Judge Robert Teuton was appointed by Gov. Jim Gibbons to fill a vacancy in August 2008. The Supreme Court says under the Nevada Constitution, he was only allowed to serve until the first Monday in January following last November's general election.
But the seat wasn't placed on last fall's ballot, and Teuton continued to serve.
Former Family Court Judge Robert Lueck filed a lawsuit challenging Teuton's continued service without an election.
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While justices said Lueck lacked legal standing in the case, they agreed Teuton cannot remain on the bench.
The court directed that Gibbons be notified that the seat is vacant.
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Information from: Las Vegas Review-Journal, http://www.lvrj.com
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