Attorneys trying to figure out laws governing replacement

Wednesday, March 24, 2004 | 9:30 a.m.

Clark County and state attorneys were trying to figure out the laws regarding the replacement of outgoing Commissioner Mark James on Tuesday.

Gov. Kenny Guinn will have to appoint a Republican, because James is a Republican, but it was unclear whether there would be an election this fall for the seat, which represents a huge swath of land in the western and southern parts of the valley and includes Spring Valley.

Tim Cory, who lost to James in the primary in 2002, said he would ask the governor to appoint him.

But while Guinn and his staff were digesting the news, attorneys were scrambling to find the law on when and how long the replacement could serve.

Part of the problem is that it has been 20 years since a county commissioner resigned midterm. Two resigned during Operation Yobo and were replaced by then Gov. Richard Bryan.

There were competing theories as to how the process would work.

James said the timing of his decision would allow Guinn, also a Republican, to appoint a replacement to the county board before filing for the November election ends on May 14. James said he had researched the law and wanted to ensure his constituents would be able to vote on a new commissioner in November.

"I think it would be the best thing for democracy if someone were to fill my shoes then stand for election," he said. "I thought about that. I looked at the law. If I was going to make the decision, the time to make it was now."

However, as of Tuesday night county government officials were still unsure how the replacement would work.

The Nevada Supreme Court said following the death of Justice Myron Leavitt in January that the position would have to be open for election in November. If an appointee filed for the position before filing closes, the appointee could run, but if the appointee failed to file for the post by that date, he or she would have to resign following the election.

The original interpretation of the law after Leavitt's death had been that if someone were appointed after filing, the appointee would not face election in 2004. That interpretation was changed to say that there would be an election in the fall regardless of whether there was an appointee.

County spokeswoman Stacey Welling said Tuesday night that the county is unsure how the filing date would affect anybody appointed to replace James.

"We're not sure," she said. "We have to give our legal folks a chance to research it and give us the definitive word."

Chief Deputy Secretary of State Renee Parker says the law isn't clear whether James' seat is up for election if the governor doesn't appoint anybody until after the close of candidate filing. She said she has been researching and would talk to the legislative attorneys today. She also said she will talk with the Clark County counsel Mary Miller.

Parker said the statute on vacancies on County Commission is different than the one on the Supreme Court.

Attorney General Brian Sandoval also said he's not sure what happens if the governor waits until after filing closes to appoint a successor to James. He said he intended to research it this morning. James and Commission Chairman Chip Maxfield urged the governor to act expeditiously.

"We want to fill that vacancy as soon as possible," Maxfield said.

Maxfield and Commissioner Rory Reid, a Democrat, said they would be more than happy to consult with the governor regarding a replacement.

Maxfield, in a short news conference at the county government center about an hour after James submitted his resignation, endorsed Cory to take over the seat.

"Tim Cory fits the description well," Maxfield said.

While Cory also is a Republican, he opposed abortion rights and supported a Nevada ban on gay marriages, disagreeing with James on both points. James is considered a moderate on social, environmental and other issues, and sometimes clashed with the Republican leadership of the state and county on those issues.

After winning the primary, James went on to win decisively in November 2002, picking up labor endorsements and considerable crossover votes from Democrats in the district.

James and Maxfield said the ultimate decision on who to name as a replacement will be up to Guinn, but James said Cory ran a good campaign.

"He was a man of integrity in the campaign," James said. "I leave those decisions to the governor."

Cory, a 54-year-old bankruptcy attorney, said he knew within the hour after he heard the news that he wanted to go for James' seat.

His wife, grown children and grandchildren all live in the area, and Cory said he feels it's the right time for him to be in public service.