based...

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