Supreme Court gives Legislature more time to answer tax-hike suit

Tuesday, Nov. 23, 2004 | 8:58 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- The U.S. Supreme Court has granted the Nevada Legislature an additional 30 days to answer the lawsuit involving approval of the tax increase last year.

The answer to the suit, filed by Republican lawmakers, was due today, but attorneys for the Legislature asked for and received an extension.

Lorne Malkiewich, director of the Legislative Counsel Bureau, said Monday the staff of lawyers has "been busy with other things." It has been preparing rules for the impeachment trial of Controller Kathy Augustine and also drafting the more than 800 bills for the 2005 Legislature that starts in February.

He said the legislative attorneys wanted to review the petition for a writ of certiorari to see if it carried any new points in its appeal. He said there are some new arguments and the legislative lawyers will answer those.

John C. Eastman, professor of law at Chapman University School of Law in Orange, Calif., is representing the GOP lawmakers who dispute the ruling of the Nevada Supreme Court that funding the public schools took precedent over requiring a two-thirds vote to pass new taxes. Both are in the Nevada Constitution.

While the Nevada court ruled a two-thirds vote was not needed to fund education, the Legislature passed its $833.6 million tax increase with a two-thirds vote in each house.