Ethics panel appeals discipline power limit

CARSON CITY -- The Nevada Commission on Ethics has appealed a judge's ruling limiting its authority to discipline state lawmakers.

Patty Cafferata, the commission's executive director, said Carson City District Judge Bill Maddox's decision is being appealed to the Nevada Supreme Court. Maddox has since left the bench after deciding not to seek re-election. His term expired this past week.

In November, Maddox ruled the Ethics Commission does not have the authority to discipline legislators for conduct concerning their official legislative business.

He sided with lawyers for the Legislature who maintained the separation of powers doctrine makes the state Senate and Assembly the only bodies with power to punish their members for actions related to the legislative process.

The commission contends the Legislature waived that power by recognizing the panel's authority in past cases, Cafferata said.

"We have opined on something like 19 other cases involving legislators," she told the Nevada Appeal. "And second, they delegated that authority to us because they created the commission."

Cafferata said the commission still has some authority over lawmakers because Maddox limited the decision to legislative conduct.

Other ethical issues outside the Legislature would still fall under the commission's authority, she said.

A complaint was filed against state Sen. Warren Hardy, R-Las Vegas, president of the Associated Builders and Contractors of Southern Nevada.

The complaint alleges he should not have voted on bills involving contractors during the 2005 and 2007 sessions.