Court: Part of Ethics Law Unconstitutional
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Posted: 9:40 PM Jul 29, 2010
Court: Part of Ethics Law Unconstitutional
The Nevada Supreme Court struck down as unconstitutional a portion of the state's ethics law Thursday in a case involving Sparks Councilman Michael Carrigan.
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CARSON CITY, Nev. (AP) - The Nevada Supreme Court struck down as
unconstitutional a portion of the state's ethics law Thursday in a
case involving Sparks Councilman Michael Carrigan.

The high court said the law the Nevada Ethics Commission relied
on when it censured Carrigan for voting on the controversial Lazy 8
casino project in 2005 was overly broad and "lacks necessary
limitations to its regulations of protected speech."

The ethics panel said Carrigan should have abstained from voting
because his friend and campaign manager, Carlos Vasquez, also
worked as a consultant for the Red Hawk Land Co., which was backing the casino project.

Carrigan disclosed his relationship with Vasquez on the record
but voted on the advice of the city attorney, saying he didn't
stand to "reap either financial or personal gain or loss" by his
action.

Carrigan petitioned a judge in Carson City for a judicial review
of the ethics commission's ruling. Former District Judge Bill
Maddox rejected Carrigan's constitutional claims and said the
state's interest in having an ethical government outweighs a public
officer's protected free speech voting right.

Thursday's 5-1 Supreme Court decision reverses the lower court
ruling.

The majority opinion written by Justice Michael Douglas said a
"catchall" provision in the law that extends defined voting
prohibitions - such as in matters involving family members,
business partners or employers - to any other "similar"
relationship was vague and overly broad.

"This catchall language fails to adequately limit the statute's
potential reach and does not inform or guide public officers as to
what relationships require recusal," the opinion said.

Justices also said voting by public officials amounts to
protected speech under the First Amendment.

Justice Kris Pickering, in a lone dissent, disagreed. She said
invalidating conflict-of-interest laws "is a mistake that I fear
opens the door to much litigation and little good."

Earlier this month, a Reno judge found that the ethics
commission violated Carrigan's First Amendment rights when it
forced him to abstain for another vote involving the project last
year.

Copyright 2012 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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