Leanna Lehman
The Nevada Supreme Court has ordered the removal of Esmeralda County Sheriff Nicholas Dondero, ruling that his 2007 conviction for domestic violence disqualifies him from serving as a peace officer under current state law.
In a unanimous decision filed on April 1, the court granted a writ of mandamus requested by Nevada Attorney General Aaron Ford. The petition challenged a district court ruling that had allowed Dondero to remain in office despite being deemed ineligible for certification by the state’s Peace Officer Standards and Training (POST) Commission.
Dondero pleaded no contest to misdemeanor battery constituting domestic violence in 2007 in Churchill County New River Township Justice Court. Though the conviction was later sealed, a 2023 amendment to Nevada law (NRS 289.555) prohibits anyone with such a conviction—sealed or otherwise—from serving as a peace officer. The law was amended specifically to close what lawmakers described as a loophole allowing disqualified individuals to serve despite sealed records.
The law applies to all peace officers statewide, including sheriffs in counties with populations under 30,000. Dondero was elected in November 2022 and took office in January 2023. POST notified him in August 2023 that he would not be eligible for certification due to the prior conviction. He did not pursue certification after receiving the letter.
Because Dondero did not obtain POST certification within one year of taking office, the state also cited NRS 248.005, which requires peace officers to be certified or forfeit their position. The Supreme Court concluded that Dondero’s failure to qualify under these provisions meant he was unlawfully holding office. Though Dondero served for a few years as a peace officer with Fallon Police Department, Fallon Paiute Shoshone Tribal Police, and with the tribal police in Schurz prior to 2007, his POST certifications had long since expired and were not renewed.
“The plain language of the statute specifically contemplates considering a peace officer candidate’s past convictions,” the Court wrote, adding that the Legislature “did not include any cutoff for older convictions.” The Court also clarified that the statute is not retroactive in application, but rather applies prospectively to anyone currently seeking or holding certification.
The Fifth Judicial District Court had previously denied the state’s motion for summary judgment, citing complex legal issues and potential harm to the county if its elected sheriff were removed without a trial. The Supreme Court rejected that reasoning, finding that the district court abused its discretion and that summary judgment was appropriate given the undisputed facts and the controlling law.
Dondero did not file a timely response to the state’s petition. Esmeralda County, which intervened in the case, argued that applying the amended law to a past conviction was unfairly retroactive. The Court disagreed, noting that Dondero had no vested right to the office without POST certification, and that POST’s disqualification did not constitute a due process violation since no revocation proceeding had occurred.
The ruling directs the lower court to vacate its denial of summary judgment and issue a writ of quo warranto—formally removing Dondero from office.
The stay previously granted in July 2024 was also lifted.
Stay POSTED for more on this story as information becomes available.
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