State Supreme Court rules in favor of fired administrator

Monday, June 12, 2000 | 11:42 a.m.

CARSON CITY -- After two setbacks, Georgia Nunez is going to get her day in court on her lawsuit against the city of North Las Vegas for wrongful termination as administrator of the Municipal Court in 1993.

Nunez was fired by then North Las Vegas Municipal Judge Gary Davis and filed a suit in federal court against both the city and Davis. The federal suit against the city was dismissed but the claims against Davis were not.

Nunez then sued the city in state District Court in Las Vegas, claiming her implied contract of continued employment had been breached, that she suffered emotional distress and her firing was retaliatory because, among other things, she did not obtain a raise for Davis from the City Council.

Senior District Judge James Brennan dismissed the suit against the city. Brennan said a 1993 Nevada Supreme Court decision held that Municipal Courts were part of the state system, not local governments. He ruled the city could not be sued based on that decision.

The Supreme Court, in a decision issued Friday, said its 1993 ruling was wrong. The unanimous decision, written by Justice Bill Maupin, said the Municipal Court is not an extension of the state for purposes of a lawsuit.

"We also conclude that the Municipal Courts of this state are separate branches of their respective municipal governments," Maupin said. "Because they are not state governmental entities, the respective municipalities may be subject to suits such as the instant matter."

In sending the case back to district court, the high court said, "All of her claims must be resolved on their merits, including possible substantive defenses available to the city."

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