Storey County Sheriff Gerald Antinoro will get his day in court to challenge the Ethics Commission fine imposed on him.
The commission fined him $1,000 for willfully violating Nevada’s Ethics in Government Law. The panel ruled Antinoro violated state law by endorsing former Asswemblywoman Michele Fiore’s run for U.S. Congress by using the official letterhead of the sheriff’s office.
Antinoro petitioned the First District Court for judicial review of the decision but District Judge Todd Russell dismissed the petition. He ruled Antinoro failed to invoke the court’s jurisdiction and failed to seek rehearing or reconsideration of the decision before asking for judicial review.
Antinoro argued he isn’t required to seek rehearing first.
The Intermediate Appellate Court ruled when Russell issued that ruling, he didn’t have the high court’s opinion in a case saying failure to identify a party in a petition for review isn’t in and of itself a fatal defect.
The three-member appellate court also ruled there’s no requirement under law to seek rehearing or reconsideration before asking for judicial review.
They sent the case back to Russell with instructions to hold a hearing to review the commission’s decision and penalty imposed on Antinoro.