High court dismisses petition on term limits

Friday, July 16, 2004 | 9:27 a.m.

CARSON CITY -- In its second decision in two days on the subject, the Nevada Supreme Court Thursday rejected a petition to force four state legislators to choose between their public employment and their service in the Legislature.

The Independent American Party of Nevada had filed suit seeking a writ of mandamus to force the lawmakers to make a choice, arguing the Constitution prohibits dual service between the executive branch and the Legislature.

The court said the IAP does not have standing to bring the lawsuit. It said a party must show in its petition that it has "some particular right to be preserved or protected," and the organization has not shown that.

The IAP suit named as defendants Senate Minority Leader Dina Titus, D-Las Vegas, who is a professor at UNLV; Assemblyman Mark Manendo, D-Las Vegas, an employee of the Community College of Southern Nevada; Assemblyman Jason Geddes, R-Reno, who works at the University of Nevada Reno; Assemblyman Ron Knecht, R-Carson City, an employee of the state Public Utilities Commission; and Assemblywoman Chris Giunchigliani, D-Las Vegas, who has since resigned her job at CCSN.

Heller was in Washington D.C. and could not be reached for comment whether he intends to pursue the issue in a state district court, as outlined by the Supreme Court.

Commenting on the Wednesday decision, Giunchigliani said the Nevada Legislature is a citizens' Legislature, and voters should have a choice of whom they want to elect.

A former schoolteacher and former employee of the Community College of Southern Nevada, she said there is a simple policy that she followed: to take a leave of absence during the session.

She said the issue should not be judged by a few lawmakers who last session drew pay both from the Legislature and their government jobs.