Click The Law - Headline Legal News
Nevada high court considering email public records question
Court Watch | 2016/11/21 20:56
Neighbors' efforts to block the reopening of a mine in a historic Nevada mining town have unearthed a legal question about whether emails kept by elected officials on their personal devices are public records.

The Comstock Residents Association wants the Nevada Supreme Court to order Lyon County to release communications between county commissioners and Comstock Mining Inc. ahead of a January 2014 decision to allow mining again at Silver City.

The question focuses on whether the public has a right to government information contained on personal electronic devices and in personal email accounts.

Senior Washoe County District Court Judge Steven Kosach rejected the request earlier this year, ruling records on personal devices and accounts are outside the public agency's control and aren't covered under the Nevada Public Records Act.

The judge also found the communications were not official actions. But he acknowledged his ruling "may cause public employees to skirt the provision of the (public records law) by conducting business on their personal devices," the Las Vegas Review-Journal reported.

Barry Smith, director of the Nevada Press Association, said the lower court ruling allows the "electronic version of the old backroom deal."

"Officials could avoid the open-records law by conducting public business through their private phones and email accounts," Smith said.

In a brief filed Nov. 7 with the state high court, association attorney Luke Busby said the court's decision would provide "critical guidance" to public officials about access to public records.

In court filings, Busby noted that then-Commissioner Vida Keller said at the January 2014 commission meeting that she had contacted her colleagues outside the public meeting regarding the land-use change.

"As it turned out, Commissioner Keller and other members of the Lyon County Commissioners used their personal devices or email accounts to conduct official business," Busby said. "An otherwise public record does not lose public status simply because it was created, received or stored on a personal device or personal account."

A three-member panel of justices heard oral arguments in the case Sept. 14. It could be several months before a ruling is made.


[PREV] [1] ..[514][515][516][517][518][519][520][521][522].. [2017] [NEXT]
All
Headline Legal News
Legal Topics
Legal Business
Attorney News
Court News
Court Watch
Areas of Focus
Legal Interview
Opinions
Court: EPA violated law on harmfu..
Zimbabwe's opposition challenges ..
N Carolina Supreme Court race law..
Court, regulators clash over uran..
Nevada Supreme Court taking up ex..
Supreme Court examines Kentucky's..
Child remains found at New Mexico..
Filing period opens for West Virg..
Oklahoma lawsuit against opioid m..
The Latest: Zimbabwe's president ..
SC Supreme Court to decide if ele..
With scant record, Supreme Court ..
Officer involved in militia leade..
Donald Trump Jr., wife due in cou..
Court: Mud buggy race operators w..
High court gives mixed verdict on..
N Carolina elections board back i..
Court: Ban seafood caught with ne..
Court: Release surveillance video..
Top court: Social media posts vio..




Santa Ana Workers' Compensation Lawyers
www.gentryashtonlaw.com
Chicago Truck Drivers Lawyer
Chicago Workers' Comp Attorneys
www.krol-law.com
Downtown Manhattan Business Law Attorneys
Breach of Contract Lawyers
www.woodslaw.com
San Francisco Trademark Lawyer
San Francisco Copyright Lawyer
www.onulawfirm.com
Lorain Elyria Divorce Lawyer
www.loraindivorceattorney.com
Chicago Business Law Attorney
Corporate Litigation Attorneys
www.rothlawgroup.com
Surry County Criminal Defense Lawyers
Yadkin County Family Law Attorneys
www.dirussolaw.com
Connecticut Special Education Lawyer
www.fortelawgroup.com
Law Firm Web Design Templates
Lawyer Website Templates
www.webpromo.com
   Legal Resource
Headline Legal News for You to Reach America's Best Legal Professionals. The latest legal news and information - Law Firm, Lawyer and Legal Professional news in the Media.
 
 
 
Copyright © ClickTheLaw.com. All Rights Reserved. The content contained on the web site has been prepared by Click The Law. as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. By using the www.clickthelaw.com you agree to be bound by these Terms & Conditions.

Law Firm Web Design by Lawyer Website Design - Lawyer Web Site Design That Works