By Sean Whaley, Nevada News Bureau: A conservative Nevada think tank today filed its notice of appeal to the state Supreme Court in its separation of powers case challenging the ability of state lawmakers to also work in public sector jobs.
The Nevada Policy Research Institute’s Center for Justice and Constitutional Litigation filed the notice in Pojunis v. State of Nevada, et al. – a case which it says could fully restore the separation-of-powers clause found in Article 3, Section 1, of Nevada’s constitution.
The lawsuit was filed in November 2011 against Sen. Mo Denis, D-Las Vegas, who at the time also worked as a computer technician with the state Public Utilities Commission. Denis left state employment to work in the private sector about the same time and a Carson District judge dismissed the action for being moot.
Joseph Becker, chief legal officer and director of CJCL, said the case should proceed despite Denis leaving public sector employment, arguing the important legal principle should be reviewed by the courts.
“. . . we believe strongly that this case meets the ‘Public Interest’ exception to the mootness doctrine and should be allowed to proceed,” he said.
The lawsuit was filed on behalf of Las Vegas resident William Pojunis on Nov. 30, 2011. Pojunis said at the time he was unemployed and was qualified for Denis’ position and wanted to apply for the job.
In his district court filing seeking dismissal, Denis’ attorney said case law shows that Nevada courts only decide “cases that present live controversies.”
“Courts will not retain jurisdiction where ‘a live controversy becomes moot by the occurrence of subsequent events,’ and ‘will not make legal determinations that cannot affect the outcome of the case,’ ” said Denis attorney Bradley Schrager.