Washoe County District Attorney's Office v. Second Judicial District CourtAnnotate this Case
The Supreme Court granted these consolidated writ petitions filed by the Washoe County District Attorney's Office challenging the Second Judicial District Court's authority to compel it to participate in a record-sealing proceeding, holding that if a district attorney's office chooses not to participate in a proceeding, the district court lacks the authority to compel it to do so.
In 2019, the Washoe County DA told the district court it would participate in record-sealing proceedings only when it wanted to oppose the petition. Three petitioners subsequently filed petitions to seal their criminal records. As required by Nev. Rev. Stat. 179.245(3), the district court notified the Washoe County DA that each petition had been filed. The court then ordered that the DA file a response or opposition to the petition. The Washoe County DA responded by filing three identical writ petitions challenging the district court's authority to compel it to participate in the record-sealing proceedings. The Supreme Court granted the petitions, holding that sections 179.245(3) and (4) do not require the Washoe County DA to participate in a record-sealing petition, and the district court otherwise lacked the authority compel the DA to participate.