LAS VEGAS – Nevada’s open government advocates are celebrating a state court victory today. The Supreme Court of Nevada ruled in favor of media source Our Nevada Judges, which sued the Eighth Judicial District Court of Nevada in 2022, after the court passed a rule that would have barred Our Nevada Judges from videotaping family court proceedings.
The rule change at the Eighth Judicial District Court meant Our Nevada Judges – which films court proceedings around the state and posts them online – could be prevented from covering any child custody or domestic cases. And judges would have to enforce the rule. The state court found that family law proceedings are presumptively open to the public and the press, however, and ruled it is unconstitutional to enact rules that close all proceedings by default rather than on a case-by-case basis.
“It should be noted that the closure of various family law proceedings can and will be warranted in various instances,” the ruling reads. “What we recognize today is the critical importance of the public’s access to the courts and the role that thoughtful, reasoned judicial decision-making plays in identifying the compelling interests at stake and determining: (1) if and when to order closure in any proceeding, be it family, civil, or criminal in nature; and (2) to what extent such closure should apply.”
Justices Lidia Stiglich, Ron Parraguirre and Linda Bell dissented.
Alex Falconi of Our Nevada Judges thanked the ACLU of Nevada, Reno-based attorney Luke Busby and others for fighting the court battle.
“I am grateful that the Supreme Court has enabled us to continue in our mission to bridge the gap between the public and the judiciary by clearing a path for access to very important proceedings within Family Court that were largely inaccessible,” he said. “I also appreciate the support of the ACLU, Luke Busby, Maggie McLetchie, the Legal Aid Center of Southern Nevada, Northern Nevada Legal Aid and Nevada Legal Services, which were essential and necessary in this effort.”
In March 2023, the ACLU of Nevada and cooperating attorneys appeared for oral arguments before an en banc panel of the Nevada Supreme Court on behalf of Our Nevada Judges.
The ACLU of Nevada argued that the public and news media have a right to access courts under the First Amendment.
Access to the courts is critical to government transparency everywhere in the U.S., and it has particular importance in Nevada, where the public elects judges to the bench, the organization said in a statement to the news media.
“Without transparency, the public cannot hold courts accountable for misconduct, and Nevadans have no mechanism to ensure family court proceedings are fair or honest,” the ACLU continued. “Closing court proceedings without cause increases the likelihood that the most vulnerable members of our community are hidden away by the individuals and systems that have victimized them.”
Falconi has also sued judges in Washoe County. Last year, he sued over a media coverage denial by District Court Judge Kathleen Drakulich, which was deemed moot as the case proceeded. He also sued after Sparks Justice Court Judge Kevin Higgins denied Falconi access to his courtroom when trying to cover a case. Falconi won his case against Higgins but was not granted attorney fees.
Disclosure: Luke Busby represents This Is Reno on public records litigation.
SOURCE: ACLU
