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Secretary Of State outlines process for filling potential District Court vacancies

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Nevada News Bureau Staff: With the potential for several vacancies within the state District Court system in the 2012 election year, the Secretary of State’s Office has issued a legal interpretation to address the issue of nominating candidates to vacated seats and to clarify questions about the process.

At least one District Court judicial seat in Clark County, and possibly more, could soon be vacant.

District Judge Donald Mosley has announced his retirement as of March 2 after 33 years on the bench, and district Judge Elissa Cadish was recently nominated by President Barack Obama to serve as a U.S. district judge in Nevada.

The interpretation from Ross Miller’s office says that if a district judge seat is vacated after the judicial candidate filing period, which ended Jan. 13, and before April 10, the vacancy will appear on the November general election ballot and candidates are nominated via nominating petitions. (NRS 293.165(2))

Secretary of State Ross Miller

If the vacancy occurs between April 10 and June 22, the seat will appear on the November general election ballot as well, but the process for nominating candidates is not clear. As a result, Miller’s office can promulgate emergency regulations to set forth the procedures for candidates to be nominated.

If the vacancy occurs after June 22, the vacancy will not appear on the November general election ballot because the deadline to alter the ballot will have passed. (NRS 293.165(4))

Secretary of State Interpretation No. 122901 also includes further analysis of district judge office vacancies and the nominating process.

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