In a state where sunshine laws are designed to ensure transparency, many Nevadans remain in the dark about critical court proceedings. We can all agree that digital access is crucial to transparency and efficiency. The Nevada Open Government Coalition (NOGC) has let us in on a little-known secret: transparency is not key in our judicial system.

Many Nevada courts are still entrenched in outdated practices that hinder public access to legal documents. A new survey commissioned by the group reveals how few Nevada courts make documents freely accessible online. This survey highlights the challenges journalists, researchers, and the public face in accessing court filings across the state’s district courts. Addressing these issues ensures transparency and accountability in the state’s legal proceedings. 

The Crucial Need for Enhanced Court Document Accessibility in Nevada

The findings of this report reveal a judicial system that, while functioning, is not keeping pace with the expectations of the 21st century. The research of all 17 district courts, conducted by journalist Daniel Rothberg, aimed to understand the obstacles faced when accessing courts from Nevada’s districts. Accessing documents still requires cumbersome methods such as in-person visits or phone requests. As the state grapples with these challenges, the need for reform has never been clearer.  

“This report is a wakeup call that the state’s courts are not uniformly in the 21st century,” NOGC President Michelle Rindels said in the coalition’s white paper about the survey. “We want court administrators, policymakers and others to know there is broad-based interest in modernizing these systems to ensure public court proceedings are not just public in name only, but in a meaningful way.” 

Current Access Challenges

The NOGC’s survey reveals a stark disparity in online access across Nevada’s 17 district courts. While Clark and Washoe counties courts provide online portals allowing public search and access to case documents, the remaining districts primarily rely on outdated systems. Accessing court filings often requires in-person visits or time-consuming phone requests in these areas.

The lack of uniformity impedes journalism’s efficiency and keeps critical legal information from the public. Transparency and accountability remain top priorities for Nevada Policy, and we can’t support the NOGC enough in working toward enforcing accessibility and disrupting unnecessary challenges in our court system.  

The report also underscores that many courts struggle with insufficient funds and overburdened staff, further complicating efforts to create and maintain user-friendly, public-facing online portals. Additionally, the application of fees for document access varies widely, creating further barriers to information.  

The Impact on Journalism and Public Awareness

Journalists play a critical role in informing the public about legal proceedings, but current access limitations compromise their ability to do so effectively and efficiently. It’s almost as if the Nevada courts are acting as gatekeepers to the gatekeepers of information.  

Tabitha Mueller, a politics reporter at The Nevada Independent, emphasized the toll these challenges take on her work, especially in writing about proceedings in Carson City District Court, where many major election cases originate. 

“Accessing court information quickly and efficiently is essential for informing the public,” she said. “The current setup often results in delays, hindering our ability to provide timely and accurate reporting.” 

Unfortunately, Muller isn’t alone in this. Impeding the work of journalists who need a more open court system emphasizes how limited the public is and undermines democratic principles. When court documents are not readily available, the public’s right to know about legal matters affecting their community is jeopardized. 

Proposed Solutions for a Transparent Judiciary

Rightfully so, NOGC offers several key improvements in their white paper on the survey. First and foremost, Nevada’s judicial system needs to standardize online access across all district courts by creating searchable portals and providing direct access to court documents. Adequate funding and increased staff are also pertinent to support these upgrades. The fee structure for accessing records should be reformed to ensure fairness, especially for media and public interest groups.

In addition, the $25 million from the American Rescue Plan should be used to enhance public access, not just e-filing for case parties. These measures help create a more transparent and accessible judicial system for all Nevadans.  

Empower Transparency: Act Now

To ensure that Nevada’s judicial system is truly transparent and accessible, it is imperative to address these deficiencies, which the NGCO diligently highlights in its survey and white paper, and modernize court document access systems.  

For a deeper understanding of the issues and proposed solutions, we encourage you to read the full report commissioned by the NGCO. You can stop by Nevada Policy’s action center to make your voice heard. Your engagement is vital in pushing for meaningful reforms that will benefit all Nevadans.  

Discover the full report here and be a part of the movement to empower transparency and accountability in Nevada’s courts.