Nevada Commission on Ethics authorizes appeal in Rodriguez case

The Nevada Commission on Ethics voted to authorize commission counsel to file a notice of appeal and take steps necessary to challenge a district court order that overturned the commission's opinion in a case involving Joseph Rodriguez.

Commission Counsel Bassett told the commission the court had granted Rodriguez's petition for judicial review and “overturn[ed] the commission's opinion,” and she recommended the commission appeal, citing what she described as legal errors in the court’s application of the limited‑use exception and an improper shifting of proof to the commission. "I am recommending that the commission file a notice of appeal and appeal the granting of that petition for judicial review," Bassett said.

Commissioner Yen disclosed that she is "a partner with the law firm of McDonald's Crono of which Mr. Rodriguez is a client" and, citing the relevant Nevada statutes, said she would abstain from participation in the matter to avoid a conflict of interest. The commission recorded the disclosure and Yen’s stated abstention before proceeding.

Commissioner Sherwin said he believed "ultimately the district court judge reached the correct decision under the statute," but he nonetheless supported an appeal to obtain needed clarification from the Nevada Supreme Court about the limited‑use exception because the issue has arisen repeatedly.

Chair Wallen moved to authorize counsel to file the appeal, and the commission approved the motion. The motion also delegated limited authority to the chair and vice chair to consult with counsel on legal issues and to bring dispositive decisions such as dismissals or settlement agreements back to the full commission. The transcript records the motion carried but does not include a roll‑call vote tally in the record provided.

Next steps: commission counsel will proceed with filing and will return to the full commission before agreeing to any dismissal or settlement.