NV: bill would require court notify AG when law struck down as unconstitutional; similar law putting burden on court struck down in TX last year

I mentioned a few months ago a Texas law, struck down by that state’s top criminal court, that would require the court (rather than the specific party or parties to the suit) notify the state’s Attorney General when a law was struck down as unconstitutional. Last week, an almost identical bill was introduced in Nevada.

Existing Nevada law specifically puts the burden on the prevailing party in the lawsuit under NRS 2.165 (Supreme), 3.241 (District), and 4.235 (Justice Court).

If the [court] holds that a provision of the Nevada Constitution or the Nevada Revised Statutes violates a provision of the Nevada Constitution or the United States Constitution, the prevailing party in the proceeding shall provide a copy of the ruling to the Office of the Attorney General.

Under a provision of SB 60 the burden would shift from the “prevailing party in the proceeding” to the clerk of the respective courts.

SB 60 has been prefiled for the 2015 session.