STATE v. FIRST JUDICIAL DISTRICT COURT

No. 80313.

466 P.3d 529 (2020)

136 Nev. Adv. Opn. 34

STATE of Nevada EX REL. Nicole J. CANNIZZARO, in Her Official Capacity as Senate Majority Leader of the Senate of the State of Nevada; Claire J. Clift, in Her Official Capacity as Secretary of the Senate of the State of Nevada; Legislative Counsel Bureau, Legal Division, in its Official Capacity as the Legal Agency of the Legislative Department of the State of Nevada; Brenda J. Erdoes, Esq., in Her Official Capacity as Legislative Counsel and Chief of the Legislative Counsel Bureau, Legal Division, and in Her Professional Capacity as an Attorney and Licensed Member of the State Bar of Nevada; and Kevin C. Powers, Esq., in His Official Capacity as Chief Litigation Counsel of the Legislative Counsel Bureau, Legal Division, and in His Professional Capacity as an Attorney and Licensed Member of the State Bar of Nevada, Petitioners, v. The FIRST JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF CARSON CITY; and the Honorable James Todd Russell, District Judge, Respondents, and James A. Settelmeyer; Joseph P. Hardy; Heidi Seevers Gansert; Scott T. Hammond; Pete Goicoechea; Ben Kieckhefer; Ira D. Hansen; and Keith F. Pickard, in their Official Capacities as Members of the Senate of the State of Nevada and Individually, Real Parties in Interest.

Supreme Court of Nevada.

FILED June 26, 2020.


Attorney(s) appearing for the Case

Legislative Counsel Bureau, Legal Division, and Brenda J. Erdoes , Legislative Counsel, and Kevin C. Powers , Chief Litigation Counsel, Carson City, for Petitioners.

Allison MacKenzie, Ltd., and Karen A. Peterson and Justin M. Townsend , Carson City, for Real Parties in Interest.

BEFORE THE COURT EN BANC.


OPINION

Nevada Rule of Professional Conduct 1.7 prohibits a lawyer from representing a client if a concurrent conflict of interest exists with another client. The rule applies when "[t]he representation of one client will be directly adverse to another client." In this proceeding, the district court determined...

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