Justice of the peace candidate files appeal with state high court

Attorneys for Amber Candelaria have filed an appeal with the Nevada Supreme Court, which seeks to have the Las Vegas justice of the peace candidate's name on the ballot after a judge ruled that she was ineligible.

At issue is a state law that requires justice of the peace candidates to be licensed attorneys for five years prior to running for office. But the definition of five years is up for interpretation, according to Daniel Polsenberg, one of the attorneys representing Candelaria. She was licensed in October 2006.

Deputy District Attorney Bernard Zadrowski filed the challenge to Candelaria's candidacy. Zadrowski is one of four candidates, including Candelaria, seeking the Department 14 seat. The others are Senior Deputy Attorney General Conrad Hafen and attorney Colby Beck.

At a hearing before District Judge James Bixler last week, Polsenberg and attorney Alan LeFebvre argued the laws governing eligibility are confusing as to what lawmakers' intent was when the law was enacted.

According to Polsenberg, the Legislature wrote the law after attorney Joe Bonaventure was elected, shortly after he was licensed, on the strength of his father's name. His father, Joe Bonaventure, is a former district judge. The younger Bonaventure was first elected in 2004 as justice of the peace in Department 9.

"It was name recognition," said Polsenberg. "(The younger) Judge Bonaventure has turned out to be a pretty good justice of the peace, but the Legislature wanted to make sure judges didn't get elected straight out of law school."

Candelaria argues she should be given credit for five years' tenure because when she paid her Nevada State Bar dues in the fall of 2006 she had to pay for the entire year. Bixler disagreed, saying an attorney's "birthday" is the day they are licensed, not the year.

However, Bixler, a former longtime justice of the peace, agreed the laws regarding justices of the peace are confusing. In most Nevada counties, those with populations less than 400,000, a justice of the peace doesn't have to be an attorney.

In court papers, Candelaria's attorneys seek to expedite the hearing since the printing of absentee ballots begins April 16. If the high court doesn't agree to hear the case before then, Candelaria asks that Bixler's ruling be put on hold until it can be heard.

"For now, the appeal will take most of my time and energy," she said in an e-mail. "It is quite close to the primary, but I am hopeful that the appeal can be heard quickly and in time to protect the voters' fundamental right to vote for the candidate of their choice. This process has by no means been easy, but I believe in what I am doing and that I am the most qualified candidate. I have dedicated my career to public service and access to justice. To this end, my resolve cannot be shaken."

Candelaria clerked for Chief Judge Arthur Ritchie and leads the self-help center at Family Court.

Contact reporter Doug McMurdo at dmcmurdo@reviewjournal.com or 702-380-8135.