Thursday, April 6, 2017 | 3:56 p.m.
CARSON CITY — The Nevada Supreme Court issued a ruling today that limits the power of the state Attorney General’s Office in criminal cases where the constitutionality of a law is disputed.
The court said the Attorney General’s Office can be given notice and the right to appear in a civil case where a law’s constitutionality is challenged but not in criminal cases.
In December 2015, Maria Escalante and Ramiro Funez were cited for trespassing at the Red Rock Resort for allegedly slipping union fliers under hotel room doors, according to court records.
Escalante argued the charge should be dismissed because the trespassing law was vague. Justice of the Peace Deborah Lippis agreed and declared the law unconstitutional, dismissed the case.
The Attorney General’s Office appealed, saying it should have been given notice of the case and a chance to appear to argue for the constitutionality of the law.
The Supreme Court said the right of the Attorney General’s Office to receive notice and appear applied only to declaratory judgment cases in civil court. It also noted that it was not ruling on the constitutionality of the law in question.
