Keep pushing

Because state Sen. Mo Denis quit his job as a public employee, government workers still may serve in the Legislature. That's the clearest takeaway from Carson City District Judge James Russell's decision to throw out a lawsuit brought by the Nevada Policy Research Institute, which sought clarity on the Nevada Constitution's separation of powers doctrine.

The lawsuit targeted Sen. Denis because the legislator worked as a computer technician for the Public Utilities Commission -- in the executive branch -- in violation of the constitution's provision that no one who exercises power in one branch of government may do so in another.

But Sen. Denis quit his PUC job a few weeks after the lawsuit was filed, and Judge Russell ruled Friday that the resignation made the case moot.

Nothing could be further from the truth.

At least six other lawmakers -- Republicans and Democrats -- are full-time public employees. At one time, more than a dozen government workers served in Carson City in violation of the doctrine. In some cases, these men and women ran roughshod over their public-sector supervisors and abused taxpayers.

The constitution's clear language has been watered down over the years by a number of attorney general opinions, which have allowed local and state government workers to serve as lawmakers. There is a vital public interest in settling this issue, once and for all, with direction from the courts.

Joseph Becker, NPRI's chief legal officer, said he will appeal Judge Russell's decision to the Nevada Supreme Court. Good. The point of this case is not to disqualify people from seeking office. It's to prevent office holders from serving two masters. If the appeal fails, NPRI must keep pushing by filing cases against other conflicted, sitting public-employee lawmakers.