By SANDRA CHEREB, Associated Press Writer
Tuesday, November 4, 2008
Nevada voters were deciding Tuesday whether an incumbent Supreme Court justice should be retained and they were choosing between a family court judge and a seasoned lawyer for an open seat on the states high court.
Justice Mark Gibbons, seeking a second, six-year term, was opposed by Las Vegas attorney Thomas Frank Christensen for Seat D, and Washoe Family Court Judge Deborah Schumacher and Las Vegas lawyer Kris Pickering were vying for an open position. Seat B was left open when Justice William Maupin did not seek re-election.
Voters also were deciding four statewide ballot measures, including one that limits government use of eminent domain to take private property.
Gibbons, 57, served six years as a district judge in Clark County before being elected to the Supreme Court in 2002. A year later, the court became mired in a political budget standoff between then Gov. Kenny Guinn and state lawmakers.
The court drew public ire when it ruled the Legislatures constitutional mandate to fund education took priority over another constitutional provision adopted by voters that requires a two-thirds majority in the Legislature to raise taxes.
Gibbons later said the decision was wrong and worked to have it overturned three years later.
Christensen argued the case exemplified why Gibbons should be removed from the high court.
In the campaign for Seat B, Schumacher questioned Pickerings apparent political leanings. During a rally in Carson City for Republican vice presidential nominee Sarah Palin, Pickering praised the McCain-Palin ticket.
Schumacher suggested that violated judicial ethic rules, which dictate judges or judicial candidates not endorse other candidates. Pickerings campaign dismissed the criticism as a non-issue, saying she accepted all invitations to speak at various events during the campaign.
Schumacher, 53, was appointed as a Washoe County Family Court judge in 1997 by then-Gov. Bob Miller, and ran unopposed in 1998 and 2004. Before serving as a judge, she was a part-time Family Court master and specialized in commercial, real estate and business law.
Pickering, 55, was admitted to the Nevada Bar in 1977 and has specialized in civil litigation. She acts as a settlement judge for the state Supreme Court, and served for 16 years as a member of the Nevada Board of Bar Examiners.
Statewide questions being decided by voters dealt with eminent domain, voter eligibility and sales and use tax regulation.
Question 2, already approved by voters in 2006, would amend the Nevada Constitution to restrict use of eminent domain to acquire private property for public use. Its provisions, however, may be short-lived. Legislators last year passed a compromise law and are pursuing a companion constitutional amendment likely to appear on the 2010 ballot.
Question 1 amends the Nevada Constitution to remove an outdated, unconstitutional requirement that a person must reside in Nevada for six months before being eligible to vote.
Question 3, a constitutional amendment approved by lawmakers in 2005 and 2007, sets conditions that must be satisfied before the Legislature can grant property, sales or use tax exemptions. It requires a specific finding of social or economic benefits and mandates that exemptions have an expiration date.
Question 4 amends the state Sales and Use Tax Act of 1955 by authorizing the Legislature to amend or repeal provisions to comply with federal law or interstate agreements. Any tax increase still would require voter approval.
Source: http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2008/11/04/politics/p173733S22.DTL&type=politics
Photo : http://www.nvsupremecourt.us/images/img_justicesGroup.jpg