Judge dismisses lawsuit by IAP

Friday, Aug. 1, 2003 | 9:16 a.m.

CARSON CITY -- A federal judge Thursday dismissed the Independent American Party's lawsuit that argued that the party's rights were violated by a ruling by the Nevada Supreme Court that allowed the Legislature to pass a tax measure without a two-thirds vote.

U.S. District Judge Kent J. Dawson said the allegations in the suit were hearsay and were built on "a house of straw." He scolded the party's lawyer, Joel Hansen, for violating court rules.

Hansen had filed an amended complaint in federal court in Las Vegas citing a newspaper columnist from the Las Vegas Review-Journal who wrote that he had talked with a retired judge. The columnist wrote that the judge said that Gov. Kenny Guinn spoke with Supreme Court Justices Bob Rose and Miriam Shearing about the case before the governor filed the suit to ensure there would be a favorable ruling.

Guinn, Rose and Shearing all deny the allegation. The governor filed the suit to force the Legislature to pass money for the public schools and the taxes to pay for the appropriation.

Dawson said the IAP suit "is based upon inadmissible hearsay. Even more damaging to plaintiffs' position, the article itself is not only hearsay but is based upon an instance of double hearsay."

The judge said unsupported newspaper articles usually do not rise to the standard that requires some trustworthiness. The suit, Dawson said, is based "on a mysterious uncited source." And basing the entire complaint on that unsupported allegation "would be like building a house of straw hoping to find some bricks later."

According to a story in the Review-Journal, the justices have asked the newspaper for a retraction of the column. The newspaper has declined.

The IAP initially filed a suit and then brought the amended civil action that included the newspaper column.

Dawson, in a footnote, said Joel Hansen called his office and asked the court to ignore the amended complaint.

"This call continues a pattern of plaintiffs' counsel inappropriately trying to communicate ex parte with the court," he said. "The irony of counsel accusing Gov. Guinn and justices of the Nevada Supreme Court of similar conduct is not lost on this court. The court cannot 'ignore' properly filed pleadings."

Hansen could not be reached for comment Thursday.

The Nevada Supreme Court ruled that the constitutional requirement of a two-thirds vote for new or increased taxes must give way to the state's duty to fund the public schools, also mandated by the state constitution.