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DEP'T OF HEALTH v. EIGHTH JUD. DIST. COURT

No. 85554.

534 P.3d 706 (2023)

139 Nev. Adv. Opn. 28

The State of Nevada DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF PUBLIC AND BEHAVIORAL HEALTH, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF CLARK; and the Honorable Christy L. Craig, District Judge, Respondents, and Andrew Aliano; Deshawn Benjamin; Dane Gee; Carlos Guzman; Anthony Johnson: Chavele Johnson; YasIel Ojeda; Roberto Otero; Douglas Talley; Yolanne Toh; and Timothy Wallace, Real Parties in Interest.

Supreme Court of Nevada.

Filed August 31, 2023.

Attorney(s) appearing for the Case

Aaron D. Ford , Attorney General, and Julie A. Slabaugh , Chief Deputy Attorney General, Susanne M. Sliwa , Deputy Attorney General, and Jeffrey M. Conner , Deputy Solicitor General, Carson City, for Petitioner.

Darin F. Imlay , Public Defender, and Arlene Heshmati , Chief Deputy Public Defender, Clark County, for Real Parties in Interest.

BEFORE THE SUPREME COURT, EN BANC.

OPINION

In this opinion, we clarify that a district court may properly hold a party in civil contempt for failure to fulfill a statutory and constitutional obligation to accept incompetent criminal defendants for restorative treatment.

This matter arises from district court orders holding Petitioner...

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