Big Win for Nevada’s Constitution: Court Rules State Workers Can’t Be Legislators

Good Governance

Eric Bihr

| November 1, 2024

In a big victory for Nevada Policy and the people of Nevada, the Nevada Supreme Court decided that state government workers can no longer serve as state lawmakers. This decision came after Nevada Policy’s lawsuit, which was filed in July 2020, to protect the “separation of powers” rule in Nevada’s Constitution.

According to the Nevada Constitution, lawmakers shouldn’t have jobs in other parts of government. However, for many years, state workers have also served as lawmakers, creating conflicts and making it harder for them to put people’s needs above government interests. This led to issues like higher taxes, fewer school choices, and less transparency in government decisions.

“For over 100 years, government employees have ignored the clear wording in Nevada’s Constitution, which says they shouldn’t be allowed to serve as lawmakers,” said Nevada Policy President John Tsarpalas. “Today, that finally stops.”

This lawsuit was Nevada Policy’s third attempt to enforce this separation rule. Previous efforts in 2011 and 2017 didn’t bring about change, but this new ruling marks a turning point.

“Making sure our government follows Nevada’s Constitution is central to what Nevada Policy believes in,” Tsarpalas said. “The founders of our Constitution understood that if government agencies could hire lawmakers, it could lead to corruption. The Nevada Legislature should represent the people, not government agencies. Today’s ruling is a huge win for everyone who supports a fair and representative government.”

While Nevada Policy argued that both state and local government workers should be kept from serving as lawmakers, the court’s decision applies only to state employees. However, Tsarpalas warned that local government employees may also be affected by this decision in the future. “The court pointed out that it didn’t approve of local government workers, like county prosecutors, serving as state lawmakers,” Tsarpalas said. “I wouldn’t test the court’s dedication to protecting Nevada’s separation of powers, which they called one of the most important rules we have.”

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Eric Bihr

Eric Bihr serves as the Director of Communications and Marketing for Nevada Policy to mobilize the expert research and communications to all Nevadans across multiple social channels. For over a decade, Eric has led and developed strategies for non-profits, small businesses, and large for-profit brands with their social media strategies to reach audiences and scale reach. Born in California, Eric moved to Las Vegas, Nevada in 2008 where he currently resides. While building his career in Marketing and Leadership, Eric has raised millions of dollars for non-profits, led national marketing campaign teams for brands, and developed leadership strategies for teams of over 500 staff and volunteers. When he’s not working or on social media, Eric enjoys staying active and making memories with his three children, Avery, Audrey, and James.