Administrative Deference in Judicial Review Cases
June 1, 2019, The Writ, “Appellate Briefs”
–Briefs submitted to the Nevada Supreme Court must contain a “concise statement of the applicable standard of review.” NRAP 28(a)(10)(B). This requirement is not a memory test for attorneys but a critical part of the argument on appeal. See NRAP 28(a)(10) (including the standard of review within the “argument” section of the brief ); see also Walsh v. Centeio, 692 F.2d 1239, 1241 (9th Cir. 1982) (“[T]he outcome of the instant case turns on the standard of review . . . .”). The applicable standard of review is especially important in an administrative appeal as there is an extra step in the process. In a series of recent decisions involving the termination of classified employees, the Nevada Supreme Court identified a new standard of review to be employed by a hearing officer as well as reaffirmed the standard of review for the district court and the Nevada Supreme Court. To read entire article click here.
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