Ruling limits Attorney General in constitutional challenges
April 6, 2017
The Nevada Supreme Court has ruled the Attorney General isn't automatically entitled to intervene in criminal cases every time constitutional challenges are raised.
"We conclude that the AG is not entitled to such notice or opportunity to be heard," according to the opinion by Justices Jim Hardesty, Ron Parraguirre and Lidia Stiglich.
The petition was filed after a Southern Nevada justice court notified the AG's office the statute used to charge two people with trespassing at Red Rock Casino Resort and Spa was being challenged as unconstitutionally vague. After being notified the AG's office moved to intervene in the case arguing it's entitled to do so in any constitutional challenge.
The opinion also notes that constitutional challenges are often made in criminal cases and while the statute requires the AG be notified of any such challenges, it doesn't require he "be made a party to the action."