Las Vegas CBS KXNT – Embattled state assemblyman Steven Brooks hasn’t given up on the 2013 legislative session, even though he’s been placed on administrative leave, and barred from entering the legislature building in Carson City. Brooks’s Attorney, Mitchell Posin, has asked the Nevada Supreme Court to order the legislature to allow Brooks to be seated for the remainder of the session.

“Our position is that he was elected by his constituents to do the people’s business, and not by the other legislators,” Posin told KXNT on Tuesday. “They have no right to put him on administrative leave.”

Posin says there’s a U.S. Supreme Court ruling to that effect that’s been cited by the state’s highest court has at least once.

Brooks has been in the headlines a lot lately, but not for any lawmaking activity. He ramped up to the session in late January by making a threat against Assembly Speaker Marilyn Kirkpatrick. On Monday, he was charged with a felony arising from an incident in which he allegedly resisted arrested and tried to grab a police officer’s gun during the struggle.

Those two episodes are the bookends on a series of run-ins with the law, and moments of strange behavior that received intense media coverage.

Posin says the pending criminal charge is unrelated to the role Brooks should be fulfilling as an elected official. He’s asked the Court to issue an order within 14 days, because, he says, the voters who elected Steven Brooks are going without representation.

“Every day that goes by is another day down the drain, because he’s not doing what he was elected to do,” Posin told KXNT.