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Oct. 31, 2024

Today, the Nevada Supreme Court ruled that state government employees are no longer allowed to serve as state legislators. The ruling comes in response to Nevada Policy’s Separation of Powers lawsuit, which was first filed in July 2020.

The Nevada Constitution has long forbidden legislators from “exercising any functions” related to the other two branches of government. Yet, in plain violation of this mandate, government employees have routinely served as state legislators. This practice has undermined the principle of representative government and led to a legislature that was more responsive to the needs of government, rather than the people. In practice, this has led to things like higher taxes, reduced educational options for Nevada children, and a lack of transparency and accountability in government.

“For over 100 years, government employees have defied the plain text of Nevada’s constitutional separation of powers doctrine by impermissibly serving as state legislators,” said Nevada Policy President John Tsarpalas. “Today, that comes to an end.”

The lawsuit is Nevada Policy’s third—and now final—attempt to enforce Nevada’s constitutional Separation of Powers doctrine. The Institute brought similar challenges back in 2011 and 2017.

“Ensuring that our system of government conforms to the confines of the Nevada Constitution is at the heart of what Nevada Policy believes in and fights for,” Tsarpalas said. “The Framers rightly understood the corrupting influence that would result if government agencies were free to hire or otherwise employ members of the state legislature. It is essential that the Nevada Legislature represent and reflect the will of the people, and not the government. This ruling is a monumental win for all those who believe in a constitutional and representative system of government.”

While Nevada Policy argued that the text, history, and purpose of Nevada’s Separation of Powers doctrine bars all government employees—both state and local—from serving as state legislators, today’s 4-3 ruling held that only state government employees are barred from simultaneously serving as state legislators. But today’s opinion should not be construed to mean that the court will tolerate legislative dual service simply because the dual-serving legislator happens to work for a local rather than state government agency, Tsarpalas said.

“The court went out of its way to note that it was not approving the practice of allowing prosecutors to simultaneously serve as state legislators, notwithstanding the fact that county prosecutors work for a local rather than state agency,” Tsarpalas said. “I, for one, would not want to test the court’s commitment to safeguarding Nevada’s Separation of Powers doctrine, which the court rightly described as perhaps the most vital constitutional principle we have.”

Nevada Policy’s mission is to effectively promote policies that encourage free-market solutions,
protect individual liberties and eliminate unnecessary governmental restrictions on the citizens
and businesses of Nevada.