The Nevada Supreme Court has adopted new rules the justices say will ensure court records are open to the public except in special cases.
Until now, Nevada judges have had wide latitude and little guidance on sealing portions of civil lawsuits. These new rules provide them with guidelines and specifically prohibit a judge from sealing an entire case.
That follows last week's opinion stating that Justice Nancy Saitta overstepped her authority when she sealed an entire divorce case while sitting as a district judge.
The new rules require any motion to seal or black out portions of any record be noticed to all parties in the case. They set up a system allowing a hearing on any request to seal.
The rules require a motion to seal any records be justified by "identified compelling privacy or safety interests that outweigh the public interest in access to the court record."
"The parties' agreement alone does not constitute a sufficient basis for the court to seal or redact court records," the order implementing the new rules states.
Any judge who decides to seal any court record must spell out the reasons in writing.
The rules do allow sealing records to protect public health and safety, records containing personal, medical, mental health or tax information as well as sealing records to protect "intellectual, proprietary or property interests such as trade secrets."
But they prohibit sealing any record if that would conceal a public hazard.
Anyone, including members of the public not involved in a case, can challenge a motion or decision to seal court records.
Finally, instead of the normal 60 days to implement new court rules, the high court made the order on sealing and redacting court records effective immediately.
Chief Justice Bill Maupin said the new rules underscore the court's belief in open government "and our commitment to preserve the public nature of the business of the judicial branch."
• Contact reporter Geoff Dornan at gdornan@nevadaappeal.com or 687-8750.