Patterson v. Las Vegas Municipal Court

Summary

The Nevada Supreme Court denied Kelly Wayne Patterson’s petition for a writ of mandamus challenging the denial of attorney fees and litigation expenses under NRS 41.0393. The court held that the statute’s definition of “court” limits authority to award such fees and expenses to district courts and justice courts, excluding municipal courts. The court therefore upheld the municipal court’s denial and the district court’s denial of Patterson’s appeal.

Holdings

1. The court may exercise its discretion to consider the mandamus petition because the question whether municipal courts may award fees and expenses under NRS 41.0393 was an issue of first impression, presented a significant issue that might otherwise evade review, and implicated judicial economy.
2. Municipal courts lack authority under NRS 41.0393 to award attorney fees and litigation expenses to a prevailing party in a criminal action because NRS 41.0393(8) defines the term court to mean only a district court or justice court.
3. NRS 5.073 and NRS 266.550 do not give municipal courts authority to award fees and expenses under NRS 41.0393 because those statutes generally address municipal-court proceedings and powers, while NRS 41.0393 specifically governs fee awards in criminal actions.

Questions Presented

1. Whether the Nevada Supreme Court should exercise its discretion to entertain Patterson's mandamus petition despite his having pursued an appeal to the district court.
2. Whether a municipal court has authority under NRS 41.0393 to award attorney fees and litigation expenses to a prevailing criminal defendant.
3. Whether NRS 5.073 and NRS 266.550 grant municipal courts authority to award fees and expenses under NRS 41.0393.
4. Whether Patterson's vindictive-prosecution claim remained subject to further relief after the criminal charges were dismissed.

Disposition

writ_denied