Nevada Policy Research Institute v. Miller

At issue was the dual employment of two members of Nevada State Senate and two members of Nevada State Assembly, each of whom was also an employee of county school district, state college, county public defender’s office, or county public charter school. The court held that their dual service did not violate the separation of powers doctrine, because the Nevada System of Higher Education is organized outside the executive department, and thus dual employment with a college within that system and as a state legislator consequently did not implicate constitutional concerns. Further, employment with local government did not involve the exercise of the executive authority constitutionally bestowed on the executive department because the Nevada constitution did not specifically create local governments, and only directed the Legislature to establish a uniform system of county and township government. Consequently, employment as a public school teacher or public defender while serving as a state legislator did not violate the separation of powers.