Clark County v. Eliason
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The Supreme Court held that Nev. Rev. Stat. 258.007 does not give the Clark County Board of Commissioners (Board) power to remove a constable from office or necessitate quo warranto proceedings because the statute works an automatic forfeiture of office if the constable fails to become certified as a category II peace officer.
Section 258.007 requires a constable to become certified as a category II peace officer within a certain amount of time or forfeit the office. The United States District Court for the District of Nevada certified a question to the Supreme Court, asking whether the statute gives the Board the power to remove a constable from office or whether a constable can be removed only through a quo warranto action. The Supreme Court answered the first part of the certified question in the negative, which necessarily resolved the second part of the certified question, holding that the Board has neither the authority nor the need to declare a forfeiture because that forfeiture occurs automatically upon the constable's failure timely to certify as a category II peace officer.
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