Trackergate: NV Supreme Court Rejects ‘Hail Mary’ Amicus Brief Filed By Vice Chair On Judicial Ethics

Back on July 18, the Globe reported that “Trackergate” had taken yet another turn due to a ‘Hail Mary’ amicus brief filed with the Nevada Supreme Court by Rost Olsen, an assistant attorney for the state’s Public Utilities Commission and the Vice Chair of the Standing Committee on Judicial Ethics of the Nevada State Bar. Last Friday, the Supreme Court found that the amicus brief was “not warranted.” (see below)

In Olsen’s attempt to intervene in this politically-charged case, The Globe presciently noted:

Olsen’s “Hail Mary” in this case raises some eyebrows due to his failure to disclose his current position as Vice Chair on the Standing Committee on Judicial Ethics, where Judge Hardy serves as member. In the Amicus Brief, he simply presents himself as a low-level, unelected bureaucrat frightened of “conspiracy theorists armed with private investigators.”

Oddly, he seemingly believes he is representing all 17,000 state employees–which he isn’t authorized or retained to do so. Should the state feel strongly about this case, they could involve themselves, or, his employer, the Nevada Utilities Commission could initiate their involvement.

Yet, Olsen’s brief may be moot as the Nevada Legislature passed Assembly Bill 356 this legislative session which expressly prohibits individuals from using tracking devices without a warrant.

Since our story published, Olson, who identifies as “Tatooed Mormon Lawyer” on Twitter, was confident that his brief would be accepted and further revealed his outwardly-partisan, personal Twitter account–which raises more questions related to his ability to objectively serve on the Standing Committee on Judicial Ethics.

Oh no…a judge was once my bishop back in the day. Obviously something salacious is afoot 🙄.

Gotta love conspiracists who have alienated all the normal people in their lives to a point that they no longer understand basic associations in a midsized town don’t equal impropriety.

— Tattooed Mormon Lawyer (@TattedMormonEsq) August 2, 2023

Not surprisingly, Olson openly admits that his disparate career has relied less on his experience or qualifications, but rather on his faith-based and political “associations in a mid-sized town.”

To note, in his reply brief (see below), Olson acknowledges he used state resources to produce the amicus brief. At the risk of being labeled a “conspiracy theorist”, we must ask: Is it unethical or improper to use state resources to file as an individual and not on behalf of the Public Utilities Commission?

According to Nevada law, the answer is yes, it is unethical and improper. But as a junior attorney and the Vice Chair of the Standing Committee on Judicial Ethics, Olson offers up a subjective and unsubstantiated claim that his use of state resources was “minimal” and he was granted the authority to do so.

We will continue to follow Trackergate and provide related updates to this developing story.