Jenny Brekhus’ run for Reno mayor appealed to Nevada Supreme Court

A Reno mayoral candidate is interesting a Washoe County decide’s resolution that cleared the best way for Jenny Brekhus to run for mayor below Nevada’s time period restrict regulation for elected officers. 

Representing himself and utilizing on-line recommendation on what to do, Reno mayoral candidate William Mantle made the submitting Tuesday to switch the case from Washoe District Court docket to the Nevada Supreme Court docket. 

A crowded discipline of 11 candidates are working for Reno mayor and the 2 candidates with essentially the most votes within the June main will transfer on to the November common election. A authorized resolution in his favor could not even assist Mantle until he finishes within the high three.

“I actually cannot stand the thought that folks simply mainly get away with violations, particularly towards our structure,” Mantle stated in a cellphone name with the RGJ. “That’s what we’re supposed to carry sacred, proper, true and delightful and all that. I didn’t examine felony justice for 10 years simply to look away after I see a violation.”

Brekhus informed the RGJ by e mail that she thinks this shouldn’t be a difficulty for the courts.

“On the finish of the day, our system works finest when voters make the selections about candidates, not judges,” she stated.

The authorized arguments

How time period limits must be utilized has been a frequent matter of debate in Nevada political circles. 

The state’s structure says, “No particular person could also be elected to any state workplace or native governing physique who has served in that workplace, or on the expiration of his present time period if he’s so serving could have served, 12 years or extra…”

Mantle thinks that applies to Brekhus, who could have served 12 years if she completed out her present time period representing Ward 1 on the Reno Metropolis Council. Due to a Nevada Supreme Court docket resolution involving fellow mayoral candidate George “Eddie” Lorton, Reno’s mayor is taken into account to be the identical workplace as town council. 

Brekhus doesn’t assume she’s in violation of Nevada regulation as a result of she could have served solely 10 years on the council if she’s elected mayor. 

She factors to many Nevada officers who’ve been elected earlier than their twelfth yr and served longer than 12 years. One present instance is Washoe County Commissioner Kitty Jung, who will depart the council after November’s election having served 15 years.

Mantle thinks Jung is within the mistaken, too. 

“I simply wasn’t ever ready to problem something earlier than,” he stated.

Atone for the race for Mayor:

Washoe County District Court docket Decide Connie Steinheimer agreed with Brekhus final month that the 12-year restrict applies on the time of election, not totality of years in the identical workplace.

“My authorized staff and I really feel the decrease court docket ruling will stand and we’re going to ask the (Supreme) Court docket, in the event that they tackle the case, to listen to it in an expedited method,” Brekhus stated.

“Whereas I respect everybody’s rights to petition the courts, it’s turning into more and more clear that Mr. Mantle who filed this enchantment on the final day of the enchantment interval isn’t working a lot of a marketing campaign for himself to be mayor however one towards my candidacy,” she added.

“If he’s so involved in regards to the constitutionality of this problem, one would assume that he would additionally problem the incumbent mayor’s (Hillary Schieve’s) eligibility as the 2 of us began on the council the identical day in 2012.”

What’s subsequent?

Whether or not the Nevada Supreme Court docket even decides to listen to the enchantment has but to be decided.

Mantle stated he finds himself in a begrudging place to pursue this case as a result of he’s doing all of it on his personal. 

“I am apprehensive I will not have the sources and the flexibility to see a very good effort by way of,” he stated. “The Supreme Court docket is a reasonably large deal they usually require fairly intensive filings. So if I can get assist afterward as a result of individuals are impressed, I might settle for that assist gladly as a result of I am not skilled on this discipline and I am actually flying by the seat of my pants.”

Washoe County court docket clerk Alicia Lerud stated Mantle’s enchantment shall be dealt with by both the Nevada Supreme Court docket or the Nevada Court docket of Appeals.

“Nevada has a ‘push down mannequin’ for its intermediate appellate court docket,” she stated. “Below this mannequin, all appeals are despatched first to the Nevada Supreme Court docket, and the Nevada Supreme Court docket then decides whether or not will probably be heard by the Nevada Supreme Court docket or the Court docket of Appeals.  This differs from the U.S. Supreme Court docket the place the Court docket decides whether or not to listen to the enchantment.”

Mark Robison covers native authorities for the Reno Gazette-Journal, in addition to writes Reality Checker and Ask the RGJ articles. His wages are paid for 100% by grants and donations from folks such as you. Due to this, all the journalism he publishes shall be made out there totally free with out concern for industrial return. If you would like to see extra articles like this, please take into account sharing this text or donating at RGJ.com/donate.

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