Many Esmeralda County residents attended the standing-room-only court proceedings in a show of support for Dondero. Some brought handmade posters stating, “We the people voted for Nick,” while others wore “We Love Nick” stickers. Bailiffs and Esmeralda County sheriff’s officers took extreme care in searching for weapons before allowing anyone to enter the courtroom and giving multiple stern warnings regarding courtroom etiquette.
Judge Wanker admonished both the defense and the AG’s Office for multiple improperly filed documents, documents lacking original “wet” signatures, and a Notice of Motion to Intervene that was slid under the court clerk’s door after the close of business the previous day. “I don’t like trial by ambush,” said Wanker, who instructed counsel to properly familiarize themselves with the District Court rules and filing requirements.
According to the complaint for Writ of Quo Warranto filed by the AG on October 26, 2023 (Case No. CV23-5151), the office of the AG alleges that Dondero is not eligible to hold the office of sheriff, citing Nevada Revised Statute (NRS) 248.090. This statute allows elected sheriffs of counties under 30,000 one year from taking office to obtain the necessary Nevada Peace Officer Standards and Training (POST) commission certifications to serve as a Nevada peace officer. The AG asserts that Dondero must vacate office as his one-year window to obtain POST certification expired on January 1, 2024.
The Nevada Constitution grants courts the authority to issue a legal order called "quo warranto," which, along with NRS chapter 35.010, supports constitutional power, allowing the state to file a lawsuit against someone holding public office unlawfully. Additionally, the complaint states verbatim, "As a result, Dondero cannot lawfully remain in his position as County Sheriff.”
Representing the state were Nevada Attorney General Deputy attorneys Kiel Ireland and Casey Quinn, who contend that Dondero is also ineligible for certification based on NRS 289.555(1)(b), which states "a person is not qualified to serve as a category [I, II, or III] peace officer if he has been convicted of a battery which constitutes domestic violence.” The AG cites evidence of this claim by referring to a 2007 Judgement of Conviction against Dondero for misdemeanor domestic battery in Churchill County, listed under Exhibit II in the civil complaint.
Dondero appeared with his criminal defense attorney from Henderson, Nevada, Augustus Claus, and sitting Esmeralda County District Attorney Brian Kunzi (former Mineral County DA), as elected Esmeralda County District Attorney Robert Glennen cited conflicting interests.
Tuesday’s hearing was specific to a Motion for Summary Judgment filed by the Attorney General’s Office, which may be granted when a legitimate issue of material fact exists, when facts related to the specific legal claim are in dispute, or when undisputed facts support different outcomes on an issue.
Judge Wanker ruled against the Summary Judgment and said the case would proceed. “I don't see this as a slam dunk. It’s a very complicated issue, and quite frankly, it seemed to be a bit of a rush to judgment,” said Wanker. “There are plenty of factual issues and other issues that need to be resolved. And so, at this time, I think the court would actually be very remiss to grant the motion for Summary Judgment.”
Kunzi informed the court that Pool Pact, Esmeralda County’s insurance provider, will not cover the county should any incidents arise involving Dondero where any civil liability is concerned. Kunzi also requested the court permit Dondero to remain in office temporarily with all rights, qualifications, and certifications while the case is pending.
Wanker granted the request, stating, “They are asking me to remove him from office today. I am not removing him from office, and he may remain in office until this action has been resolved. I'm not ruling because of one party or the other party. I'm ruling on the law, and I think that is the correct interpretation.”
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