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EDITORIAL: Term limits upheld

State high court says some may run, others can't

The state Supreme Court on Friday handed down a ruling on state term limits which won't please everyone, but which avoided the major dangers and -- finally, after 12 years -- lets Nevadans know where they stand.

What was needed was a firm, clear ruling. Never say "never" when it comes to attorneys filing more appeals, but Friday's decision (however belated) appears to get the job done.


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  • The greatest danger was that some on the court might seek to reverse an earlier ruling which held -- despite the court-ordered division of the 1994 term limits question into two parts in 1996 -- that voters did indeed approve 12-year term limits for state and local officeholders twice "in the same manner" in 1994 and again in 1996, as required by law.

    Nope. The court held Friday that Nevada's term limits stand. One bullet dodged.

    True, the court allowed legislators such as Assemblywoman Barbara Buckley to seek another term -- which is tantamount to "assuming another term," given the way lawmakers have gerrymandered so many "safe" partisan districts -- on the technicality that Ms. Buckley took office on the day after the 1996 election, whereas term limits didn't take effect until the formal canvas of that election, a few weeks later.

    Thus, the court now holds, Ms. Buckley (and a few others in the same circumstance) has not served 12 years in office, but only 11 years and 340-odd days, meaning she gets another roll of the dice.

    That's a pretty slim reed -- especially since Ms. Buckley first assumed her current office not in 1996, but in 1994, meaning she did indeed hold this same office during the first three weeks of November 1996, and has thus served a full 12 years (and more) by anyone's clock.

    At least the court now holds she (and state Sen. Raggio, R-Reno, and others) can be relieved of the duty of any further service come 2010 -- though some begin to wonder if some stakes and garlic might not be of service.

    Barred from further terms -- immediately -- are others who will have served a full 12 years come Election Day, including Clark County Commissioner Bruce Woodbury. Mr. Woodbury has actually served 27 years, as former Attorney General Frankie Sue del Papa did incumbent politicians the enormous favor of declaring in 1996 that the amendment actually meant "12 years starting in 1996." That's not what it says, but the court showed little appetite to overrule the error at this late date.

    The usual complaints are now heard that the populace will thus be deprived of all the knowledge and experience of such senior officeholders -- that their replacements will be more easily duped by corporate lobbyists and the like.

    In fact, lobbyists prefer to work with known parties they've long since learned how to groom. (If it's true that the longer our legislators are in office, the more likely they are to stand up to and defy casino and union and state-employee lobbyists, why is it those very forces seem so happy to finance the endless campaigns of these old warhorses?)

    Americans are supposed to be governed by fellow citizens, taking turns to execute a public office before returning to live among us under the laws they've enacted -- not by a class of professional lords and masters with what amounts to lifetime tenure. (Remember George H.W. Bush's amazement at seeing his first supermarket scanner? Think that guy worries about the price of milk and paying the power bill and how to find a parking space?)

    That's why Nevada voters enacted term limits.

    The remaining problem with Friday's decision is that it arrives at such a late date that primary ballots have already been printed. It's thus perfectly possible the popular Mr. Woodbury might still win re-election, despite being disqualified from serving.

    Should Mr. Woodbury prevail, the Republican state central committee would choose his replacement for the general election ballot, without being bound to choose the candidate who runs second in the primary.

    Since the party is a private outfit, that's fine -- though it again raises the question of why taxpayers are stuck financing primary elections to help private parties choose their own nominees, in the first place.

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    TimeToTalk wrote on July 27, 2008 01:24 PM: http://www.lasvegassun.com/news/1996/feb/22/judges-fear-term-limit-backlash/


    Genius wrote on July 27, 2008 10:23 AM: The real problem resides with the legal citizens who keeps electing the same morons to political office. If the people are so STUPID as to keep putting the same crooks in office, then they should suffer their decision. Obviously, it is better to change out the crooks periodically. Democrats and Republicans are both exactly the same, there is no difference. Time to get beyond these two corrupt organizations and start putting third party candidates in office.


    Teaser wrote on July 27, 2008 09:55 AM: "Americans are supposed to be governed by fellow citizens, taking turns to execute a public office before returning to live among us under the laws they've enacted -- not by a class of professional lords and masters with what amounts to lifetime tenure."
    ----------------------
    So why is the RJ thus not strongly advocating that we change lifetime appointments for Supreme Court justices to limited appointments?


    david wrote on July 27, 2008 09:12 AM: Trooper takes drug test!! Seems like he was a nice hard working guy. Was a good father. WAS!! Now he is worthless because of a drug test. Science at its best. He wasn’t stoned, but science said he was . Was a good Dad, science said, he is not now. Was a good worker, not now. He's a horrible person now, because a scientist proved he smoked pot earlier the day before!! Science should be consistent. You drink and drive, it's ok as long as science says so. 0.8 is ok, but smoke a couple of puffs a day earlier and your drug crazed horrible person!!!!! Las Vegas wake up. Pot wears off in the matter minutes. Alcohol is great at killing and maiming people when drinking and driving. Pot should not be in same category. Was a good citizen. Pot crazed horrible person. Lost his job for smoking in his own home the day before. Science at its best! Get real.
    The crash was because of pot? I doubt it! I smoke and I personally know that pot don't make you drive crazy. Not what you want to hear, But that’s life. I'm sorry for the loss of life, but pot don't factor in. Seizure? Not from pot, I doubt, but I'm not a scientist. Was a good trooper for 15 years? WAS. How come everybody he worked with thought he was a good person? 15 years, good worker, good person, good Dad, drug test says otherwise. ?????? Mildly mellow in Vegas. David


    tim wrote on July 27, 2008 09:07 AM: now buckley and raggio can really line their pockets.watch for pension and benefit packages to soar in the next two yrs.


    Helen Weils wrote on July 27, 2008 07:58 AM: The worst news is we have to put up with Barbara Biach Buckley and her tax and spend double dipping mania for 2 more years.