Court: Las Vegas lawyer can’t run for justice of peace

CARSON CITY -- The Nevada Supreme Court on a 4-2 vote Thursday rejected a move by a Las Vegas lawyer to have her name put on the Nov. 2 election ballot as a justice of the peace candidate.

Justices ruled that Amber Lynn Candelaria cannot run for justice of the peace in Department 14 in Las Vegas township. They decided she does not meet a requirement that she must be a lawyer for at least five years before running.

In the decision, justices noted Candelaria was not admitted to the Nevada State Bar until Oct. 17, 2006.

But in November, she was sent her state bar membership dues renewal statement. It assessed her fees at the rate applicable to lawyers with five or more years of experience.

Justices, however, said the "plain language" of the state law requires lawyers in Las Vegas to serve five or more years before they can run for justice of the peace.

Justices Michael Cherry and Nancy Saitta dissented. Cherry pointed out the state bar is "an arm of the court" and it deemed Candelaria was a five-year lawyer.

They also noted that state law allows justices of the peace in some parts of Nevada to be nonlawyers.

"In this state's capital, Carson City, a person with business before the justice court could have his or her case decided by a justice of peace with only a high school diploma or 'its equivalent,' " their dissent stated.

They called the situation "shameful" when different qualifications apply for candidates to the same office.

Candelaria's move for ballot status originally was denied by District Judge James Bixler. She appealed that decision to the Supreme Court.

Ballots for the Nov. 2 election do not include her name.