Nunley (John) v. Johnson

IN THE SUPREME COURT OF THE STATE OF NEVADA

JOHN JOE NUNLEY, No. 78426 Petitioner, vs.

THE HONORABLE SUSAN JOHNSON, HL DISTRICT JUDGE, EIGHTH JUDICIAL

DISTRICT COURT, NEVADA, APR 10 2019 Respondent.

ORDER DENYING PETITION FOR WRIT OF QUO WARRANTO This is an original petition for a writ of quo warrant°. In it, pro se petitioner challenges the authority of respondent Judge Susan Johnson to preside over his criminal and habeas proceedings, asserting that she has not taken the required oath of office. But NRS Chapter 35 "does not authorize[ ] "quo warrant° petitions by.private citizens with only a general interest in seeing this state's laws upheld." Lueck v. Teuton. 125 Nev. 674, 679, 219 P.3d 895, 898 (2009). Petitioner is not claiming entitlement to Judge Johnson's office and has not obtained participation by the attorney general and leave of court. Thus, petitioner does not have standing to institute such a quo warranto action under NRS Chapter 35, and he has not demonstrated a sufficient interest in such proceedings otherwise. Id. Also, although petitioner attached copies of 2003 and 2005 oaths for the office of justice of' the peace pro tempore, he has not demonstrated that Judge Johnson failed to take the oath of office forher current judgeship. See NRS

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Igen-777 1947A 282.305 (explaining that the Nevada Secretary of State oversees compliance with the oath requirements). Therefore, we

ORDER the petition DENIED.

C.J.

J.

J. Hardesty

CC: Hon. Susan Johnson, District Judge

John Joe Nunley

Attorney General/Carson City

Eighth District Court Clerk

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