Nevada Supreme Court, 2019

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

Valentine (Lawrence) v. Dist. Ct. (Attorney General)
Nevada Supreme Court · Decided March 28, 2019

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

Opinion

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

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