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Giampa ex rel. S.G. v. Eighth Judicial Dist. Court of Nev.
Victoria M. Giampa
Attorney General/Las Vegas
Charles Frank Giampa
Attorney General/Carson City
ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITIONThis 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
ORDER the petition DENIED.
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”).
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