IN RE CONTESTED ELECTION OF MALLORY

No. 57312.

282 P.3d 739 (2012)

In the Matter of the CONTESTED ELECTION of Arthur E. MALLORY for the Office of District Attorney of Churchill County. John O'Connor, Appellant, v. Arthur E. Mallory, Respondent.

Supreme Court of Nevada.

August 9, 2012.


Attorney(s) appearing for the Case

Jones Vargas and Bradley S. Schrager , Las Vegas, for Appellant.

Lemons, Grundy & Eisenberg and Robert L. Eisenberg , Reno; Thomas L. Stockard , Chief Deputy District Attorney, and Craig B. Mingay , Deputy District Attorney, Churchill County, for Respondent.

Neil A. Rombardo , District Attorney, Carson City, for Amici Curiae Nevada Association of Counties and Nevada District Attorneys Association.

Jim C. Shirley , District Attorney, Pershing County, for Amici Curiae Pershing County; and Celeste Hamilton, Pershing County Assessor.

BEFORE THE COURT EN BANC.


OPINION

By the Court, SAITTA, J.:

In this appeal, we address the narrow question of whether the office of district attorney is a state office for the purpose of determining whether district attorneys are subject to term limits under the "state office" portion of Article 15, Section 3(2) of the Nevada Constitution. Reviewing the Constitution as a whole, our resolution of this inquiry is controlled by Article 4, Section 32 of the Constitution, which...

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