High court speeds up teachers’ tax case hearing

Monday, Jan. 8, 2001 | 11:29 a.m.

CARSON CITY -- The Nevada Supreme Court has agreed to put on the fast track an appeal of the legality of an initiative petition that would impose a 4 percent business profits tax to support schools.

The court on Friday cleared away some of the pending motions and waived its rules that require a settlement conference before the case could be heard. It also said the records from the District Court did not have to be submitted.

Oral arguments are now set for Feb. 7 in Carson City, and the full court will hear the case, rather than a panel of judges. The court warned it will not grant any requests for an extension of time for filing briefs "absent extreme and unforeseeable circumstances."

Business interests, including various chambers of commerce, have asked the Supreme Court to overturn the decision of Carson City District Judge Mike Griffin that validated the initiative petition by the 23,000-member Nevada State Education Association. The petition will be presented to the Legislature on its opening day Feb. 5.

The chambers had sought to block the teachers' union presentation to the Legislature, but oral arguments are scheduled two days after the session opens.

The business interests filed two petitions on appeal instead of one. The court agreed to consider documents filed in one as the opening brief in the case. Attorneys for teachers have until Jan. 19 to submit their answering brief, and the chambers and other business interests must file a reply brief before Jan. 26.

The court said it would "expedite this matter to the extent this court's docket will allow."

The Legislative Counsel Bureau last week filed a friend-of-the-court brief supporting, in part, the position of business.

Counsel Bureau Director Lorne Malkiewich said it was told to enter the suit by Sen. Ann O'Connell, R-Las Vegas, who is chairwoman of the Legislative Commission. State law allows such intervention to "protect the official interests of the Legislature."

Malkiewich said the Counsel Bureau brief protests a section of the tax petition that requires the Legislature to provide 50 percent of the state's general fund to the public schools in the future. He said this violates the state Constitution because it doesn't provide the revenues to carry out the task.

The bureau, Malkiewich said, is not advocating a position about the full petition, just focusing on that section.

After the petition is submitted to the Legislature, lawmakers have 40 days to act, unless the Supreme Court nullifies the tax plan.

If legislators change or reject the tax plan, it will go before voters in November 2002.

The petition would raise anywhere from $200 million to $250 million to be spent only in the public schools.