O'Connor

O'Connor v. Nevada

Good Law
27 F.3d 357·1994 WL 243726
United States Court of Appeals for the Ninth CircuitJune 8, 1994No. 92-16803California3,724 words

Opinion

Lead Opinion

Nelson, J.

Opinion by Judge T.G. NELSON.

I

OVERVIEW

Marilyn O’Connor and Eleanor Waugh appeal the district court’s judgment in favor of the State of Nevada in their action challenging the constitutionality of Nev.Rev.Stat. § 2.020(2), which requires candidates for the Nevada Supreme Court to be attorneys. Because O’Connor and Waugh are not attorneys, they were not permitted to run as candidates for the office of Nevada Supreme Court Justice. They raise several arguments on appeal. We affirm.

II

BACKGROUND

On May 7, 1992, O’Connor filed with the Nevada Secretary of State her declaration of candidacy for Justice of the Nevada Supreme Court. She attached to the declaration a statement indicating her non-lawyer status and that she qualified for the office under the provisions of the Nevada Constitution. The Secretary of State refused to accept her declaration.

On May 11,1992, Waugh also filed a declaration of candidacy for Justice of the Nevada Supreme Court. Apparently, her declaration was inadvertently accepted because on June 8, 1992, the Nevada Attorney General filed an application for writ of mandamus in the Nevada Supreme Court to compel the Secretary of State to strike Waugh’s name…

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