Office of the Attorney General v. Justice CourtAnnotate this Case
An amended criminal complaint was filed charging Maria Escalante and Ramiro Funez (collectively, Escalante) each with one count of trespass in violation of Nev. Rev. Stat. 207.200(1)(a). Escalante moved to dismiss the charges, arguing that section 207.200(1)(a) is unconstitutionally vague. The Nevada Office of the Attorney General (AG) was not notified of the constitutional challenge to the statute. The justice court granted the motion to dismiss in part, determining that the “vex or annoy” intent requirement in the statute was void for vagueness. When it received notification of the justice court’s order, the AG filed a “motion to place on calendar,” arguing that the AG was entitled to notice of the constitutional challenge under Nev. Rev. Stat. 30.130. The justice court denied the AG’s motion, concluding that section 30.130 applies only to declaratory relief actions and has no applicability to criminal proceedings. The Supreme Court affirmed, holding (1) section 30.130 does not entitle the AG to notice and opportunity to be heard in criminal cases; and (2) Escalante was not required to notify the AG of their constitutional challenge to section 207.200(1)(a).