Jeffrey Hagen, owner and founder of JAHA Architecture, has worked as an architect for over 20 years. He’s developed a strong client base and has a sterling record. Based in Sacramento, California, Hagen provides high-quality construction services for commercial, residential, and design projects.
When one of Hagen’s longtime California clients was considering a property in Las Vegas, Hagen was asked to create conceptual plans for an interior remodel. Hagen drew up the plans and shared them with the client. Once his client purchased the property, Hagen began working with the City of Las Vegas to turn the concept drawings into construction plans.
He contacted the City and was told to seek reciprocity for his California-issued architecture license. Hagen truthfully completed the reciprocity application, checked a box indicating he was working with a client, and, upon request, submitted a copy of his construction proposal to the Nevada State Board of Architecture.
What happened next transformed a routine professional licensing matter into a constitutional battle.
His drawings clearly indicated that he was a California architect—and even though he had never marketed himself to anyone as a Nevada architect, the Board drafted a notice of charges. The Board alleged that Hagen practiced architecture in Nevada without a license and actively sought business and advertised himself as a Nevada architect—actions he never engaged in.
The Board also proposed a settlement that would have imposed monetary penalties on Hagen, required public and private admissions of criminal guilt, and asked Hagen to reimburse the Board for its expenses, among other things. Hagen tried to negotiate with the Board, but they refused to compromise.
The Board hauled Hagen before an in-house tribunal in which the Board hired outside counsel to represent itself before its own tribunal and served as both judge and jury. Hagen was denied an independent judge and jury trial by his peers.
After the unconstitutional hearing, the Board imposed over $29,000 in fines. Hagen filed a petition for review with a Nevada trial court, but the court affirmed the Board’s decision, denying Hagen his jury trial rights under the Nevada Constitution and the Seventh Amendment of the U.S. Constitution.
With the support of Pacific Legal Foundation, Jeffrey Hagen and JAHA Architecture appealed the case to the Nevada Supreme Court, requesting the Court to consider the constitutional right to a trial by jury of one’s peers under both the Nevada Constitution and the Seventh Amendment of the U.S. Constitution.
What’s At Stake?
- Every American has the right to a trial by jury before the government imposes civil monetary penalties.
- State agencies cannot fine or punish individuals after finding them guilty in their in-house juryless tribunals.
