The question of whether the nationalist should person entree to records successful unfastened transgression cases was astatine the halfway of arguments heard Thursday by the Nevada Supreme Court.
Media attorneys said the precocious court’s determination successful a lawsuit involving the metropolis of Sparks’ refusal to merchandise records related to a 2023 postulation halt successful Reno could weaken the state’s nationalist records laws.
“The effect would beryllium devastating to authorities accountability and transparency successful Nevada,” Las Vegas Review-Journal Chief Legal Officer Ben Lipman said.
The Nevada Public Records Act could alteration if justices broadside with the metropolis of Sparks successful its assertion that documents from an ongoing probe are confidential and not taxable to disclosure.
“We judge this lawsuit is simply a bully mechanics to supply guidance to authorities agencies and requesters crossed the state,” Mariah Northington, Sparks’ elder adjunct metropolis attorney, told the 7 justices.
Chief Justice Douglas Herndon asked Northington for clarification, specifically whether she wanted the precocious tribunal to found a broad regularisation against entree of records from an ongoing investigation.
“In the best-case scenario, Judge, yes, I would similar a bright-line rule,” Northington replied. “It is the metropolis of Sparks’ presumption and the presumption of galore authorities agencies that unfastened and progressive transgression lawsuit files are confidential.”
Attorneys for the Metropolitan Police Department and the cities of Las Vegas and North Las Vegas besides person voiced enactment for adopting specified a rule.
“The crushed we’re present is due to the fact that we support getting sued for not providing these records,” Northington added.
The tribunal did not accidental erstwhile it would marque a decision.
‘Promoting authorities accountability’
The documents successful quality Thursday acrophobic a 2023 postulation halt wherever erstwhile Reno constabulary serviceman Tyler Baehr allegedly took a woman’s telephone and copied “intimate” photos from it.
Baehr, who has denied the allegations, since has been charged successful national tribunal with 2 counts of deprivation of rights nether colour of law.
The woman’s attorney, Luke Busby, antecedently filed a nationalist records petition for body-camera footage and communications that included her name. The petition was denied, prompting a suit against the cities of Reno and Sparks aft the probe was transferred to Sparks police.
In February 2025, Washoe County District Judge Barry Breslow ordered that the woman, Erica Bluth, person redacted records pertaining to her. However, lawyers for Sparks argued that the justice “abused (his) discretion” by ordering partial disclosure and said the bid should beryllium reversed.
Busby and different attorney, Maggie McLetchie, took contented with the judge’s decision, arsenic they argued that each the public, alternatively than conscionable Bluth, should person entree to the records.
Busby said Northington’s connection earlier the tribunal Thursday was not a ineligible statement but a lobbying transportation “directed astatine the incorrect subdivision of government.”
Attorneys for the metropolis are “adopting a categorical exemption for progressive probe files that the Legislature has ne'er enacted,” Busby added.
McLetchie, who was not a enactment to the lawsuit but presented arguments to the tribunal connected behalf of the Review-Journal, the Nevada Press Association and the Nevada Open Government Coalition, said the quality centered connected instrumentality enforcement agencies’ tendency to power the merchandise of information.
“They merchandise accusation astir transgression cases each the time,” McLetchie said. “So what they’re truly arguing is that they get to power the travel of information. That statement cannot stand, successful airy of the underpinnings of the Public Records Act and the extremity of promoting authorities accountability.”
McLetchie asked the Supreme Court to bid the accumulation of the records, making redactions to documents specified arsenic nude photos to support the privateness of victims.
“Access denied means nary accountability for victims oregon the public,” she said.
Contact Akiya Dillon astatine adillon@reviewjournal.com.
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