Brooks v. Legislature of the State of Nevada ( 2013 )

 Assemblyperson Brooks appears to have been placed on
administrative leave pursuant to Article 4, Section 6 of the Nevada
Constitution. Under this provision, the authority to determine the rules of
proceedings and to discipline or expel members is vested in "Each House"
of the Legislature, i.e., the Assembly and the Senate. Nev. Const. art. 4, §
6. As such, the Legislature as a whole has no authority with regard to the
suspension of Assemblyperson Brooks pending an investigation into the
propriety of disciplining or expelling him, and thus, the Legislature is not
the proper respondent in this action. See Secretary of State 120 Nev. at
462-63, 93 P.3d at 750.
Mandamus issues to direct a named respondent to take legally
required action. NRS 34.160. For the writ to issue, the proper party
respondent must be named. Secretary of State 120 Nev. at 462-63, 93
P.3d at 750. Petitioner's failure to name the correct respondent is a defect
that, with no response by petitioner to suggest a basis to distinguish our
existing caselaw, requires denial of the writ. See id.
It is so ORDERED.
9
Pickering
7 , C.J.
Gib-bons Hardesty
,
Parraguirre
J.
Cherry Saitta
SUPREME COURT
OF
NEVADA
2
(0) 1947A
cc: Law Offices of Mitchell Posin, Chtd.
Legislative Counsel Bureau Legal Division, Brenda J. Erdoes
SUPREME COURT
OF
NEVADA
3
(0) I947A