Articles Posted in Supreme Court of Nevada

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In 1976, Nevada’s voters approved the creation of the Commission on Judicial Discipline through constitutional amendment. In this case, a group of individuals within the City of North Las Vegas sought to remove a municipal judge through a special recall election rather than through the system of judicial discipline established by the majority of voters in 1976. The municipal judge sought an emergency injunction from the district court and also filed a complaint challenging the legal sufficiency of the recall petition. The district court denied all of the municipal judge’s claims, concluding that judges are “public officers” subject to recall under the Nevada Constitution and that the form of the petition did not violate the judge’s constitutional rights. The Supreme Court reversed, holding that the recall petition against the municipal judge was invalid because the drafters of the constitutional amendment at issue and the electorate who approved it intended that recall no longer be an available means of removing a judge from office. View "Honorable Catherine Ramsey v. City of North Las Vegas" on Justia Law

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The Nevada Constitution prohibits the Legislature from amending or repealing a voter-initiated statute for three years after it takes effect. Scenic Nevada, Inc. qualified an initiative for submission to general-election voters in 2000. The initiative passed, and the Initiative Ordinance, which related to the construction of new billboards, became effective. Within three years of the new law’s effective date, the City of Reno enacted two billboard-related ordinances, the Conforming Ordinance and the Banking Ordinance, which amended the Initiative Ordinance. In 2012, the City enacted the Digital Ordinance, which reenacted and amended the Conforming and Banking Ordinances. Scenic Nevada sued the City, seeking to invalidate the Digital Ordinance because it incorporated the Conforming and Banking Ordinances, which were enacted within the first three years of the voters’ 2000 Initiative Ordinance. The district court entered judgment for the City, concluding that the three-year legislative moratorium does not apply to municipal initiatives. The Supreme Court affirmed, holding (1) the three-year legislative moratorium applies to municipal initiatives; and (2) although the City enacted the Conforming and Banking Ordinances within three years of its passage, the subsequent reenactment of those ordinances after the three-year legislative moratorium cured the constitutional defect. View "Scenic Nevada, Inc. v. City of Reno" on Justia Law