Opinion
No. 58660.
12-05-2011
Victoria M. GIAMPA, on Behalf of S.G., a Minor, and M.G., a Minor, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT OF the STATE of Nevada, in and for The County of CLARK; and The Honorable Douglas W. Herndon, District Judge, Respondents, and Bryce C. Duckworth, Esq., Individually and Professionally; Smith Larsen & Wixom, A Nevada Corporation; Charles F. Giampa, Individually and Professionally; District Court Judge Gloria S. Sanchez, Individually and In Her Official Capacity; District Court Judge Sandra L. Pomrenze, Individually and in Her Official Capacity; Dr. Louis Mortillaro, Ph.D., Individually and Professionally; Eighth Judicial District Court of The State of Nevada, In and for The County of Clark; Chuck Short, in his Official Capacity as past Administrator of the Eighth Judicial District Court; County of Clark, A Political Subdivision of the State of Nevada, in their Official and Individual Capacities; David Roger, in his Official Capacity as District Attorney for Clark County; Clark County Department, Family Court Division, A Political Subdivision of the State of Nevada; State of Nevada Supreme Court; State of Nevada Legislature; and Catherine Cortez Masto, Individually and in her Official Capacity as Attorney General of Nevada, Real Parties in Interest.
Victoria M. Giampa Attorney General/Las Vegas Charles Frank Giampa Attorney General/Carson City
Victoria M. Giampa
Attorney General/Las Vegas
Charles Frank Giampa
Attorney General/Carson City
ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION
This is an original proper person writ petition seeking mandamus and prohibition relief.
Writ relief is generally available when there is no plain, speedy, and adequate remedy in the ordinary course of law. NRS 34.170 ; NRS 34.330. A writ of mandamus is available to compel the performance of an act that the law requires or to control an arbitrary or capricious exercise of discretion. NRS 34.160. A writ of prohibition may issue to confine the district court to the proper exercise of its prescribed jurisdiction when the court has acted in excess of its jurisdiction. NRS 34.320. The issuance of a writ of mandamus or prohibition is purely within this court's discretion. Smith v. District Court, 107 Nev. 674, 677, 818 P.2d 849, 851–52 (1991). Having reviewed the petition, we decline to exercise our discretion to consider this petition. Id.; NRAP 21(b)(1). Accordingly, we
We note that this court, as a whole, is listed as a party in the caption of this original writ petition, although nothing in the petition indicates that petitioner is raising issues as to the dismissal of this court from the underlying case. Despite these circumstances, however, we determine that we have a duty to sit and decide this matter. See
In re Ross. 99 Nev. 1, 10, 656 P.2d 832, 837 (1983) (recognizing the “rule of necessity” exception to judicial qualification, in which disqualification is inappropriate when such disqualification “would leave the parties without a forum”).