Holland & Hart has joined forces with the ACLU of Nevada to submit an amicus brief to the Nevada Supreme Court. The case in question concerns the public’s right to access court proceedings, a matter highlighted by a dispute involving the Murdoch family.
The Murdochs have been involved in a high-profile legal battle over their family fortune. Their legal team has lobbied for statutes NRS 164.041 and NRS 669.256, which some interpret as allowing probate proceedings to be automatically sealed from public view. This development has raised concerns about transparency, as neither media nor the public can access these proceedings.
Seven major news organizations, including The New York Times and CNN, have petitioned against this sealing order, arguing it is unconstitutional. In response, the ACLU of Nevada filed an amicus brief with pro bono assistance from Holland & Hart’s appellate team. The brief supports the news organizations’ petition and emphasizes Nevadans’ right to open courts.
Christopher Peterson, Legal Director at ACLU of Nevada, stated: “Over the last two weeks, thousands of Nevadans voted in judicial elections across our state… The First Amendment guarantees that everyone has the right to see what is going on in our courtrooms.”
The ACLU of Nevada stresses that transparency is crucial for maintaining trust in the judicial system and cites past efforts like Falconi v. Eighth Judicial Dist. Court as foundational for this principle.
Furthermore, they argue that allowing legislative control over court proceedings could violate constitutional separation of powers by encroaching on judicial functions.
The briefing process is currently underway and expected to conclude by mid-December when a decision will be made regarding oral arguments before the Nevada Supreme Court.
For further insights into this case’s implications, Holland & Hart’s Abe Smith is available for commentary through Debbie Campbell at 720-272-8954.
