Friday, June 14, 2002 | 11:04 a.m.
A dispute over a constable candidate's age is heading to the Nevada Supreme Court after a District Court judge kicked a candidate for Henderson Township constable off the ballot Thursday.
In a ruling some believe disqualifies other candidates, District Court Judge Sally Loehrer said Independent American candidate Nicholas Hansen cannot run for Henderson Township constable, because at 20, he could not meet the age requirement to be a peace officer.
Incumbent Constable Earl T. Mitchell filed the formal protest to Hansen's candidacy based on a state law requiring someone to be 21 years old in order to be appointed to the position.
But Loehrer did not rule on that statute and instead cited, NRS 258.070, the law that specifies the duties and powers of a sheriff or deputy.
It states: "Each constable shall: a.) be a peace officer in his township; b.) serve all mesne and final process issued by a court of competent jurisdiction; c.) execute the process, writs or warrants that he is authorized to receive ...; and d.) discharge such other duties as are or may be prescribed by law."
"Her interpretation of the statute means you have to be a constable in the township to run for constable," Hansen's lawyer and cousin Greg Hansen said.
Greg Hansen planned to file an appeal to the Nevada Supreme Court late Thursday.
"Neither side even argued that issue," Greg Hansen added. "We were both arguing whether appointed or elected peace officers have the same age standard."
Countywide, 19 people are running for 10 constable positions. Incumbent constables in Henderson Township, Las Vegas Township and North Las Vegas Township face a total of eight opponents -- all of whom would not be qualified to run based on Loehrer's ruling.
Larry Lomax, Clark County's registrar of voters, said Loehrer's ruling "is a whole new wrinkle."
"I have no idea if any of the people running for constable are peace officers," Lomax said. "It's nothing we were required to check before they filed.
"This is going to have to go back to court to get clarified," Lomax added.
Mitchell said he agreed with Loehrer's ruling, and as a 17-year peace officer, believes it is a necessary requirement of the job.
"That's the thing the election department should look at when you file," Mitchell said. "That's the election department's responsibility."
Greg Hansen called Loehrer's ruling "ridiculous" and immediately began working on an appeal, and a request that the high court expedite the case due to the need to settle the matter before ballots are printed.
Other candidates running for Henderson Township Constable were also in court Thursday and were stunned by the ruling.
"I think she opened a can of worms that she can't back up," said Frank "Full-Time" Mahoney, a Democrat seeking the office. "That would kick me off, too. If the Supreme Court sticks with her ruling, what are they going to do with all of the candidates out there?"
Mitchell faces three opponents, Las Vegas Township Constable Bobby G. Gronauer faces three opponents and North Las Vegas Township Constable Herb Brown has two opponents.
Greg Hansen said he thinks Loehrer's ruling could be used not only to disqualify them, but to throw out challengers in all constable races statewide.
Mary-Anne Miller, the district attorney who serves as Clark County's counsel, didn't specifically address Loehrer's ruling, but did say: "She took everybody by surprise. Nobody was expecting that."
"All of the constable candidates were in the audience and were just stunned," Miller said.
Nicholas Hansen said he thought Loehrer's ruling was better for his campaign than if she had ruled in his favor.
"I welcome the challenge," said the candidate Hansen, who turns 21 in February. "This gives me more of a chance to make noise."
archive
