Friday, July 4, 2008
The Nevada Supreme Court denied a petition by Judge Elizabeth Halverson to declare unconstitutional a Nevada law that created two year judgeships. The petition contended that a six-year term was required by the state constitution. If the relief sought had been granted, Judge Halverson's term in the judicial office to which she had been elected would have been extended by four years. The court concluded:
S.B. 195’s creation of judicial offices with initial two-year terms is constitutional. The constitution allows the Legislature to create new judicial positions with initial terms of fewer than six years in order to place those positions on the same election cycle as district court judge positions generally. As a result, we deny the petition for a writ of mandamus or prohibition and for declaratory relief.