Nevada Judiciary

As the Nevada Supreme Court is asked to decide the legality of controversial ballot questions this year, the justices have established specific timelines and expedited procedures for ballot-related appeals.

"The Nevada Supreme Court justices are committed to doing everything we can to resolve any cases brought before us in time for absentee ballots to be printed and distributed by the deadline of Sept. 28," Chief Justice Bob Rose said. "We believe that the right of Nevada citizens to vote on appropriate matters should not be compromised by unnecessary delays."

Challenges to ballot issues should first be heard and ruled on by a District Court judge before the high court may consider the case on appeal.

"When cases are appealed," Chief Justice Rose said, "the Supreme Court believes it can resolve them and still keep the election process on track if our expedited schedule is followed."

An expedited schedule in each case will be issued once an appeal is filed. The new procedure for 2006 cases requires that all legal documents be filed by Aug. 16 at the latest. Oral arguments will be held on August 23rd if the Court determines it is necessary and time permits, Chief Justice Rose said.

He admitted "the challenge for the Court could be tremendous if we are asked to decide four or five ballot issues within a month while still maintaining our regular workload."

"These ballot-related cases usually present very difficult questions of law that must be decided in an extremely short period of time," Chief Justice Rose explained. "But I am confident the Supreme Court will meet its deadline for decisions as long as the parties adhere to the strict briefing schedule the Court has adopted."

Under that schedule, an appellant must submit an opening brief within five days of an appeal being filed. The opposing side will have five days to answer and the appellant will have just another three days to file a reply brief. All briefs and other documents must be filed no later than Aug. 16 and personally served on the opposing side, or sent by FAX.

"Any ballot-related appeals that do not meet these deadlines will not be considered in time for the ballot printing, unless extreme and compelling circumstances can be shown," Chief Justice Rose said.

"By announcing this schedule in advance, the Supreme Court is providing notice to all litigants and their attorneys that the burden is on them to obtain timely judgment at the District Court level in order to facilitate any appeal to the Supreme Court within the time period we have set," Chief Justice Rose said.

Below is a memorandum from the Office of the Nevada Supreme Court Clerk to the state's District Court Clerks about the new procedure.

July 20, 2006

MEMO TO: District Court Clerks

FROM THE OFFICE OF THE NEVADA SUPREME COURT CLERK

Procedure and Timetable for Processing Ballot-Related Cases by Clerk’,s Office

Immediately upon the docketing of any ballot-related appeal, the Supreme Court will issue an order setting forth an expedited schedule for filing briefs and, if applicable, for transmitting the trial court record and transcripts. When appropriate and if time permits, oral argument will be held on August 23, 2006.

The expedited briefing schedule will provide for the appellant(s) to file an opening brief no later than 5 days after the appeal is docketed. An answering brief will be due 5 days after the opening brief is filed, and the appellant's reply brief will be due 3 days thereafter. All briefs and any other documents filed in these appeals must be filed with the Supreme Court clerk and must be served on all parties to the case personally or by FAX.

The Court requests the cooperation of the district courts, the district court clerks, court reporters, the bar and the litigants to ensure that appeals are timely filed under these guidelines and that the established briefing schedules are met. By announcing this schedule in advance, the Court is providing notice to all litigants and counsel who may be involved in ballot-related questions of its anticipated procedures, so that they will be better equipped to obtain a well-timed judgment in the district court and meet the expedited deadlines that will be set.

While it is possible, in a ballot related case, to file an original writ petition with the Supreme Court, it is only appropriate when sufficient time to appeal no longer exists and a compelling reason is shown why the Supreme Court should consider the writ petition.