Mark Gibbons returned to Nevada Supreme Court seat; Pickering leads

RENO (AP) — Nevada voters re-elected Chief Justice Mark Gibbons to the Nevada Supreme Court on Tuesday, approved a constitutional amendment limiting use of eminent domain and rejected giving state lawmakers more authority over regulating sales and use taxes.

Gibbons was declared the winner over Las Vegas attorney Thomas Frank Christensen for Seat D. He was leading by a margin of 55 percent to 25 percent with about half the vote counted.

In the race for Seat B on the high court, Las Vegas lawyer Kris Pickering held a 42 percent to 39 percent lead over Washoe County Family Court Judge Deborah Schumacher.

Voters also approved Question 2, a constitutional amendment that restricts use of eminent domain, and defeated Question 4, which would have given state lawmakers more leeway in making minor changes to the state Sales and Use Tax Act of 1955.

Question 1, a measure to delete an outdated and unconstitutional 30-day voter residency requirement from the Nevada Constitution, appeared headed for defeat, while voters approved Question 3, a new constitutional measure imposing restrictions on tax exemptions, including a requirement that any exemptions be tied to an expiration date.

Gibbons, 57, currently chief justice, served six years as a district judge in Clark County before being elected to the Supreme Court in 2002. A year later, the court became mired in a political budget standoff between then Gov. Kenny Guinn and state lawmakers.

The court drew public ire when it ruled the Legislature's constitutional mandate to fund education took priority over another constitutional provision adopted by voters that requires a two-thirds majority in the Legislature to raise taxes.

Gibbons later said the decision was wrong and worked to have it overturned three years later.

Christensen said the case showed why Gibbons should be removed from the high court.

Pickering, 55, and Schumacher, 53, advanced to the November election after being the top vote-getters in a tightly contested four-way primary race in which all candidates received more than 20 percent of votes casts.

The seat was vacated when Justice William Maupin decided not to seek re-election.

Schumacher, who has been a family court judge since 1997, in her campaign argued that her years on the bench made her more qualified. Before serving as a judge, she was a part-time Family Court master and specialized in commercial, real estate and business law.

Pickering, who has specialized in civil litigation and serves as a settlement judge for the Supreme Court, argued that she had broader experience, including 16 years as a member of the Nevada Board of Bar Examiners.