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Nevada Think Tank Says Issues Raised in Separation of Powers Lawsuit Not Moot
CARSON CITY – The Nevada Policy Research Institute’s Center for Justice and Constitutional Litigation has just filed an opposition brief maintaining that Sen. Mo Denis’ resignation from his executive-branch job does not moot Pojunis v. State of Nevada, et al., because of several well-established exceptions to the “mootness doctrine.”
“Within hours of being served with this separation-of-powers lawsuit, Sen. Mo Denis announced his resignation from his executive-branch job,” said Joseph Becker, chief legal officer and director of CJCL. “In essence, that resignation constituted a de facto admission on the merits of the case — that, according to Article 3, Section 1, of Nevada’s constitution, it is unconstitutional for a legislator to simultaneously exercise any function in the executive or judicial branches.”
As a result of his resignation from the PUC, Denis’ attorney filed several motions claiming, among other things, that the case, Pojunis v. State of Nevada, et al., was moot. His motion to dismiss was filed Dec. 23.
“Even if Denis’ resignation from the PUC means the case does not present a live controversy, the court may still consider the case if it involves a matter of ‘widespread importance,’” said Becker. “There are five well-established exceptions to the ‘mootness doctrine,’ and as our brief details, at least four of those exceptions are applicable in this case.”
The four exceptions are the Public-Interest Exception, the Voluntary-Cessation Exception, the Capable-of-Repetition-Yet-Evading-Review Exception, and the Ongoing-Collateral-Legal-Consequences Exception.
“These well-established exceptions show why this case remains justiciable and why the court should and can upload the clear words of the constitution — that it is unconstitutional for anyone exercising any function in one branch to simultaneously exercise any functions, appertaining to either of the other branches of government,” stated Becker.
“Even Gov. Brian Sandoval, the chief executive of the State of Nevada, which is also a named defendant in the lawsuit, has stated that this lawsuit ‘brings up a very important constitutional issue,’ ” Becker said. “Further, in regards to the separation-of-powers issue raised by this lawsuit, Gov. Sandoval has implored the Supreme Court to ‘[s]ettle it once and for all.’”