Legislature to court: Don’t overturn two-thirds ruling

Tuesday, July 29, 2003 | 10:27 a.m.

CARSON CITY -- The Legislature urged the Nevada Supreme Court Monday to put an end to attempts by 24 GOP lawmakers to overturn the ruling that a two-thirds vote was not necessary for new or increased taxes to fund education.

The Nevada Constitution requires a two-thirds vote on new or increased tax and it also requires the state to fund the public schools. Earlier this month, the Nevada Supreme Court ruled that the two-thirds requirement must fall by the wayside when it prevents the schools from being funded.

The Republicans want the court to re-hear the case and to withdraw its opinion. They don't want the ruling to set a precedent.

N. Patrick Flanagan, representing the Legislature, noted that the court's opinion prompted the Legislature to act to approve a tax package and a school-aid bill by the two-thirds vote.

"The passage of a tax increase by a two-thirds margin made this case moot, but this may not happen in the future," Flanagan said. He said there is "no reason to believe that this issue ever will arise again." And if it does, the court will probably review the issue then.

The response by the Legislature did not take a position on the request by the GOP lawmakers to withdraw the ruling.

Assemblyman Morse Arberry, Jr., D-Las Vegas, filed a supplemental brief, opposed to the motion by the GOP to continue to litigate the case.

He said the GOP made "several unsubstantiated and inaccurate allegations regarding the budget process" during the Legislature.

Meanwhile the Independent American Party and other conservative groups said Monday they have filed an amended complaint in U.S. District Court in Las Vegas that seeks to nullify the ruling by the Nevada Supreme Court.

They allege there was a conspiracy between Gov. Kenny Guinn, Assembly Speaker Richard Perkins, D-Henderson and Senate Minority Leader Dina Titus, D-Las Vegas to violate the constitutional rights of Nevadans.

Their complaint quotes columnist Vin Suprynowicz of the Las Vegas Review-Journal who says he talked to an unidentified former judge who alleged Guinn talked to Justices Bob Rose and Miriam Shearing before the decision about the case and that violates judicial rules.

Through an attorney, the justices have asked for a retraction, according to a story Saturday in the Review-Journal. In that story, the paper said it would not retract the story.