The legal tussle between Nevada Governor Joe Lombardo and the state's ethics commission has taken a new turn, as the Nevada Supreme Court has allowed the governor's lawsuit to progress, reversing a prior dismissal by a Carson City court. This development springs from allegations that Lombardo, during his time as a sheriff, misused his position and government resources in his campaign for governor, which led to a censure and a $20,000 fine imposed by the ethics panel in July 2023. As reported by FOX5 Vegas, Governor Lombardo filed a lawsuit in October challenging the commission's authority, citing a breach of the state's separation of powers due to legislative involvement in appointing commission members.
The constitutional wrangle hinges on Lombardo's assertion that the ethics commission, with half of its members appointed by the state legislature, lacks the jurisdiction to penalize a sitting governor. This argument appears to have found sympathetic ears within the Nevada Supreme Court as they ruled unanimously to overturn an earlier decision that granted a motion to dismiss Governor Lombardo's lawsuit. The Carson City judge had initially dismissed the case on grounds that Lombardo failed to timely notify the Nevada Attorney General's office, as per the statutory requirements. However, the high court accepted his explanation that he believed notifying the Attorney General's office was "futile" because it had recused itself from the case. As conveyed by News3LV, the justices found "the delay caused the Commission no prejudice" in their decision to extend the 45-day service window.
According to the Supreme Court's ruling, the case has now been remanded to the Carson City District Court for further proceedings. This allows Governor Lombardo another opportunity to make his case against the ethics violation findings which he has vehemently contested since their inception. The ethical impropriety in question involves Lombardo's use of his sheriff's badge in his gubernatorial campaign materials, an act the ethics commission ruled as a violation.
