Nevadan Robert Beadles has intensified his legal battle with the Nevada Supreme Court, filing a Rule 40 Petition for Rehearing and a motion to expedite the process.
It comes after the court, comprising Justices Pickering, Parraguirre, and Stiglich, affirmed a lower court ruling to dismiss his case, a decision Beadles and several legal experts find perplexing. His latest filing includes several binders filled with exhibits and disclosures, reinforcing his argument that the previous ruling failed to address critical points of his appeal.
He asserts that the dismissal overlooked substantial evidence he presented, which directly countered the reasons cited for the initial dismissal.
The Nevada Supreme Court upheld the decision of the First Judicial District Court to deny Robert Beadles’ motion to change venue and to dismiss his complaint. The ruling, involving a pro se appeal from Beadles, addressed allegations of election law violations in the 2020 election.
Beadles had informed the respondents of his belief in ongoing breaches of legal procedures related to the election. When the respondents did not respond to his claims, Beadles filed a complaint.
He alleged that the respondents violated several sections of the Nevada Constitution and state law, and he sought their removal from office due to their failure to address his allegations. The Supreme Court noted that it considered Beadles’ pro se brief and found that no response was necessary from the respondents.
The appeal was decided on Beadles’ brief, a supporting amicus brief, and the case record.
It first addressed Beadles’ motion to change venue. Beadles had filed the action in the Second Judicial District Court and successfully had the venue changed. However, instead of moving the case to the Third Judicial District Court as Beadles requested, they transferred it to the First Judicial District Court, for “the convenience of witnesses.”
The Supreme Court agreed with the district court’s decision, noting that Beadles failed to demonstrate a need for another venue change and that the First Judicial District Court could hold an impartial trial.
It then examined the dismissal of Beadles’ complaint. It concluded that, even when assuming all the factual allegations in the complaint were true, Beadles could not prove any facts that would entitle him to relief. The Justices also upheld the district court’s decision to deny Beadles’ alternative request for a writ of mandamus, agreeing that the respondents had no duty to respond to his allegations as required by the cited constitutional and statutory provisions.
Specifically, the Justices explained that Article 1, Section 10 of the Nevada Constitution, which guarantees the right to petition, does not obligate the respondents to reply to Beadles’ claims. Additionally, Article 2, Section 1A, Subsection 11 of the Nevada Constitution, and NRS 293.2546(11) allow voters to file complaints about elections but do not mandate responses from the respondents.
Further, Article 15, Section 2 of the Nevada Constitution, which requires public officers to take an oath of office, does not extend to the respondents’ obligation to answer Beadles’ allegations. It also found that Beadles misinterpreted NRS 266.430 and NRS 283.440, which outline procedures for removing certain public officers, noting that none of the respondents fell under these categories.
The Supreme Court concluded that Beadles’ complaint did not present grounds for removing the respondents from office. Moreover, any allegations of election law violations should go to the Secretary of State.
Finally, it addressed Beadles’ assertion regarding the district court’s award of attorney fees to the respondents. It noted that the district court had withdrawn this order, and Beadles had not appealed any subsequent order regarding attorney fees.
He emphasizes the gravity of the case, which alleges severe election violations by three Nevada officials, and outlines potential remedies to ensure electoral integrity. Beadles has made it clear that if Justices Pickering, Parraguirre, and Stiglich do not correct their decision, he is prepared to take the matter to the full bench of the Nevada Supreme Court via an En Banc review, which involves all seven justices.
He urged the justices to follow the law and rectify what he sees as a gross oversight. In his appeal, Beadles highlighted numerous election violations and proposed court-enforced measures to hold officials accountable for ineptitude and safeguard future elections.
The case has garnered attention due to its implications for the electoral system in Nevada and public trust in judicial processes. He expressed frustration over the procedural hurdles and financial burdens he has faced, which he believes should not have been necessary for a straightforward trial.
If need be, he plans to file a Rule 40a, ensuring all seven justices review the decision if the current justices do not grant his rehearing request. The legal community and public are watching closely to see whether Justices Pickering, Parraguirre, and Stiglich will adjust their ruling in light of the new evidence presented.
Beadles has also made his recent filings publicly available for those following the case. Here it is in a nutshell:
The Nevada Supreme Court continues processing an appeal filed by Robert Beadles on Thursday, November 30, 2023. The case involved multiple procedural steps and filings as the appellant, Beadles, navigated the appeals process.
On that date, Beadles submitted a Notice of Appeal in proper person (pro se), and the Supreme Court issued notices regarding deadlines and filed the necessary documents, including the Case Appeal Statement and Docketing Statement for Civil Appeals. On Friday, December 1, 2023, Coral Bay paid the $250 filing fee on behalf of Beadles.
Beadles then filed a Certificate of No Transcript Request on Monday, December 4. Subsequently, on the following Monday, he submitted his Opening Brief, and the court issued a procedural order to transmit the record from the district court, which was due in 30 days.
Beadles filed a motion to transfer exhibits to the Supreme Court on Wednesday, December 13, 2023. A motion for “leave to file an amicus brief” was submitted by Oscar Williams, Janice Hermsen, Lena Alexander, and David Chamberlain six days later.
By Friday, January 5, 2024, the district court record on appeal, consisting of multiple volumes, was filed with the Supreme Court. On the same day, the Supreme Court issued a procedural order denying the motions to transfer exhibits and to file an amicus brief, citing insufficient detail in the exhibit request and procedural deficiencies in the amici’s motion.
The following Friday, Beadles and the proposed amici filed additional motions related to transferring exhibits and expediting the ruling. Two weeks later, on Friday, January 26, 2024, the Supreme Court granted the motion to file the amicus brief but denied the motion to transfer exhibits without prejudice. It also agreed to expedite the ruling as much as its docket allowed.
Beadles made further expedited ruling requests on Tuesday, March 5, and Friday, March 8, 2024, but it denied the requests, reaffirming it would expedite it as much as possible within its schedule. Finally, on Friday, May 15, 2024, the Supreme Court issued an order affirming the district court’s judgment.
Subsequently, on Tuesday, May 28, 2024, Beadles filed a petition for rehearing, including exhibits, and paid the rehearing fee.