LAS VEGAS – The Supreme Court of Nevada on Thursday ruled in favor of Our Nevada Judges, adopting arguments made to the court by the ACLU of Nevada and ruling that there is a constitutional right to access family court proceedings.
The court found that family law proceedings are presumptively open to the public and the press 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,” reads the ruling penned by Justice Douglas Herndon, with Justices Elissa Cadish, Kristina Pickering, and Abbi Silver concurring. “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.
ACLU of Nevada Legal Director Chris Peterson:
“Today’s order adopting our arguments, namely that open courts and a right to transparency during court proceedings, are critical for our community’s ability to hold our elected judges and court systems accountable. Some of the most vulnerable people in our community appear before family court judges, and while there are cases in which it may be necessary to close a court hearing, imposing a blanket rule that obscures all family court proceedings by allowing any party to close a hearing without cause only serves to incentivize abuse within a family court system that is already marred with issues. Sunshine is the best disinfectant.”
Alex Falconi of Our Nevada Judges said:
"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. 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 was essential and necessary in this effort."
About the Case
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. Falconi v. Eighth Judicial District Court was filed in June 2022 after the Eighth Judicial District Court adopted a rule allowing for closing court proceedings to the public without cause.
The ACLU of Nevada has argued that the public has a right to access courts under the First Amendment. First Amendment access to the courts is critical to government transparency everywhere in the United States, and it has particular importance in Nevada where judges are elected by the public to the bench. Without transparency, the public cannot hold courts accountable for misconduct, and Nevadans have no mechanism to ensure family court proceedings are fair or honest. 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.
