CARSON CITY — A libertarian think tank’s legal team filed an opening brief to reinstate a case before the Nevada Supreme Court, seeking to pursue its separation-of-powers lawsuit aimed at state lawmakers who also work in state government jobs.
The Nevada Policy Research Institute’s Center for Justice and Constitutional Litigation filed the brief Friday in its case Pojunis v. State of Nevada, et al, which addressed the separation-of-powers clause in Article 3, Section 1 of the Nevada Constitution. It named then-state employee and current state Sen. Mo Denis, D-Las Vegas.
Shortly after the complaint was filed in November 2011, Denis resigned from his computer technician job with the Public Utilities Commission of Nevada.
Carson City District Court Judge James Russell then ruled the case was made moot by Denis’ resignation.
But CJCL wants the case reinstated, because resolving the case is a matter of public interest.
The separation-of-powers clause “makes it perfectly clear that a sitting legislator cannot hold a job in the executive or judicial branch of government, and yet, there are at least 14 conflicting attorney general’s opinions on this issue and no fewer than six current legislators who also hold jobs in the executive or judicial branch of state government,” said Joseph Becker, chief legal officer and director of CJCL.