Justice questions barring constable candidate, 20

Friday, Aug. 23, 2002 | 9:24 a.m.

CARSON CITY -- At least one justice of the Nevada Supreme Court has doubts whether 20-year-old Nicholas Hansen can be precluded from running for election as constable in Henderson because of his age and the fact he's not a peace officer.

"You can elect someone who is not a peace officer and he gets a year to become certified" Justice Bob Rose said.

But attorney Tony Terry, representing incumbent Constable Earl Mitchell, said Henderson would be the laughingstock of the state if it allowed someone to be elected who was less qualified than any other peace officer in Nevada.

Justice Nancy Becker said the voters could make the decision who has the qualifications.

Hansen's cousin, attorney Greg Hansen, told the court Thursday the person elected constable automatically becomes a peace officer when he takes office. And he has one year to get certified by the Peace Officers Standard Training program.

He said Nicholas Hansen intended to do that.

The court took the arguments under submission and indicated there would be an early ruling because the ballots for the general election go out for printing on Sept. 10.

District Judge Sally Lohr ruled that Hansen, an Independent American Party candidate, cannot be on the ballot because he must be a peace officer when he is elected. A person can't become a police officer until he is 21 and is certified by the training program.

Hansen the candidate turns 21 in February, a month after he takes office. His cousin Greg told the court the Constitution permits people to run for office when they are 18 years old.

"To allow people to run is what this country is all about," said Greg Hansen, a candidate for Clark County recorder. "It's a travesty to impose a higher burden on younger people."

Terry said the law of Nevada holds that no peace officer can be under 21 years old. Hansen doesn't become a peace officer by being elected constable, he said.

If Hansen were allowed to be elected, he would be less qualified than the peace officers he would be supervising. His deputies would all have to be 21.

But Rose said that's not unusual. He noted that a non-lawyer can be elected state attorney general.

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