No Supreme Court decision yet on education savings account cases
CARSON CITY — The Nevada Supreme Court on Friday issued eight published opinions as Justice Nancy Saitta left the bench, but the highly anticipated rulings on two education savings account cases were not among them.
Saitta retired from the court in the midst of her term. Her last day as a justice was Friday, but she will be on senior judge status after a 90-day wait.
Because of her departure, there was speculation that the court might rule this week on the constitutionality of the ESA law passed by the 2015 Legislature. The full court heard oral arguments in the two cases on July 29.
But no rulings came on the cases Friday, and there is no definitive date by which the court will rule.
Saitta said in a telephone interview Friday that her last day as a justice was bittersweet.
“I have learned so much in this job,” she said. “I have always been proud to be a member of this court. So leaving is difficult. But I am anxious to start the next chapter.”
Saitta said she plans to continue her work on child welfare and juvenile justice issues.
But Saitta said it is unlikely she will participate in the ESA cases absent some unusual circumstance.
The eight decisions released Friday ranged from criminal appeals to complex civil cases.
“We have a very hard working court,” she said. “Nevada is being well served with justices who care deeply about what they do.”
A lot of Nevadans are eagerly waiting for the court to rule on the school choice measure.
School starts in Clark County on Aug. 29, but the controversial law is on hold awaiting the court’s decision.
If found constitutional, the ESA law would offer parents about $5,100 in per-pupil state funds to spend on private school tuition, home-school expenses and other educational services if they pull their children out of a public school.
Saitta, 65, notified Gov. Brian Sandoval in June that she was stepping down from the high court on Aug. 8. That date was extended to Aug. 12. Her six-year term runs through 2018.
The Nevada Commission on Judicial Selection will consider applicants who want to finish Saitta’s term and recommend three candidates to Sandoval, who then will select a replacement. The process takes roughly four months.
Contact Sean Whaley at swhaley@reviewjournal.com or 775-461-3820. Find @seanw801 on Twitter.
