State lawmakers are considering legislation aimed at the unbridled discretion Clark County judges claim they have to seal lawsuits from public view.
Bernie Anderson, D-Sparks, chairman of the Assembly Judiciary Committee, said Wednesday that Democrats and Republicans on the committee have asked legislative staff to research the issue and draft a bill that is "in the best interest of the public."
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Anderson declined to discuss specifics of the committee's request, or particulars about the intent of the proposed legislation, until the bill is written and he has studied it.
He said he expects it will take two weeks or more before the committee will have a proposal to look at.
"A bill draft has been requested, and the Judiciary Committee will be examining the issue of what records should be open and what is in the best interest of the public," Anderson said.
The sentiments are shared by some members of a committee formed to look at judicial practices and policies in Nevada. But they contradict comments made last month by Senate Majority Leader Bill Raggio, R-Reno.
He said the state Legislature doesn't have authority to enact laws that tell judges how to conduct themselves when sealing civil court records from public view.
"The court has inherent authority over these matters," Raggio said. "... We don't have the authority to dictate to that branch of government (judges) on what is their inherent authority."
The call for legislation was prompted, Anderson said, by lawmakers who read a series of articles, which began Feb. 11 in the Las Vegas Review-Journal, about Clark County District Court judges sealing 115 lawsuits from 2000 to late 2006 from public view.
In the articles, judges claimed to have the inherent authority to seal lawsuits, but critics said the practice of keeping lawsuits from public view is generally prohibited by Nevada law.
No information is available to the public about those lawsuits, but the Review-Journal was provided with the identities of litigants in each case. The plaintiffs and defendants include people and organizations that are wealthy or wield influence in politics, business, medicine and the courts.
Unlike criminal and family court, where state legislation provides guidelines about sealing records, district court judges use their own discretion in each case.
"I think (the Review-Journal) raised a point that several members were concerned about and thought it could be a topic of legislation," Anderson said.
Others agreed that sealing lawsuits is a practice that should be examined and not simply left to judges.
Craig Walton, considered Southern Nevada's expert on government ethics, and Las Vegas attorney Kathy England are members of the newly formed Article 6 Commission, a blue ribbon task force established to review the practices and policies of judges in the state.
Both said the commission should look at the practice of Clark County District Court judges sealing lawsuits.
"There is a public interest to be served by having public access to case files so wrongdoing of any kind can be found in the public record," England said. "How do you know if it's (wrongdoing) happening again if the case is sealed?"
Walton said that there are probably good reasons for sealing records contained in a lawsuit, but that it may be prudent to establish appropriate guidelines for sealing them.
"I don't see anything wrong with the principle of judges sealing cases, but that should be done under set criteria," Walton said. "... I think the public would accept the principle, but only with criteria."