Nevada Supreme Court Order Stops Further Law Violations

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The Las Vegas Township Constable’s Office located in Nevada, announced today that on Monday July 06, 2012, the Supreme Court of Nevada signed an Order upholding an injunction against Henderson Constable Earl Mitchell, and Laughlin Constable Jordan Ross, restraining them from conducting, soliciting, or accepting any business from the Las Vegas Constable’s Jurisdiction.

Las Vegas Constable John Bonaventura and the Las Vegas Township's Constable's Office filed a lawsuit to enforce the laws of Nevada after Henderson and Laughlin Constables refused to act in accordance with a Legislative Council Bureau (LCB) opinion. (Case # A-12-663876-C Department XXVIII in the Eight Judicial District Court of Clark County Nevada).

"With this recent Nevada Supreme Court Order, they will be forced to abide by the law", Constable Bonaventura said. According to the District Court record, constables must be accountable to the people that elect them. The District Court Order states, "In looking at this statute, the plain meaning could not be more clear."

As reported by Kristi Jourdan of the LAS VEGAS REVIEW-JOURNAL on July 30, 2012, Constable John Bonaventura explained that there were several incidents where complaints were filed with the Las Vegas Township Constable’s Office for the actions of deputies from Henderson and Laughlin. Citizens were mistaking Henderson and Laughlin deputies as being Las Vegas Deputy Constables.

Constable Bonaventura said. "This new Supreme Court Order ensures that constables in Nevada shall only serve in the Townships to which they are elected." Constable Bonaventura said, "contempt of court charges could be filed if Henderson or Laughlin constables violate the Order".

The recent injunction puts an end to the 'Constable Turf Wars'. "I couldn't believe that they did not respect the Legislative opinion and then went and filed an appeal with the Supreme Court of Nevada, since it was very clear. It is part of my job as a law enforcement officer to enforce the law. They forced us to seek a legal court injunction"; Bonaventura said.

The Order Denying Petition for Writ of Mandamus from the Supreme Court of Nevada comes after Henderson Constable Earl Mitchell, and Laughlin Constable Jordan Ross filed an appeal, which was denied by District Court Judge Ron Israel and “Now”, denied again by the Nevada Supreme Court.

The Nevada Supreme Court agrees with Plaintiff Bonaventura, District Court Judge Ron Israel and a recent Legislative opinion. The courts sent a clear legal message regarding the conduct of Constables and the law.

Within the District Court Order it states "Once it is determined that a statute is being violated by a public official there should be a higher standard used similar to "Strict Scrutiny" in evaluating and preventing public harm." This recent Nevada Supreme Court Decision ensures that all Constables in Nevada will now have to abide by the law.

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Lou Toomin, Public Information Officer
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