Washoe County D.A. Vs. The Second Jud. Dist. Ct. C/W 80261

Nevada Supreme Court

Washoe County D.A. Vs. The Second Jud. Dist. Ct. C/W 80261

DecidedNovember 16, 2020

Docket80260

StatusPublished

This text of Washoe County D.A. Vs. The Second Jud. Dist. Ct. C/W 80261 (Washoe County D.A. Vs. The Second Jud. Dist. Ct. C/W 80261) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Washoe County D.A. Vs. The Second Jud. Dist. Ct. C/W 80261, (Neb. 2020).

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Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

THE WASHOE COUNTY DISTRICT No. 80260 ATTORNEY'S OFFICE, Petitioner, vs. THE SECOND JUDICIAL DISTRICT FILED COURT OF THE STATE OF NEVADA, NOV 1 6 2020 IN AND FOR THE COUNTY OF L-7•LIZASETH A. SROWN WASHOE, AND THE HONORABLE CLERK OF SUPREME COURT KATHLEEN M. DRAKULICH, BY DEPUTY CLERK DISTRICT JUDGE, Res ondents. THE WASHOE COUNTY DISTRICT No, 80261 ATTORNEY'S OFFICE, Petitioner, vs. THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF WASHOE; AND THE HONORABLE KATHLEEN M. DRAKULICH, DISTRICT JUDGE, Res ondents.

ORDER GRANTING PETITIONS These petitions for a writ of mandamus or prohibition challenge district court orders directing the Washoe County District Attorney's office (WCDA) to participate in record-sealing proceedings) We recently held

1 The writ petitions name the State of Nevada as the petitioner. This appears to be a clerical error because the WCDA filed the petitions. Accordingly, we direct the clerk of this court to rnodify the captions on these dockets to conform to the captions in this order. Further, because the petitions seek identical relief, we elect to consolidate these petitions for disposition.

SUPREME COURT OF NEVADA

OM 1447A AP. ,20- l(91-13 that NRS 179.245(3) does not require the WCDA to participate in proceedings to seal criminal records. Washoe Cty. Dist. Attorney's Office v. Second Judicial Dist. Court, 136 Nev., Adv. Op. 67 (2020). Thus, we conclude that the district court exceeded its authority and that writs of prohibition to vacate the district court's orders are appropriate.2 See id. Accordingly, we ORDER the petitions GRANTED AND DIRECT THE CLERK OF THIS COURT TO ISSUE WRITS OF PROHIBITION instructing the district court to vacate its orders requiring the WCDA to participate in the record-sealing proceedings.

Parraguirre

, J. Hardesty e

, J. Cadish

cc: Hon. Kathleen M. Drakulich, District Judge Washoe County District Attorney Attorney General/Carson City Washoe District Court Clerk

2A writ of prohibition is the more appropriate reinedy for this challenge.

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IN THE SUPREME COURT OF THE STATE OF NEVADA

THE WASHOE COUNTY DISTRICT No. 80260 ATTORNEY'S OFFICE, Petitioner, vs. THE SECOND JUDICIAL DISTRICT FILED COURT OF THE STATE OF NEVADA, NOV 1 6 2020 IN AND FOR THE COUNTY OF L-7•LIZASETH A. SROWN WASHOE, AND THE HONORABLE CLERK OF SUPREME COURT KATHLEEN M. DRAKULICH, BY DEPUTY CLERK DISTRICT JUDGE, Res ondents. THE WASHOE COUNTY DISTRICT No, 80261 ATTORNEY'S OFFICE, Petitioner, vs. THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF WASHOE; AND THE HONORABLE KATHLEEN M. DRAKULICH, DISTRICT JUDGE, Res ondents.

ORDER GRANTING PETITIONS These petitions for a writ of mandamus or prohibition challenge district court orders directing the Washoe County District Attorney's office (WCDA) to participate in record-sealing proceedings) We recently held

1 The writ petitions name the State of Nevada as the petitioner. This appears to be a clerical error because the WCDA filed the petitions. Accordingly, we direct the clerk of this court to rnodify the captions on these dockets to conform to the captions in this order. Further, because the petitions seek identical relief, we elect to consolidate these petitions for disposition.

SUPREME COURT OF NEVADA

OM 1447A AP. ,20- l(91-13 that NRS 179.245(3) does not require the WCDA to participate in proceedings to seal criminal records. Washoe Cty. Dist. Attorney's Office v. Second Judicial Dist. Court, 136 Nev., Adv. Op. 67 (2020). Thus, we conclude that the district court exceeded its authority and that writs of prohibition to vacate the district court's orders are appropriate.2 See id. Accordingly, we ORDER the petitions GRANTED AND DIRECT THE CLERK OF THIS COURT TO ISSUE WRITS OF PROHIBITION instructing the district court to vacate its orders requiring the WCDA to participate in the record-sealing proceedings.

Parraguirre

, J. Hardesty e

, J. Cadish

cc: Hon. Kathleen M. Drakulich, District Judge Washoe County District Attorney Attorney General/Carson City Washoe District Court Clerk

2A writ of prohibition is the more appropriate reinedy for this challenge.

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Washoe County D.A. Vs. The Second Jud. Dist. Ct. C/W 80261, Counsel Stack Legal Research, https://law.counselstack.com/opinion/washoe-county-da-vs-the-second-jud-dist-ct-cw-80261-nev-2020.

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