Valentine (Lawrence) v. Dist. Ct. (Attorney General)

IN THE SUPREME COURT OF THE STATE OF NEVADA

LAWRENCE RONALD VALENTINE, No. 78287 Petitioner, vs.

THE EIGHTH JUDICIAL DISTRICT

COURT OF THE STATE OF NEVADA,

IN AND FOR THE COUNTY OF

CLARK; AND THE HONORABLE

FILE) MICHAEL VILLANI, DISTRICT

JUDGE,

Respondents, and

ATTORNEY GENERAL; JESSICA E.

PERLICK, DEPUTY ATTORNEY

GENERAL; AND ISIDRO BACA,

WARDEN, NNCC,

Real Parties in Interest.

ORDER DENYING PETITION

FOR EXTRAORDINARY WRIT RELIEF

Petitioner has filed an emergency petition seeking the ouster of respondent district judge and real party in interest deputy attorney general and his own release from custody. Petitioner asserts that these parties lack jurisdiction to proceed because they did not secure and maintain a fidelity bond, pointing to authorities requiring the State Controller, Treasurer, and justices of the peace to post bonds before entering into office, Nev. Const. art. 17, § 20; NRS 4.030, and prescribing consequences for officials' failure to post required bonds, see, e.g., NRS 282.040; State v. Laughton, 19 Nev. 202, 8 P. 344 (1885). Petitioner demonstrates neither that the district judge and deputy attorney general are required to obtain a bond nor that they failed to do so. This court generally does not act as a finder of fact, see Round Hill SUPREME COURT

OF

NEVADA lq-/3b9b (0) 1947A 0 Gen. Improvement Dist. v. Newman, 97 Nev. 601, 604, 637 P.2d 534, 536 (1981), and thus, we decline to further consider this petition for extraordinary relief. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (explaining that it is the petitioner's burden to demonstrate that writ relief is warranted). We therefore ORDER the petition DENIED.

C .J .

&feu 7 , J Pickering

Hardesty i , J.

cc: Hon. Michael Villani, District Judge

Lawrence Ronald Valentine

Attorney General/Carson City

Eighth District Court Clerk

SUPREME COURT

OF

NEVADA (0) 1947A e