AG refuses to issue opinion on assemblyman’s seat

CARSON CITY -- The attorney general's office has refused to grant a Las Vegas man the opinion he sought on whether the District 11 seat held by Assemblyman Ruben Kihuen should be vacated.

Martin Dupalo said Friday that he received a one-page response from the attorney general's office telling him it would not issue an opinion about whether the seat was vacant because Kihuen has moved out of the district.

Deputy Attorney General Kevin Benson said his office represents the state and executive branch agencies and "is not authorized to provide legal advice or opinions to private citizens."

Benson also said it was a matter left up to the Legislature since it is empowered by the constitution to judge the qualification of its members.

"There was a clear violation of the constitution," responded Dupalo, noting the two-year term of Assemblyman members is listed in the state constitution. "I am frustrated by the failure of the attorney general not to look into this constitutional matter."

Kihuen, D-Las Vegas, admittedly moved out of his district last spring, and now is running for the state Senate. Dupalo lives in District 11.

The assemblyman said recently that he still tries to help resolve problems with the state faced by people who live in the district.

Whoever wins the Assembly race Nov. 2 between Democrat Olivia Diaz and Republican Von Brewer immediately becomes the new Assembly member, although he or she will not be sworn into office before February.

Dupalo had hoped an attorney general's opinion would guide future legislators if they move out of their districts before the end of their terms.

A political science instructor, Dupalo said he has voted for Kihuen and filed the complaint as a matter of principle.