High court to hear arguments on legislators’ dual service

Tuesday, May 11, 2004 | 10:13 a.m.

CARSON CITY -- Nevada Supreme Court Chief Justice Miriam Shearing on Monday ordered oral arguments to begin May 27 for the legal dispute about whether or not state and university employees can serve in the Legislature.

Each side will have 30 minutes to present their oral arguments, which the court will take under submission and rule on later.

The chief justice also gave Attorney General Brian Sandoval 10 days to file a reply brief to the one submitted by the Legislature and other "friend of the court" briefs.

Sandoval, on behalf of Secretary of State Dean Heller, filed suit against the Legislature asking the court to bar public employees from serving in the Legislature.

He said he will use the chief justice's order "as an opportunity to reply to the briefs."

Sandoval had hoped that the issue could be decided by May 14, the close of filing for political office.

"I appreciate the Supreme Court's willingness to answer the long-standing question of whether dual service is consistent with the Nevada Constitution," he said.

Sandoval also asked for an advisory opinion on whether or not city and county employees are barred from the Legislature.

Lorne Malkiewich, director of the Legislative Council Bureau, said he was pleased that the court gave the attorney general time to file a reply brief.

"We want a full and fair hearing in whatever time it takes to reach a decision," Malkiewich said.

The American Civil Liberties Union and a number of employee groups have filed briefs supporting the position that state and university workers are eligible to serve in the Legislature.